CESM Minutes 09/01/2017 September 1, 2017
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 1, 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 Investigations
Danny Blanco, Administrative Secretary
HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE
AGENDA
DATE: September 1,2017 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—August 4,2017
IV. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. Hearings
1. CASE NO: S0184443-CEEX20170011618
OWNER: WEST PENN APPRAISERS INC.
OFFICER: DEPUTY MIRONOV
VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67
HANDICAPPED SPACE
VIOLATION
ADDRESS: LOWES, 12730 TAMIAMI TRAIL,NAPLES
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2. CASE NO: PU5150-CEEX20170013070
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)
PUTRESCIBLE WASTE OUTSIDE OF TRASH COMPACTOR CONSISTING OF GARBAGE
AND OTHER MISCELLANEOUS ITEMS ON GROUND OUTSIDE OF DUMPSTER
ENCLOSURE.
FOLIO NO: 00439840006
VIOLATION
ADDRESS: 11409 WHISTLERS COVE CIRCLE,NAPLES
3. CASE NO: PU5151-CEEX20170013292
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)
GARBAGE REMAINS ON THE GROUND.NO IMMEDIATE ACTION OBSERVED IN
ABATING THIS VIOLATION.
FOLIO NO: 00439840006
VIOLATION
ADDRESS: 11409 WHISTLERS COVE CIRCLE,NAPLES
4. CASE NO: PU5386-CEEX20170013164
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 134-174(N)
ILLEGAL CONNECTION TO THE SERVICE FLUSHING UNIT AT THE ESPLANADE
GOLF AND COUNTRY CLUB,DILILLO PARCEL COMMON AREA.
FOLIO NO: 31347562063
ADDRESS: ESPLANADE GOLF&COUNTRY CLUB OF NAPLES,DILILLO PARCEL,NAPLES
5. CASE NO: PU5387-CEEX20170013168
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 134-174(Q)
ILLEGAL CONNECTION RESULTING IN WATER THEFT AT UNMETERED SERVICE
FLUSHING UNIT LOCATED ON THE ESPLANADE GOLF AND COUNTRY CLUB,
DILILLO PARCEL COMMON AREA.
FOLIO NO: 31347562063
ADDRESS: ESPLANADE GOLF&COUNTRY CLUB OF NAPLES,DILILLO PARCEL,NAPLES
6. CASE NO: CEPM20170001275
OWNER: WIDAD O.SABB REV TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(19),22-231(12)(I),22-231(2),AND 22-231(20).WATER LEAK IN
BATHROOM SINK.ELECTRICAL OUTLETS IN DISREPAIR.BROKEN WINDOW.NO
SMOKE DETECTORS IN DWELLING.
FOLIO NO: 83141920008
VIOLATION
ADDRESS: 3451 COUNTY BARN RD,UNIT 102,NAPLES
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7. CASE NO: CEPM20170007266
OWNER: RICHARD J.AGAR
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(15)AND 22-231(12)(C).POOL THAT IS GREEN, STAGNANT,AND NOT
PROPERLY MAINTAINED AND A DAMAGED FASCIA.
FOLIO NO: 55200720009
VIOLATION
ADDRESS: 171 MUIRFIELD CIRCLE,NAPLES
8. CASE NO: CEPM20170009036
OWNER: FREEMOUNT CAPITAL INC.
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(11),22-228(1),22-231(2),AND 22-231(1).EXPOSED WIRES,MISSING
KITCHEN CABINET DRAWERS,CONTINUOUSLY LEAKING SHOWER HEAD.
FOLIO NO: 35985960007
VIOLATION
ADDRESS: 2633 47TH TERRACE,NAPLES
9. CASE NO: CEAU20160011555
OWNER: SCHUMANN THEODAT AND JUDITH ANILUS
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: FLORIDA BUILDING CODE 5TH EDITION(2014),CHAPTER 1 SCOPE AND
ADMINISTRATION,PART 2,ADMINISTRATION AND ENFORCEMENT, SECTION 105
PERMITS, 105.1 REQUIRED.INSTALLED A VINYL AND CHAIN LINK FENCE ON THE
PROPERTY WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 48600002305
VIOLATION
ADDRESS: 12146 FULLER LANE,NAPLES
10. CASE NO: CEPM20160009816
OWNER: JOANNE NEBUS TRUST
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-241(1),22-231(12)(L),22-231(12)(I).BROKEN WINDOWS,SCREENS/DOORS
ON FRONT PORCH DAMAGED/MISSING,EXPIRED BOARDING CERTIFICATE.
