CESM Minutes 01/05/2018 January 5, 2018
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 5, 2018
LET IT BE REMEMBERED the Collier County SpecialMagistrate, 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 Inspectors
Danny Blanco, Administrative Secretary
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
January 05, 2018
9:00 AM
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
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
IV. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: SO183358 CEEX20170014245
OWNER: Thomas P. Aris
OFFICER: Deputy Mulholland
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped
Space.
FOLIO NO: N/A
VIOLATION
ADDRESS: 10711 Tamiami Trail N, Naples
2. CASE NO: SO177802 CEEX20170019394
OWNER: Anthony Ciardiello
OFFICER: Deputy Loyd
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped
Space.
FOLIO NO: N/A
VIOLATION
ADDRESS: Orchard Supply, 1000 Immokalee Rd, Naples
3. CASE NO: PR058569 CEEX20170016629
OWNER: Jeffrey Bennett
OFFICER: Park Ranger Richard Maunz
VIOLATIONS: Code of Laws and Ordinances Section 130-55. Failure to
display valid paid parking receipt.
FOLIO NO: N/A
VIOLATION
ADDRESS: Barefoot Beach Access, Naples
4. CASE NO: PR057752 CEEX20170018347
OWNER: James T. Lowdermilk
OFFICER: Park Ranger Kurt Araquistain
VIOLATIONS: Code of Laws and Ordinances, Section 130-66. Unlawful area.
FOLIO NO: N/A
VIOLATION
ADDRESS: Bayview Park, Naples
5. CASE NO: PU5702 CEEX20170019456
OWNER: Ashton Tampa Residential LLC
OFFICER: Jose Quintero
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9.
Illegal tampering. The back leg of the RPZ removed from the
ground and device.
FOLIO NO: 63045035682
VIOLATION
ADDRESS: 14667 Topsail Drive, Naples
6. CASE NO: CESD20170004703
OWNER: Clifford Greenberg and Lazenka Alvarez Greenberg
OFFICER: Michele McGonagle
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). Alterations
made to the drainage system(culvert/swale) without obtaining
required permits.
FOLIO NO: 30782520001
VIOLATION
ADDRESS: 9235 The Lane, Naples
7. CASE NO: CEV20170004137
OWNER: Yosvany A. Torres
OFFICER: Dee Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(a), Chapter 110 Roads and Bridges, Section
110-31(a). Vehicles accessing property via the right of
way/swale damaging grass, parking in the right of way/swale,
and parking in the grass.
FOLIO NO: 36321880009
VIOLATION
ADDRESS: 5434 27th Avenue SW, Naples
8. CASE NO: CEPM20170016043
OWNER: Rita Martino
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n). Private pool enclosure in
disrepair.
FOLIO NO: 53953720002
VIOLATION
ADDRESS: 304 Nason Lane, Naples
9. CASE NO: CESD20170015145
OWNER: Carlos A. Rojas PA
OFFICER: 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). Damaged
pool enclosure on the property without a valid Collier County
permit that is required for the repairs or replacement.
FOLIO NO: 55100800003
VIOLATION
ADDRESS: 255 Pine Valley Circle, Naples
10. CASE NO: CEPM20170012900
OWNER: Lowfield Realty Group LLC
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-240(1)(b) and 22-240(1)(n)(l). Fence in
disrepair, exterior walls and gutter in disrepair.
FOLIO NO: 428640000
VIOLATION
ADDRESS: 5498 Rattlesnake Hammock Road, Naples
11. CASE NO: CEPM20170013286
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Deteriorated roof consisting
of damaged and/or missing shingles, also soffit and fascia
damage.
FOLIO NO: 38101960008
VIOLATION
ADDRESS: 2930 70th Street SW, Naples
12. CASE NO: CENA20170013694
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(b). Weeds over 18 inches.
