CESM Minutes 04/06/2018 April 6, 2018
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 6, 2018
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 A.M. 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
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
April 06,2018
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: SO186156 CEEX20180002274
OWNER: Mary Jo Burns
OFFICER: Deputy D. Eliasek
VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped
Space.
FOLIO NO: N/A
VIOLATION
ADDRESS: Waterside Shops Parking Deck L3,Naples
2. CASE NO: SO C011977-CEEX20180003160
OWNER: Ivan Modosanov
OFFICER: Corporal Arnold
VIOLATIONS: Code of Laws and Ordinances, Section 130-67. Handicapped
Space.
FOLIO NO: N/A
VIOLATION
ADDRESS: 3417 Winifred Row Lane,Naples
3. CASE NO: PU5576-CEEX20180004666
OWNER: D R Horton,Inc.
OFFICER: Natalie Pochmara
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9.
The back leg of the RPZ pulled out of the ground and twisted.
Illegal tampering.
FOLIO NO: 63045034007
VIOLATION
ADDRESS: 14746 Nautilus PI,Naples
4. CASE NO: PU5533-CEEX20180003184
OWNER: D R Horton,Inc.
OFFICER: Olti Sefa
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9.
Backflow twisted and backleg coming up. Illegal tampering.
FOLIO NO: 63045034586
VIOLATION
ADDRESS: 14809 Windward Lane,Naples
5. CASE NO: PU5394-CEEX20180003521
OWNER: Pacifica Laurel Ridge LLC
OFFICER: Robin Goldsboro
VIOLATIONS: Code of Laws and Ordinances, Chapter 118, Section 64. Litter
consisting of but not limited to: piano, chandelier light fixture,
wooden shutters, cardboard boxes, mattresses, blankets,bags of
solid waste, aluminum siding, plywood sheets, shopping carts,
wicker headboard, three tires, and a foul odor from trash
compactor.
FOLIO NO: 36180080008
VIOLATION
ADDRESS: 5460 Laurel Ridge Lane,Naples
6. CASE NO: CEPM20180000762
OWNER: John S.Forszpaniak
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(1). Faulty drain on the bathtub
causing extensive water to Unit#1103 below.
FOLIO NO: 22360022405
VIOLATION
ADDRESS: 2210 Arielle Drive#1104,Naples
7. CASE NO: CEPM20170019484
OWNER: Bradford Baldwin
OFFICER: Stephen.Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c), and 22-231(12)(n). Roof in
disrepair,carport in disrepair,and exterior siding in disrepair.
FOLIO NO: 49532640009
VIOLATION
ADDRESS: 23 Creek Circle,Naples
8. CASE NO: CELU20170018920
OWNER: Janice Anderson
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Land Development Code, 04-41 as amended,
Section 2.02.03 and Collier County Code of Laws and
Ordinances, Chapter 54, Article VI, Section 54-181. Storing of
vehicles, trailers, and other household/construction items in the
rear of the property.
FOLIO NO: 63504040008
VIOLATION
ADDRESS: 3552 Seagrape Avenue,Naples
9. CASE NO: CESD20170015514
OWNER: Miguel R.Martinez Sr.and Juana Martinez
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). No Collier
County demolition permit issued for the removal of the charred
remains of the dwelling that was damaged due to a fire.
FOLIO NO: 60180360008
VIOLATION
ADDRESS: 226 N.4th Street,Immokalee
10. CASE NO: CELU20180001203
OWNER: Winifred T.Pike
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Land Development Code 04-41 as amended,
Section 2.02.03, Collier County Code of Laws and Ordinances,
Article III, Chapter 130, Section 130-97(2), and Collier County
Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181. Litter/outside storage consisting of but not limited to:
tires, appliances, buckets, household items. Additionally, a
commercial trailer is parked in the front yard.