FOLIO NO: 56150680104
VIOLATION
ADDRESS: 2032 PINELAND AVENUE,NAPLES
11. CASE NO: CEPM20170007778
OWNER: SIERRA MEADOWS PROPERTY INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-240(2)(A).MULTIPLE POT HOLES ON PRIVATE ROAD.
FOLIO NO: 73620100029
VIOLATION
ADDRESS: SIERRA MEADOWS BLVD,NAPLES
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12. CASE NO: CENA20170013436
OWNER: EVERGREEN TRUST
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A).WEEDS OVER 18 INCHES TALL THROUGHOUT THE PROPERTY
AND AROUND TREES,ELECTRICAL BOXES,AND FIRE HYDRANTS.
FOLIO NO: 54000160006
VIOLATION
ADDRESS: 4710 LAKEWOOD BLVD,NAPLES
13. CASE NO: CESD20160019077
OWNER: JACOB LEMLE PENNELL
OFFICER: INVESTIGATOR TONY ASARO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). SHED ERECTED ON THE PROPERTY WITHOUT OBTAINING A
COLLIER COUNTY BUILDING PERMIT.
FOLIO NO: 1214921408
VIOLATION
ADDRESS: 34 E.FLAMINGO DRIVE,EVERGLADES CITY
14. CASE NO: CEAU20160021105
OWNER: JOSEPH G.DEFRANCESCO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
5.03.02(F)(3).POORLY MAINTAINED/DILAPIDATED CHAIN-LINK FENCE
SURROUNDING THE PERIMETER OF IMPROVED UNOCCUPIED COMMERCIAL
PROPERTY.
FOLIO NO: 35833000006
VIOLATION
ADDRESS: 3930 GREEN BLVD,NAPLES
15. CASE NO: CEPM20170010377
OWNER: ANGELO B.CAMPANELLO AND DIANE M.CAMPANELLO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N)AND 22-231(12)(B).MISSING OR DAMAGED PLANKS FROM
THE WOODEN FENCE AND MOLD ON EXTERIOR WALLS.
FOLIO NO: 77210650008
VIOLATION
ADDRESS: 141 1ST STREET,NAPLES
16. CASE NO: CENA20170011622
OWNER: WAYNE RAY FINZER
OFFICER: INVESTIGATOR CHRIS HARMON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,
SECTION 54-185(A).GRASS/WEEDS IN EXCESS OF 18 INCHES IN HEIGHT ON A
MOWABLE LOT IN A RESIDENTIALLY ZONED DISTRICT.
FOLIO NO: 81731280008
VIOLATION
ADDRESS: 2675 STORTER AVENUE,NAPLES
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17. CASE NO: CESD20170003130
OWNER: RANDY HOLTON
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E)(I).PIGEON COOP BUILT IN THE REAR YARD
WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 62098320002
VIOLATION
ADDRESS: 5341 MARTIN STREET,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: CEPM20150010212
OWNER: ALEJANDRA BRITO EMBRIZ
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-229.OCCUPIED DWELLING DECLARED A DANGEROUS BUILDING BY
THE BUILDING INSPECTOR.
FOLIO NO: 63856040002
VIOLATION
ADDRESS: 612 JEFFERSON AVENUE W,IMMOKALEE
2. CASE NO: CEPM20160015272
OWNER: MELISSA NICOLE WILLIAMS
OFFICER: INVESTIGATOR STEVE ATHEY
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(P)AND 22-231(19). FLOORING,WALLS,AND CEILING IN
DISREPAIR.BROKEN/MISSING BATHROOM FIXTURES AND PLUMBING.KITCHEN
SINK PLUMBING IN DISREPAIR.
FOLIO NO: 01134800201
VIOLATION
ADDRESS: 246 SINGLETARY STREET,COPELAND
3. CASE NO: CENA20160015273
OWNER: MELISSA NICOLE WILLIAMS
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
4. CASE NO: CEV20160015274
OWNER: MELISSA NICOLE WILLIAMS
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
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: October 6,2017,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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September 1, 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.
CALL TO ORDER—Special Magistrate Brenda Garretson presiding
The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:15 A.M. All
those testifying at the proceeding did so under oath
A. Hearing rules and regulations
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: 9:18 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:
• #4-CASE NO: PU5386-CEEX20170013164-TAYLOR MORRISON ESPLANADE NAPLES LLC.
• #5 -CASE NO: PU5387-CEEX20170013168-TAYLOR MORRISON ESPLANADE NAPLES LLC.
