CESM Minutes 08/04/2017 August 4, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 4, 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: Michael Ossorio, Director, Code Enforcement
Kerry Adams, Code Enforcement Specialist
Jeff Letourneau, Manager of Investigations
Danny Blanco, Administrative Secretary
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HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: August 4,2017 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—June 2,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: SO183132-CEEX20170009545
OWNER: RICHARD SARASA
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66(1)(H)
FIRE LANE
VIOLATION
ADDRESS: WAL MART,3451 TAMIAMI TRAIL,NAPLES
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2. CASE NO: PR050835-CEEX20170009761
OWNER: RICK SANDERS
OFFICER: PARK RANGER CAROL BUCKLER
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-55
FAILURE TO DISPLAY A PAID PARKING RECEIPT.
VIOLATION
ADDRESS: SOUTH MARCO ACCESS,MARCO ISLAND
3. CASE NO: PR058030-CEEX20170008910
OWNER: AMY NILOFF
OFFICER: PARK RANGER JIMMY ALANIZ
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-55
FAILURE TO DISPLAY PAID PARKING RECEIPT OR A VALID BEACH PERMIT.
VIOLATION
ADDRESS: BAREFOOT ACCESS,NAPLES
4. CASE NO: PU5385-CEEX20170011649
OWNER: AN TRINH AND MARIA NGUYEN
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-64
SHOPPING CART,TEN COUCH CUSHIONS,AND GUITAR ON THE GROUND OUTSIDE
OF DUMPSTER ENCLOSURE AREA.BAGS OF OPEN GARBAGE,FOOD,BOTTLES,
USED BABY DIAPERS ON GROUND INSIDE DUMPSTER ENCLOSURE AREA.FLIES
AND FOUL SMELL PRESENT.
FOLIO NO: 35748080001
VIOLATION
ADDRESS: 1962 46TH TER SW,NAPLES
5. CASE NO: PU5502-CEEX20170010471
OWNER: MINTO COMMUNITIES LLC
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 134-62,SECTION 1.9.
WATER HOSE CONNECTED TO REAR LEG OF RPZ.UNDER NO CIRCUMSTANCES
SHALL ANY PERSON OTHER THAN A COUNTY EMPLOYEE OPERATE VALVES,
MAKE SERVICE TAPS,OR OTHERWISE TAMPER WITH COUNTY DISTRIBUTION
SYSTEM.
FOLIO NO: 78541807228
VIOLATION
ADDRESS: 1272 DUNDEE LN,LOT 37,NAPLES
6. CASE NO: PU5177-CEEX20170010366
OWNER: TUSCAN ISLE COMMUNITY LTD
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)(D)
BAGS OF SOLID WASTE TRASH ON THE GROUND SURROUNDING COMPACTOR
AREA.FOOD ITEMS,BOTTLES,CANS,ETC.ON GROUND IN SAME AREA.BULK
ITEMS SUCH AS A TABLE,LARGE CARDBOARD BOX,AND SHOPPING CARTS IN
COMPACTOR AREA.
FOLIO NO: 00296840003
VIOLATION
ADDRESS: 8650 WEIR DRIVE,NAPLES
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7. CASE NO: DAS22521-CEEX20170009348
OWNER: JAYNE RICE
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG WITNESSED IN ROADWAY.
VIOLATION
ADDRESS: WESTPORT LANE,NAPLES
8. CASE NO: DAS22523-CEEX20170009349
OWNER: JAYNE RICE
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG WITNESSED IN ROADWAY.
VIOLATION
ADDRESS: WESTPORT LANE,NAPLES
9. CASE NO: DAS21383-CEEX20170011935
OWNER: RICHARD ORTEGA
OFFICER: ALBERTO RIVERA
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-36(3)(D)
FAILURE TO RENEW DANGEROUS DOG REGISTRATION.FIFTH OFFENSE.
