CESM Minutes 08/03/2018 August 3, 2018
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 3, 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 C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Danny Blanco, Code Enforcement Specialist
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
August 03, 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: CESD20170012267
OWNER: Jacinto Luna
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). 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 1411 Garthie Road, Immokalee, FL
ADDRESS:
V. STIPULATIONS
1. CASE NO: CESD20180006070
OWNER: Heritage Square Real Est LLC
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 3.05.01(B), 3.05.07(H)(1)(g)(ii), 3.05.08(B),
10.01.02(A), 10.02.03, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i)
and Collier County Code of Laws and Ordinances, Section 54-
92(g). Failure to maintain the required Preserve for U.S. 41 /
Wiggins Pass Road PUD free of Prohibited Exotic Vegetation,
including, but not limited to, Brazilian Pepper, Carrotwood,
Woman’s Tongue, Earleaf Acacia, and Air Potatoe, and free of
nuisance and non-native vegetation, as required by Planned Unit
Development Ordinance 97-46, Section VI Environmental
Standards 6.6, SDP-99-200 and Collier County Land
Development Code. Failure to utilize an annual maintenance
plan under SDP-99-200 to prevent reinvasion of Exotics and
non-native vegetation within the Preserve and elsewhere on the
property, and alteration of land through placement of
gravel/stabilizer as parking surface that removed or otherwise
destroyed vegetation dedicated to the required Preserve of U.S.
41/Wiggins Pass Road PUD and have added/expanded parking
areas contrary to the approved development plans. No on-site or
off-site development or development related activities,
including site preparation or infrastructure construction will be
allowed prior to approval of the otherwise required development
order or development permit including but not limited to: SDP,
SIP, Construction drawings, or clearing permit, except where
early work authorization or early construction authorization has
been approved. Unauthorized outdoor seating area(s). Seating
areas blocking and/or impeding access of common area.
Improvements and/or modifications made to the property
without first obtaining any and all required Collier County
permits. Amplified sound permit on file for the Palette does not
match to current activities. Unauthorized parking areas and
spaces.
FOLIO NO: 152480002
VIOLATION 13514 Tamiami Trl N, Naples, FL
ADDRESS:
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180007012-SO185502
OWNER: Michael M. Broughton
OFFICER: Deputy R. Allen
VIOLATIONS: SO Handicapped Parking 130-67
FOLIO NO:
VIOLATION 13100 Tamiami Trl E, Naples, FL
ADDRESS:
2. CASE NO: CEEX20180008772-PR59523
OWNER: Alex Bruhn
OFFICER: Park Ranger M. Araquistain
VIOLATIONS: PR Boat Ramp Parking 130-66
FOLIO NO:
VIOLATION Gulf Shore, Naples, FL
ADDRESS:
3. CASE NO: CEEX20180009203-PU5396
OWNER: DR Horton LLC
OFFICER: Investigator Robin L. Goldsboro
VIOLATIONS: PU RPZ 134-62, Section 1.9
FOLIO NO:
VIOLATION 665 Hadley Place East, Naples, FL
ADDRESS:
4. CASE NO: CEEX20180009096-DAS23804
OWNER: Ruperto Soto
OFFICER: DAS H. McQueen
VIOLATIONS: DAS Animal At large Section 14-34(I)(B).
FOLIO NO:
VIOLATION Oilwell Rd. and Everglades Blvd, Naples, FL
ADDRESS:
5. CASE NO: CEEX20180009097-DAS23803
OWNER: Ruperto Soto
OFFICER: DAS H. McQueen
VIOLATIONS: DAS Animal At large Section 14-34(I)(B).
FOLIO NO:
VIOLATION Oilwell Rd. and Everglades Blvd, Naples, FL
ADDRESS:
6. CASE NO: CEEX20180009341-DAS24011
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION 1404 Avocado St., Immokalee, FL
ADDRESS:
7. CASE NO: CEEX20180009339-DAS24009
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION 1404 Avocado St., Immokalee, FL
ADDRESS:
8. CASE NO: CEEX20180009340-DAS24010
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION 1404 Avocado St., Immokalee, FL
ADDRESS:
9. CASE NO: CEEX20180009338-DAS24008
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION 1404 Avocado St., Immokalee, FL
ADDRESS:
10. CASE NO: CEAU20180004037
OWNER: Crop Production Services Inc
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Florida Building Code, Sixth Edition, Chapter 1, Part 2, Section
105.1. Unpermitted chain-link fence installed on improved
occupied commercial property.