• #9-CASE NO: CEAU20160011555-SCHUMANN THEODAT AND JUDITH ANILUS
Under Item V.B—Hearings, the following cases were withdrawn:
• #1 -CASE NO: SO184443-CEEX20170011618 -WEST PENN APPRAISERS INC.
• #6-CASE NO: CEPM20170001275-WIDAD O. SABB REV TRUST
• #7-CASE NO: CEPM20170007266-RICHARD J.AGAR
• #8 -CASE NO: CEPM20170009036- FREEMOUNT CAPITAL INC.
• #10-CASE NO: CEPM20160009816-JOANNE NEBUS TRUST
• #12-CASE NO: CENA20170013436-EVERGREEN TRUST
• #13 -CASE NO: CESD20160019077-JACOB LEMLE PENNELL
• #17-CASE NO: CESD20170003130-RANDY HOLTON
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #1 -CASE NO: CEPM20150010212-ALEJANDRA BRITO EMBRIZ
• #2-CASE NO: CEPM20160015272-MELISSA NICOLE WILLIAMS
• #3 -CASE NO: CENA20160015273-MELISSA NICOLE WILLIAMS
• #4-CASE NO: CEV20160015274-MELISSA NICOLE WILLIAMS
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES—August 4, 2017
The minutes of the August 4, 2017 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV. MOTIONS
A. Motions for Continuance
None
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September 1, 2017
B. Motions for Extension of Time
None
v. STIPULATIONS
1. CASE NO: PU5386-CEEX20170013164
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC.
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 134-174(N)
ILLEGAL CONNECTION TO THE SERVICE FLUSHING UNIT AT THE ESPLANADE
GOLF AND COUNTRY CLUB,DILILLO PARCEL COMMON AREA.
FOLIO NO: 31347562063
ADDRESS: ESPLANADE GOLF&COUNTRY CLUB OF NAPLES, DILILLO PARCEL,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Rebekah Norton on
September 1, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by October 1, 2017.
2. CASE NO: PU5387-CEEX20170013168
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: INVESTIGATOR ROBIN GOLDSBORO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 134-174(Q)
ILLEGAL CONNECTION RESULTING IN WATER THEFT AT UNMETERED SERVICE
FLUSHING UNIT LOCATED ON THE ESPLANADE GOLF AND COUNTRY CLUB,
DILILLO PARCEL COMMON AREA.
FOLIO NO: 31347562063
ADDRESS: ESPLANADE GOLF&COUNTRY CLUB OF NAPLES, DILILLO PARCEL,NAPLES
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent's representative Rebekah Norton on
September 1, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00.
4. Total Charges are $555.00 due by October 1, 2017.
3. CASE NO: CEAU20160011555
OWNER: SCHUMANN THEODAT AND JUDITH ANILUS
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: FLORIDA BUILDING CODE 5TH EDITION(2014), CHAPTER 1 SCOPE AND
ADMINISTRATION,PART 2,ADMINISTRATION AND ENFORCEMENT, SECTION 105
PERMITS, 105.1 REQUIRED. INSTALLED A VINYL AND CHAIN LINK FENCE ON THE
PROPERTY WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT.
FOLIO NO: 48600002305
VIOLATION ADDRESS: 12146 FULLER LANE,NAPLES
Investigator Musse requested the hearing.
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September 1, 2017
The Stipulation was entered into by the Schumann Theodat on September 1, 2017.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$115.03 incurred in the prosecution of the case
by November 1, 2017.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Demolition Permit(s), inspections and Certificate of Completion/Occupancy by November
1, 2017 or a fine of$100.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriffs Office to enforce
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $115.03
VI. PUBLIC HEARINGS
A. Hearings
15. CASE NO: CEPM20170010377
OWNER: ANGELO B.CAMPANELLO AND DIANE M.CAMPANELLO
OFFICER: INVESTIGATOR JONATHAN MUSSE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-231(12)(N)AND 22-231(12)(B). MISSING OR DAMAGED PLANKS FROM
THE WOODEN FENCE AND MOLD ON EXTERIOR WALLS.
FOLIO NO: 77210650008
VIOLATION ADDRESS: 141 1ST STREET,NAPLES
Date of Hearing Notice by Certified Mail: 8/17/17
Date of Hearing Notice Property/Courthouse Posting: 8/21/17
Investigator Musse presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 8 photos dated 8/30/17.
Investigator Musse testified the violation was issued on 6/22/17, an inspection occurred on
7/24/17 with no change in the condition of the fence or exterior walls and the violation remains
as of August 31, 2017.
