CESM Minutes 03/02/2018 March 2, 2018
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 2, 2018
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted business
herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative Building "F,"
3rd floor, Collier County Government Complex, Naples, Florida, with the following persons
present:
SPECIAL MAGISTRATE: Honorable Brenda Garretson
ALSO PRESENT: Kerry Adams, Code Enforcement Specialist
Jeff Letourneau, Manager of Inspectors
Danny Blanco, Administrative Secretary
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
March 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
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: PR058928 CEEX20180001595
OWNER: Carol Walker
OFFICER: Park Ranger Barry Gorniak
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped
Space.
FOLIO NO: N/A
VIOLATION
ADDRESS: Eagle Lakes Community Park,Naples
2. CASE NO: PU5704 CEEX20180000048
OWNER: Divosta Homes LP
OFFICER: Jose Quintero
VIOLATIONS: Code of Laws and Ordinances 134-174, Section (B)(1). 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
3. 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 22-231(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
4. CASE NO: CEPM20180000353
OWNER: Naim Vuthaj
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(2). Breakage in kitchen plumbing
pipe.
FOLIO NO: 61736800005
VIOLATION
ADDRESS: 2255 Della Drive,Naples
5. CASE NO: CELU20170012394
OWNER: Resort Rentals LLC
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Renting out a home to multiple families in a
single family zone.
FOLIO NO: 47973800002
VIOLATION
ADDRESS: 1205 Wisconsin Drive,Naples
6. CASE NO: CESD20170001661
OWNER: Community Assoc for Mill Run Collier County Inc.
OFFICER: Michele McGonagle
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i). Permit PREL20121022731(replace
damage UF wire from guard house to first J-box) expired
without obtaining required inspection and Certificate of
Completion.
FOLIO NO: 29505000104
VIOLATION
ADDRESS: 6940 Wellington Drive,Naples
7. CASE NO: CELU20170018084
OWNER: David W. Stoy Jr.
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a) and 54-179 and Collier County
Land Development Code 04-41, as amended, Section
I.04.01(A)and 2.02.03. Weeds that exceed 18 inches and illegal
outside storage/litter consisting of but not limited to: tires,
cardboard boxes,containers, etc.
FOLIO NO: 60783840006
VIOLATION
ADDRESS: 5310 Maple Lane,Naples
8. CASE NO: CEROW20170013630
OWNER: James David Love and Erin Nicole Love
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws & Ordinances, Chapter 110,
Article II, Section 110-31(a). Driveway with culvert installed
without obtaining a Collier County right of way permit.
FOLIO NO: 40071360001
VIOLATION
ADDRESS: 4330 27th Avenue NE,Naples
9. CASE NO: CEV20170018001
OWNER: Lisa Genet
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed/inoperable trailer being
stored on the property.
FOLIO NO: 292880009
VIOLATION
ADDRESS: 580 San Marcos Blvd,Naples
10. CASE NO: CELU20180000437
OWNER: Angelo B.Campanello and Diane M.Campanello
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and 2.02.03. Outside storage consisting of
but not limited to: stacks of pavers, buckets, wooden fence
panels, etc.
FOLIO NO: 77210650008
VIOLATION
ADDRESS: 141 1 st Street,Naples
11. CASE NO: CESD20170013944
OWNER: Erich Torres Martinez and Johana R.Torres
OFFICER: Tony Asaro
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a).Pole barn erected without obtaining a
Collier County building permit. Also, shed permit#2000030663
is in void status.
FOLIO NO: 40357960002
VIOLATION
ADDRESS: 3490 24th Avenue NE,Naples
12. CASE NO: CENA20170010865
OWNER: Thomas A.Johns Sr
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Section 54-179, and Collier
County Land Development Code 04-41, as amended, Section
2.02.03. Litter and/or the outside storage of items including but
not limited to: miscellaneous metals,plastics,and other litter.
FOLIO NO: 435560005
VIOLATION
ADDRESS: 6911 Johns Road,Naples
13. CASE NO: CEPM20170016457
OWNER: Katline Realty Corp.
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(p), and 22-228(1), and Collier
County Land Development Code, 04-41 as amended, Section
10.02.06(B)(1)(a). Damaged interior floor and missing or
damaged cabinets.
FOLIO NO: 77460080004
VIOLATION
ADDRESS: 5228 Treetops Drive,Naples
14. CASE NO: CEPM20170013023
OWNER: S &0 LLC
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-228(1) and Section 22-240(1)(b).