FOLIO NO: 63505280003
VIOLATION
ADDRESS: 3577 Seagrape Avenue,Naples
11. CASE NO: CESD20170012267
OWNER: Jacinto Luna
OFFICER: John Connetta
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). New
addition added to the rear of the main structure without first
obtaining the proper Collier County Building Permits and
inspections.
FOLIO NO: 00090840005
VIOLATION
ADDRESS: 1411 Garthie Road,Immokalee
12. CASE NO: CENA20170014395
OWNER: Stratton Associates LLC
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: Brazilian Pepper, Earleaf
Acacia,Air Potato,and World Climbing Fern,etc.
FOLIO NO: 447360002
VIOLATION
ADDRESS: 12100 Tamiami Trail,Naples
13. CASE NO: CENA20180001384
OWNER: Harry Young Est
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 54,
Article VI, Section 54-179 and 54-181 and the Collier County
Land Development Code 04-41 as amended, Section 1.04.01(A)
and 2.02.03. Litter and/or the outside storage of items including
but not limited to: a mobile home and its contents damaged by
Hurricane Irma.
FOLIO NO: 25630720007
VIOLATION
ADDRESS: 203 Colorado Avenue, Immokalee
14. CASE NO: CELU20160019784
OWNER: Mendoza Bros 5 LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 54,
Article VT, Section 54-179 and the Collier County Land
Development Code 04-41 as amended, Section 1.04.01(A) and
2.02.03. Illegal outside storage consisting of but not limited to:
piles of dirt,gravel,pavers,aluminum,pipes,etc.
FOLIO NO: 00728400005
VIOLATION
ADDRESS: 271 Price Street,Naples
15. CASE NO: CESD20170002100
OWNER: Claudia Henao
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Driveway built through the right
of way without the proper Collier County permits.
FOLIO NO: 41940880006
VIOLATION
ADDRESS: 5675 Hidden Oaks Lane,Naples
16. CASE NO: CELU20170019927
OWNER: Gerald Clemons
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Land Development Code 04-41 as amended,
Section 1.04.01(A) and 2.02.03. Car parked on the grass of a
vacant lot.
FOLIO NO: 1134801103
VIOLATION
ADDRESS: 219 Brockington Drive,Copeland
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: CENA20170011622
OWNER: Wayne Ray Finzer
OFFICER: Christopher Harmon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Grass/weeds in excess of 18
inches in height on a mowable lot in a residentially zoned
district.
FOLIO NO: 81731280008
VIOLATION
ADDRESS: 2675 Storter Avenue,Naples
3. 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
4. CASE NO: CEPM20170017470
OWNER: William J.Fotre Jr.
OFFICER: Stephen 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
5. CASE NO: CENA201.70015057
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
6. 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 fora re-roof of a shed.
FOLIO NO: 36245920003
VIOLATION
ADDRESS: 1742 52'Terrace SW, Naples
7. CASE NO: CENA20170011132
OWNER: Glenn McGee
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and 54-181. Litter throughout the
property.
FOLIO NO: 1134801608
VIOLATION
ADDRESS: 216 Brockington Drive,Copeland
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 MAY 4,2018 AT 9:00 A.M.
XII. ADJOURN
April 6, 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 9:00 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 V.A— Stipulations:
• #11 - CASE NO: CESD20170012267 - Jacinto Luna
• #12 - CASE NO: CENA20170014395 - Stratton Associates LLC
• #3 - CASE NO: PU5576-CEEX20180004666 - D R Horton, Inc.
• #4 - CASE NO: PU5533-CEEX20180003184 - D R Horton, Inc.