FOLIO NO: 38101960008
VIOLATION
ADDRESS: 2930 70th Street SW, Naples
13. CASE NO: CEAU20170015420
OWNER: Fritz Delus and Ange Philien
OFFICER: Frank Balzano
VIOLATIONS: Florida Building Code 5th Edition (2014), Section 105.1. Fence
installed prior to obtaining permits. Also permit #2006080610
for a 6 foot wooden fence is expired.
FOLIO NO: 25967801822
VIOLATION
ADDRESS: 14535 Abiaka Way, Naples
14. CASE NO: CESD20160009730
OWNER: MT Ridge Realty Assoc LLC
OFFICER: Michele McGonagle
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). An
unpermitted natural gas connection to the commercial
establishment.
FOLIO NO: 78569500028
VIOLATION
ADDRESS: 2700 Immokalee Road Unit 13, Naples
15. CASE NO: CENA20170015057
OWNER: Dale Ebanks
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d). Prohibited exotic vegetation
consisting of but not limited to: Earleaf Acacia, Brazilian
Pepper, Melaleuca, and Java Plum, etc.
FOLIO NO: 00446680000
VIOLATION
ADDRESS: 334 Porter Street, Naples
16. CASE NO: CEPM20170015461
OWNER: Shui Ying Dou
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b). Vacant dwelling with
exterior wall damage.
FOLIO NO: 27633480009
VIOLATION
ADDRESS: 257 Egret Avenue, Naples
17. CASE NO: CENA20170012436
OWNER: Albert R. St. Cyr
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws, Chapter 54, Article VI, Section
54-179 and 54-181, and the Collier County Land Development
Code 04-41, as amended, Sections 1.04.01(a) and 2.02.03. Litter
and debris on the property. Also, outside storage of materials
and items.
FOLIO NO: 37748440005
VIOLATION
ADDRESS: 571 24th Ave NE, Naples
18. CASE NO: CEV20170012465
OWNER: Albert R. St. Cyr
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws, Chapter 130, Article III, Section
130-95. Unlicensed/inoperable vehicle on the property.
FOLIO NO: 37748440005
VIOLATION
ADDRESS: 571 24th Avenue NE, Naples
19. CASE NO: CEPM20170016304
OWNER: Forest Lakes Golf and Tennis Club, Building No. 1, Inc.
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-228(1). Inoperable elevator.
FOLIO NO: 259200004
VIOLATION
ADDRESS: 501 Forest Lakes Blvd, Naples
20. CASE NO: CEV20170015672
OWNER: William Girardeau and Hallie Girardeau
OFFICER: Frank Balzano
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a). Boat parked in the side yard of
property.
FOLIO NO: 82539120000
VIOLATION
ADDRESS: 100 Kirtland Drive, Naples
21. CASE NO: CEV20170012701
OWNER: Jocelin Joseph
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed and/or inoperable
vehicles parked on improved occupied multifamily residential
property.
FOLIO NO: 75910040004
VIOLATION
ADDRESS: 4149 Golden Gate Parkway, Naples
22. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K. Cardenas Orsornio
OFFICER: Frank Balzano
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e).
Unpermitted kitchen remodel.
FOLIO NO: 48481640009
VIOLATION
ADDRESS: 1024 Manatee Road, Unit C105, Naples
23. CASE NO: CEPM20170016634
OWNER: Mary L. Wood
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15) and 22-231(12)(n). A green,
unmaintained swimming pool and missing/damaged screen
panels on the pool cage.
FOLIO NO: 62579120006
VIOLATION
ADDRESS: 636 106th Avenue N, Naples
24. CASE NO: CEAU20170007959
OWNER: Robert H. Cherry SR and Mary E. Cherry
OFFICER: Tony Asaro
VIOLATIONS: Collier County Land Development Code 04-41 as amended,
Section 5.03.02(F)(5), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e).
Steel carport and new fencing erected without obtaining Collier
County building permits.
FOLIO NO: 56920008
VIOLATION
ADDRESS: 901 Miraham PL, Immokalee
25. CASE NO: CENA20170011132
OWNER: Glenn McGee
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-179 and 54-181. Litter throughout the
property.