David Fallato, adjacent landowner testified the fence is located along his properety line, is in
disrepair and a nusiance to yard mainteance and enjoyment of his property.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case
by October 1, 2017.
2. Must repair or replace damaged or missing wood planks for fence, or obtain all required
Collier County Demolition Permit(s) to remove said fence and request all related
inspections thru issuance of Certificate of Completion for the fence and remove mold
from exterior walls of dwelling by September 8, 2017 or $100.00 per day fine will be
imposed for each day the violation remains.
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September 1, 2017
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: $115.33
2. CASE NO: PU5150-CEEX20170013070
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)
PUTRESCIBLE WASTE OUTSIDE OF TRASH COMPACTOR CONSISTING OF
GARBAGE AND OTHER MISCELLANEOUS ITEMS ON GROUND OUTSIDE OF
DUMPSTER ENCLOSURE.
FOLIO NO: 00439840006
VIOLATION ADDRESS: 11409 WHISTLERS COVE CIRCLE,NAPLES
Cases 2 and 3 were heard together.
3. CASE NO: PU5151-CEEX20170013292
OWNER: AFFORDABLE WHISTLERS COVE LTD
OFFICER: INVESTIGATOR JOSE QUINTERO
VIOLATIONS: CODE OF LAWS&ORDINANCES SECTION 118-66(A)
GARBAGE REMAINS ON THE GROUND.NO IMMEDIATE ACTION OBSERVED IN
ABATING THIS VIOLATION.
FOLIO NO: 00439840006
VIOLATION ADDRESS: 11409 WHISTLERS COVE CIRCLE,NAPLES
Debbie Willis, AGPM GM and Soribel Beltre, AGPM Property Manager represented the
Respondent.
Special Magistrate Garretson requested representatives of Affordable Whistler's Cove LTD.
submit a letter to the County within 5 days following the hearing authorizing Ms. Willis and
Ms. Beltre to represent the landowner in the case.
Investigator Quintero and Sanchez represented the County.
Evidence Entered: Composite Exhibit A: 10 photos dated 8/2/17—8/4/17.
Investigator Quintero testified:
• He was notified on August 2, 2017 by Waste Management regarding trash on the
ground at Whistler's Cove.
• He proceeded to the location and witnessed the violation and accordingly issued a
Citation (case #2).
• He returned to the site on August 3rd and the violation was in the process of being
abated via one 8 cubic yard dumpster placed on site.
• His follow up inspection on August 4th revealed 3 dumpsters now on site, however the
violation had not been abated and a second Citation was issued (case #3).
• The violation was abated late in the day on August 4th
• Historically, there have been issues on the site dating back to 2006 with a case heard by
the Special Magistrate in 2013.
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September 1, 2017
Ms. Willis entered the following evidence:
Exhibit A: 1 photo dated 7/31/17
Exhibit B: 1 photo dated 8/2/17
Exhibit C: 1 photo dated 8/2/17
Exhibit D: 1 photo dated 8/3/17
Exhibit E: 1 photo dated 8/3/17
Exhibit F: 1 photo dated 8/3/17
Exhibit G: 1 photo dated 8/3/17
Exhibit H: 1 photo dated 8/4/17
Exhibit I: 1 photo dated 8/11/17
Ms. Willis and Ms. Beltre testified:
• On August 1st they determined the trash compactor had broken down and contacted
Waste Management for delivery of a roll off container.
• They were notified a roll off container was not available however an 8 cubic yard
dumpster was available for use, which was ultimately delivered August 3`1
• On August 2"d , the compactor was removed from the site and emptied by Waste
Management.
• The unit was returned to the site and a repairman arrived to service it however
determined the motor could not be repaired and the entire compactor needed to be
replaced.
• Upon the August 3rd delivery of the dumpster, it was loaded 3 times for disposal in a
truck which had to leave the site without all refuse being removed (generally only 1
disposal is allowed by a truck, but the County requested additional service be provided
given the events).
• The remaining trash was placed in heavy duty garbage bags and placed in the dumpster
with the overflow stored on the ground in the vicinity.
• On August 4th 2 additional 8 yard dumpsters were delivered to the site to address the
issue and the violation abated.
• The 8 yard dumpsters were utilized until a new compactor was delivered on August 11 to
• They addressed the issue in a timely manner given the magnitude of the event.
Investigator Quintero and Sanchez entered Exhibit B: "Waste Management Timeline" into
evidence.
They expressed concern that the compactor ceased operation on July 31St and the violation did
not begin to be abated until August 2"d with trash remaining on the ground, a violation of
County Ordinances until late in the day August 4th.