FOLIO NO: 30630360009
VIOLATION 116 Jerome Drive, Immokalee, FL
ADDRESS:
11. CASE NO: CESD20180006070
OWNER: Heritage Square Real Est LLC
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 3.05.01(B), 3.05.07(H)(1)(g)(ii), 3.05.08(B),
10.01.02(A), 10.02.03, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i)
and Collier County Code of Laws and Ordinances, Section 54-
92(g). Failure to maintain the required Preserve for U.S. 41 /
Wiggins Pass Road PUD free of Prohibited Exotic Vegetation,
including, but not limited to, Brazilian Pepper, Carrotwood,
Woman’s Tongue, Earleaf Acacia, and Air Potatoe, and free of
nuisance and non-native vegetation, as required by Planned Unit
Development Ordinance 97-46, Section VI Environmental
Standards 6.6, SDP-99-200 and Collier County Land
Development Code. Failure to utilize an annual maintenance
plan under SDP-99-200 to prevent reinvasion of Exotics and
non-native vegetation within the Preserve and elsewhere on the
property, and alteration of land through placement of
gravel/stabilizer as parking surface that removed or otherwise
destroyed vegetation dedicated to the required Preserve of U.S.
41/Wiggins Pass Road PUD and have added/expanded parking
areas contrary to the approved development plans. No on-site or
off-site development or development related activities,
including site preparation or infrastructure construction will be
allowed prior to approval of the otherwise required development
order or development permit including but not limited to: SDP,
SIP, Construction drawings, or clearing permit, except where
early work authorization or early construction authorization has
been approved. Unauthorized outdoor seating area(s). Seating
areas blocking and/or impeding access of common area.
Improvements and/or modifications made to the property
without first obtaining any and all required Collier County
permits. Amplified sound permit on file for the Palette does not
match to current activities. Unauthorized parking areas and
spaces.
FOLIO NO: 152480002
VIOLATION 13514 Tamiami Trl N, Naples, FL
ADDRESS:
12. CASE NO: CENA20180003458
OWNER: Garland Campbell and Paul Saunders
OFFICER: Juan Garcia
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, Sections 54-181 and 54-
185(a). Litter, tires, shopping carts, mattresses, furniture, and
overgrown weeds all over the front and rear of the property.
FOLIO NO: 35741240000
VIOLATION 4572 22nd PL SW, Naples, FL
ADDRESS:
13. CASE NO: CEV20180006414
OWNER: Nilsa L. Colon
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Sections 130-95 and 130-97(4). Inoperable
vehicle(s) and commercial trailers being stored on this
residentially single family zoned property.
FOLIO NO: 49481200008
VIOLATION 4118 Dale Ave., Naples, FL
ADDRESS:
14. CASE NO: CENA20180008271
OWNER: Walter P. Landrum and Charlotte Landrum
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds over eighteen (18) inches.
FOLIO NO: 67492880004
VIOLATION 4411 Rose Ave., Naples, FL
ADDRESS:
15. CASE NO: CENA20180003313
OWNER: Robert J. Butcher and Carol A. Butcher
OFFICER: Boris Molina
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code, 04-41, as amended, Sections 1.04.01(A)
and 2.02.03. Litter and/or outside storage throughout the
property consisting of but not limited to automotive tools,
automotive parts, metal, plastic, and other discarded materials.
FOLIO NO: 36515560009
VIOLATION 3001 41st Ter SW, Naples, FL
ADDRESS:
16. CASE NO: CEV20170019846
OWNER: Steven Laupert
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed vehicles being stored on
the property.
FOLIO NO: 769360007
VIOLATION 950 Auto Ranch Rd. No. 18, Naples, FL
ADDRESS:
17. CASE NO: CENA20180002171
OWNER: Steven Laupert
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-179 and 54-181 and Collier County
Land Development Code, 04-41, as amended, Section 2.02.03.
Outside storage of building materials, tools, and other related
debris.
FOLIO NO: 769360007
VIOLATION 950 Auto Ranch RD No. 18, Naples, FL
ADDRESS:
18. CASE NO: CESD20180000557
OWNER: Melvin R. Creasey and Nancy B. Creasey
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Building an
attached utility shed without a permit.
FOLIO NO: 51593320000
VIOLATION 319 Imperial Wilderness Blvd., Naples, FL
ADDRESS:
19. CASE NO: CEAU20170016075
OWNER: Humberto Portal and Milena Alvarez
OFFICER: Joseph Mucha
VIOLATIONS: 2014 Florida Building Code, Fifth Edition, Chapter 1, Part 2,
Section 105.1. Expired permit (2010120609) for a six-foot vinyl
fence.
FOLIO NO: 77390004561
VIOLATION 13618 Legacy Ln., Naples, FL
ADDRESS:
20. CASE NO: CEROW20170005070
OWNER: Antonia Garcia and Minerva Garcia
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Division 1, Section 110-30. Culvert and drainage pipe
has failed, that is, it has collapsed or rusted through. Ordinance
2003-3788 requires that necessary repairs are the responsibility
of the property owner.
FOLIO NO: 00762360004
VIOLATION 11431 Trinity Pl, Naples, FL
ADDRESS:
21. CASE NO: CELU20170019481
OWNER: Steven C. Happney
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. Shipping container on
residential property, no active Building Permit.
