CESM Minutes 09/21/2018 September 21, 2018
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 21, 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 C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Danny Blanco, Code Enforcement Specialist
Helen Buchillon, Administrative Secretary
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 21, 2018
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECI AL 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 COLLI ER
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: CELU20170012403
OWNER: Betsavet Damaris Roseblum
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. Illegal outside storage consisting of but not limited to,
metals, barrels, appliances, tanks, tools, plastics, etc.
FOLIO NO: 62104400007
VIOLATION 5430 Catts Street, Naples, FL
ADDRESS:
2. CASE NO: CESD20170012391
OWNER: Betsavet Damaris Roseblum
OFFICER: Jonathan Musse
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). An
aluminum and wood overhang attached to the permitted
concrete shed and a carport located to the left of the dwelling
both built without first obtaining a valid Collier County Permit.
FOLIO NO: 62104400007
VIOLATION 5430 Catts Street, Naples, FL
ADDRESS:
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180010288-CO10501
OWNER: Marie L. Weber
OFFICER: Michael R. Nelson
VIOLATIONS: Noise – Loudspeakers 54-93, Section D(3).
FOLIO NO:
VIOLATION 3042 Cottage Grove Ave, Naples, FL
ADDRESS:
2. CASE NO: CEEX20180009998-PU5709
OWNER: WCI Communities LLC
OFFICER: Jose Quintero
VIOLATIONS: Illegal Tampering, 134-62, Section 1.9
FOLIO NO: 22435301307
VIOLATION 1637 Marton Ct., Naples, FL
ADDRESS:
3. CASE NO: CEEX20180010703-PR59845
OWNER: Lara Maranda-Simaro
OFFICER: Park Ranger Barry Gorniak
VIOLATIONS: Unlawful Parking, Section 130-66
FOLIO NO:
VIOLATION Sudgen Park, Naples, FL
ADDRESS:
4. CASE NO: CEPM20180004277
OWNER: David T. Stephens
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c), 22-231(12)(n), and 22-
228(1). Property has a damaged roof and screened lanai in rear
of house.
FOLIO NO: 52853080005
VIOLATION 2172 Kings Lake Blvd, Naples, FL
ADDRESS:
5. CASE NO: CENA20180003325
OWNER: Anita Flores
OFFICER: Steven Lopez-Silvero
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, Section 2.02.03. Litter
and outside storage of items consisting of but not limited to
indoor furniture, appliances, a plastic crate, concrete blocks, and
a cooler on improved occupied residential property and the
right-of-way.
FOLIO NO: 30683080006
VIOLATION 1415 Tangerine Street, Immokalee, FL
ADDRESS:
6. CASE NO: CEPM20180001125
OWNER: Philadelphia Baptist Church of Naples Inc
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof of this building in
disrepair.
FOLIO NO: 64511040003
VIOLATION 3150 Barrett Ave., Naples, FL
ADDRESS:
7. CASE NO: CENA20180003734
OWNER: Kevin Condon
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d). Prohibited exotics consisting of
but not limited to, Melaleuca, Java Plum, and possibly Brazilian
Pepper, etc.
FOLIO NO: 60782600001
VIOLATION 5274 Cypress Ln., Naples, FL
ADDRESS:
8. CASE NO: CENA20180006273
OWNER: Witold Gruca and Jolanta Zoppa
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a) and Section 54-181 and Collier
County Land Development Code, 04-41, as amended, Section
2.02.03. Weeds in excess of eighteen inches and litter and
outside storage consisting of but not limited to household items
and furniture.
FOLIO NO: 67284520006
VIOLATION 39 Cajeput Dr., Naples, FL
ADDRESS:
9. CASE NO: CEPM20180007913
OWNER: Ilona Dasbach
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(n) and 22-228(1). Missing pool
enclosure.
FOLIO NO: 55101000006
VIOLATION 224 Pine Valley Cir., Naples, FL
ADDRESS:
10. CASE NO: CEV20180002663
OWNER: Joseph Anderson
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed and inoperable vehicles
on the property.
FOLIO NO: 37868780001
VIOLATION 2140 Randall Blvd, Naples, FL
ADDRESS:
11. CASE NO: CEVR20170019637
OWNER: Aces of Naples LLC
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 4.06.05(H)(6) and 4.06.05(K)(2). Failure to maintain
required landscape canopy trees in a healthy condition in
perpetuity as per approved Site Development Plan SDPA-2005-
AR-8153, and failure to replace required landscaping including
but not limited to approximately forty-five trees total consisting
of Oaks, Magnolias, etc.
FOLIO NO: 764220000065
VIOLATION 14700 Tamiami Trail N, Naples, FL
ADDRESS:
12. CASE NO: CEPM20180003726
OWNER: Robin Okolski
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof in disrepair.