FOLIO NO: 1134801608
VIOLATION
ADDRESS: 216 Brockington Drive, Copeland
26. CASE NO: CEV20170016274
OWNER: Yezid A. Esponda and Norma P. Esponda
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 130,
Article III, Section 130-95. Multiple unlicensed vehicles parked
on the driveway of this residential property.
FOLIO NO: 38334720002
VIOLATION
ADDRESS: 6066 Lancewood Way, Naples
27. CASE NO: CESD20170006603
OWNER: Thomas Valdes
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). No permits for a re-roof of a shed.
FOLIO NO: 36245920003
VIOLATION
ADDRESS: 1742 42nd Terrace SW, Naples
B. EMERGENCY CASES
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20150010212
OWNER: Alejandra Brito Embriz
OFFICER: 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: CEAU20160011555
OWNER: Schumann Theodat and Judith Anilus
OFFICER: 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
3. CASE NO: CEPM20170004745
OWNER: Dale Henning
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b) and (12)(c). Several tarps on
the roof, mold/green staining on the exterior walls of the home.
FOLIO NO: 81621560003
VIOLATION
ADDRESS: 110 Grassy Key Lane, Naples
4. CASE NO: CEPM20170004746
OWNER: Dale Henning and Nicholas Genovese
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b). Mold/green staining on the
exterior walls of the home.
FOLIO NO: 81621520001
VIOLATION
ADDRESS: 120 Grassy Key Lane, Naples
5. CASE NO: CESD20170003130
OWNER: Randy Holton
OFFICER: 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
VIII. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION 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- FRIDAY, FEBRUARY 2, 2018 AT 9:00 A.M.
XII. ADJOURN
January 5, 2018
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 9:41 A.M. All
those testifying at the proceeding did so under oath.
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.
II. APPROVAL OF AGENDA
Kerry Adams, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item V.B —Hearings, the following cases were moved to Item V.A—Stipulations:
• #5 - CASE NO: PU5702 CEEX20170019456 - Ashton Tampa Residential LLC
• #6 - CASE NO: CESD20170004703 - Clifford Greenberg and Lazenka Alvarez Greenberg
• #9 - CASE NO: CESD20170015145 - Carlos A. Rojas PA
• #22 - CASE NO: CESD20170015106 - Michael Patrick Meyers and Nancy K. Cardenas
Orsornio
Under Item V.B—Hearings, the following cases were withdrawn:
• #1 - CASE NO: SO183358 CEEX20170014245 - Thomas P. Aris
• #3 - CASE NO: PR058569 CEEX20170016629 - Jeffrey Bennett
• #4 - CASE NO: PR057752 CEEX20170018347 - James T. Lowdermilk
• #7 - CASE NO: CEV20170004137 - Yosvany A. Tones
• #10 - CASE NO: CEPM20170012900 - Lowfield Realty Group LLC
• #14 - CASE NO: CESD20160009730 - MT Ridge Realty Assoc LLC
• #16 - CASE NO: CEPM20170015461 - Shui Ying Dou
• #17 - CASE NO: CENA20170012436 - Albert R. St. Cyr
• #18 -CASE NO: CEV20170012465 - Albert R. St. Cyr
• #20 - CASE NO: CEV20170015672 - William Girardeau and Hallie Girardeau
• #21 - CASE NO: CEV20170012701 - Jocelin Joseph
• #23 - CASE NO: CEPM20170016634 - Mary L. Wood
• #24 - CASE NO: CEAU20170007959 - Robert H. Cherry SR and Mary E. Cherry
• #26 - CASE NO: CEV20170016274 - Yezid A. Esponda and Norma P. Esponda
Under Item VII.A-Motion to Amend Previously Issued Order, the following case was added to the
Agenda:
• #1 - CASE NO: SO184166 CEEX20170016052 - Jill Coulthard
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the December 1, 2017 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
•
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January 5, 2018
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
1. CASE NO: PU5702 CEEX20170019456
OWNER: Ashton Tampa Residential LLC
OFFICER: Jose Quintero
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9. Illegal tampering.