FOLIO NO: 49581760008
VIOLATION 45 Derhenson Dr., Naples, FL
ADDRESS:
22. CASE NO: CEV20180006947
OWNER: Jessica Nicole Thompson and Jennifer Diane Thompson
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III,
Chapter 130, Section 130-97(5). Commercial vehicle(s) (pickup
trucks with equipment/materials attached to the ladder racks
extending beyond the length of the vehicle) parked in the
driveway.
FOLIO NO: 62764720004
VIOLATION 839 94th Ave N, Naples, FL
ADDRESS:
23. CASE NO: CELU20180006133
OWNER: Jessica Nicole Thompson and Jennifer Diane Thompson
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 2.02.03. Outside storage of interior furniture, lamps,
rugs, plastic bags and containers, aluminum gutters, wood, etc.
FOLIO NO: 62764720004
VIOLATION 839 94th Ave N, Naples, FL
ADDRESS:
24. CASE NO: CESD20180001882
OWNER: Rookery Bay Business Park LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.13(F). Failure to submit annual PUD Monitoring
Report.
FOLIO NO: 00732800002
VIOLATION No Site Address
ADDRESS:
25. CASE NO: CELU20180007254
OWNER: Jeannene Kelly Sr. and Jeannene Kelly Jr.
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 2.02.03. Illegal outside storage of shelves, plastic
containers, furniture, various other items, and materials not
intended for outdoor use.
FOLIO NO: 62641360008
VIOLATION 694 97th Ave N, Naples, FL
ADDRESS:
26. CASE NO: CEPM20180002875
OWNER: Edward Slasienski
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-231(12)(i). Broken
windows and damage to the roof (soffit and fascia).
FOLIO NO: 29781000009
VIOLATION 1100 Highlands Drive, Naples, FL
ADDRESS:
27. CASE NO: CENA20180006121
OWNER: Malcolm Smith
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code, 04-41, as amended, Sections 1.04.01(A)
and 2.02.03. Litter and outside storage of materials consisting of
but not limited to: appliances, chairs, windows, cardboard,
buckets, barrels, tires, plastic tarps, plastic jugs, hose, auto parts,
bicycle parts, lawn mowers in various states, and various metal
pieces.
FOLIO NO: 1134803509
VIOLATION 215 Old Train Ln, Copeland, FL
ADDRESS:
28. CASE NO: CESD20160021004
OWNER: William Seebold, Lynne G. Seebold, Mikel S. Seebold, and
Lori L. Seebold
OFFICER: Jon Hoagboon
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).
Improvements made without first obtaining any and all required
Collier County Permits.
FOLIO NO: 38100400006
VIOLATION 11170 Livingston Rd., Naples, FL
ADDRESS:
29. CASE NO: CEPM20180006789
OWNER: Maricia Noel Inc
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c), 22-231(12)(n), and 22-
231(15). Vacant home with missing roof soffits panels,
damaged pool enclosure, and unmaintained pool. The pool
covering in place is not being properly maintained.
FOLIO NO: 71373120002
VIOLATION 18445 Royal Hammock Blvd, Naples, FL
ADDRESS:
30. CASE NO: CEV20180003526
OWNER: Enos Lee Brown
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Storage of a travel trailer with
expired license plate on the property.
FOLIO NO: 01212200008
VIOLATION 92 Egret Ln., Everglades City, FL
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: CEPM20170013023
OWNER: S & O LLC
OFFICER: Juan Garcia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1) and 22-240(1)(b). Deteriorated
and/or decayed exterior surfaces on a commercial structure on
improved, unoccupied, commercial property.
FOLIO NO: 35832160002
VIOLATION 1790 40th Terrace SW, Naples, FL
ADDRESS:
2. CASE NO: CEPM20170004345
OWNER: U.S. Bank Trust NA
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(n), 22-231(12)(i), and 22-242.
Unsecured vacant dwelling with broken windows and
dilapidated fence.
FOLIO NO: 35755040005
VIOLATION 4265 20th PL SW, Naples, FL
ADDRESS:
3. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K. Cardenas Orsornio
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted
kitchen remodel.
FOLIO NO: 48481640009
VIOLATION 1024 Manatee Road, Unit C105, Naples, FL
ADDRESS:
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 SEPTEMBER 7, 2018 AT 9:00 A.M.
XII. ADJOURN
August 3, 2018
2
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 C. GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. 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
Danny Blanco, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item VI.A – Hearings, the following cases were moved to V– Stipulations:
#3 - CASE NO: CEEX20180009203-PU5396 - DR Horton LLC
#17 - CASE NO: CEV20170019846 - Steven Laupert
#23 - CASE NO: CELU20180006133 - Jessica Nicole Thompson and Jennifer Diane Thompson
Under Item VI.A – Hearings, the following cases were withdrawn:
#2 - CASE NO: CEEX20180008772-PR59523 - Alex Bruhn
#10 - CASE NO: CEAU20180004037 - Crop Production Services Inc.
