CESM Minutes 02/02/2018 February 2, 2018
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 2, 2018
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:10 AM in REGULAR SESSION in Administrative
Building "F," 3rd Floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Kerry Adams, Code Enforcement Specialist
Jeff Letourneau, Manager of Inspectors
Danny Blanco, Administrative Secretary
Co ler County
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
February 02, 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
1. CASE NO: CESD20160019077
OWNER: Jacob Lemle Pennell
OFFICER: 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
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: PR058792 CEEX20180000014
OWNER: Tim Mulcahy
OFFICER: Park Ranger Richard Maunz
VIOLATIONS: Code of Laws and Ordinances Section 130-66. Failure to
display paid launch receipt.
FOLIO NO: N/A
VIOLATION
ADDRESS: Bayview Park,Naples
2. CASE NO: PR057760 CEEX20180000049
OWNER: Chad Unger
OFFICER: Park Ranger Kurt Araquistain
VIOLATIONS: Code of Laws and Ordinances Section 130-66. Failure to
display a paid boat launch receipt.
FOLIO NO: N/A
VIOLATION
ADDRESS: Bayview Park,Naples
3. CASE NO: PU5704 CEEX20180000048
OWNER: Divosta Homes LP
OFFICER: Jose Quintero
VIOLATIONS: Code of Laws and Ordinances Chapter 134-174, Section(B)(1).
A water hose connected to a spigot at 7620 Winding Cypress
Drive,crossing property line to 7616 Winding Cypress Drive.
FOLIO NO: 82679018247
VIOLATION
ADDRESS: 7616 Winding Cypress Drive,Naples
4. 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)(1). Fence in
disrepair.Exterior walls and gutter in disrepair.
FOLIO NO: 428640000
VIOLATION
ADDRESS: 5498 Rattlesnake Hammock Road,Naples
5. 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
6. CASE NO: CEOCC20170017438
OWNER: Tylinski Properties LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126,
Article IV, Section 126-111(b). Operating a pottery business
without first obtaining a valid Collier County business tax
receipt.
FOLIO NO: 60782160004
VIOLATION
ADDRESS: 11342 Tamiami Trail E,Naples
7. CASE NO: CELU20170017445
OWNER: Tylinski Properties LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41 as amended,
Section 2.02.03 and 1.04.01(A). Accessory structure built on
this commercially zoned property without a permitted structure
or county approvals.
FOLIO NO: 60782160004
VIOLATION
ADDRESS: 11342 Tamiami Trail E,Naples
8. CASE NO: CEPM20170011731
OWNER: S D Corporation of Naples Inc.
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-240(1)(i), and 22-240(1)(b). Abandoned
sewage treatment structure in disrepair and not operationally
maintained.
FOLIO NO: 425920008
VIOLATION
ADDRESS: No Site Address
9. CASE NO: CEA20170018454
OWNER: Domehouse LLC
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.02.07. Several livestock animals on a 1.14-acre
property.
FOLIO NO: 293360007
VIOLATION
ADDRESS: 1479 San Marcos Blvd,Naples
10. CASE NO: CEPM20170017470
OWNER: William J.Fotre Jr.
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(19), 22-231(12)(p), 22-231(12)(c),
and 22-231(12)(b). Roof, windows, interior walls and ceiling in
disrepair.
FOLIO NO: 29830760009
VIOLATION
ADDRESS: 2948 Orange Street,Naples
11. CASE NO: CEPM20170013438
OWNER: Paul Indianer
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-228(1), and Section 22-231(12)(c). An
unmaintained roof which has caused rain and/or dampness to be
admitted into the interior portion of the dwelling on improved
occupied residential property.
FOLIO NO: 35750880008
VIOLATION
ADDRESS: 2013 44`h Street SW,Naples
12. CASE NO: CEPM20170015114
OWNER: Gulfstream Drive LLC
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(20), 22-231(12)(p), 22-231(12)(c),
and 22-231(12)(j).Ceiling,roof,and windows in disrepair.
FOLIO NO: 63103520000
VIOLATION
ADDRESS: 4546 Gulfstream Drive,Naples
13. CASE NO: CEPM20170018218
OWNER: Amy L.Adkins and Christopher Neptune
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(11), and 22-231(2). No electricity or
water supplied to an occupied dwelling.
FOLIO NO: 60783640002
VIOLATION
ADDRESS: 5264 Maple Lane,Naples
14. CASE NO: CELU20180000310
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and 2.02.03, and Collier County Code of
Laws and Ordinances, Chapter 54, Article VI, Section 54-179.
Outside storage consisting of but not limited to: refrigerator,
containers,wood,plastics,plastic bags,metal,etc.