The back leg of the RPZ removed from the ground and device.
FOLIO NO: 63045035682
VIOLATION ADDRESS: 14667 Topsail Drive, Naples
Investigator Quintero requested the hearing.
The Stipulation was entered into by the Respondent representative Eric E. Page on January 5, 2018.
Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent
GUILTY of the alleged violation and ordered to pay Operational Costs in the amount of$50.00
incurred in the prosecution of the case, an Administrative Fee of$5.00 and a Civil Penalty of
$500.00 for a total amount due of$555.00 payable by February 5, 2018.
Total Amount Due: $555.00
2. CASE NO: CESD20170004703
OWNER: Clifford Greenberg and Lazenka Alvarez Greenberg
OFFICER: Michele McGonagle
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). Alterations made to the drainage system
(culvert/swale) without obtaining required permits.
FOLIO NO: 30782520001
VIOLATION ADDRESS: 9235 The Lane, Naples
Manager Letourneau requested the hearing.
Chris Hagan, Hagan Engineering was present representing the Respondents who were not present.
The Stipulation was entered into by the Clifford Greenberg on January 3, 2018.
Special Magistrate Garretson accepted the Stipulation subject to Lazenka Alvarez-Greenberg
signing the document after the fact.
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$112.15 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits or
Demolition Permit, inspections and Certificate of Completion/Occupancy to make
alterations to the drainage system according to the plans approved by the County Engineer
and have altered drainage system inspected and approved by the County Engineer by April
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January2 1
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5, 2018 or a fine of$100.00 per day will be imposed until the violation has been abated
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $112.15
3. CASE NO: CESD20170015145
OWNER: Carlos A. Rojas PA
OFFICER: 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). Damaged
pool enclosure on the property without a valid Collier County permit that is
required for the repairs or replacement.
FOLIO NO: 55100800003
VIOLATION ADDRESS: 255 Pine Valley Circle,Naples
Investigator Musse requested the hearing.
The Stipulation was entered into by the Respondent's representative Maria Rojas (mother) on
January 5, 2018.
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$112.05 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits and
Certificate of Completion for the repair or replacement of the pool enclosure by February
5, 2018 or a fine of$100.00 per day will be imposed until the violation has been abated
thereafter unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $112.05
4. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K. Cardenas Orsornio
OFFICER: Frank Balzano
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e). Unpermitted kitchen remodel.
FOLIO NO: 48481640009
VIOLATION ADDRESS: 1024 Manatee Road, Unit C105,Naples
Investigator Balzano requested the hearing.
The Stipulation was entered into by the Respondents on January 5, 2018.
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January 5, 2018
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$111.95 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building or Demolition Permits,
inspections and Certificate of Completion/Occupancy for the kitchen remodel by July 5, 2018
or a fine of$100.00 per day will be imposed until the violation has been abated thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation 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: $111.95
VI. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20150010212
OWNER: Alejandra Brito Embriz
OFFICER: 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, Imrnokalee
Alejandra Embriz was present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 11/4/16 - Or: 5342—Pg. 702
Fine Amount: $200.00/day
Duration: 2/5/17— 1/5/18 335 days
Total Fine Amount: $67,000.00
Unpaid Operational Costs: $111.95
Total to Date: $67,111.95
Ms. Embriz,did not speak English and her daughter was present to translate however experienced
difficulty with the proceedings.
Special Magistrate Garretson recommended the parties meet outside the hearing to ensure Ms.
Embriz was properly informed on the facts of the case before the hearing was convened.
Recessed: 10:32 a.m.
Reconvened: 11:47 a.m.
Manager Letourneau informed Special Magistrate Garretson the County was withdrawing the case.
VII. PUBLIC HEARINGS
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January 5, 2018
A. HEARINGS
19. CASE NO: CEPM20170016304
OWNER: Forest Lakes Golf and Tennis Club, Building No. 1, Inc.