VIOLATION
ADDRESS: 2110 21ST STREET SW,NAPLES
10. CASE NO: CELU20170007160
OWNER: VANDERBILT NAPLES HOLDINGS LLC
OFFICER: INVESTIGATOR JON HOAGBOON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS
10.02.03, 10.02.06(B)(1)(A),AND 1.04.01(A).UNAUTHORIZED OUTDOOR SEATING.
FOLIO NO: 79122440003
VIOLATION
ADDRESS: 9020 GULF SHORE DRIVE,NAPLES
11. CASE NO: CEPM20170007818
OWNER: TARPON W LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C)AND 22-231(12)(B).VACANT DWELLING WITH ROOF DAMAGE
ALONG WITH EXTERIOR WALL DAMAGE.
FOLIO NO: 65070800000
VIOLATION
ADDRESS: 616 PALMETTO AVENUE,IMMOKALEE
12. CASE NO: CEAU20160006890
OWNER: THOMAS J.AVERY AND JOANN D.AVERY
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A),(E),AND(I). STRUCTURE ON PROPERTY WITH NO COLLIER
COUNTY BUILDING PERMITS OBTAINED.
FOLIO NO: 41886440005
VIOLATION
ADDRESS: 5771 BUR OAKS LANE,NAPLES
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13. CASE NO: CEPM20170009035
OWNER: UV CITE II LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C),SECTION 22-231(12)(N),AND SECTION 22-231(15).VACANT
DWELLING WITH POOL WATER VIOLATION,TORN/RIPPED SCREENS ON POOL
ENCLOSURE AND DAMAGED ROOF SOFFIT.
FOLIO NO: 80445301559
VIOLATION
ADDRESS: 7710 SANTA MARGHERITA WAY,NAPLES
14. CASE NO: CESD20170001945
OWNER: PELICAN RIDGE OF NAPLES ASSOCIATION INC.
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A), 10.02.06(B)(1)(E),AND 10.02.06(B)(1)(E)(I). REPLACED RAILROAD
TIE RETAINING WALL WITH BRICK PAVER RETAINING WALL WITHOUT
OBTAINING REQUIRED COLLIER COUNTY PERMITS.
FOLIO NO: 67390720004
VIOLATION
ADDRESS: 800 MEADOWLAND DRIVE,BUILDINGS 23 AND 24,NAPLES
15. CASE NO: CEPM20170007030
OWNER: TBW MNGMT BACKED TRUST
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N),SECTION 22-231(15),AND SECTION 22-242.VACANT
UNSECURED DWELLING WITH POOL WATER VIOLATION AND RIPPED/TORN
SCREENS ON POOL ENCLOSURE.
FOLIO NO: 80445016501
VIOLATION
ADDRESS: 2022 LAGUNA WAY,NAPLES
16. CASE NO: CENA20170007225
OWNER: DAKY INC.
OFFICER: INVESTIGATOR COLLEEN DAVIDSON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-181.LITTER CONSISTING OF BUT NOT LIMITED TO SODA CANS,
STYROFOAM,PLASTIC BAGS,FOOD CONTAINERS,ETC.
FOLIO NO: 388760004
VIOLATION
ADDRESS: 2265 TAMIAMI TRAIL E,NAPLES
B. Emergency Cases:
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VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
1. 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
B. Motions for Imposition of Fines and Lien:
1. 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
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: 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
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4. 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
5. CASE NO: CEV20160017996
OWNER: RAYMUND T.TREJO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-95. INOPERABLE VEHICLE WITH EXPIRED TAGS.
FOLIO NO: 62090440003
VIOLATION
ADDRESS: 5213 CARLTON STREET,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: September 1, 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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August 4, 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 9:00 A.M.
All those testifying at the proceeding did so under oath.
A. Hearing rules and regulations
Prior to conducting the Hearing, Respondents have opportunity to speak with their Investigating
Officers for a Resolution by Stipulation. The goal is to obtain compliance without being
punitive.
Recessed: 9:15 a.m.
Reconvened: 9:45 a.m.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item V.B —Hearings, the following case was moved to V.0 —Motion for Continuance:
• #6-CASE NO: PU5177-CEEX20170010366 -TUSCAN ISLE COMMUNITY LTD.