FOLIO NO: 62260040000
VIOLATION
ADDRESS: 5330 Broward Street,Naples
15. CASE NO: CEPM20170016081
OWNER: Keyestone Real Est Holding 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)(c). Elevated
mold levels in structure,roof in disrepair.
FOLIO NO: 70721440005
VIOLATION
ADDRESS: 3135 Terrace Avenue,Naples
16. CASE NO: CEPM20170013947
OWNER: The Bank of New York Mellon
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c),and Section 22-23 l(12)(q). A
deteriorated/dilapidated section of the roof, soffit, and structural
support in the front of the dwelling on improved, unoccupied
residential property.
FOLIO NO: 35641120000
VIOLATION
ADDRESS: 4148 23'PL SW,Naples
17. CASE NO: CEPM20180000516
OWNER: George J.Sorbara and Jennifer Tarvin Sorbara
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(i).Unsecured dwelling.
FOLIO NO: 24021600009
VIOLATION
ADDRESS: 151 Burning Tree Drive,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: CESD20160007694
OWNER: MHC Naples Est LTD Partnership
OFFICER: Vicki Giguere
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). Permit
PRBD20160517119 left to expire with no final inspection
and/or Certificate of Completion/Occupancy.
FOLIO NO: 00426920007
VIOLATION
ADDRESS: 44 Buttonwood Lane,Naples
2. CASE NO: CEV20170004426
OWNER: US Bank Trust NA
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-97(3). Parking a commercial vehicle
(school bus)in a residentially zoned area.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20th PL SW,Naples
3. CASE NO: CEPM20170013180
OWNER: Nathaniel Blake Jim
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15).Pool with algae growth.
FOLIO NO: 78695207745
VIOLATION
ADDRESS: 1581 Birdie Drive,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
10.1. DAS22120-CEEX20170005201 Jonathan Badham
XI. NEXT MEETING DATE-FRIDAY, MARCH 2,2018 AT 9:00 A.M.
XII. ADJOURN
February 2, 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 9:10 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 IV.B —Motions, the following case was withdrawn:
• #1 -CASE NO: CESD20160019077-Jacob Lemle Pennell
Under Item V.B —Hearings, the following cases were moved to Item V.A— Stipulations:
• #9 - CASE NO: CEA20170018454-Domehouse LLC
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: PR058792 CEEX20180000014-Tim Mulcahy
• #2-CASE NO: PR057760 CEEX20180000049-Chad Unger
• #3 -CASE NO: PU5704 CEEX20180000048-Divosta Homes LP
• #4-CASE NO: CEPM20170012900-Lowfield Realty Group LLC
• #5-CASE NO: CESD20160009730-MT Ridge Realty Assoc LLC
• #8-CASE NO: CEPM20170011731 -S D Corporation of Naples Inc.
• #12-CASE NO: CEPM20170015114-Gulfstream Drive LLC
• #13 -CASE NO: CEPM20170018218 -Amy L.Adkins and Christopher Neptune
• #15 -CASE NO: CEPM20170016081-Keyestone Real Est Holding LLC
• #16-CASE NO: CEPM20170013947 -OWNER: The Bank of New York Mellon
Under Item VI.A—Motion for Imposition of Fines, the following case was withdrawn:
• #1 -CASE NO: CESD20160007694-MHC Naples Est LTD Partnership
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the January 5, 2018 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
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February 2, 2018
V. STIPULATIONS
9. CASE NO: CEA20170018454
OWNER: Domehouse LLC
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Land Development Code 04-41,as amended, Section 4.02.07. Several livestock animals on
a 1.14-acre property.
FOLIO NO: 00293360007
VIOLATION ADDRESS: 1479 San Marcos Blvd,Naples
Investigator Davidson requested the hearing and reported the violation has been abated however
the Operational Costs have not been paid.
John Gilhart, II attorney for Domehouse, LLC was present and noted the violation was the result of
actions by a tenant.
The Stipulation was entered into by the Respondent's representative John Gilhart,II which
requires payment of the Operational Costs in the amount of$112.30 by March 2, 2018.
Total Amount Due: $112.30
VI. PUBLIC HEARINGS
A. HEARINGS
10. CASE NO: CEPM20170017470
OWNER: William J.Fotre Jr.
OFFICER: Steve Athey
VIOLATIONS: Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231(19),22-
231(12)(p), 22-231(12)(c),and 22-231(12)(b).Roof,windows, interior walls and ceiling in disrepair.
FOLIO NO: 29830760009
VIOLATION ADDRESS: 2948 Orange Street,Naples
Mr. Forte and Renee Carroll were present.
Investigator Musse presented the case.