#12 - CASE NO: CENA20180003458 - Garland Campbell and Paul Saunders
#13 - CASE NO: CEV20180006414 - Nilsa L. Colon
#15 - CASE NO: CENA20180003313 - Robert J. Butcher and Carol A. Butcher
#16 - CASE NO: CEV20170019846 - Steven Laupert
#18 - CASE NO: CESD20180000557 - Melvin R. Creasey and Nancy B. Creasey
#20 - CASE NO: CEROW20170005070 - Antonia Garcia and Minerva Garcia
#21 - CASE NO: CELU20170019481 - Steven C. Happney
#25 - CASE NO: CELU20180007254 - Jeannene Kelly Sr. and Jeannene Kelly Jr.
#28 - CASE NO: CESD20160021004 - William Seebold, Lynne G. Seebold, Mikel S. Seebold,
and Lori L. Seebold
Under Item VI.B – Emergency Cases, the following cases were added to the Agenda:
#1 - CASE NO: CENA20180008271 - Walter P. Landrum and Charlotte Landrum
Under Item VII.B – Motion for Imposition of Fines and Liens, the following cases were moved to IV. B
– Motion for an Extension of Time:
#3 - CASE NO: CESD20170015106 - Michael Patrick Meyers and Nancy K. Cardenas Orsornio
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES
The minutes of the July 6, 2018 hearing were reviewed by Special Magistrate Garretson and approved
as submitted.
August 3, 2018
3
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CESD20170012267
OWNER: Jacinto Luna
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). 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, FL.
Jose Quintero represented Mr. Luna who was not able to present due to a family emergency.
Officer Connetta represented the County and reported Mr. Luna entered into a stipulation on
April 6, 2018 with the violation to be abated by August 6, 2018. He is seeking an Extension of
Time to abate the violation. The building is secured, however fines will begin to accrue if the
violation is not abated by the prescribed time frame.
Mr. Quintero testified:
Mr. Luna’s delays were attributed to the hiring of a non-responsive contractor and
additionally, in order to meet the setback requirements for the structure, he had to obtain
a portion of land at the rear of his property.
The acquisition has been completed, however he is awaiting the final paperwork required
to merge the lands with his property. The necessary requests have been filed with the
County and are awaiting recording.
Upon the recording of documents, he can apply for the permits necessary to abate the
violation.
He has engaged a new contractor to assist in the matter and requests a 120-day extension
of time to abate the violation.
Special Magistrate Garretson expressed concern the case began in August of 2017 without
substantial progress until this point in time.
Mr. Quintero noted there was a delay as Mr. Luna had to obtain the funds necessary to acquire
the property to the rear of his home in order to abate the violation.
Special Magistrate Garretson CONTINUED the case until the September 7, 2018 hearing date
in order for the Respondent to file an amended motion outlining a valid rationale for the
Extension of Time. The amended motion to include a schedule of the activity necessary to
abate the violation within the additional time frame requested by Mr. Luna.
3. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K. Cardenas Orsornio
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted kitchen remodel.
August 3, 2018
4
FOLIO NO: 48481640009
VIOLATION ADDRESS: 1024 Manatee Road, Unit C105, Naples, FL.
Mr. Myers and Ms. Orsornio were present and testified the original contractor misrepresented
himself and they are working to abate the violation. They have engaged a new contractor and
requested a 90-day Extension of Time to abate the violation.
Supervisor Mucha represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED the Motion for an Extension of Time with the
violation required to be abated by November 2, 2018.
V. STIPULATIONS
1. CASE NO: CESD20180006070
OWNER: Heritage Square Real Est LLC
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.01(B),
3.05.07(H)(1)(g)(ii), 3.05.08(B), 10.01.02(A), 10.02.03, 10.02.06(B)(1)(a),
10.02.06(B)(1)(e)(i) and Collier County Code of Laws and Ordinances, Section
54- 92(g). Failure to maintain the required Preserve for U.S. 41/Wiggins Pass
Road PUD free of Prohibited Exotic Vegetation, including, but not limited to,
Brazilian Pepper, Carrotwood, Woman’s Tongue, Earleaf Acacia, and Air Potato,
and free of nuisance and non-native vegetation, as required by Planned Unit
Development Ordinance 97-46, Section VI Environmental Standards 6.6, SDP-
99-200 and Collier County Land Development Code. Failure to utilize an annual
maintenance plan under SDP-99-200 to prevent reinvasion of Exotics and non-
native vegetation within the Preserve and elsewhere on the property, and
alteration of land through placement of gravel/stabilizer as parking surface that
removed or otherwise destroyed vegetation dedicated to the required Preserve of
U.S. 41/Wiggins Pass Road PUD and have added/expanded parking areas
contrary to the approved development plans. No on-site or off-site development or
development related activities, including site preparation or infrastructure
construction will be allowed prior to approval of the otherwise required
development order or development permit including but not limited to: SDP, SIP,
Construction drawings, or clearing permit, except where early work authorization
or early construction authorization has been approved. Unauthorized outdoor
seating area(s). Seating areas blocking and/or impeding access of common area.
