CESM Minutes 04/07/2017 April 7, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 7, 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
Danny Blanco, Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: April 7,2017 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—March 3,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: S0183103-CEEX20170003163
OWNER: ELIZABETH TREVINO
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66(1)(H)
FIRE LANE
VIOLATION
ADDRESS: HOME DEPOT, 1651 AIRPORT RD,NAPLES
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2. CASE NO: PR057433-CEEX20170004312
OWNER: RAY MCGARRY
OFFICER: PARK RANGER P.JONES
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-55
FAILED TO PAY PARKING FEE OR DISPLAY VALID PARKING PERMIT
VIOLATION
ADDRESS: VANDERBILT BEACH GARAGE,LEVEL 3,NAPLES
3. CASE NO: PR057776-CEEX20170004473
OWNER: MERRILEE VANKAMPEN
OFFICER: PARK RANGER W.MUILENBURG -
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-55
EXPIRED BEACH PERMIT;BEACH AND LOT CLOSE AT SUNSET
VIOLATION
ADDRESS: BAREFOOT BEACH ACCESS,NAPLES
4. CASE NO: PU5144-CEEX20170004964
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(N)
WATER HOSE CONNECTED TO THE BACK LEG OF THE BACKFLOW DEVICE
CROSSING SORRENO CT.
FOLIO NO: 31347557162
VIOLATION
ADDRESS: 9066 SORRENO CT,NAPLES
5. CASE NO: PU5145-CEEX20170004967
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(B)(1)
WATER HOSE CONNECTED TO THE LEG OF BACKFLOW DEVICE CROSSING
SORRENO CT.CONTRACTOR CARRYING HOSE TO REAR PROPERTY OF 9067
SORRENO CT.
FOLIO NO: 31347557162
VIOLATION
ADDRESS: 9066 SORRENO CT,NAPLES
6. CASE NO: PU5299-CEEX20170003150
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(N)
ILLEGAL CONNECTION TO THE SERVICE PORT ON TWO INCH RPZ.NO PERSON
SHALL CONNECT INTO ANY WATER OR SEWER LINE OWNED BY THE COUNTY
WITHOUT WRITTEN CONSENT.
FOLIO NO: 76885050157
VIOLATION
ADDRESS: 3837 TOLLGATE BLVD,NAPLES
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7. CASE NO: PU5301-CEEX20170003151
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(9)
3/4 INCH BYPASS WAS REMOVED AND CONNECTION WAS ESTABLISHED BEFORE
THE METER TO THIS DEVICE.
FOLIO NO: 76885050157
VIOLATION
ADDRESS: 3837 TOLLGATE BLVD,NAPLES
8. CASE NO: PU5302-CEEX20170003153
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-126 SECTION(A)(6)
FIRE BACKFLOW DEVICE,3/4 AND 4 INCH DEVICES ALTERED AND REMOVED TO
ESTABLISH WATER CONNECTION TO PRIVATELY OWNED FIRE BACKFLOW
DEVICES.
FOLIO NO: 76885050157
VIOLATION
ADDRESS: 3837 TOLLGATE BLVD,NAPLES
9. CASE NO: PU5142-CEEX20170003149
OWNER: CITY GATE SELF STORAGE LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(Q)
WATER HOSE CONNECTED TO COUNTY SIDE OF FIRE BACKFLOW DEVICE,
UNMETERED.NO FREE SERVICE.
FOLIO NO: 26095000264
VIOLATION
ADDRESS: 3807 WHITE LAKE BLVD,NAPLES
10. CASE NO: PU5325-CEEX20170003154
OWNER: CITY GATE SELF STORAGE LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-126 SECTION(A)(6)
WATER HOSE CONNECTED TO COUNTY SIDE OF FIRE BACKFLOW DEVICE,NO
PROTECTION TO THE COUNTY WATER SYSTEM.
FOLIO NO: 26095000264
VIOLATION
ADDRESS: 3807 WHITE LAKE BLVD,NAPLES
11. CASE NO: DAS21931-CEEX20170003964
OWNER: PABLO RAMIREZ
OFFICER: TAD BARTAREAU
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II,
SECTION 14-34(1)(B).DOG RUNNING AT LARGE.