• #5 - CASE NO: PU5394-CEEX20180003521 - Pacifica Laurel Ridge LLC
Under Item V.B —Hearings, the following cases were withdrawn:
• #1 - CASE NO: SO186156 CEEX20180002274 - Mary Jo Burns
• #6 - CASE NO: CEPM20180000762 - John S. Forszpaniak
• #7 - CASE NO: CEPM20170019484 - Bradford Baldwin
• #8 - CASE NO: CELU20170018920 - Janice Anderson
• #14 - CASE NO: CELU20160019784 - Mendoza Bros 5 LLC
• #15 - CASE NO: CESD20170002100 - Claudia Henao
• #16 - CASE NO: CELU20170019927 - Gerald Clemons
Under Item V.0—Emergency Cases, the following cases were added to the Agenda:
• #1 —CASE NO: CEPM20180005068 —William J. Fotre, Jr.
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the March 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
None
V. STIPULATIONS
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April 6, 2018
1. CASE NO: CESD20170012267
OWNER: Jacinto Luna
OFFICER: John Connetta
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). New addition added to the rear of
the main structure without first obtaining the proper Collier County Building
Permits and inspections.
FOLIO NO: 00090840005
VIOLATION ADDRESS: 1411 Garthie Road, Immokalee
Investigator Connetta requested the hearing.
The Stipulation was entered into by Jacinto Luna on March 26, 2018.
Special Magistrate Garretson 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
May 6, 2018.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or Demolition
Permit(s) and required inspections and Certificate of Completion/Occupancy for the new
addition to the main structure by August 6, 2018 or a fine of$200.00 per day will be imposed
until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County 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
2. CASE NO: CENA20170014395
OWNER: Stratton Associates LLC
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: Brazilian Pepper,
Earleaf Acacia, Air Potato, and World Climbing Fern, etc.
FOLIO NO: 00447360002
VIOLATION ADDRESS: 12100 Tamiami Trail, Naples
Investigator Musse requested the hearing.
The Stipulation was entered into by the Respondent's representative Ryan White of Davidson
Engineering on April 6, 2018.
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
2. Abate all violations by obtaining all removing all Collier County Prohibited Exotic Vegetation
that exists with 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 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 U.S. Environmental Protection Agency approved herbicide containing a visible
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April 6, 2018
tracer dye by August 6, 2018 or a fine of$100.00 per day will be imposed until the violation is
abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's Office to enforce the
provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
Said stipulation subject to the addition of"Davidson Engineering"to the signature area for
Mr. White.
Total Amount Due: $112.10
3. CASE NO: PU5576-CEEX20180004666
OWNER: D R Horton, Inc.
OFFICER: Natalie Pochmara
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9. The back leg of the
RPZ pulled out of the ground and twisted. Illegal tampering.
FOLIO NO: 63045034007
VIOLATION ADDRESS: 14746 Nautilus Pl, Naples
Investigator Pochmara requested the hearing.
The Stipulation was entered into by Respondent's representative Gregory Barker on April 6, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$5,000.00
4. Total Charges are $5,055.00 to be paid by May 6, 2018.
4. CASE NO: PU5533-CEEX20180003184
OWNER: D R Horton, Inc.
OFFICER: Olti Sefa
VIOLATIONS: Code of Laws and Ordinances, Chapter 134-62, Section 1.9. Backflow twisted and
backleg coming up. Illegal tampering.
FOLIO NO: 63045034586
VIOLATION ADDRESS: 14809 Windward Lane, Naples
Investigator Sefa requested the hearing.
The Stipulation was entered into by Respondent's representative Gregory Barker on April 6, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$5,000.00
4. Total Charges are $5,055.00 to be paid by May 6, 2018.
5. CASE NO: PU5394-CEEX20180003521
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April 6, 2018
OWNER: Pacifica Laurel Ridge LLC
OFFICER: Robin Goldsboro
VIOLATIONS: Code of Laws and Ordinances, Chapter 118, Section 64. Litter consisting of but not
limited to: piano, chandelier light fixture, wooden shutters, cardboard boxes,
mattresses,blankets, bags of solid waste, aluminum siding,plywood sheets, shopping
carts, wicker headboard, three tires, and a foul odor from trash compactor.