FOLIO NO: 52399800008
VIOLATION 145 Capri Blvd., Naples, FL
ADDRESS:
13. CASE NO: CENA20170019344
OWNER: KSWFL Homesites LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d). Exotic vegetation within a two
hundred radius of an improved property consisting of but not
limited to, Brazilian Pepper, Earleaf Acacia, Java Plum, and
Woman’s Tongue, etc.
FOLIO NO: 77260600008
VIOLATION 180 6th ST., Naples, FL
ADDRESS:
14. CASE NO: CEPM20180006478
OWNER: Gloria Anzualda
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(n), 22-231(12)(b), 22-
231(12)(c), 22-231(12)(i), 22-242 and 22-228(1). Unsecured
vacant dwelling with roof damage, fence damage, exterior wall
damage and broken windows.
FOLIO NO: 63860120002
VIOLATION 302 Washington Ave., Immokalee, FL
ADDRESS:
15. CASE NO: CEPM20180008544
OWNER: Anthony J. Russo
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1), 22-231(12)(i), and 22-
231(12)(c). Broken and missing windows panel, damaged
soffits and torn or missing screen panels on the lanai.
FOLIO NO: 49530280005
VIOLATION 2 Creek Cir., Naples, FL
ADDRESS:
16. CASE NO: CENA20180008787
OWNER: Dafang Yuan
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(b). Weeds in excess of eighteen
inches within thirty feet of primary structure.
FOLIO NO: 38454560003
VIOLATION 6641 Sandalwood Lane, Naples, FL
ADDRESS:
17. CASE NO: CEA20180008390
OWNER: Thomas M. Aiello and Shari Cosme Aiello
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 4.02.07. Keeping livestock animals on this property
totaling more than the allowed five for the particular acreage
and keeping a pig on the property.
FOLIO NO: 36765241000
VIOLATION 3440 7th Ave SW, Naples, FL
ADDRESS:
18. CASE NO: CEPM20180008108
OWNER: William E. Anthony and Deanna B. Anthony
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Damaged roof in need of
repairs.
FOLIO NO: 50865003726
VIOLATION 1 Abilene Trail, Naples, FL
ADDRESS:
19. 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:
20. CASE NO: CEPM20180002511
OWNER: Bess Sember EST
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15), 22-231(12)(l), and 22-228(1).
Pool that is green, stagnant, and not properly maintained,
ripped, or missing screen panels from the pool enclosure, and a
damage pool enclosure.
FOLIO NO: 55252560000
VIOLATION 130 Palmetto Dunes Cir., Naples, FL
ADDRESS:
21. 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:
22. 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:
B. EMERGENCY CASES
1. CASE NO: CEPM20180010081
OWNER: Steven J. Stilton EST
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(2). No water supplied to an occupied
dwelling.
FOLIO NO: 738680006
VIOLATION 120 Andrea Ln., Naples, FL
ADDRESS:
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEV20180003210
OWNER: Belot S. Branchedor and Maritane Branchedor-Dumel
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed vehicle.
FOLIO NO: 25967800920
VIOLATION 14676 Apalachee St., Naples, FL
ADDRESS:
2. CASE NO: CEPM20150010212
OWNER: Alejandra Brito Embriz
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-229. Occupied dwelling declared a
dangerous building by the building inspector.
FOLIO NO: 63856040002
VIOLATION 612 Jefferson Ave W, Immokalee, FL
ADDRESS:
3. CASE NO: CEPM20180005540
OWNER: Okeechobee GGE Trust
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b), 22-231(12)(c), 22-
231(12)(l). Roof, exterior siding and screens in disrepair.
FOLIO NO: 31142501287
VIOLATION 58 Enchanting Blvd, Naples, FL
ADDRESS:
4. CASE NO: CEAU20170015420
OWNER: Fritz Delus and Ange Philien
OFFICER: Benjamin Plourd
VIOLATIONS: Florida Building Code, Fifth Edition 2014, Section 105.1. Fence
installed prior to obtaining permits, also Permit No. 2006080610
for a six-foot wooden fence is expired.
FOLIO NO: 25967801822
VIOLATION 14535 Abiaka Way, Naples, FL
ADDRESS:
5. CASE NO: CENA20180002818
OWNER: Deri Clark
OFFICER: Joseph Mucha
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.
Litter and debris throughout the property.
FOLIO NO: 00767520001
VIOLATION 15081 Oak Tree Dr. Naples, FL
ADDRESS:
6. CASE NO: CEV20180002815
OWNER: Deri Clark
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable and unregistered vehicles
parked throughout the property.
FOLIO NO: 00767520001
VIOLATION 15081 Oak Tree Dr., Naples, FL
ADDRESS:
7. CASE NO: CENA20170010865
OWNER: Thomas A. Johns Sr.
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Section 54-179 and Collier
County Land Development Code, 04-41, as amended, Section
2.02.03. Litter and/or outside storage of items including but not
limited to, miscellaneous metals, plastics, and other litter.