Improvements and/or modifications made to the property without first obtaining
any and all required Collier County permits. Amplified sound permit on file for
the Palette does not match to current activities. Unauthorized parking areas and
spaces.
FOLIO NO: 00152480002
VIOLATION ADDRESS: 13514 TamiamiTrl N, Naples, FL
Investigator Short requested the hearing.
The Stipulation was entered into by the Respondent’s representative Ashley Suarez on August 1,
2018.
The Special Magistrate found the Respondent GUILTY of the alleged violation and ordered
them to:
August 3, 2018
5
1. Pay Operational Costs in the amount of $112.95 incurred in the prosecution of this case by
September 3, 2018.
2. Obtain all required approvals, permits, inspections and Certificate of
Occupancy/Completion by November 3, 2018 or a fine of $200.00 per day will be imposed
until the violation has been abated, unless good cause is shown.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.95
V. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180007012-SO185502
OWNER: Michael M. Broughton
OFFICER: Deputy R. Allen
VIOLATIONS: SO Handicapped Parking 130-67
FOLIO NO:
VIOLATION ADDRESS: 13100 Tamiami Trl E, Naples, FL.
Mr. Broughton was present and testified:
He is disabled due to military service and parked the vehicle at the location in question
and forgot to display his placard issued by the State of Texas.
He has relocated to area and the Texas placard is not recognized by the State of Florida, if
you are a Florida resident.
He is in the process of obtaining a Florida placard.
He was unaware of the laws regarding States issuing handicapped placards.
Deputy Allen testified on the day of the incident, he observed the vehicle parked in an area
reserved for handicapped patrons without displaying the proper placard and accordingly issued
the Citation.
Special Magistrate Garretson DISMISSED the Citation due to Mr. Broughton’s confusion in
the State of Florida’s law regarding handicap parking.
Break: 10:06 a.m.
Reconvened: 10:21 a.m.
VI. PUBLIC HEARINGS (Continued)
B. EMERGENCY CASES
1. CASE NO: CEPM20180009429
OWNER: Walter P. Landrum and Charlotte Landrum
OFFICER: Stephen Athey
VIOLATIONS: Violation of Collier County Code of Laws and Ordinances, Chapter 22, Article
VI, Sections 23 I (12)(i), 22-23 I (9), 22 -23 I ( I I ), 22-23 I (2), 22-236, and
22-231 ( I 9). Dangerous/Hazardous structure with multiple Property
maintenance violations.
August 3, 2018
6
FOLIO NO: 67492880004
VIOLATION ADDRESS: 4411 Rose Ave., Naples, FL.
Officer Athey represented the County.
Evidence Entered: Composite Exhibit A: 5 photos dated 7/16/18
Composite Exhibit B: 4 photos dated 6/12/18
Exhibit C: 1 aerial photo of the property
Officer Athey testified the building was declared a dangerous and hazardous structure by the
County and the violation has not been abated as of today.
Corporal Mike Nelson, Collier County Sheriff’s Office testified the property has been the
subject of numerous complaints over the past 6 – 8 months and has been the site of drug activity.
Mr. Landrum has been non-responsive in addressing the issues and currently there is no
electrical or water service to the home.
Mr. Landrum testified:
He served in the military 29-years and his wife passed away in December of 2017.
He has ejected the homeless individuals who were frequenting the premise and has made
arrangements for the electricity service to be reinstated.
He is working on having the water service reinstated, however he needs additional time
to restore the service and complete the other repairs necessary to abate the violation.
Director Ossorio reported another option is for Mr. Landrum to obtain a boarding permit and
vacate the property.
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 of $112.10 incurred by Code Enforcement during the prosecution
of the case on or before February 3, 2019.
2. Obtain all required Collier County building permits or demolition permit, inspections, and
Certificate of Completion for repairs to the windows, doors and electrical fixtures of the
structure by September 3, 2018 or a fine of $250.00 will be imposed until this portion of the
violation is abated; and restore the interior of dwelling to a sanitary condition so as not to
be considered by the Housing Official to be a dangerous or hazardous structure and
restore electricity and water to the dwelling to a permitted condition from Collier County
approved sources by August 10, 2018 or a fine of $250.00 per day will be imposed until the
this portion of the violation is abated.
3. As an option to #2 listed above, the Respondent may obtain a Collier County Boarding
Certificate and board the structure to the required specifications on or before August 10,
2018 and obtain all required Collier County Building Permits inspections and Certificates
of Completion/Occupancy by February 3, 2019 or a fine of $250.00 per day will be
imposed for each day the violation remains thereafter unless altered by a subsequent
Stipulation or Order of the Special Magistrate.
4. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.10
August 3, 2018
7
A. HEARINGS
14. CASE NO: CENA20180008271
OWNER: Walter P. Landrum and Charlotte Landrum
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds over eighteen (18) inches.