FOLIO NO: 36180080008
VIOLATION ADDRESS: 5460 Laurel Ridge Lane,Naples
Investigator Pochmara requested the hearing.
The Stipulation was entered into by Respondent's representative Gregory Barker on April 6, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered to:
1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case.
2. Pay an Administrative Fee of$5.00 incurred in the processing of this case.
3. Pay Civil Penalty of$500.00
4. Total Charges are$555.00 to be paid by May 6, 2018.
VI. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: SO CO11977-CEEX20180003160
OWNER: Ivan Modosanov
OFFICER: Corporal Arnold
VIOLATIONS: Code of Laws and Ordinances, Section 130-67. Handicapped Space.
FOLIO NO: N/A
VIOLATION ADDRESS: 3417 Winifred Row Lane, Naples
Corporal Arnold was not present.
Mr. Modosanov was present and requested the Citation be Dismissed.
Special Magistrate Garretson GRANTED the Respondent's request and DISMISSED the
Citation.
10. CASE NO: CELU20180001203
OWNER: Winifred T. Pike
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 2.02.03,
Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section
130-97(2), and Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181. Litter/outside storage consisting of but not limited
to: tires, appliances,buckets, household items. Additionally, a commercial
trailer is parked in the front yard.
FOLIO NO: 63505280003
VIOLATION ADDRESS: 3577 Seagrape Avenue,Naples
Virgil Cottingham,realtor for the property was present and notified the owner is deceased as is the
executor of the estate. The property is intended to be cleaned up and placed on the market for sale.
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April 6, 2018
Special Magistrate Garretson noted Mr. Cottingham had no standing in the case and
CONTINUED the case until June 6, 2018.
B. EMERGENCY CASES
1. CASE NO: CEPM20180005068
OWNER: William J. Fotre, Jr.
OFFICER: Investigator Athey
VIOLATIONS: Collier County Land Development Code Chapter 22 Buildings and Building
Regulations, Article VI Property Maintenance Code, Section 22-231 (11),
22-231 (2), and 22-231 (19). No electricity or water supplied to an occupied
dwelling.
FOLIO NO: 29830760009
VIOLATION ADDRESS: 2948 Orange St., Naples
Investigator Athey represented the County.
Evidence Entered: Exhibit A: 1 photo dated 2/20/18
Exhibit B: 1 photo dated 3/20/18
He testified the dwelling is occupied without proper water or electrical service and Mr. Fotre
the violation has not abated following the notification by the County.
Mr. Fotre and Mary Springfield (friend) were present and testified:
• The unauthorized persons are living on the premise; Mr. Fotre has a friend acting as
property manager and took advantage of the situation.
• He has been attempting to have the occupants removed however he does not have the
funds available to initiate an eviction proceeding.
• They sought assistance from the Sheriffs Office, however one of the occupants was
able to produce a rent receipt for the property.
• Although there are code violations, the building has not been declared a"Dangerous
Building"requiring it be vacated under a different section of County Codes.
Discussion occurred between all parties with the County recommending he contact the Clerk of
Court's Office to determine if there is a program whereby eviction fees are waived in certain
circumstances and/or contact the Legal Aid Service of Collier County for assistance.
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 August 6, 2018.
2. Restore water to the property with an active account with Collier County Public
Utilities or vacate the property until an active account with Collier County Public
Utilities is obtained and water has been restored to the property by May 6, 2018 or pay
a fine of$250.00 a day until the violation is abated.
3. Restore electricity including obtaining all required permits inspections and Certificate
of Completion for repairs to the electrical systems of the dwelling and obtaining and
maintaining an active account with Florida Power and Lighting or vacating the
property until such time that the electricity is restored with an active account with
Florida Power and Light by May 6, 2018 or pay a fine off$250.00 for each day the
violation continues.
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April 6, 2018
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: $112.00
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEPM20170017470
OWNER: William J. Fotre Jr.