Deteriorated and/or decayed exterior surfaces on a commercial
structure on improved unoccupied commercial property.
FOLIO NO: 35832160002
VIOLATION
ADDRESS: 1790 40th 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: 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
2. CASE NO: CELU20170013030
OWNER: John Charlot
OFFICER: Christopher Ambach
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and Section 2.02.03, and Collier County
Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179 and 54-181. Recurring violation of large amounts of
litter including but not limited to: plies of vegetative debris,
sand, and dirt, old car parts,household trash, storage containers,
metal, wood, and plastics. Also, prohibited outside storage of
unlicensed and inoperable vehicles and trailers in a state of
disrepair and displayed for sale from the property.
FOLIO NO: 37548760008
VIOLATION
ADDRESS: 1591 Wilson Blvd,Naples
3. CASE NO: CEPM20170004345
OWNER: US Bank Trust NA
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n), 22-231(12)(i), and 22-242.
Unsecured vacant dwelling with broken windows and
dilapidated fence.
FOLIO NO: 35755040005
VIOLATION
ADDRESS: 4265 20`h PL SW,Naples
4. CASE NO: CEPM20170012229
OWNER: Yolanda Fonseca Est
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(i), 22-231(12)(c), and 22-242.
Vacant unsecured mobile home with roof damage and broken
windows.
FOLIO NO: 66880200006
VIOLATION
ADDRESS: 312 South 6th Street,Immokalee
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,APRIL 6,2018 AT 9:00 A.M.
XII. ADJOURN
March 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 9:03 AM. 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.A —Motion for Imposition of Fines, the following case was moved to IV.0 —Motion for
Extension of Time
• #1 -CASE NO: CESD20160019077-Jacob Lemle Pennell
Under Item V.B —Hearings, the following cases were moved to V.A— Stipulations:
• #5 CASE NO: CELU20170012394-Resort Rentals LLC
• #3 CASE NO: CEPM20170013947-The Bank of New York Mellon
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 -CASE NO: PR058928 CEEX20180001595 -Carol Walker
• #2-CASE NO: PU5704 CEEX20180000048 -Divosta Homes LP
• #4-CASE NO: CEPM20180000353 -Naim Vuthaj
• #6-CASE NO: CESD20170001661 -Community Assoc for Mill Run Collier County Inc.
• #7-CASE NO: CELU20170018084-David W. Stoy Jr.
• #8-CASE NO: CEROW20170013630-James David Love and Erin Nicole Love
• #9-CASE NO: CEV20170018001 -Lisa Genet
• #11 -CASE NO: CESD20170013944-Erich Torres Martinez and Johana R. Torres
Under VI.A —Motion for Imposition of Fines, the following case was withdrawn:
• #3 -CASE.NO: CEPM20170004345 -US Bank Trust NA
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the February 2, 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
1. CASE NO: CESD20160019077
OWNER: Jacob Lemle Pennell
OFFICER: Tony Asaro
2 •
March 2, 2018
VIOLATIONS: Collier County Land Development Code 0441, as amended, Section 10.02.06(B)(1)(a).
Shed erected on the property without obtaining a Collier County Building Permit.
FOLIO NO: 01214921408
VIOLATION ADDRESS: 34 E. Flamingo Drive,Everglades City
Special Magistrate Garretson reviewed a request for an extension submitted in writing by
Mr. Pennell.
Manager Letourneau objected to the request as the Respondent has had ample time to abate
the violation as the case was opened in November of 2016.
Jacob Pennell was present and testified:
• The shed has been in place for 30 years and suddenly he was notified he needed a permit.
• It was installed in the early 1990's when a new permitted mobile home was placed on the
property by his grandfather. He has records of the shed purchase and other information but
could not find a copy of a permit in the County records, although believes his grandfather
would have obtained a permit as he received one for the mobile home.
• He requested more time to abate the violation as he was delayed as a result of the
hurricane.
Manager Letourneau noted the Mr. Pennell was notified in February of 2017, there was no
record of a County permit. In 1990, a permit would have been required for the shed which may
not meet setback requirements.
Mr. Pennell noted he may demolish the shed if necessary but was told he needed a survey for a
demolition permit.
Manager Letourneau reported to the best of his knowledge no survey is required for a demolition
permit. He did not object to a 30 day extension.
After hearing the testimony, Special Magistrate Garretson GRANTED an Extension of Time in
the case to April 6, 2018, however the fines will continue to accrue.