Under Item V.B-Hearings, the following cases were moved to V.A—Stipulations:
• #10- CASE NO: CELU20170007160-VANDERBILT NAPLES HOLDINGS LLC,
• #14-CASE NO: CESD20170001945 -PELICAN RIDGE OF NAPLES ASSOCIATION INC.
Under Item V.B —Hearings, the following cases were withdrawn:
• #2-CASE NO: PR050835-CEEX20170009761 -RICK SANDERS
• #3 -CASE NO: PR058030-CEEX20170008910-AMY NILOFF
• #13 -CASE NO: CEPM20170009035 -UV CITE II LLC
• #15 -CASE NO: CEPM20170007030-TBW MNGMT BACKED TRUST
• #16-CASE NO: CENA20170007225 - DAKY INC.
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• # 5 -CASE NO: CEV20160017996- RAYMUND T.TREJO
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—June 2,2017
The minutes of the June 2, 2017 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV.MOTIONS
A. Motions for Continuance
1. CASE NO: PU5177-CEEX20170010366
OWNER: TUSCAN ISLE COMMUNITY LTD
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)(D)
BAGS OF SOLID WASTE TRASH ON THE GROUND SURROUNDING COMPACTOR
AREA. FOOD ITEMS,BOTTLES, CANS,ETC.ON GROUND IN SAME AREA.BULK
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August 4, 2017
ITEMS SUCH AS A TABLE,LARGE CARDBOARD BOX,AND SHOPPING CARTS IN
COMPACTOR AREA.
FOLIO NO: 00296840003
VIOLATION ADDRESS: 8650 WEIR DRIVE,NAPLES
Investigator Goldsboro and Sanchez represented the County.
Brad Bartlett,Assets Manager represented Tuscan Isle Community, LTD and testified:
• The problem has been identified and is due to tenants not closing the door properly on
the compactor so it will not operate as intended.
• They will be installing an automatic shutting gate to rectify the issue.
• He requested a continuance to address the problem.
Investigator Goldsboro noted the problem dates back to 2010 and citations issued in May 2017
opposed continuing the case.
Mr. Bartlett noted:
• The company acquired the property in 2014 when 70 percent of the dwelling units were
uninhabitable.
• They have invested over $1M in the site and Mr. Bartlett was recently hired as Assets
Manager for the organization.
• In addition, a new Regional Manager and Property Manager have been hired; the
company was not aware of the issues during the tenure of the previous employees
responsible for the site.
• They intend to address the problem in a timely manner and had attempted to contact
Investigator Smith, but had not had a return call.
Investigator Sanchez reported Investigator Smith was never assigned to the case.
The case was recessed at 9:15 a.m. while the parties met to discuss the alleged violation.
The case was reconvened at 10:12 am.
The parties reported they have agreed to a stipulation.
The Stipulation was entered into by Respondent's representative Brad Bartlett on August 4, 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
September 4, 2017.
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: $555.00 to be paid by September 4, 2017.
Special Magistrate Garretson requested Mr. Bartlett provide a letter to staff verifying he has
the authority to represent Tuscan Isle Community LTD in the case.
B. Motions for Extension of Time
None
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August 4, 2017
V. STIPULATIONS
1. CASE NO: CELU20170007160
OWNER: VANDERBILT NAPLES HOLDINGS LLC
OFFICER: INVESTIGATOR JON HOAGBOON
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS
10.02.03, 10.02.06(B)(1)(A),AND 1.04.01(A).UNAUTHORIZED OUTDOOR SEATING.
FOLIO NO: 79122440003
VIOLATION ADDRESS:9020 GULF SHORE DRIVE,NAPLES
Investigator Short requested the Hearing.
The Stipulation was entered into by Respondent's representative Keith Gelder August 2, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case
by September 4, 2017.
2 Cease all unauthorized seating use by removing all unauthorized seating from the
property and Collier County Right-of-Way: specifically 6 picnic tables located on the
western aspect of the property. All unauthorized seating must be removed by October 4,
2017 or a civil penalty of$250.00 fine per day will be imposed for each day the violation is
observed.