FOLIO NO: 67492880004
VIOLATION ADDRESS: 4411 Rose Ave., Naples, FL.
This order is to be combined with the Order to be issued for Emergency Case
CENA20180008271, Walter P. Landrum and Charlotte Landrum, heard under Item VI.B
Emergency Cases #1. The combining of cases results in the following order for this case with no
Operational Costs imposed:
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered him to:
1. Mow or cause to mow any and all weeds, grass, or other similar non-protected overgrowth
in excess of 18 inches by August 10, 2018 or pay a fine of $250.00 per day will be imposed
until the violation is abated.
2. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
V. STIPULATIONS (Continued)
3. CASE NO: CEEX20180009203-PU5396
OWNER: DR Horton LLC
OFFICER: Investigator Robin L. Goldsboro
VIOLATIONS: PU RPZ 134-62, Section 1.9
FOLIO NO:
VIOLATION ADDRESS: 665 Hadley Place East, Naples, FL.
Investigator Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Joe Marmoleos on August 3,
2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case, an
Administrative Fee of $5.00 and a Civil Penalty of $7,000.00 for a total amount due of $7,055.00
payable before September 3, 2018.
Total Amount Due: $7,055.00
W. PUBLIC HEARINGS (Continued)
A. HEARINGS
4. CASE NO: CEEX20180009096-DAS23804
OWNER: Ruperto Soto
OFFICER: DAS H. McQueen
VIOLATIONS: DAS Animal At large Section 14-34(I)(B).
August 3, 2018
8
FOLIO NO:
VIOLATION ADDRESS: Oilwell Rd. and Everglades Blvd, Naples, FL.
Cases 4 and 5 were combined.
5. CASE NO: CEEX20180009097-DAS23803
OWNER: Ruperto Soto
OFFICER: DAS H. McQueen
VIOLATIONS: DAS Animal At large Section 14-34(I)(B).
FOLIO NO:
VIOLATION ADDRESS: Oil Well Rd. and Everglades Blvd, Naples, FL.
Officer McQueen represented the County and testified the case is in reference to a March 13,
2018 incident for Mr. Soto’s dogs (Rusty and Lacy) running at large. The violation is a re-
occurring event with Rusty being found running at large 5 times resulting in impoundments and
Lacy 4 times.
Mr. Soto testified the dogs are adopted German Shepherds and he has a 2.5 acre fenced in yard
further secured by an invisible fence however the dogs are “runners.” The dogs have been
neutered and he has previously paid the fines issued by the County.
Officer McQueen reported the dogs have tested “heartworm positive” and recommends the fines
be waived ($250.00 for each dog) in lieu of the implementation of heartworm treatment.
Special Magistrate Garretson UPHELD issuance of the Citation and ordered him to pay
$50.00 in Operational Costs and a $5.00 Administrative Fee for each case (total of $110.00)
due by October 3, 2018. Said waiver of fines subject to Mr. Soto providing the status of the
current heartworm treatment initiatives at this point in time and an updated status report from
a licensed veterinarian by October 3, 2018.
VI. STIPULATIONS (Continued)
2. CASE NO: CELU20180006133
OWNER: Jessica Nicole Thompson and Jennifer Diane Thompson
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03.
Outside storage of interior furniture, lamps, rugs, plastic bags and containers,
aluminum gutters, wood, etc.
FOLIO NO: 62764720004
VIOLATION ADDRESS: 839 94th Ave N, Naples, FL.
Officer Ford requested the hearing.
The Stipulation was entered into by the Respondent Jennifer Thompson on August 3, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and then to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
September 3, 2018.
2. Remove all unauthorized outside storage of materials, goods and/or other belongings. Must
move to a permitted enclosed structure or move to a site intended for such storage or to a site
intended for final disposal by September 3, 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
August 3, 2018
9
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.95
3. CASE NO: CEV20170019846
OWNER: Steven Laupert
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-181 and Collier County Land Development Code, 04-41, as
amended, Section 2.02.03. Outside storage of building materials, tools, and other
related debris.
FOLIO NO: 00769360007
VIOLATION ADDRESS: 950 Auto Ranch Rd. No. 18, Naples, FL.
Officer Marchand requested the hearing.
The Stipulation was entered into by the Respondent on August 2, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
him to:
1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by
September 3, 2018.
2. Remove all unauthorized accumulation of litter from the property to a site intended for final
disposal or store items within a completely enclosed structure by September 3, 2018 or a fine
of $50.00 per day will be imposed for each day 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 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: $111.85
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
22. CASE NO: CEV20180006947
OWNER: Jessica Nicole Thompson and Jennifer Diane Thompson
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section
130-97(5). Commercial vehicle(s) (pickup trucks with equipment/materials
attached to the ladder racks extending beyond the length of the vehicle) parked
in the driveway.
FOLIO NO: 62764720004
VIOLATION 839 94th Ave N, Naples, FL.
Officer Ford represented the County.