V. STIPULATIONS
1. CASE NO: CELU20170012394
OWNER: Resort Rentals LLC
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Land Development Code 0441, as amended, Section 2.02.03. Renting out a home
to multiple families in a single family zone.
FOLIO NO: 47973800002
VIOLATION ADDRESS: 1205 Wisconsin Drive,Naples
Investigator Hoagboon requested the hearing.
The Stipulation was entered into by the Respondent Representative Kathy Gaff on February 27, 2018.
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 this case by
April 2, 2018.
2. Abate all violations by ceasing all multi family use at any and all property other than property
zoned for single family use as identified in the Collier County Land Development Code 04-41,
as amended, by June 2, 2018 or a fine of$200.00 will be imposed until the violation is abated.
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
3
March 2, 2018
enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.90
3. 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 22231(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 Rd. PL SW,Naples
Investigator Lopez-Silvero requested the hearing.
The Stipulation was entered into by the Respondents'representative Roger Rathbun on
March 2, 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 this case by
April 2, 2018.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion
by July 2, 2018 or a fine of$250.00 per day will be imposed until the violation has been abated.
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
VI. PUBLIC HEARINGS
A. HEARINGS
13. CASE NO: CEPM20170016457-Katline Realty Corp.
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(p),
and 22-228(1), and Collier County Land Development Code, 04-41as amended, Section
10.02.06(B)(1)(a). Damaged interior floor and missing or damaged cabinets.
FOLIO NO: 77460080004
VIOLATION ADDRESS: 5228 Treetops Drive, Naples
Charles Klar, owner Katline Realty Corp. was present.
Investigator Musse represented the County and requested the following evidence be entered in the
case: Composite Exhibit A: 2 photos dated 10/17/17 and Exhibit B: 1 photo dated 12/29/17.
The first 2 photos show the damage, the second photo shows the repairs made to the unit.
Mr. Klar objected to the photos as they are not his unit. He noted he has inspected his unit and
there is no damage present and has photos on his IPAD indicating there is no damage to the
premise. There are 100 —200 units in the development which all look the same.
4
March 2, 2018
Manager Letourneau reported the damage has been repaired without the owner obtaining the
necessary permits.
Mr. Klar reported he evicted a tenant in February of 2017 and there has been no one occupying
the unit through today. He did hire someone to paint the unit.
Investigator Musse reported he met with complainant, Colin Morse on site on October 17, 2017,
observed the damage, and later on December 29, 2017 met with Mr. Klar in the same unit and
observed the repairs.
Manager Letourneau noted the photos from the two different dates have similar characteristics
such as a missing electrical plate cover and a light cord hanging in the exact same place.
Special Magistrate Garretson after hearing the testimony and examining the photos,found that
the two sets of photos depict the same unit and admitted them into evidence.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation and ordered him to:
1. Pay operational costs in the amount of$112.00 incurred in the prosecution of this case by
September 2, 2018.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier
County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by May 2, 2018 or a fine of$100.00 per day will be imposed until the
violation has been abated.
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.
Investigator Musse reported he is willing to meet with Mr. Klar's contractor to notify him of the
requirements for obtaining a permit, if Mr. Klar so desires.
Total Amount Due: $112.00
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CELU20170013030
OWNER: John Chariot
•
OFFICER: Christopher Ambach
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section
2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
179 and 54 - 181. Recurring violation of large amounts of litter including but not limited to:
piles of vegetative debris, sand,and dirt, old car parts,household trash, storage containers,metal,
wood, and plastics. Also,prohibited outside storage of unlicensed and inoperable vehicles and
trailers in a state of disrepair and displayed for sale from the property.
FOLIO NO: 37548760008
VIOLATION ADDRESS: 1591 Wilson Blvd,Naples
John Chariot was present.
Investigator Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: 11/3/17
Fine Amount: $100.00/day
5
March 2, 2018
Duration: 58 days
Total Fine Amount: $5,800.00
Unpaid Operational Costs: $111.80
Total to Date: $5,911.80
Mr. Chariot testified:
• He has been working on removing debris from the site and left voice messages with the
Investigator to visit the site to provide guidance on what father measures need to be taken to
abate the violation with no response from the County.
• Presently there are only 3 cars on site and some tools in a container area and the dirt piles have
been leveled out.
Investigator Ambach testified:
• Mr.Charlot did remove some items, but brought additional items on site.