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22228(1). Inoperable elevator.
FOLIO NO: 259200004
VIOLATION ADDRESS: 501 Forest Lakes Blvd,Naples
Investigator Hoagboon represented the County.
County Evidence Entered: Exhibit A: 1 photo dated 10/25/17
Exhibit B: Aerial photo of the property
Richard Ouimet, Guardian Property Management represented the respondent.
Respondent Evidence Entered: Exhibit A: Contract for Elevator Repair from Delaware
Elevator dated 8/28/17
Exhibit B: Sworn Statement Proof of Loss dated August 2,
2017
Exhibit C: Invoice for Deposit Payment for Repair Work
October 10, 2017
Exhibit D: Welcome Letter from Delaware Elevator to Mr.
Ouimet
Special Magistrate Garretson requested Mr. Ouimet provide a letter from Forest Lakes Golf and
Tennis Club after the hearing confirming he is authorized to represent the Respondent.
Mr. Ouimet reported:
• The elevator was placed out of commission due to a lightning strike in June of 2017.
• Investigation revealed the elevator is required to be repaired to current code standards and a
total rebuild of its components would be required in order to comply with current
regulations.
• Subsequent evaluation determined the components for the elevator are no longer available
due to its age and would need to be custom made causing delays for the repairs.
• He located a vendor willing to complete the work which was delayed due to Hurricane
Irma.
• A representative of the vendor(Delaware Elevator) intended to be present today, however
is on site, meeting with an electrician who will be working on the repairs required to abate
the violation.
Investigator Hoagboon reported:
• Residents contacted the County expressing concern on the delays as they have not been able
to use the elevator since June.
• Some residents have even had to move out of the building as they need the elevator to
access their units.
• To date, no permit applications for the proposed work have been filed with the County.
Mr. Ouimet noted:
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January 5, 2018
• He was uncertain why the permit applications have not been filed, but speculated the
vendor may be experiencing delays as the components are being custom made and the
specifications and plans required for an application may not have been readily available.
• He has been informed the work should initiate this month and will take 2 —4 weeks to
complete.
• The repairs are nearly $100,000 while the cost of a totally new elevator is $250,000 to
$300,000.
Cornelius and Eileen Lucey (Ms. Lucey is the former President of the Association and was active
during the most of the time frame indicated above, but had to resign her position due to health
issues), unit owners confirmed the elevator is old and the parts necessary for the repairs need to be
custom made. Other issues contributing to the delay include the destruction of 3 —4 units on top
floor of the building due to Hurricane Irma.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
CONTINUED the case until the next hearing date. She noted:
1. Any additional evidence wishing to be considered should be provided to the party at least 10
days before the date of hearing so the Respondent and/or County representatives have ample
opportunity to review the information.
2. Any new evidence that comes to light following this time frame may be submitted and the
County has the right to withdraw the case at any time.
VIII. NEW BUSINESS (continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEAU20160011555
OWNER: Schumann Theodat and Judith Anilus
OFFICER: 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 presented the case and reported the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: 9/1/17—Or. 5436 —Pg. 3706
Fine Amount: $100.00/day
Duration: 11/2/17— 12/15/17 (44 days)
Total Fine Amount: $4,400.00
Unpaid Operational Costs: $111.80
Total to Date: $4,511.80
Mr. Theodat testified he abated the violation twice, before and after Hurricane Irma.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines.
Break: 11:53 a.m.
Reconvened: 12:22 p.m.
7
January 5, 2018
IX. PUBLIC HEARINGS (continued)
A. HEARINGS
2. CASE NO: 50177802 CEEX20170019394
OWNER: Anthony Ciardiello
OFFICER: Deputy Loyd
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped Space.
FOLIO NO: N/A
VIOLATION ADDRESS: Orchard Supply, 1000 Immokalee Rd, Naples
Neither Deputy Loyd nor Anthony Ciardeillo were present.