Ms. Willis entered Exhibit J: "Whistler's Cove Compactor Timeline Per On-site Camera and
Personnel"into evidence.
She noted:
• A dumpster was requested to be delivered on 8/1 with the contract being executed on
8/2, however it was not delivered until 8/3 which delayed abatement of the violation.
• They have managed the property since 2009 with only one Citation issued in 2013.
• At that time measures were taken to address on site issues, such as screening the
compactor area from US41, installing security cameras to identify people illegally
dumping debris and imposing fines on those individuals not complying with the rules of
the management company when disposing refuse.
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September 1, 2017
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence took the
case UNDER ADVISEMENT.
11. CASE NO: CEPM20170007778
OWNER: SIERRA MEADOWS PROPERTY INC.
OFFICER: INVESTIGATOR VICKI GIGUERE
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI,
SECTION 22-240(2)(A). MULTIPLE POT HOLES ON PRIVATE ROAD.
FOLIO NO: 73620100029
VIOLATION ADDRESS: SIERRA MEADOWS BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 8/17/17
Date of Hearing Notice Property/Courthouse Posting: 8/21/17
Investigator Giguere presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 2 photos dated May 4, 2017
Composite Exhibit B: 2 photos dated July 13, 2017
The violation remains as of August 31, 2017.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case
by October 1, 2017.
2. Must repair or cause to repair any and all pot holes on road by October 1, 2017 or a
$100.00 per day fine will be imposed for each day the violation remains.
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: $115.10
14. CASE NO: CEAU20160021105
OWNER: JOSEPH G. DEFRANCESCO
OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
5.03.02(F)(3).POORLY MAINTAINED/DILAPIDATED CHAIN-LINK FENCE
SURROUNDING THE PERIMETER OF IMPROVED UNOCCUPIED COMMERCIAL
PROPERTY.
FOLIO NO: 35833000006
VIOLATION ADDRESS: 3930 GREEN BLVD,NAPLES
Date of Hearing Notice by Certified Mail: 8/17/17
Date of Hearing Notice Property/Courthouse Posting: 8/21/17
Investigator Lopez-Silvero presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 12/20/16.
Exhibit B: 1 photo dated 2/22/17
Composite Exhibit C: 2 photos dated 3/23/17
7
September 1, 2017
The violation remains as of August 31, 2017.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.40 incurred in the prosecution of the case
by October 1, 2017.
2. Must obtain any required Collier County Building Permit(s) to repair or replace the
dilapidated chain link fence or obtain Demolition Permit to remove said fence and
request all related inspections thru issuance of Certificate of Completion by October 1,
2017 or a $100.00 per day fine will be imposed for each day the violation remains.
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: $115.40 I
16. CASE NO: CENA20170011622
OWNER: WAYNE RAY FINZER
OFFICER: INVESTIGATOR CHRIS HARMON
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI,
SECTION 54-185(A). GRASS/WEEDS IN EXCESS OF 18 INCHES IN HEIGHT ON A
MOWABLE LOT IN A RESIDENTIALLY ZONED DISTRICT.
FOLIO NO: 81731280008
VIOLATION ADDRESS:2675 STORTER AVENUE,NAPLES
Date of Hearing Notice by Certified Mail: 8/17/17
Date of Hearing Notice Property/Courthouse Posting: 8/18/17
Investigator Harmon presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 4 photos depicting the violation.
The violation remains as of August 31, 2017.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case
by October 1, 2017.
2. Must mow or cause to mow all weeds, grass or other similar unprotected overgrowth in
excess of eighteen (18) inches in height on this lot. Must mow to height less than six
inches (6) by September 8, 2017 or a $50.00 per day fine will be imposed for each day the
violation remains.
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.
8
September 1, 2017
Total Amount Due: $115.10
B. Emergency Cases:
None
VII. NEW BUSINESS
A. Motions for Reduction/Abatement of Fines:
None
B. Motions for Imposition of Fines and Lien:
None
X. OLD BUSINESS`
A. Motions to Amend Previously Issued Order:
None
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.
None
X. REPORTS
None
XI. NEXT MEETING DATE: October 6,2017, at 9:00 A.M. located at the Collier County Government
Center,3299 East Tamiami Trail, Building F, 3rd Floor,Naples, Florida
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:35 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HE ' NG
1 ,0111,
tiOda Garr• : , Special Magistrate
The Minutes were approved by the Special Magistrate on3 Cz1'7 , as presented
or as amended
9