Evidence Entered: Composite Exhibit A: 2 photos dated 5/4/18
Composite Exhibit B: 4 photos dated 5/11/18
Composite Exhibit C: 2 photos dated 6/4/18
Exhibit D: Zoning map
Exhibit E: Aerial photo of property
August 3, 2018
10
Jennifer Diane Thompson was present stating the violation is being abated.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation and ordered them to pay Operational Costs in
the amount of $112.05
Total Amount Due: $112.05
24. CASE NO: CESD20180001882
OWNER: Rookery Bay Business Park LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.13(F). Failure to submit annual PUD Monitoring Report.
FOLIO NO: 00732800002
VIOLATION ADDRESS: No Site Address
Officer Connetta represented the County.
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 7/25/18
Date of Hearing Notice Property/Courthouse Posting: 7/23/18
Evidence Entered: Exhibit A: Aerial photo of property
Laurie Beard, PUD Monitoring for Collier County testified the violation is a repeat offense
and the reports have not been filed in 2017 and other years.
After finding the notice was properly served, hearing the testimony and reviewing the evidence
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered them to:
1. Pay Operational Costs in the amount of $112.20 incurred in the prosecution of this case by
September 3, 2018.
2. Submit one completed copy of the PUD Annual Monitoring Report from and one executed
affidavit by August 18, 2018 or a fine of $100.00 per day 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 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 $112.20
Break: 12:10 p.m.
Reconvened: 12:22 p.m.
27. CASE NO: CENA20180006121
OWNER: Malcolm Smith
OFFICER: Joseph Giannone
August 3, 2018
11
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A)
and 2.02.03. Litter and outside storage of materials consisting of but not limited to: appliances,
chairs, windows, cardboard, buckets, barrels, tires, plastic tarps, plastic jugs, hose, auto parts,
bicycle parts, lawn mowers in various states, and various metal pieces.
FOLIO NO: 01134803509
VIOLATION ADDRESS: 215 Old Train Ln, Copeland, FL.
Supervisor Mucha represented the County.
Evidence Entered: Composite Exhibit A: 6 photos dated 4/17/18
Composite Exhibit B: 4 photos dated 8/2/18
Debra Smith, daughter of Mr. Smith and heir to the property was present. She noted the
violation is being abated, she just needs additional time to finish the removal of the debris.
After hearing the testimony and reviewing the evidence, Special Magistrate Garretson found
the Respondent GUILTY of the alleged violation and ordered her to:
1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of this case by
December 3, 2018.
2. Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store items in a completely enclosed structure by September 3, 2018 or a
fine of $50.00 per day will be imposed for each day 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 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
6. CASE NO: CEEX20180009341-DAS24011
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION ADDRESS: 1404 Avocado St., Immokalee, FL
7. CASE NO: CEEX20180009339-DAS24009
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION ADDRESS: 1404 Avocado St., Immokalee, FL.
8. CASE NO: CEEX20180009340-DAS24010
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
August 3, 2018
12
VIOLATION 1404 Avocado St., Immokalee, FL ADDRESS:
9. CASE NO: CEEX20180009338-DAS24008
OWNER: Samuel Pesina
OFFICER: DAS P. Morris
VIOLATIONS: DAS Torment/Deprive Chapter 14, Title II, Section 14-35(2)(F).
FOLIO NO:
VIOLATION ADDRESS: 1404 Avocado St., Immokalee, FL
Officer McQueen represented the County and testified the Citations were issued for
unsupervised tethering of dogs and lack of provision of adequate food and water.
The 6 dogs were confiscated with the assistance of the Collier County Sheriff’s Office.
Mr. Pesina was present and testified:
He tethered the dogs but always provided adequate food and water for them and returned
home from work to untangle them from the tethers during his lunch break.
The dog was a stray, which he obtained that ultimately ended up bearing puppies shortly
thereafter.
Ms. McQueen stated there has been $862.00 of costs borne by Domestic Animal Services for
care of the dogs with at least one female testing heartworm positive. The cost of the treatment
for the ailment is approximately $300.00.
Evidence Entered: Composite Exhibit A: 5 photos dated 6/16/18
Composite Exhibit B: 34 photos dated 6/16/18
Composite Exhibit C: 4 photos dated 6/18/18
Composite Exhibit D: 3 photos dated 6/21/18
She recommended:
The maximum fine be imposed for unsupervised tethering of dogs, entangled tethers and
tethering in extreme weather.
Mr. Pesina be prohibited from harboring dogs for a certain amount of time.
Special Magistrate Garretson stated a prohibition on harboring dogs is not within her
jurisdiction.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
UPHELD issuance of the Citation and ordered Mr. Pesina to pay $800.00 in reimbursement
fees for care of the dogs to the County, $100.00 in Operational Costs and a $20.00
Administrative Fee for a total due of $920.00 by March 3, 2019. Additionally, if any other
dogs are harbored, he must document ownership responsibility (proper licenses, vaccination
or any other requirements) to Domestic Animal Services within 10-days of obtaining the
dog(s).
