CESM Minutes 05/05/2017 May 5, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 5, 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: May 5,2017 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—April 7,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: FA34410-CEEX20170005648
OWNER: CHERI VAUGHN
OFFICER: CORPORAL SHANNON LEE AND DEPUTY JUSTIN BAXTER
VIOLATIONS: CODE OF LAW&ORD., SEC.FA 5-24
EXCESSIVE FALSE ALARMS
VIOLATION
ADDRESS: 217 WEST STREET,NAPLES
1
2. CASE NO: PR057568-CEEX20170005888
OWNER: CHRIS OGDEN
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
PERMIT NOT PERMANENTLY AFFIXED,TAPED ON.ALSO EXPIRED LAUNCH
RECEIPT.
VIOLATION
ADDRESS: BAYVIEW PARK,NAPLES
3. CASE NO: PR057832-CEEX20170006469
OWNER: FERNANDO GOMEZ
OFFICER: PARK RANGER M.ARAQUISTAIN
VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66
FAILURE TO DISPLAY PAID PARKING RECEIPT.EXPIRED RECEIPT.
VIOLATION
ADDRESS: CONNER PARK,NAPLES
4. CASE NO: DAS22120-CEEX20170005201
OWNER: JONATHAN BADHAM
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG FOUND RUNNING AT LARGE.9TH IMPOUNDMENT.
VIOLATION
ADDRESS: 41ST TER SW,NAPLES
5. 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
6. 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
2
7. CASE NO: CEROW20150007745
OWNER: MATTHEW L.JUMPER
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND
BRIDGES,ARTICLE II,DIVISION 1 GENERALLY,SECTION 110-30 AND 110-31(A)THE
CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS,IT HAS COLLAPSED OR RUSTED
THROUGH.ORDINANCE 2003-37.A GRAVEL DRIVEWAY THAT HAS NO DRIVEWAY
PIPE AND IS BLOCKING THE FLOW OF WATER GOING FROM EAST TO WEST.
FOLIO NO: 38226240001
VIOLATION
ADDRESS: 5890 CEDAR TREE LANE,NAPLES
8. CASE NO: CEPM20170003025
OWNER: SIMON WONG
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19).MOLD IN DWELLING.
FOLIO NO: 31156005724
VIOLATION
ADDRESS: 1240 WILDWOOD LAKES BLVD,UNIT 106,NAPLES
9. CASE NO: CEV20170002645
OWNER: ELLA III LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED/INOPERABLE VEHICLE PARKED ON THE PROPERTY.
FOLIO NO: 133480005
VIOLATION
ADDRESS: 459 SOUTH 8TH STREET,IMMOKALEE
B. Emergency Cases:
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
B. Motions for Imposition of Fines and Lien:
1. CASE NO: CEPM20160014886
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
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
3
2. 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
3. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(5), SECTION 22-231(11), SECTION 22-231(12)(C), SECTION 22-
231(12)(N), SECTION 22-231(13),AND SECTION 22-231(15). POOL WATER IS GREEN IN
COLOR, SCREENS ON POOL CAGE ARE TORN/RIPPED,EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE, KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION
ADDRESS: 2172 41ST TERRACE SW,NAPLES
4. 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
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: June 2, 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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May 5, 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 9:07A.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: 9:21 a.m.
Reconvened: 9:30 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 V.A—Stipulations:
• #6-CASE NO: CEROW20160008193- YASNIEL GONZALEZ ET AL
Under Item V.B—Hearings, the following cases were withdrawn:
• #3 -CASE NO: PR057832-CEEX20170006469-FERNANDO GOMEZ
• #7-CASE NO: CEROW20150007745-MATTHEW L.JUMPER
Under Item VII.A—Motion to Rescind a Previously Issued Order, the following case was added:
• #1 -CASE NO: DAS20689-CEEX20170001752-NATALIE PORTER
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES —April 7,2017
The minutes of the April 7, 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: 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
2
May 5, 2017
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
Supervisor Perez requested the hearing.
The Stipulation was entered into by Yasniel Gonzalez, Et Al on April 12, 2017.
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
June 5, 2017.