VIOLATION
ADDRESS: 600 VALLEY STREAM DRIVE,NAPLES
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12. CASE NO: CEPM20150013681
OWNER: RICARDO DEJESUS AND KATHLEAN DEJESUS
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-228(1), SECTION 22-231(12)(I),AND SECTION 22-231(12)(C). BROKEN
WINDOWS,ROOF IN DISREPAIR.
FOLIO NO: 1132520004
VIOLATION
ADDRESS: 222 SWAIN STREET,NAPLES
13. CASE NO: CELU20170001152
OWNER: HERITAGE SQUARE REAL ESTATE LLC
OFFICER: INVESTIGATOR JON HOAGBOON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
4.05.02(G)(L)(M).UNAUTHORIZED"STACKED"PARKING CONFIGURATION IN THE
DRIVE AISLES.
FOLIO NO: 152480002
VIOLATION
ADDRESS: 13500 TAMIAMI TRAIL NORTH,NAPLES
14. CASE NO: CENA20160016736
OWNER: ALYCE ANN MATHIAS
OFFICER: INVESTIGATOR PATRICK BALDWIN
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). WEEDS IN EXCESS OF 18 INCHES.
FOLIO NO: 56320001607
VIOLATION
ADDRESS: 270 MADISON DRIVE,NAPLES
15. CASE NO: CELU20160019784
OWNER: MENDOZA BROS 5 LLC
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179,AND THE 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 PILES OF DIRT,GRAVEL,PAVERS,
ALUMINUM,PIPES,ETC.
FOLIO NO: 00728400005
VIOLATION
ADDRESS: 271 PRICE STREET,NAPLES
16. CASE NO: CEROW20160008193
OWNER: YASNIEL GONZALEZ ET AL
OFFICER: INVESTIGATOR CRISTINA PEREZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,
DIVISION 1 GENERALLY, SECTION 110-31(A).DAMAGE TO GRASS AND USE OF THE
RIGHT OF WAY FOR VEHICLE ENTRY TO AND EXIT FROM THE PROPERTY
WITHOUT OBTAINING APPLICABLE COLLIER COUNTY RIGHT OF WAY PERMITS.
FOLIO NO: 36446880007
VIOLATION
ADDRESS: 2801 TROPICANA BLVD,NAPLES
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17. CASE NO: CESD20160017609
OWNER: MEDELSONNE GARRAUX AND ROSE G.GARRAUX GEROME
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A)AND SECTION 10.02.06(B)(1)(E)(I).SHED ON THE PROPERTY
WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS.
FOLIO NO: 77390004008
VIOLATION
ADDRESS: 13463 COVENANT ROAD,NAPLES
18. CASE NO: CEROW20150020992
OWNER: MIGUEL GARCIA
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,
SECTION 110-31(A).DRIVEWAY INSTALLED WITHOUT OBTAINING A COLLIER
COUNTY RIGHT OF WAY PERMIT.
FOLIO NO: 37224880008
VIOLATION
ADDRESS: 841 4TH STREET SE,NAPLES
19. 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
B. Emergency Cases:
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
B. Motions for Imposition of Fines and Lien:
1. 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(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
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2. 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
3. CASE NO: CEPM20160008116
OWNER: ALBERT HOUSTON SR.
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-236. THE COLLIER COUNTY BUILDING OFFICIAL HAS FOUND THAT
THE MAIN STRUCTURE AND THE TWO ACCESSORY BUILDINGS ARE DANGEROUS
AND UNSUITABLE FOR THE SAFE OCCUPANCY OF ITS INTENDED PURPOSE.
IMMEDIATE REPAIRS,UP TO AND INCLUDING DEMOLITION OF THE STRUCTURES,
ARE REQUIRED.
FOLIO NO: 25631200005
VIOLATION
ADDRESS: 216 S 4TH STREET,IMMOKALEE
4. CASE NO: CENA20160015273
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179 AND 54-181.LITTER AND DEBRIS CONSISTING OF WOOD,METAL,
PLASTIC,DISCARDED APPLIANCES,ETC.THROUGHOUT THE PROPERTY.
FOLIO NO: 01134800201
VIOLATION
ADDRESS: 246 SINGLETARY STREET,COPELAND
5. CASE NO: CEV20160015274
OWNER: FLORIDA GULFCOAST HOLDINGS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED AND INOPERABLE VEHICLES ON THE PROPERTY.