Evidence Entered: Composite Exhibit A: 7 photos dated 11/9/17
Exhibit B: 1 aerial photo of the property
Investigator Musse testified the violation was the result of a tenant complaint and on December
18, 2017 Mr: Fotre had informed him he was awaiting eviction proceedings before making
repairs to the home. To date the violation has not been abated.
Mr. Fotre and Renee Carroll reported the property sustained damage from Hurricane Irma. He
has addressed the rodent infestation and interior repairs are ongoing, including the drywall work.
The roof is scheduled for repair in the near future and he requested additional time to abate the
violation.
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$112.15 incurred in the prosecution of the case by
March 2, 2018.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit and
inspections and Certificate of Completion/Occupancy for repairs to the roof, windows,
interior walls and ceiling by February 16, 2018 or a fine of$200.00 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
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February 2, 2018
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: $112.15
Break: 9:53 a.m.
Reconvened: 10:05 a.m.
6. CASE NO: CEOCC20170017438
OWNER: Tylinski Properties LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126,Article IV, Section 126-111(b). Operating
a pottery business without first obtaining a valid Collier County business tax receipt
FOLIO NO: 60782160004
VIOLATION ADDRESS: 11342 Tamiami Trail E,Naples
Krzysztof Tylinski was present.
Investigator Musse represented the County.
Evidence Entered: Composite Exhibit A: 2 photos dated 12/29/17
Composite Exhibit B: 3 photos dated 2/1/18
Investigator Musse testified:
• On 11/6/17 Code Enforcement Investigator Colleen Davidson posed as a customer at the
location listed in the alleged violation and was told the business is open from 11 am—
5pm.
• The woman on site invited her to look around and to let her know if she was interested in
purchasing any items.
• On 11/17/17 he conducted a site visit and observed customers on site and notified the
business representative on site of the violation.
• On 11/19/17 a meeting was held at the Code Enforcement Office with Mr. Tylinski
followed by issuance of a temporary permit issued on 11/29/17 to operate the busines
until 12/28/17.
• On 12/29/17 a site visit revealed the business was still in operation after the temporary
permit had expired.
• The violation remains as of 2/1/18.
Mr. Tylinski testified:
• He was issued the 30 day permit which he attempted to renew after 12/28/17 but was
denied.
• The site is intended to be utilized as a business and he has been applied for permits to
construct a permanent structure.
• The site wok involved with the application (parking lot, etc.) is anticipated to begin on
February 5, 2018.
• The site work will take approximately 2 weeks to complete at which time it is his
understanding he may be re-issued a temporaty permit.
• At this time,he will also be able to obtain the necessary business tax receipt from the
County.
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February 2, 2018
Special Magistrate Garretson 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
March 2, 2018.
2. Must obtain and display a valid local business tax receipt and any necessary county approval
OR cease operating a business on this property by March 2, 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 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
7. CASE NO: CELU20170017445
OWNER: Tylinski Properties LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code,04-41 as amended, Section 2.02.03 and 1.04.01(A).
Accessory structure built on this commercially zoned property without a permitted structure or county
approvals.
FOLIO NO: 60782160004
VIOLATION ADDRESS: 11342 Tamiami Trail E,Naples
Krzysztof Tylinski was present.
Investigator Musse represented the County.
Evidence Entered: Composite Exhibit A: 1 photo dated 11/7/17
Composite Exhibit B: 1 photo dated 2/1/18
Investigator Musse testified:
• A meeting was held on 11/9/17 with the representatives of the Code Enforcement office
regarding the shed placed on the property without the proper permits.
• Mr. Tylinski notified him the shed would be removed when the temporary use permit
expired on 12/28/17.
• As of 2/1/18 the shed remains on the property.
Mr. Tylinski reported he intends to construct a permanent structure on the site and has applied
for the necessary building permits.
Special Magistrate Garretson 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
March 2, 2018.
2. Remove all unauthorized structures from the property by March 2, 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
5
•
February 2, 2018
the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.90
11. CASE NO: CEPM20170013438
OWNER: Paul Indianer
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1),and Section
22-231(12)(c). An unmaintained roof which has caused rain and/or dampness to be admitted into the
interior portion of the dwelling on improved occupied residential property.