Special Magistrate Garretson DISMISSED the Citation.
8. CASE NO: CEPM20170016043
OWNER: Rita Martino
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22 - 231(12)(n). Private pool enclosure in disrepair.
FOLIO NO: 53953720002
VIOLATION ADDRESS: 304 Nason Lane, Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
Investigator Athey presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 10/11/17
Exhibit B: Aerial photo of the property in question
The violation remains as of January 5, 2018.
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$112.05 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits and
Certificate of Completion for repair of the pool enclosure by January 12, 2018 or a fine of
$200.00 per day will be imposed until the violation has been abated thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $112.05
11. CASE NO: CEPM20170013286
8
January 5, 2018
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-A231(12)(c). Deteriorated roof consisting of damaged and/or missing
shingles, also soffit and fascia damage,
FOLIO NO: 38101960008
VIOLATION ADDRESS: 2930 70th Street SW,Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/20/17
Investigator Hoagboon presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 1/4/18
Exhibit B: Aerial photo of the property in question
The violation remains as of January 5, 2018.
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$111.90 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits or
Demolition permits and request all inspections through Certificate of
Occupancy/Completion to repair the damaged soffit, and fascia of the property by
February 5, 2018 or a fine of$100.00 per day will be imposed until the violation has been
abated thereafter unless altered by a subsequent Stipulation or Order of the Special
Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $111.90
12. CASE NO: CENA20170013694
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(b). Weeds over 18 inches.
FOLIO NO: 38101960008
VIOLATION ADDRESS: 2930 70th Street SW,Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
Investigator Hoagboon presented the case.
The Respondent was not present.
9
January 5, 2018
Evidence entered: Composite Exhibit A: 2 photos dated 1/4/18
Exhibit B: Aerial photo of the property in question
The violation remains as of January 5, 2018.
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$111.85 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by mowing or cause to mow all weeds,grass or other similar non-
protected overgrowth in excess of eighteen (18) inches in height located within thirty (30)
feet of any residential structure up to any lot line. Must mow to a height of less than six
(6) inches by January 12, 2018 or a fine of$50.00 per day will be imposed until the
violation has been abated thereafter unless altered by a subsequent Stipulation or Order of
the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $111.85
13. CASE NO: CEAU20170015420
OWNER: Fritz Delus and Ange Philien
OFFICER: Frank Balzano
VIOLATIONS: Florida Building Code 5th Edition(2014), Section 105.1. Fence installed prior
to obtaining permits. Also Permit#2006080610 for a 6 foot wooden fence is
expired.
FOLIO NO: 25967801822
VIOLATION ADDRESS: 14535 Abiaka Way,Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
Investigator Balzano presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 2 photos dated 11/9/17
Exhibit B: Aerial photo of the property in question
The violation remains as of January 5, 2018.
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$111.80 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits and
Certificate of Completion/Occupancy for the fence by February 5, 2018 or a fine of
10
January 5, 2018
$100.00 per day will be imposed until the violation has been abated thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $111.80
15. CASE NO: CENA20170015057
OWNER: Dale Ebanks
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54185(d). Prohibited exotic vegetation consisting of but not limited to: Earleaf
Acacia, Brazilian Pepper, Melaleuca, and Java Plum, etc.
FOLIO NO: 00446680000
VIOLATION ADDRESS: 334 Porter Street,Naples
•
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/18/17
Investigator Musse presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 5 photos dated 9/22/17
The violation remains as of January 5, 2018.
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$112.00 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by removing all Collier County Prohibited Exotic vegetation that exists
within a 200 foot radius of any abutting, improved property. The use of heavy machinery
to do mechanical clearing of Exotic vegetation REQUIRES a Vegetation Removal Permit
to be obtained in the advance. When Prohibited Exotic vegetation foliage is removed, but
the base of the vegetation remains, the base and every cut stem or stump must be
immediately treated with a US Environmental Protection Agency approved herbicide
containing a visible tracer dye by February 5, 2018 or a fine of$50.00 per day will be
imposed until the violation has been abated thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $112.00
25. CASE NO: CENA20170011132
11
January 5, 2018
OWNER: Glenn McGee
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181. Litter throughout the property.