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: $115.10
2. CASE NO: CESD20170001945
OWNER: PELICAN RIDGE OF NAPLES ASSOCIATION INC.
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A), 10.02.06(B)(1)(E),AND 10.02.06(B)(1)(E)(I). REPLACED RAILROAD
TIE RETAINING WALL WITH BRICK PAVER RETAINING WALL WITHOUT
OBTAINING REQUIRED COLLIER COUNTY PERMITS.
FOLIO NO: 67390720004
VIOLATION ADDRESS: 800 MEADOWLAND DRIVE,BUILDINGS 23 AND 24,NAPLES
Investigator McGonagle requested the Hearing.
The Stipulation was entered into by Respondent's representative Therese Wagner August 4, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.40 incurred in the prosecution of the case
by September 4, 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 October 4, 2017or a fine of$50.00 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
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August 4, 2017
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.40
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: S0183132-CEEX20170009545
OWNER: RICHARD SARASA
OFFICER: DEPUTY ALLEN
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66(1)(H)
FIRE LANE
VIOLATION ADDRESS: WAL MART,3451 TAMIAMI TRAIL,NAPLES
Deputy Allen was present.
Richard Sarasa was present,
Special Magistrate Garretson disclosed she was an acquaintance of Deputy Allen and offered
Mr. Sarasa the opportunity to continue the case.
Mr. Sarasa did not object to the case moving forward and testified:
On 5/15/17 he was issued a Citation by the Deputy while sitting in his vehicle occupying a fire
lane waiting to pick up a passenger.
He requested the Citation be dismissed on 3 grounds:
1. The Citation is defective as at the time of issuance as it does not cite the offense.
2. The Citation was tampered with as the address of the alleged offense was added after the
ticket was issued and not shown on the original copy.
3. He was not parked in the restricted area, but sitting in his car with the motor running.
Deputy Allen testified he was nervous given the demeanor Mr. Sarasa and had to call for"back
up" and did not finish filling out the Citation until after it was issued to Mr. Sarasa. No
passenger arrived at the vehicle for the 4—5 minutes while Mr. Sarasa was occupying the
restricted area.
Special Magistrate Garretson, after hearing the testimony and reviewing the Citation
DISMISSED the Citation on the grounds the original copy issued does not list the alleged
offense Mr. Sarasa was charged with.
4. CASE NO: PU5385-CEEX20170011649
OWNER: AN TRINH AND MARIA NGUYEN
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-64
SHOPPING CART,TEN COUCH CUSHIONS,AND GUITAR ON THE GROUND OUTSIDE
OF DUMPSTER ENCLOSURE AREA.BAGS OF OPEN GARBAGE,FOOD,BOTTLES,
USED BABY DIAPERS ON GROUND INSIDE DUMPSTER ENCLOSURE AREA. FLIES
AND FOUL SMELL PRESENT.
FOLIO NO: 35748080001
VIOLATION ADDRESS: 1962 46TH TER SW,NAPLES
Investigator Goldsboro represented the County.
Evidence Entered: Composite Exhibit A: 4 photos dated 7/3/17
Composite Exhibit B: 2 photos dated 7/6/17
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August 4, 2017
Composite Exhibit C: 2 photos dated 6/23/17
Composite Exhibit D: 3 photos dated 5/10/17
She testified the issue has been ongoing with previous citations issued and educational
activities undertaken but the violations persist.
An Trinh was present and testified:
• He paid the charges associated with the Citation issued on 5/10/17.
• He recently spent $2,000 - $3,000 to build an enclosure wall and gate as required by the
County and experienced some delays in completion due to contractor issues.
• The construction activity interfered with his ability to keep the area clean.
• He now has persons available to police the property and dumpster area on a daily basis.
• Another problem is there is only one dumpster on site and unknown parties, potentially
from off site, dump refuse, furniture, etc. at the location further exacerbating the
situation.