FOLIO NO: 35750880008
VIOLATION ADDRESS: 2013 44th Street SW,Naples
Date of Hearing Notice by Certified Mail: 1/19/18
Date of Hearing Notice Property/Courthouse Posting: 1/18/18
Investigator Lopez-Silvero presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 1 photo dated 8/14/17 and 1 photo dated 9/27/17
The violation remains as of 2/1/18
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$112.00 incurred in the prosecution of the case by
March 2, 2018.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit and inspections
and Certificate of Completion/Occupancy for the repair or replacement of the dwellings roof
and associated repairs by March 2, 2018 or a fine of$250.00 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 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
14. CASE NO: CELU20180000310
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A)and 2.02.03,and
Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Section 54-179.Outside
storage consisting of but not limited to: refrigerator,containers, wood,plastics,plastic bags,metal, etc
FOLIO NO: 62260040000
VIOLATION ADDRESS: 5330 Broward Street,Naples
Date of Hearing Notice by Certified Mail: 1/18/18
Date of Hearing Notice Property/Courthouse Posting: 1/19/18
Investigator Musse presented the case.
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February 2, 2018
Evidence entered: Composite Exhibit A: 9 photos dated 1/8/18
Composite Exhibit B: 3 photo dated 2/1/18
The violation remains as of 2/1/18
Investigator Musse reported the Respondent has been the subject 31 complaints and 5
appearances in front of the Special Magistrate.
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$111.90 incurred in the prosecution of this case by
March 2, 2018.
2. Pay a Civil Penalty of$500.00.
3. Remove all unauthorized accumulation of materials from the property or store said items
within a completely enclosed structure by February 9, 2018 or a fine of$150.00 per day
will be imposed until the violation is abated.
4. 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: $611.90
17. CASE NO: CEPM20180000516
OWNER: George J. Sorbara and Jennifer Tarvin Sorbara
OFFICER: Jon Hoagboon
VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(i).
Unsecured dwelling.
FOLIO NO: 24021600009
VIOLATION ADDRESS: 151 Burning Tree Drive,Naples
Date of Hearing Notice by Certified Mail: 1/22/18
Date of Hearing Notice Property/Courthouse Posting: 1/23/18
Investigator Hoagboon presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 81/11/18
Exhibit B: 1 aerial photo of the property
The violation remains as of 2/1/18.
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$112.10 incurred in the prosecution of the case by
March 2, 2018.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit and
inspections and Certificate of Completion/Occupancy to secure/repair the doors by
February 16, 2018 or a fine of$100.00 per day will be imposed until the violation has been
abated.
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February 2, 2018
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: $112.10
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEV20170004426
OWNER: US Bank Trust NA
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130-97(3).Parking a
commercial vehicle(school bus)in a residentially zoned area.
FOLIO NO: 35755040005
VIOLATION ADDRESS: 4265 20th PL SW,Naples
Date of Hearing Notice by Certified Mail: 1/19/18
Date of Hearing Notice Property/Courthouse Posting: 1/16/18
The Respondents were not present.
Supervisor Perez presented the case noting the violation has not been abated.
Fine Amount: $50.00/day
Duration: 11/11/17—2/1/18 (84 days)
Total Fine Amount: $4,200.00
Unpaid Operational Costs: $227.15
Total to Date: $4,427.15
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$4,427.15.
Said amount to become a lien on the property with fines continuing to accrue.
3. CASE NO: CEPM20170013180
OWNER: Nathaniel Blake Jim
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231(15).Pool with
algae growth.
FOLIO NO: 78695207745
VIOLATION ADDRESS: 1581 Birdie Drive,Naples
Date of Hearing Notice by Certified Mail: 1/19/18
Date of Hearing Notice Property/Courthouse Posting: 1/16/18
The Respondents were not present.
Supervisor Perez presented the case noting the violation has not been abated.
Fine Amount: $250.00/day
Duration: 11/11/17—2/1/18 (84 days)
Total Fine Amount: $21,000.00
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February 2, 2018
Unpaid Operational Costs: $227.30
Total to Date: $21,227.30
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$21,227.30.
Said amount to become a lien on the property with fines continuing to accrue.
VIII. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
IX. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
X. REPORTS
Hannah McQueen, Domestic Animal Services Officer provided a report on a previous case heard by the
Special Magistrate (May 5, 2017) regarding Jonathan Badham's dog Bryan. The case required installation
of a fence to contain the dog on his premise. Following the hearing, the dog was apprehended running at
large and Mr. Badham notified Ms. McQueen the property was subject to hurricane damage but he has
obtained the materials for the fence and it will be installed by February 28, 2018. If he fails to install the
fence, the case will be brought in front of the Special Magistrate as a 3rd offense.
Sean Peacock was introduced as the new Investigative Officer for the Immokalee area.
XI. NEXT MEETING DATE—MARCH 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 10:45 a.m.
COLLIER COUNTY SPECIAL MAGISTRATE HEARING
enda Ga etson, Special Magistrate
The inutes were approved by the Special Magistrate on ar+('a., d‘ I N 1'g , as presented
or as amended
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