2. Abate all violations by ceasing the use of the unpermitted ROW access and obtain all
required Collier County Right of Way permit(s) to permit the additional access or to
restore the Collier County Right of Way to a permitted state, obtain all inspections through
final approval by November 5, 2017 or a fine of$250.00 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: $115.25
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: FA34410-CEEX20170005648
OWNER: CHERI VAUGHN
OFFICER: CORPORAL SHANNON LEE AND DEPUTY JUSTIN BAXTER
VIOLATIONS: CODE OF LAW&ORD., SEC.FA 5-24
EXCESSIVE FALSE ALARMS
VIOLATION ADDRESS:217 WEST STREET,NAPLES
Cheri Vaughn was present and testified:
• She resides in Pine Ridge Estates in close proximity to US41 and allows persons to
perform yard work in exchange for food increasing the likelihood her good Samaritan
behavior makes the residence a target for unauthorized access.
• She was not present at the time of the incident (March 9, 2017)but the notification was
not a false alarm, but rather set off by an intruder.
• The Sheriff's office noticed new scratch marks on the sliding door and agreed at the time
it was an attempted break in.
• Subsequently she received a Citation 4-5 days after the fact for a false alarm.
• She requested 2 photos be placed into evidence.
Corporal Lee objected to the photos being entered as evidence as they were taken on March 14,
2017, 5 days after the incident. He did not observe any "new scratch" marks on the door the day
of the incident and noted they could have been added after the fact.
Ms. Vaughn reported that she took the photos after she received the Citation as on the day of the
event she was informed the incident was not deemed a false alarm.
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May 5, 2017
Special Magistrate Garretson allowed the photos into evidence for credibility purposes.
Respondent Evidence Entered: Exhibit 1: Photo of the slider door
Exhibit 2: Photo of door latch area of door
Corporal Lee testified:
• He responded to the scene the day of the incident and there were no new scratch marks
present on the slider door.
• He noted that the new scratch marks were on the inside of the door frame and the area on
the outside of the door casing where a locked door would rest against it was not damaged
indicating no one had compromised a locked door.
• The photo of the latch area appears to show no locking mechanism where the latch meets
the casing.
Corporal Baxter testified:
• He arrived on scene that day at 3:13 p.m., responding to the first notification of the alarm.
• He found two doors in the front of the home unlocked on the premise and the rear slider
ajar.
• He attempted to contact the owner with no response.
• There were dogs present in the home and he did not enter the premise.
• He had to immediately leave the scene to respond to an incident involving a death.
Corporal Lee reported that he responded to the second notification at 3:37 p.m. as indicated in
his testimony above, and his report of the incident cites the statement"unable to secure."
County Evidence Entered: Exhibit 1: Collier County Sheriff document dated 3/9/17
"False Alarm Counts with Comments"
Joyce Erickson, Collier County Sheriff's Office testified that she issued the Citation.
Ms. Vaughn testified the door in question does contain a locking latch and she leaves the front
garage entry door unlocked for ease of access.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
UPHELD issuance of the Citation and ordered the Respondent to pay a Fine of$75.00, $50.00
in Operational Costs and a $5.00 Administrative Fee for a total amount due of$130.00 by July
5, 2017.
2. CASE NO: PR057568-CEEX20170005888
OWNER: CHRIS OGDEN
OFFICER: PARK RANGER BARRY GORNIAK
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66
PERMIT NOT PERMANENTLY AFFIXED,TAPED ON.ALSO EXPIRED LAUNCH
RECEIPT.
VIOLATION ADDRESS:BAYVIEW PARK,NAPLES
Ranger Gorniak was not present and Staff reported he was notified on the hearing.
Mr. Ogden requested the case be Dismissed.
Special Magistrate Garretson GRANTED Mr. Ogden's request and Dismissed the Citation.
4. CASE NO: DAS22120-CEEX20170005201
4
May 5, 2017
OWNER: JONATHAN BADHAM
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG FOUND RUNNING AT LARGE. 9TH IMPOUNDMENT.
VIOLATION ADDRESS:41ST TER SW,NAPLES
Officer McQueen represented the County.
Mr. Badham was present and testified:
• The case involves a recent event due to his fence being knocked down from a storm.