FOLIO NO: 01134800201
VIOLATION
ADDRESS: 246 SINGLETARY STREET,COPELAND
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April 7, 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 9:03 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: 9:23 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 cases were moved to Item V.A—Stipulations:
• #16-CASE NO: CEROW20160008193 -YASNIEL GONZALEZ ET AL
• #4-CASE NO: PU5144-CEEX20170004964-TAYLOR MORRISON ESPLANADE NAPLES LLC
• #5 -CASE NO: PU5145-CEEX20170004967-TAYLOR MORRISON ESPLANADE NAPLES LLC
• #6-CASE NO: PU5299-CEEX20170003150-SHREE SIDDHIVINAYAK HOSPITALITY LLC
• #7-CASE NO: PU5301-CEEX20170003151 -SHREE SIDDHIVINAYAK HOSPITALITY LLC
• #8-CASE NO: PU5302-CEEX20170003153 -SHREE SIDDHIVINAYAK HOSPITALITY LLC
Under Item V.B—Hearings,the following cases were withdrawn:
• #1 -CASE NO: SO183103-CEEX20170003163 -ELIZABETH TREVINO
• #2-CASE NO: PR057433-CEEX20170004312-RAY MCGARRY
• #3 -CASE NO: PR057776-CEEX20170004473 -MERRILEE VANKAMPEN
• #9-CASE NO: PU5142-CEEX20170003149-CITY GATE SELF STORAGE LLC
• #10-CASE NO: PU5325-CEEX20170003154-CITY GATE SELF STORAGE LLC
• #12-CASE NO: CEPM20150013681 -RICARDO DEJESUS AND KATHLEAN DEJESUS
• #13 -CASE NO: CELU20170001152-HERITAGE SQUARE REAL ESTATE LLC
• #14-CASE NO: CENA20160016736-ALYCE ANN MATHIAS
• #15 -CASE NO: CELU20160019784-MENDOZA BROS 5 LLC
• #17-CASE NO: CESD20160017609-MEDELSONNE GARRAUX AND ROSE G.GARRAUX GEROME
• #18-CASE NO: CEROW20150020992-MIGUEL GARCIA
Under Item VI.A—Motion for Imposition of Fines,the following case was withdrawn:
• #1 -CASE NO: CEPM20160013889-JP MORGAN MRTG TRUST
• #4-CASE NO: CENA20160015273 -FLORIDA GULFCOAST HOLDINGS
• #5 -CASE NO: CEV20160015274-FLORIDA GULFCOAST HOLDINGS
• #7-CASE NO: CEV20160018865 -RENEE A. WEEKS
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—March 3,2017
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April 7, 2017
The minutes of the March 3, 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
1. CASE NO: CEROW20160008193
OWNER: YASNIEL GONZALEZ ET AL
OFFICER: f INVESTIGATOR CRISTINA PEREZ
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,
DIVISION 1 GENERALLY, SECTION 110-31(A).DAMAGE TO GRASS AND USE OF THE
RIGHT OF WAY FOR VEHICLE ENTRY TO AND EXIT FROM THE PROPERTY
WITHOUT OBTAINING APPLICABLE COLLIER COUNTY RIGHT OF WAY PERMITS.
FOLIO NO: 36446880007
VIOLATION ADDRESS:2801 TROPICANA BLVD,NAPLES
The Case was continued to the next meeting as Mr. Gonzalez signed the Stipulation without
demonstration of proper authorization from the remaining landowners.
2. CASE NO: PU5144-CEEX20170004964
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(N)
WATER HOSE CONNECTED TO THE BACK LEG OF THE BACKFLOW DEVICE
CROSSING SORRENO CT.
FOLIO NO: 31347557162
VIOLATION ADDRESS:9066 SORRENO CT,NAPLES
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent's representative Stephen Walker on April 7,
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 by
May 7, 2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by May 7, 2017.
3. CASE NO: PU5145-CEEX20170004967
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(B)(1)
WATER HOSE CONNECTED TO THE LEG OF BACKFLOW DEVICE CROSSING
SORRENO CT. CONTRACTOR CARRYING HOSE TO REAR PROPERTY OF 9067
SORRENO CT.
FOLIO NO: 31347557162
VIOLATION ADDRESS:9066 SORRENO CT,NAPLES
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April 7, 2017
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent's representative Stephen Walker on April 7,
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 by
May 7, 2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by May 7, 2017.