OFFICER: Stephen 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
Special Magistrate Garretson, based on Mr. Fotre's preceding Emergency Case, CONTINUED
the case with the County having the ability to return it for a hearing in the future. The fines to
date are $9,800.00 and will continue to accrue.
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: 01214921408
VIOLATION ADDRESS: 34 E. Flamingo Drive, Everglades City
Mr. Pennel was present.
Supervisor Perez presented the case noting the violation has been abated however not in the
prescribed time frame.
Special Magistrate Order: 12/1/17 No. 5457 Page: 3932
Fine Amount: $100.00/day
Duration: 1/31/18 —3/22/18 (79 days)
Total Fine Amount: $7,900.00
Unpaid Operational Costs: $111.85
Total to Date: $8,011.85
Special Magistrate DENIED the County's Motion for Imposition of Fines given the violation
has been abated.
6. CASE NO: CESD20170006603
OWNER: Thomas Valdes
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April 6, 2018
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 52nd Terrace SW, Naples
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 1/5/18 No. 5457 Page: 3932
Fine Amount: $100.00/day
Duration: 2/6/18—4/6/18 (60 days).
Total Fine Amount: $6,000.00
Unpaid Operational Costs: $223.78 ($112.05 previously and $111.73 for today's proceeding)
Total to Date: $6,223.78
Mr.Valdes was present and his daugher in law Rosana Padron interpreted for him.
Ms. Padron reported:
• Mr. Valdes was in Cuba when he experienced a serious health issue and did not return in
his anticipated time frame.
• When he did return,he found the notice posted on the property.
• He obtained a permit for the shed,however it expired without the final inspections.
• He has re-applied for the permit and will be abating the violations.
• He requested 30 days to resolve the matter.
Special Magistrate Garretson CONTINUED the case until the June meeting and ordered the
Respondent to pay the operatoin costs of$112.05 as soon as possible.
Break: 10:37 a.m.
Reconvened: 10:55 a.m.
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
9. CASE NO: CESD20170015514
OWNER: Miguel R. Martinez Sr. and Juana Martinez
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). No Collier County demolition permit
issued for the removal of the charred remains of the dwelling that was damaged due
to a fire.
FOLIO NO: 60180360008
VIOLATION ADDRESS: 226 N. 4th Street, Immokalee
Date of Hearing Notice by Certified Mail: 3/20/18
Date of Hearing Notice Property/Courthouse Posting: 3/20/18
Investigator presented the case.
The Respondents were not present.
Evidence Entered: Exhibit A: 1 photo dated 8/29/17
Exhibit B: 1 photo dated 9/29/17
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April 6, 2018
Exhibit C: 1 photo dated 1/10/18
Exhibit D: 1 photo dated 4/5/18
The violation remains as of April 6, 2018.
Special Magistrate Garretson 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
May 6, 2018.
2. Abate all violations by obtaining all required Collier County Demolition Permit and all
inspections and Certificate of Completion/Occupancy for demolition of the structure by
June 6, 2018 or a fine of$100.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County 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
13. CASE NO: CENA20180001384
OWNER: Harry Young, Est
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179 and 54-181 and the Collier County Land Development Code 04-41 as
amended, Section 1.04.01(A) and 2.02.03. Litter and/or the outside storage of
items including but not limited to: a mobile home and its contents damaged by
Hurricane Irma.
FOLIO NO: 25630720007
VIOLATION ADDRESS: 203 Colorado Avenue, Immokalee
Date of Hearing Notice by Certified Mail: 3/20/18
Date of Hearing Notice Property/Courthouse Posting: 3/20/18
Investigator presented the case.
The Respondents were not present.
Evidence Entered: Composite Exhibit A: 2 photos dated 1/25/18
Composite Exhibit B: 3 photo dated 3/2/18
Exhibit C: 1 photo dated 4/5/18
The violation remains as of April 6, 2018.