Break: 1:15 p.m.
Reconvened: 1:30 p.m.
19. CASE NO: CEAU20170016075
OWNER: Humberto Portal and Milena Alvarez
OFFICER: Joseph Mucha
VIOLATIONS: 2014 Florida Building Code, Fifth Edition, Chapter 1, Part 2, Section 105.1.
Expired permit (2010120609) for a six-foot vinyl fence.
August 3, 2018
13
FOLIO NO: 77390004561
VIOLATION 13618 Legacy Ln., Naples, FL.
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/23/18
Supervisor Mucha presented the case.
The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 11/2/17
The violation remains as of 8/3/18.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of the case by
September 3, 2018.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit(s) inspections
and Certificate of Completion/Occupancy for the fence by September 3, 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 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: $111.75
26. CASE NO: CEPM20180002875
OWNER: Edward Slasienski
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(c) and 22-231(12)(i). Broken windows and damage to the roof
(soffit and fascia).
FOLIO NO: 29781000009
VIOLATION ADDRESS: 1100 Highlands Drive, Naples, FL.
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/24/18
Officer Hoagboon presented the case noting there has been some abatement but all the work is
not completed.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 2 photos dated 2/22/18
Composite Exhibit B: 2 photos dated 6/19/18
The violation remains as of 8/3/18.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of the case by
September 3, 2018.
August 3, 2018
14
2. Repair and/or replace all windows/roof damage and obtain all required Collier County
Building Permit(s), or Demolition Permit(s) and request all inspections through Certificate
of Completion/Occupancy to repair the windows, roof, fascia and soffit by August 10, 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 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: $111.85
29. CASE NO: CEPM20180006789
OWNER: Maricia Noel, Inc.
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(c), 22-231(12)(n), and 22- 231(15). Vacant home with missing roof
soffit panels, damaged pool enclosure, and unmaintained pool. The pool
covering in place is not being properly maintained.
FOLIO NO: 71373120002
VIOLATION ADDRESS: 18445 Royal Hammock Blvd, Naples, FL.
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/23/18
Supervisor Mucha presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 7 photos dated 5/1/18
The violation remains as of 8/3/18.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $111.80 incurred by Code Enforcement during the
prosecution of the case on or before September 3, 2018.
2. Chemically treat the pool water killing the algae growth, maintaining a filtration system to
keep pool water clean and provide bi-weekly treatments or chemically treat the pool water
killing the algae growth and covering the pool to prevent safety hazards, insect infestations
and the intrusion of rain water before August 17, 2018 or a fine of $250.00 per day will be
imposed for each day the violation remains 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 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: $111.80
August 3, 2018
15
30. CASE NO: CEV20180003526
OWNER: Enos Lee Brown
OFFICER: Joseph Giannone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Storage of a travel trailer with expired license plate on the property.
FOLIO NO: 01212200008
VIOLATION ADDRESS: 92 Egret Ln., Everglades City, FL
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/23/18
Supervisor Mucha presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 4/17/18
The violation remains as of 8/3/18.
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
September 3, 2018.
2. Obtain and affix a current license plate to each vehicle not stored within the confines of a
completely enclosed structure, or store said vehicles within in a completely enclosed
structure, and/or repair defects so vehicle is immediately operable or remove offending
vehicles from residentially zoned area by August 10, 2018 or a fine of $50.00 per day 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 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
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20170013023
OWNER: S & O LLC
OFFICER: Juan Garcia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1) and 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, FL.
Officer Garcia and Torrez presented the case.
August 3, 2018
16
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/23/18
The Respondents were not present.
Special Magistrate Order: No. 5493 Page: 467
Fine Amount: $200.00/day
Duration: 32 days
Total Fine Amount: $6,400.00
Unpaid Operational Costs: $111.70
Total to Date: $6,511.70
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 $6,511.70. Said
amount to become a lien on the property with fines continuing to accrue.
2. CASE NO: CEPM20170004345
OWNER: U.S. Bank Trust NA
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Articl e VI,
Sections 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 20th PL SW, Naples, FL.
Officer Connetta and Guy presented the case.
Date of Hearing Notice by Certified Mail: 7/23/18
Date of Hearing Notice Property/Courthouse Posting: 7/24/18
The Respondents were not present.
Special Magistrate Order: No. 5451 Page: 1146
Fine Amount: $250.00/day
Duration: 240 days
Total Fine Amount: $60,000.00
Unpaid Operational Costs: $227.50
Total to Date: $60,227.50
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson
GRANTED the County’s Motion for Imposition of Fines for a total amount due of $60,227.50.
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.
None
August 3, 2018
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
X. REPORTS
None
XI. NEXT MEETING DATE - FRIDAY, SEPTEMBER 7, 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 2:01 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
!, / c
B 'n.a C. Garre"n, Special Magistrate
The inutes were approved by the Special Magistrate on SoC AA , as presented
, or as amended
17