• Presently there are 5 cars on site, plumbing fixtures, a refrigerator, cases of bottled water, etc.
• He entered the following evidence:
Composite Exhibit A: 6 photos dated 3/1/18 depicting the vehicles and other items
scattered through the property as well as piles of dirt.
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$5,911.80. Said amount to become a lien
on the property with fines continuing to accrue.
Break: 10:30 a.m.
Reconvened: 10:51 a.m.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
10. CASE NO: CELU20180000437
OWNER: Angelo B. Campanello and Diane M. Campanello
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03.
Outside storage consisting of but not limited to: stacks of pavers, buckets, wooden fence
panels, etc.
FOLIO NO: 77210650008
VIOLATION ADDRESS: 141 1st Street,Naples
Date of Hearing Notice by Certified Mail: 2/14/18
Date of Hearing Notice Property/Courthouse Posting:. 2/14/18
Investigator Musse presented the case.
Evidence entered: Composite Exhibit A: 4 photos dated 1/8/18.
The violation remains as of 3/2/18
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 this case
by April 2, 2018.
6
March 2, 2018
2. Abate the violation by removing all unauthorized accumulation of litter and illegal
outside storage from the property or store items within a completely enclosed structure by
March 9, 2018 or a fine of$100.00 per day will be imposed until the violation has been
abated thereafter.
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: $112.00
12. CASE NO: CENA20170010865
OWNER: Thomas A. Johns Sr.
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-181 and Section
54-179,and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter
and/or the outside storage of items including but not limited to: miscellaneous metals,plastics,and
other litter.
FOLIO NO: 00435560005
VIOLATION ADDRESS: 6911 Johns Road,Naples
Date of Hearing Notice by Certified Mail: 2/14/18
Date of Hearing Notice Property/Courthouse Posting: 2/20/18
Investigator Plourd presented the case.
Evidence entered: Composite Exhibit A: 4 photos dated 1/11/18
Composite Exhibit B: 3 photos dated 3/1/18
Exhibit C: Aerial photo of the property
The violation remains as of 3/2/18
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 this case by
April 2, 2018.
2. Abate the violation by removing all unauthorized accumulation of litter and illegal outside
storage from the property or store items within a completely enclosed structure by April 2,
2018 or a fine of$100.00 per day will be imposed until the violation has been abated
thereafter.
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: $112.00
14. CASE NO: CEPM20170013023
OWNER: S&0 LLC
OFFICER: Steven Lopez- Silvero
7
March 2, 2018
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1)
and Section 22-240(1)(b).Deteriorated and/or decayed exterior surfaces on a commercial
structure on improved unoccupied commercial property.
FOLIO NO: 35832160002
VIOLATION ADDRESS: 1790 40th Terrace SW,Naples
Investigator Silvero Lopez presented the case.
Evidence entered: Composite Exhibit A: 6 photos dated 3/1/18.
The violation remains as of 3/2/18
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 this case
by April 2, 2018.
2. Abate all violations by obtaining all required Collier County Building Permit(s)for repairs
of the deteriorated and/or decayed exterior surfaces on commercial structure or Demolition
Permit(s) to remove said commercial structure, request all required inspections and
Certificate of Completion/Occupancy by July 2, 2018 or a fine of$200.00 per day will be
imposed until the violation has been abated.
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: $112.00
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEPM20170012229
OWNER: Yolanda Fonseca Est.
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(i),
22-231(12)(c),and 22-242.Vacant unsecured mobile home with roof damage and broken windows.
FOLIO NO: 66880200006
VIOLATION ADDRESS: 312 South 6th Street, Immokalee
Date of Heating Notice by Certified Mail: 2/14/18
Date of Hearing Notice Property/Courthouse Posting: 2/14/18
The Respondents were not present.
Supervisor Perez presented the case noting the violation has not been abated.
Special Magistrate Order: 12/1/17
Fine Amount: $250.00/day
Duration: 59 days
Total Fine Amount: $14,750.00
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March 2, 2018
Unpaid Operational Costs: $214.03
Total to Date: $14,964.03
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$14,964.03. Said amount to
become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. 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.
XI. REPORTS
None
XII. NEXT MEETING DATE —APRIL 6,2018 at 9:00 am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:12 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HE• RING
' /...., ' I __ , '
enda Garre son, Special Magistrate
The Minutes were approved by the Special Magistrate on v t1 Cst ab t g , as presented L-� ;
'
or as amended .
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