4. CASE NO: PU5299-CEEX20170003150
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(N)
ILLEGAL CONNECTION TO THE SERVICE PORT ON TWO INCH RPZ.NO PERSON
SHALL CONNECT INTO ANY WATER OR SEWER LINE OWNED BY THE COUNTY
WITHOUT WRITTEN CONSENT.
FOLIO NO: 76885050157
VIOLATION ADDRESS:3837 TOLLGATE BLVD,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Danny Patel on April 7,
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 by
May 7, 2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by May 7, 2017.
5. CASE NO: PU5301-CEEX20170003151
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-174 SECTION(9)
3/4 INCH BYPASS WAS REMOVED AND CONNECTION WAS ESTABLISHED BEFORE
THE METER TO THIS DEVICE.
FOLIO NO:. 76885050157
VIOLATION ADDRESS:3837 TOLLGATE BLVD,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Danny Patel on April 7,
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 by
May 7,2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by May 7, 2017.
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April 7, 2017
6. CASE NO: PU5302-CEEX20170003153
OWNER: SHREE SIDDHIVINAYAK HOSPITALITY LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES 134-126 SECTION(A)(6)
FIRE BACKFLOW DEVICE,3/4 AND 4 INCH DEVICES ALTERED AND REMOVED TO
ESTABLISH WATER CONNECTION TO PRIVATELY OWNED FIRE BACKFLOW
DEVICES.
FOLIO NO: 76885050157
VIOLATION ADDRESS:3837 TOLLGATE BLVD,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Danny Patel on April 7,
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 by
May 7, 2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by May 7, 2017.
VI. PUBLIC HEARINGS
A. Hearings
11. CASE NO: DAS21931-CEEX20170003964
OWNER: PAULO RAMIREZ
OFFICER: TAD BARTAREAU
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14, ARTICLE
II, SECTION 14-34(1)(B).DOG RUNNING AT LARGE.
VIOLATION ADDRESS: 600 VALLEY STREAM DRIVE,NAPLES
Paulo Ramirez was present with his interpreter Gilbert Padron
Officer Bartareau represented the County and testified:
• The case involves a mandatory appearance by Mr. Ramirez as the dog has been
impounded 7 times.
• He was assessed fines twice in December of 2016 in the amounts of$107 and $207.
• In February, the 4th registered offense occurred triggering the mandatory
appearance.
• Mr. Ramirez's yard is fenced in, however the dog is a puppy and digs under the
fence.
• The dog is a friendly dog who does not wander far from his home.
Mr. Ramirez testified he has taken measures to address the issue including sealing the
gate area in the fence, obtaining a stronger leash and other improvements to the fenced area
so the dog can not escape. The dog is on leash when residents are present, if no one is
home,the dog is confined to the house.
Officer Bartareau testified the Magistrate has the discretion to impose a range of fines,
however the owner has been responsive in addressing the issue.
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April 7, 2017
Special Magistrate Garretson, after hearing the testimony ordered the Respondent to pay
a fine of$100.00, Operational Costs of$50.00 and a $5.00 Administrative Fee for a total
amount due of$155.00 to be paid by May 7, 2017.
19. CASE NO: CEEX20170002592(the case was "time certain" and heard at 11:00 a.m.)
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
Assistant County Attorney Kevin Noell represented the County.
Evidence Entered: Exhibit A: DAS Investigation Packet
Mara Marzano testified and answered questions from Mr. Noell as follows:
• She has lived on The Lane for 12— 13 years and on April 30, 2015 she was
walking her 3 dogs, on leash down the sidewalk.
• She observed 2 Pit Bulls, unleashed in an unenclosed front yard across the street
that began barking at her dogs.
• She started walking in the opposite direction back up the sidewalk when the two
dogs crossed the street and one dog"Nala"began attacking her dogs.
• The smallest dog escaped from the leash and fled the scene as a neighbor from
across the street appeared with a broom in order to stop the attack.
• The missing dog appeared at home at 3:00 am in the morning with injuries
sustained from the attack.
• The residence where the dogs appeared from is the Respondent's.
• She identified the dog in question via photos as"Nala" and provided a sworn
statement on the incident.
Officer Grossi testified:
• He investigated the incident and another event occurred where a Chad Stein's (a
neighbor) dog was attacked by"Nala"on January 25, 2016 causing injury to his
dog.