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
May 6, 2018.
2. Abate all violations by obtaining all required Collier County Demolition Permit and all
required inspections and Certificate of Completion to ensure all utilities are properly
disconnected, and removing all unauthorized accumulation of litter from the property to a
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April 6, 2018
site intended for final disposal by April 20, 2018 or a fine of$100.00 per day will be
imposed until the violation is abated.
3. Notify Code Enforcement when the violation has been abated in order to conduct a site
inspection to confirm the violation has been abated. If the Respondent fails to abate the
violation the County may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County 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
IX. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
2. CASE NO: CENA20170011622
OWNER: Wayne Ray Finzer
OFFICER: Christopher Harmon
VIOLATIONS: County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Grass/weeds in excess of 18 inches in height on a mowable lot in a
residentially zoned district.
FOLIO NO: 81731280008
VIOLATION ADDRESS: 2675 Storter Avenue,Naples
Date of Hearing Notice by Certified Mail: 3/21/18
Date of Hearing Notice Property/Courthouse Posting: 3/21/18
The Respondent was not present.
Supervisor Short presented the case noting the violation has been abated by the County.
Special Magistrate Order: 9/1/17 No. 5436 Page: 3696
Fine Amount: $50.00/day
Duration: 9/9/17— 1/16/18 (130 days)
Total Fine Amount: $6,500.00
Unpaid Operational Costs: $226.95
Unpaid Abatement Costs: $100.00
Total to Date: $6,826.95
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$6,826.95.
Said amount to become a lien on the property.
3. 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
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April 6, 2018
Date of Hearing Notice by Certified Mail: 3/21/18
Date of Hearing Notice Property/Courthouse Posting: 3/21/18
The Respondent was not present.
Investigator Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 2/2/18 No. 5476 Page: 2480
Fine Amount: $100.00/day
Duration: 3/3/18 —4/6/18 (35 days)
Total Fine Amount: $3,500.00
Unpaid Operational Costs: $223.63
Total to Date: $3,723.63
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$3,723.63.
Said amount to become a lien on the property with fines continuing to accrue.
5. 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
Date of Hearing Notice by Certified Mail: 3/21/18
Date of Hearing Notice Property/Courthouse Posting: 3/21/18
The Respondent was not present.
Investigator Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: 3/5/18 No. 5475 Page: 656
Fine Amount: $50.00/day
Duration: 2/6/18—4/6/18 (60 days)
Total Fine Amount: $3,000.00
Unpaid Operational Costs: $223.73
Total to Date: $3,223.73
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$3,223.73.
Said amount to become a lien on the property with fines continuing to accrue.
7. CASE NO: CENA20170011132 OWNER: Glenn McGee
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
179 and 54-181. Litter throughout the property.
FOLIO NO: 01134801608
VIOLATION ADDRESS: 216 Brockington Drive, Copeland
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April 6, 2018
Date of Hearing Notice by Certified Mail: 3/21/18
Date of Hearing Notice Property/Courthouse Posting: 3/22/18
The Respondent was not present.
Investigator Mucha presented the case noting the violation has not been abated..
Special Magistrate Order: 1/5/18 No. 5475 Page: 648
Fine Amount: $50.00/day
Duration: 2/6/18—4/6/18 (60 days)
Total Fine Amount: $3,000.00
Unpaid Operational Costs: $111.73
Total to Date: $3,111.73
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$3,111.73.
Said amount to become a lien on the property with fines continuing to accrue.
X. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
XI. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
XII. REPORTS
Manager Letourneau reported this was Ms. Adams last meeting as she accepted a new job and is leaving
County employment and those present thanked her for her work with the Division.
XIII. NEXT MEETING DATE—MAY 4,2018 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 11:26 A.M.
*****
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April 6, 2018
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
n a Garr on, Special Magistrate
The,{inutes were approved by the Special Magistrate on Yl` ` , as presented
V , or as amended
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