• He is taking measures to repair the fence and the incident involved his 11 year old child
letting the dog out without a restraint.
• He previously appeared before the Magistrate and paid the maximum fine and does not
want to incur substantial costs today as it will deter him from making repairs to the fence.
Officer McQueen testified:
• This is Mr. Badham's second appearance in front of the Magistrate with 6 instances of
the dog running at large where a citation was not issued.
• Mr. Badham did pay the maximum find before and recommends his funds be spent on
repairing the fence.
Special Magistrate Garretson found the Respondent GUILTY and ordered him to pay fine in
the amount of$25.00, Operational Costs of$50.00 and a $5.00 Administrative Fee for a total
amount due of$80.00 by September 5, 2017. Mr. Badham to notify Domestic Animal Services
Staff when the yard is secured with the fence.
5. 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: 01132520004
VIOLATION ADDRESS:222 SWAIN STREET,NAPLES
Mr. Dejesus, owner and Christine Ammerman, Everglades Community Church were
present.
Ms. Ammerman reported that the work is being done by volunteers and the roof has been
repaired with the windows being the remaining issue. She requested a 90 day continuance in the
case.
Investigator Athey represented the County and had no objection to the request.
Special Magistrate Garretson CONTINUED the Case until September 4, 2017.
VII. NEW BUSINESS
B. Motions for Imposition of Fines and Lien:
1. CASE NO: CEPM20160014886
OWNER: FEDERAL NATIONAL MORTGAGE ASSN
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
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May 5, 2017
Lagerd Molina,Attorney for the Respondent was present and reported the property was
subject to foreclosure with the judgment being entered March 9, 2017,the title issued 3/21/17,
the violation abated 3/23/17 and any fees due the County being paid by April 13, 2017. She
requested the fines be waived.
Investigator Athey represented the County and had no objection to request.
Discussion occurred with Special Magistrate Garretson noting the case initiated in 2010 and
expressed concern the Respondent was non responsive to requests to appear for the case until
today.
Ms. Molina reported there was continual activity on the property and the foreclosure was a long
process.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
the County's Motion for Imposition of Fines imposing a Fine of$500.00 and Operational
Costs in the amount of$115.18 for a total amount due of$615.18. Said amount to become a
lien on the property.
3. CASE NO: CEPM20160010488
OWNER: RONALD ABEL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(5), SECTION 22-231(11), SECTION 22-231(12)(C), SECTION 22-
231(12)(N), SECTION 22-231(13),AND SECTION 22-231(15). POOL WATER IS GREEN IN
COLOR, SCREENS ON POOL CAGE ARE TORN/RIPPED,EXPOSED ELECTRICAL
WIRES,ROOF SOFFIT DAMAGE,KITCHEN APPLIANCES THAT DO NOT WORK AND
THERE ARE APPROXIMATELY NINE UNRELATED ADULTS LIVING IN THIS SINGLE
FAMILY HOME.
FOLIO NO: 35780080001
VIOLATION ADDRESS:2172 41ST TERRACE SW,NAPLES
Investigator Connetta represented the County.
Mr. Abel was present and testified:
• The only remaining item to be abated is the screen on the roof of the pool cage.
• He has constructed the necessary staging to access the area however has not replaced the
screening.
• Only 3 unrelated persons are currently occupying the premise.
• He requested an additional 30 days to abate the violation.
Mr. Connetta did not object to the request.
Mr. Letourneau did not object to the request but requested Mr. Abel provides proof that no
more than 4 unrelated persons are occupying the residence.
Special Magistrate Garretson CONTINUED the Case until June 2, 2017.
4. 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
6
May 5, 2017
VIOLATION ADDRESS: 11342 TAMIAMI TRAIL EAST,NAPLES
Kris Tylinski was present and testified:
• He acquired the property to open a flower and ceramic pot business.
• He purchased the pots in bulk from a business that was closing and is storing them on site
while he obtains permits and constructs a building.
• A site plan previously prepared was required to be amended as the building proposed was
too large for the site and related improvements.
• An amended plan has been prepared for submission to the County and he anticipates the
prefabricated building will be constructed by September of 2017.