FOLIO NO: 1134801608
VIOLATION ADDRESS: 216 Brockington Drive, Copeland
Date of Hearing Notice by Certified Mail: 12/19/17
Date of Hearing Notice Property/Courthouse Posting: 12/20/17
Investigator Giannone presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos
The violation remains as of January 5, 2018.
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$111.85 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by removing all litter from the property to a site intended for final
disposal or store items within a completely enclosed structure by February 5, 2018 or a fine
of$50.00 per day will be imposed until the violation has been abated thereafter unless
altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $111.85
27. CASE NO: CESD20170006603
OWNER: Thomas Valdes
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). No permits for a re-roof of a shed.
FOLIO NO: 36245920003
VIOLATION ADDRESS: 1742 42nd Terrace SW,Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/18/17
Investigator Giannone presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 photos dated 8/2/17
The violation remains as of January 5, 2018.
12
• January 5, 2018
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$112.05 incurred in the prosecution of the case by
February 5, 2018.
2. Abate all violations by obtaining all required Collier County Building Permits, inspections
and Certificate of Completion/Occupancy for a re-roof of a shed by February 5, 2018 or a
fine of$100.00 per day will be imposed until the violation has been abated thereafter
unless altered by a subsequent Stipulation or Order of the Special Magistrate.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation 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: $112.05
X. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
3. CASE NO: CEPM20170004745
OWNER: Dale Henning
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b) and (12)(c). Several tarps on the roof,
mold/green staining on the exterior walls of the home.
FOLIO NO: 81621560003
VIOLATION ADDRESS: 110 Grassy Key Lane, Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
The Respondent was not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 11/3/17
Fine Amount: Part B: $100.00/day
Part C: $100.00/day
Duration: 30 days
Total Fine Amount: Part B: $3,000.00; Part C: $3,000.00
Unpaid Operational Costs: $226.93
Total to Date: $6,226.93
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$6,226.93. Said amount to
become a lien on the property with fines continuing to accrue.
4. CASE NO: CEPM20170004746
OWNER: Dale Henning and Nicholas Genovese
13
January 5, 2018
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(12)(b). Mold/green staining on the exterior walls of the
home.
FOLIO NO: 81621520001
VIOLATION ADDRESS: 120 Grassy Key Lane, Naples
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
The Respondents were not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 11/3/17
Fine Amount: $100.00/day
Duration: 30 days
Total Fine Amount: $3,000.00
Unpaid Operational Costs: $226.93
Total to Date: $3,226.93
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,226.93. Said amount to
become a lien on the property with fines continuing to accrue.
5. CASE NO: CESD20170003130
OWNER: Randy Holton
OFFICER: 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
Date of Hearing Notice by Certified Mail: 12/15/17
Date of Hearing Notice Property/Courthouse Posting: 12/15/17
The Respondent was not present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 11/3/17
Fine Amount: $100.00/day
Duration: 30 days
Total Fine Amount: $3,000.00
Unpaid Operational Costs: $227.13
Total to Date: $3,227.13
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of$3,227.13. Said amount to
become a lien on the property with fines continuing to accrue.
XI. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
14
January 5, 2018
1. CASE NO: S0184166 CEEX20170016052
OWNER: Jill Coulthard
OFFICER: Deputy Sill
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped Space.
FOLIO NO: N/A
VIOLATION ADDRESS: 11420 Whistlers Cove Circle,Naples
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
XII. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
B. REQUEST TO'FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
XIII. REPORTS
None
XIV. NEXT MEETING DATE —FEBRUARY 2, 2018 at 9:00 a.m.
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:20 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
B nda ar n, pecial Magistrate
Th�e inutes were approved by the Special Magistrate on ?i!$Ia 1 Al , as presented
Y , or as amended
15