• He does have security cameras to aid in identifying illegal dumping, however it is
difficult to obtain the license plate numbers from the perpetrators.
Investigator Goldsboro noted she visited the area last week and it was clean however the
County is seeking greater due diligence and consistency by the owner in addressing the
problem.
After hearing the testimony and reviewing the evidence, 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
October 4, 2017.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$250.00. .
4. Respondent is further ordered to have no excessive accumulation of garbage on the
property on or before August 9, 2017 or a fine of$250.00 per day will be imposed for each
day the violation remains thereafter.
Total Amount Due: $255.00 to be paid by October 4, 2017.
5. CASE NO: PU5502-CEEX20170010471
OWNER: MINTO COMMUNITIES LLC
OFFICER: INVESTIGATOR THOMAS KEEGAN
VIOLATIONS: CODE OF LAWS&ORDINANCES CHAPTER 134-62,SECTION 1.9.
WATER HOSE CONNECTED TO REAR LEG OF RPZ.UNDER NO CIRCUMSTANCES
SHALL ANY PERSON OTHER THAN A COUNTY EMPLOYEE OPERATE VALVES,
MAKE SERVICE TAPS,OR OTHERWISE TAMPER WITH COUNTY DISTRIBUTION
SYSTEM.
FOLIO NO: 78541807228
VIOLATION ADDRESS: 1272 DUNDEE LN,LOT 37,NAPLES
Investigator Sanchez represented the County.
Jessica Erenbaum, Attorney and James Ascetta, Minto Communities LLC represented the
Respondent.
Ms. Erenbaum objected to the case being heard as Investigator Sanchez was not on site to
witness the alleged violation and did not take the photographs to be presented in the case.
Special Magistrate Garretson stated should take the concern into account.
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August 4, 2017
Investigator Sanchez reported Investigator Keegan responded to the complaint on 6/15/17 and
found a water hose connected to a safety device without the consent of the County.
He provided 8 photos depicting the alleged violation to be entered into evidence.
Ms. Erenbaum objected to the photos being entered into evidence as there is no date on the
photos and Investigator Sanchez was not present when the photos were taken.
Investigator Sanchez stated Mr. Keegan was not available today as he is on medical leave
however John Nichols took the photos and could be made available for a hearing.
Ms. Erenbaum objected to continuing the hearing, as the County had ample time to prepare the
case and to ensure the proper personnel were present and she traveled from Miami at the client's
expense. The County has not fulfilled their burden in proving their case.
Special Magistrate Garretson noted the forum is a "quasi judicial" setting and not subject to
the same rules and procedures as a judicial proceeding.
She allowed the 8 photographs into evidence and Investigator Sanchez to present the case.
Ms. Erenbaum and Mr. Ascetta reported the Respondent was assessed fines and costs of
$10,000 at a previous hearing. They were not present as they discovered there was a hearing
after the fact. Subsequently, policies have been instituted to prevent the unauthorized activity
from occurring again.
Investigator Sanchez noted the notices from the previous hearing were sent to the address filed
in the County records.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation and ordered to pay Operational Costs in
the amount of$50.00 in Operational Costs,pay an Administrative Fee of$5.00 and a fine of
$1,000.00. Total amount due of$1,055.00 to be paid by September 4, 2017.
Break: 10:51 a.m.
Reconvened: 11:00a.m.
7. CASE NO: DAS22521-CEEX20170009348
OWNER: JAYNE RICE
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG WITNESSED IN ROADWAY.
VIOLATION ADDRESS: WESTPORT LANE,NAPLES
Cases 7 and 8 were combined.
8. CASE NO: DAS22523-CEEX20170009349
OWNER: JAYNE RICE
OFFICER: HANNAH MCQUEEN
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-34(1)(B)
DOG WITNESSED IN ROADWAY.
VIOLATION ADDRESS:WESTPORT LANE,NAPLES
Officer McQueen represented the County.
Evidence Entered: Exhibit A: 1 photo of dogs in the street
Jayne and Timothy Rice were present and Mr. Rice testified:
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August 4, 2017
• During one of the incidents in question, the dogs followed him to the mailbox and
briefly traversed off the property and returned to the house with him.