• He has secured the property with fencing and mows the grass on site.
• Since the previous hearing, he has organized the site and consolidated the location of the
pots.
• He forgot to pay the previously assessed Operational Costs, but can rectify the error.
Investigator Balzano represented the County.
Evidence Entered: Composite Exhibit 1: 6 photos of the property.
Investigator Balzano testified:
The hearing was held on December 2, 2016 and the Respondent was given 120 days to abate the
violation and to date the violation has not been abated.
Manager Letourneau reported neighbors have been complaining on the activity.
Mr. Tylinski reported that the complaints stem from persons who were using the site as an
access point to a pond in the rear for fishing purposes, but can no longer do so because of the
fencing securing the property.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
Continued the case until July 5, 2017, however the fines will continue to accrue.
VIII. PUBLIC HEARINGS (Continued)
8. CASE NO: CEPM20170003025
OWNER: SIMON WONG
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19).MOLD IN DWELLING.
FOLIO NO: 31156005724
VIOLATION ADDRESS: 1240 WILDWOOD LAKES BLVD,UNIT 106,NAPLES
Date of Hearing Notice by Certified Mail: 4/18/17
Date of Hearing Notice Property/Courthouse Posting: 4/18/17
Investigator Athey presented the case.
The Respondents were not present.
Evidence entered:
Exhibit A: Radon sampling dated 2/27/17 from Radon& Mold
Professionals
Composite Exhibit B: 6 photos dated 2/23/17
Exhibit C: Aerial photo of property
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May 5, 2017
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 June 5, 2017.
2. Hire a licensed mold specialist to remediate any mold from the unit and provide a
Certificate of Mold analysis by May 12, 2017 or a fine of$250.00 per day will be imposed
for each day the violation remains 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 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
9. CASE NO: CEV20170002645
OWNER: ELLA III LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95.UNLICENSED/INOPERABLE VEHICLE PARKED ON THE PROPERTY.
FOLIO NO: 00133480005
VIOLATION ADDRESS:459 SOUTH 8TH STREET,IMMOKALEE
Date of Hearing Notice by Certified Mail: 4/18/17
Date of Hearing Notice Property/Courthouse Posting: 4/18/17
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 2/15/17
Exhibit B: 4/10/17
Exhibit C: 5/4/17
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by
June 5, 2017.
2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle
not stored within the confines of a completely enclosed structure, or store said vehicles
within a completely enclosed structure or repair defects so the vehicle(s) is immediately
operable or remove offending vehicles from residentially zoned area by May 12, 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 Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.18
B. Emergency Cases:
8
May 5, 2017
None
IX. NEW BUSINESS (Continued)
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien:
2. 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
Date of Hearing Notice by Certified Mail: 4/18/17
Date of Hearing Notice Property/Courthouse Posting: 4/18/17; 4/20/17
The Respondents were not present.
Supervisor Perez presented the case noting the violation has been abated in accordance with the
Order. One day lapsed as the Respondent called in an inspection request on 4/3/17, however it
could not be inspected until the following day.
Abatement Date: 4/4/17
Special Magistrate Order: No. 12/2/16 OR 5343 Page: 892
Fine Amount: $200.00/day
Duration: 4/3/17 —4/4/17 (1 day)
Total Fine Amount: $200.00
Unpaid Operational Costs: $115.03
Total to Date: $315.03
Finding the Notice of Hearing was properly served, Special Magistrate Garretson DENIED
the County's Motion for Imposition of Fines.
X. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
B. Motions to Rescind Previously Issued Order:
1. DAS20689-CEEX20170001752
OWNER: Natalie Porter
Dan Grossi, Domestic Animal Services,requested the previously issued order in the case be
rescinded as the Citations cited the wrong address and have been rescinded.
Special Magistrate Garretson GRANTED the County's Motion to Rescind the Previously
Issued Order.
XI. CONSENT AGENDA
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May 5, 2017
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.
XII. REPORTS
None
XIII. NEXT MEETING DATE: June 2, 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
/ ' \A„..„..D.717
/ .---4i,
Brenda Garretson,Special Magistrate
The Minutes were approved by the Special Magistrate on d (Y , as presented ` ", or
as amended .
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