CESM Minutes 05/04/2018 May 4, 2018
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 4, 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: Jeff Letourneau, Manager of Investigations
Danny Blanco, Administrative Secretary
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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
May 04, 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: 80185702-CEEX20180005322
OWNER: David J.Ordway
OFFICER: Deputy D.Browning
VIOLATIONS: SO Handicapped Parking SO 130-67
FOLIO NO:
VIOLATION
ADDRESS:
2. CASE NO: 80186174-CEEX20180005213
OWNER: John Lepre
OFFICER: Deputy D. Eliasek
VIOLATIONS: SO Handicapped Parking SO 130-67
FOLIO NO:
VIOLATION
ADDRESS:
3. CASE NO: PR59242-CEEX20180005389
OWNER: Anthony J.Naples
OFFICER: Park Ranger M. Araquistain
VIOLATIONS: Failure to display paid parking receipt PR 130-66.
FOLIO NO:
VIOLATION
ADDRESS:
4. CASE NO: PR58970-CEEX20180006227
OWNER: Catherine M.Bepko
OFFICER: Park Ranger B. Gorniak
VIOLATIONS: PR Boat Ramp Parking PR 130-66
FOLIO NO:
VIOLATION
ADDRESS:
B. EMERGENCY CASES
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20170007266
OWNER: Richard J.Agar
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(19) and 22-231(12)(c). Damaged
fascia and an infestation of bats in the dwelling.
FOLIO NO: 55200720009
VIOLATION 171 Muirfield Cir,Naples,FL
ADDRESS:
2. CASE NO: CENA20170010865
OWNER: Thomas A.Johns Sr.,Thomas A.Johns Jr.EST,and
Tammy L.Johns Combs
OFFICER: Banjamin 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 6911 Johns Rd.,Naples,FL
ADDRESS:
3. CASE NO: CELU20180000437
OWNER: Angelo B Campanello and Diane M Campanello
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 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 141 1"ST,Naples,FL
ADDRESS:
4. CASE NO: CEV20170013229
OWNER: Illane Hilaire
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Vehicle with expired tags.
FOLIO NO: 48600001128
VIOLATION 12159 Fuller Ln,Naples,FL
ADDRESS:
VIII.OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. 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 Section 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 5330 Broward St.,Naples,FL
ADDRESS:
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 JUNE 1,2018 AT 9:00 A.M.
XII. ADJOURN
May 4, 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 Garretson called the Hearing to order at 9:03 A.M. All those
testifying at the proceeding did so under oath.
II. APPROVAL OF AGENDA
Mr. Blanco, Administrative Secretary noted the following changes (listed below as Agenda item
numbers):
Under Item VI.A—Hearings, the following cases were withdrawn:
• #3 - CASE NO: PR59242-CEEX20180005389 - Anthony J. Naples
• #4 - CASE NO: PR58970-CEEX20180006227 - Catherine M. Bepko
Under VII.B—Motion for Imposition of Fines, the following case was withdrawn:
• #2 - CASE NO: CENA20170010865 - Thomas A. Johns Sr., Thomas A. Johns Jr. EST, and
Tammy L. Johns Combs
• #4 - CASE NO: CEV20170013229 - Illane Hilaire
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the April 6, 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
None
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: 50185702-CEEX20180005322
OWNER: David J. Ordway
OFFICER: Deputy D. Browning
VIOLATIONS: SO Handicapped Parking SO 130-67
The Respondent was not present and Mr. Blanco testified Mr. Ordway was given proper notice for
the hearing.
Officer Browning was present and testified:
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May 4, 2018
• He responded to the Hawthorn Suites at 3557 Pine Ridge Road to address a complaint
about a vehicle occupying a parking space reserved for handicapped individuals
• He observed the vehicle and verified the owner was a guest at the hotel and requested he
meet him at the vehicle.
• After a period of time, the Respondent did not appear, however a woman notified him Mr.
Ordway had surgery and could not speak.
• He also observed a fake handicap parking placard in the vehicle and subsequently issued
the citation.
Evidence Entered: Exhibit A: 1 photo of the fake handicap parking placard
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD
the issuance of the Citation and ordered the Respondent to pay a fine in the amount of$250.00,
Operational Costs of$50.00 and an Administrative Fee of$5.00 for a total amount due of
$305.00 payable by June 4, 2018.
2. CASE NO: 50186174-CEEX20180005213
OWNER: John Lepre
OFFICER: Deputy D. Eliasek
VIOLATIONS: SO Handicapped Parking SO 130-67
The Respondent was not present and Mr. Blanco testified Mr. Lepre was given proper notice
for the hearing.
Officer Eliasek was present and testified:
• He was on routine patrol when he observed a vehicle occupying a parking space reserved
for handicapped individuals without displaying the proper placard.
• He inspected the vehicle and did not observe any placard inside the vehicle that may have
been forgotten to be displayed by the owner.
• Accordingly he issued the citation.
Evidence Entered: Composite Exhibit A: 2 photos of the vehicle in question
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD
the issuance of the Citation and ordered the Respondent to pay a fine in the amount of$250.00,
Operational Costs of$50.00 and an Administrative Fee of$5.00 for a total amount due of
$305.00 payable by June 4, 2018.
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20170007266
OWNER: Richard J. Agar
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(19) and 22-231(12)(c). Damaged fascia and an infestation of bats in the
dwelling.
3
May 4, 2018
FOLIO NO: 55200720009
VIOLATION ADDRESS: 171 Muirfield Cir, Naples, Fl.
Date of Hearing Notice by Certified Mail: 4/23/18
Date of Hearing Notice Property/Courthouse Posting: 4/17/18
The Respondent was not present and Mr. Blanco testified Mr. Agar was given proper notice for
the hearing.
Supervisor Musse presented the case noting the violation has been abated by the County.
Special Magistrate Order: No. 5451 Page: 1130
Fine Amount: Part B: $100.00/day; Part C: $100.00/day
Duration: Part B: 12/7/17—2/26/17 (82 days); Part C: 11/11/17—2/26/18 (118 days)
Total Fine Amount: Part B: $8,200.00: Part C: $10,800.00
Unpaid Abatement Costs: $2,900.00
Unpaid Operational Costs: $227.15
Total to Date: $22,127.15
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$22,127.15. Said amount
to become a lien on the property.
3. CASE NO: CELU20180000437
OWNER: Angelo B Campanello and Diane M Campanello
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections
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 ST,Naples, FL
Date of Hearing Notice by Certified Mail: 4/23/18
Date of Hearing Notice Property/Courthouse Posting: 4/24/18
The Respondents were not present and Mr. Blanco testified Mr. and Mrs. Campanello was given
proper notice for the hearing.
Supervisor Musse presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5493 Page: 475
Fine Amount: $100.00/day
Duration: 3/10/18 — 5/4/18 (56 days)
Total Fine Amount: $5,600.00
Unpaid Operational Costs: $223.68
Total to Date: $5,823.68
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$5,823.68. Said amount to
become a lien on the property with fines continuing to accrue.
VIII. OLD BUSINESS
4
May 4, 2018
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. 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 Section 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 St., Naples, FL.
Mr. Blanco reported the County's motion is a result of the Order issued in the case not including
a citation of the Ordinance in question.
Special Magistrate Garretson GRANTED the County's Motion to Amend the Previoulsy
Issued Order.
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.
None
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
X. REPORTS
None
XI. NEXT MEETING DATE —JUNE 1, 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 9:50 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
OA�! %.��r�.•`
nda Gar • son, Special Magistrate
The Minutes were approved by the Special Magistrate onikm �"� d0 is , as presented
V, or as amended
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