• He acknowledged he also walks his dogs periodically off leash with no issues over a
long period of time.
• He has lived on the property for 17 years undertaking the same daily practices with no
complaints.
• The issue has recently been raised by a new neighbor who regularly takes photos and
videos of events and notifies Domestic Animal Services of the infractions.
• He has installed a new fence and gate and no longer walks his dogs off site.
• They are willing to pay the fine, however approached Commissioner Saunders on the
issue who advised them to request a hearing on the case.
Officer McQueen reported she was made aware of the issue by the neighbor and on at least one
occasion witnessed the dogs in the street as depicted in Exhibit A. There was a previous
complaint filed in 2006 and the neighbor in question has recently filed affidavits with the
County regarding the alleged violations of the Ordinance.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to pay an Administrative Fee of$7.00 and a fine of$100.00 for each case. Total
amount due of$214.00 to be paid by September 4, 2017.
9. CASE NO: DAS21383-CEEX20170011935
OWNER: RICHARD ORTEGA
OFFICER: ALBERTO RIVERA
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 14-36(3)(D)
FAILURE TO RENEW DANGEROUS DOG REGISTRATION.FIFTH OFFENSE.
VIOLATION ADDRESS:2110 21ST STREET SW,NAPLES
Supervisor Grossi represented the County.
Richard Ortega was present and testified the dog was declared a Dangerous Dog in 2008 and
asked if the case could be reheard as he was not aware of the hearing at the time and could not
appeal. He paid the previous fines issued that resulted from a non-registration.
Supervisor Grossi testified in 2014 the dog was not registered as required and fines accrued in
the amount of$2,335. The current registration expired on March 14, 2017 and has not been
renewed.
Mr. Ortega stated he thought the issue was resolved and the Dangerous Dog determination
dismissed at a previous hearing.
Supervisor Grossi reported a prior case involving the dog running at large was dismissed, not
the Dangerous Dog determination.
Special Magistrate Garretson noted the Dangerous Dog case may not be reheard and the
determination was never vacated by the County.
Special Magistrate Garretson CONTINUED the case until the October hearing to allow Mr.
Ortega time to register his dog as required. The registration date to be changed to October
providing he complies with the Ordinance and completes the registration.
12. CASE NO: CEAU20160006890
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August 4, 2017
OWNER: THOMAS J.AVERY AND JOANN D.AVERY
OFFICER: INVESTIGATOR DEE PULSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A),(E),AND(I). STRUCTURE ON PROPERTY WITH NO COLLIER
COUNTY BUILDING PERMITS OBTAINED.
FOLIO NO: 41886440005
VIOLATION ADDRESS:5771 BUR OAKS LANE,NAPLES
Investigator Pulse represented the County.
County Evidence Entered: Exhibit A: 1 photo dated 4/7/17
Composite Exhibit B, C and D: 2012, 2013 and 2016 aerial
photos of the property.
Investigator Pulse reported the structure in question was built in 2013 following the installation
of a permitted water system and violates the setback requirements for the area.
Thomas and Joann Avery were present and testified:
• They obtained a permit to relocate their water system to its current location.
• A separate part of the project included building a structure to protect the components
from the weather.
• When they applied for the permit for the structure, they were notified by a County
official the structure would not meet the setback requirements and could not be
permitted.
• The County official told him he had two options, apply for a variance, or construct the
enclosure without a permit.
• They chose to construct the structure and the issue has arisen due to a complaint by a
neighbor.
Special Magistrate Garretson 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 September 4, 2017.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion
by February 4, 2018 or a fine of$100.00 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
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
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-
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August 4, 2017
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 presented the case noting the violation has been abated and the
Operational Costs paid.