• After a review of the case, "Nala"was deemed a Dangerous Dog based on Collier
County Ordinance 14, Article II, Section 14-36 finding under paragraph 3, (the
dog, "when unprovoked chased or approached a person in the street or on the
sidewalk or any public grounds in a menacing fashion or apparent attitude of
attack provided that such actions are attested to in a sworn statement by one or
more persons and dutifully investigated by the appropriate authority). "
Samantha Branda,Attorney represented Ms. Dipascale.
Evidence Entered: Exhibits 1 — 18,photos of Ms. Dipascale's dogs, rear yard and gate
inside the home.
Ms. Dipascale testified:
• She harbors 4 dogs and had an issue with her front door which she corrected.
• Following the "Stine"incident, she installed a gate in the house behind the front door
further securing the point of exit.
• Ms. Marzano did not have her 3rd dog that fled the scene on a leash.
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April 7, 2017
• She walks her dogs on a leash, has a fenced in back yard and crates the dog inside the
home when no one is present.
• The dog is not a menacing animal and just wanted to play with Ms. Marzano's dogs.
• There have only been 2 incidents (of injury) as the dog simply escaped on the other
occasion.
• The dogs have been subject to professional training and are not aggressive towards
people with no recent incidents.
• The dog is confined in a room in the house when guests visit.
• She was not present at the time of the Marzano incident.
• She requested the determination"Nala" is a"Dangerous Dog"be rescinded.
Mr. Noell reported there was a third incident(August 16, 2016) involving an attack as sworn to by
Gloria Laverde making a total of 3 cases with injuries to other dogs.
Special Magistrate Garretson reported her decision needs to be based on whether there were
sufficient grounds for County Staff to make a Dangerous Dog determination.
Special Magistrate Garretson took the case UNDER ADVISEMENT.
B. Emergency Cases:
None
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien:
2. 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
Ronald Abel was present and testified the only remaining item to be addressed is
replacement of the top pool screen cage. He requested a 30 day extension to finish abating
the violations.
Investigator Connetta represented the County and had no objection the request.
Special Magistrate Garretson CONTINUED the case to the next hearing date.
3. CASE NO: CEPM20160008116
OWNER: ALBERT HOUSTON SR.
OFFICER: INVESTIGATOR JOE MUCHA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE
VI, SECTION 22-236. THE COLLIER COUNTY BUILDING OFFICIAL HAS FOUND
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April 7, 2017
THAT THE MAIN STRUCTURE AND THE TWO ACCESSORY BUILDINGS ARE
DANGEROUS AND UNSUITABLE FOR THE SAFE OCCUPANCY OF ITS INTENDED
PURPOSE. IMMEDIATE REPAIRS,UP TO AND INCLUDING DEMOLITION OF THE
STRUCTURES,ARE REQUIRED.
FOLIO NO: 25631200005
VIOLATION ADDRESS: 216 S 4TH STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 3/22/17
Date of Hearing Notice Property/Courthouse Posting: 3/24/17
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated by the County.
Special Magistrate Order: No. 5328 Page: 1761
Fine Amount: $250.00/day
Duration: 11/8/16—2/24/17 (109 days)
Total Fine Amount: $27,250.00
Unpaid Abatement Costs: $11,995.87
Unpaid Operational Costs: $230.13
Total to Date: $39,476.00
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
$39,476.00. Said amount to become a lien on the property.
6. CASE NO: CENA20160018861
OWNER: LORRAINE BURGESS AND ADRIAN BURGESS
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-179,54-181 AND 54-185(A). WEEDS OVER 18 INCHES AND LITTER ON
THE PROPERTY.
FOLIO NO: 1134805808
VIOLATION ADDRESS: 249 BROCKINGTON DRIVE,COPELAND
Date of Hearing Notice by Certified Mail: 3/22/17
Date of Hearing Notice Property/Courthouse Posting: 3/24/17
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has been abated by the County.
Special Magistrate Order: No. 5368 Page: 3323
Fine Amount: $100.00/day
Duration: 2/25/17—4/7/17 (42 days)
Total Fine Amount: $4,200.00
Unpaid Operational Costs: $230.36
Total to Date: $4,430.36
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
$4,430.36. Said amount to become a lien on the property.
VIII. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
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April 7, 2017
B. Motions to Rescind Previously Issued Order:
None
IX. 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: May 5, 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 12:10 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
• da Garretso , Special Magistrate
The Minutes were approved by the Special Magistrate on i\let.‘ S '1 , as presented
or as amended
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