Ronald Abel was present.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
3. CASE NO: CELU20160015851
OWNER: TYLINSKI PROPERTIES LLC
OFFICER: INVESTIGATOR FRANK BALZANO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
1.04.01(A)AND 2.02.03. ILLEGAL OUTSIDE STORAGE CONSISTING OF BUT NOT
LIMITED TO DECORATIVE TYPE CLAY/LANDSCAPE POTS,CONSTRUCTION
MATERIAL, WOODEN PALLETS,AND OTHER VARIOUS TYPES OF LOOSE
MATERIALS.
FOLIO NO: 60782160004
VIOLATION ADDRESS: 11342 TAMIAMI TRAIL EAST,NAPLES
Investigator Balzano represented the County and noted fines are accruing as the violation has
not been abated although Mr. Tylinski has been making progress over time removing the clay
pots on site.
Kris Tylinski represented the Respondent as Secretary of the Corporation and testified:
• He is temporarily storing the pots on site as he intends to open a business at the location.
• He has been investigating options to temporarily store the pots in alternative locations
and moved some of them off site.
• He has applied for the building permit with the first review completed by County staff.
• The plans have been revised to address staff comments and are ready to be resubmitted.
• The "pre fab"building proposed can be completed within 60 days after initiation of
construction.
• The area is currently fenced off with fabric attached which blocks the view into the site.
• He periodically re-attaches the fabric after storm events (if necessary).
Special Magistrate Garretson requested Mr. Tylinski to continue to move the pots off site and
CONTINUED the case with Staff returning it to the docket when necessary.
VIII. PUBLIC HEARINGS (Continued)
A. Hearings
11. CASE NO: CEPM20170007818
OWNER: TARPON IV LLC
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(C)AND 22-231(12)(B).VACANT DWELLING WITH ROOF
DAMAGE ALONG WITH EXTERIOR WALL DAMAGE.
FOLIO NO: 65070800000
VIOLATION ADDRESS:616 PALMETTO AVENUE,IMMOKALEE
Date of Hearing Notice by Certified Mail: 7/19/17
Date of Hearing Notice Property/Courthouse Posting: 7/19/17
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August 4, 2017
Investigator Connetta represented the County.
The Respondents were not present.
County Evidence Entered: Composite Exhibit A: 2 photos dated 6/13/17
Composite Exhibit B: 2 photos dated 8/2/17.
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 September 4, 2017.
2. Abate all violations by repairing the roof and repairing the exterior wall damage and
obtaining all required Collier County Building Permits or Demolition Permit, inspections,
and Certificate of Completion/Occupancy by September 4, 2017 or a fine of$100.00 per
day will be imposed until the violation has been abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.48
B. Emergency Cases:
None
IX. NEW BUSINESS
B. Motions for Reduction/Abatement of Fines:
1. 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
Mr. Wong submitted a request in writing for abatement of the fines.
Investigator Athey did not object to the request as the violation has been abated.
Special Magistrate Garretson GRANTED Mr. Wongs request and DENIED the County's
Motion for Imposition of Fines requested under Item IX.C.1.
C. Motions for Imposition of Fines and Lien: (Continued)
1. 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
This case was heard under Item IX.B.1.
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August 4, 2017
4. 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
Date of Hearing Notice by Certified Mail: 7/18/17
Date of Hearing Notice Property/Courthouse Posting: 7/18/17
The Respondents were not present.
Investigator Connetta presented the case noting the violation has been abated, however not in
the prescribed time frame and the Operational Costs have not been paid.
Abatement Date: 8/3/17
Special Magistrate Order: 5/5/17 No. 5396 Page: 136
Fine Amount: $50.00/day
Duration: 5/13/17 - 8/3/17 (83 days)
Total Fine Amount: $4,150.00
Unpaid Operational Costs: $230.06
Total to Date: $4,380.06
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$4,380.06. Said
amount to become a lien on the property.
X. OLD BUSINESS
A. Motions to Amend Previously Issued Order:
None
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.
XII. REPORTS
None
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August 4, 2017
XIII. NEXT MEETING DATE: September 1, 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 12:30 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
da Ga n, Special Magistrate
The Minutes were approved by the Special Magistrate on 4 \ , a4Dtri , as presented 7 ,
or as amended .
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