FOLIO NO: 435560005
VIOLATION 6911 Johns Road, Naples, FL
ADDRESS:
8. CASE NO: CEPM20170017470
OWNER: William J. Fotre Jr.
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 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 2948 Orange Street, Naples, FL
ADDRESS:
9. CASE NO: CEV20180001521
OWNER: Valerie A. Dunlap
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle parked in the
front yard.
FOLIO NO: 77411440004
VIOLATION 1297 Trail Terrace Dr., Naples, FL
ADDRESS:
10. CASE NO: CEPM20170016043
OWNER: Rita Martino
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n). Private pool enclosure in
disrepair.
FOLIO NO: 53953720002
VIOLATION 304 Nason Lane, Naples, FL
ADDRESS:
11. CASE NO: CEPM20170013286
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Deteriorated roof consisting
of damaged and or missing shingles, also soffit and fascia
damage.
FOLIO NO: 38101960008
VIOLATION 2930 70th Street SW, Naples, FL
ADDRESS:
12. CASE NO: CESD20180001549
OWNER: Keri C. Johnson
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and 2017 Florida Building Code,
Sixth Edition, Chapter 4, Section 454.2.17. Unsecure swimming
pool missing an approved pool barrier in the rear yard of
improved occupied residential property.
FOLIO NO: 60580000845
VIOLATION 8137 Ronda Ct., 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 OCTOBER 5, 2018 AT 9:00 A.M.
XII. ADJOURN
September 21, 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 GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 9:03 A.M.
All those testifying at the proceeding did so under oath.
Prior to conducting the Hearing, the Respondents had the 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 V.B – Hearings, the following cases were moved to V.A – Stipulations:
20. CASE NO: CEPM20180002511 - Bess Sember EST
5. CASE NO: CENA20180003325 - Anita Flores
21. CASE NO: CEROW20170005070 - Antonia Garcia and Minerva Garcia
Under Item V.B – Hearings, the following cases were withdrawn:
3. CASE NO: CEEX20180010703 - PR59845 - Lara Maranda-Simaro
8. CASE NO: CENA20180006273 - Witold Gruca and Jolanta Zoppa
9. CASE NO: CEPM20180007913 - Ilona Dasbach
10. CASE NO: CEV20180002663 - Joseph Anderson
13. CASE NO: CENA20170019344 - KSWFL Homesites LLC
14. CASE NO: CEPM20180006478 - Gloria Anzualda
16. CASE NO: CENA20180008787 - Dafang Yuan
17. CASE NO: CEA20180008390 - Thomas M. Aiello and Shari Cosme Aiello
19. CASE NO: CESD20180000557 - Melvin R. Creasey and Nancy B. Creasey
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
8. CASE NO: CEPM20170017470 - OWNER: William J. Fotre Jr
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the August 3, 2018 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CELU20170012403
September 21, 2018
3
OWNER: Betsavet Damaris Roseblum
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. Illegal outside storage
consisting of, but not limited to, metals, barrels, appliances, tanks, tools,
plastics, etc.
FOLIO NO: 62104400007
VIOLATION ADDRESS: 5430 Catts Street, Naples, FL
Cases 1 and 2 were combined.
2. CASE NO: CESD20170012391
OWNER: Betsavet Damaris Roseblum
OFFICER: Jonathan Musse
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). An aluminum and wood overhang
attached to the permitted concrete shed and a carport located to the left of the
dwelling; both built without first obtaining a valid Collier County Permit.
FOLIO NO: 62104400007
VIOLATION ADDRESS: 5430 Catts Street, Naples, FL
The Respondent was not present but submitted the request in writing.
Special Magistrate Garretson CONTINUED the case for 90 days.
V. STIPULATIONS
1. CASE NO: CEPM20180002511
OWNER: Bess Sember EST
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15), 22-231(12)(l), and 22-228(1). Pool that is green, stagnant, and not
properly maintained, ripped, or missing screen panels from the pool enclosure,
and a damaged pool enclosure.
FOLIO NO: 55252560000
VIOLATION ADDRESS: 130 Palmetto Dunes Cir., Naples, FL
Investigator Musse represented the County.
The Stipulation was entered into by the Respondent’s representative Joseph Piomolli, Esq. on
September 21, 2018.
Special Magistrate Garretson found the Respondent GUILTYof the alleged violation and ordered
them to:
1. Pay the Operational Costs of $112.00 incurred by Code Enforcement during the prosecution
of the case on or before December 21, 2018.
2. Chemically treat the pool water to kill the algae and provide bi-weekly treatments to maintain
clean pool water and filtration system on or before December 21, 2018 or a fine of 250.00 per
day will be imposed for each day the violation remains thereafter or;
September 21, 2018
4
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards on or before December 21, 2018 or a fine of $250.00 per day will
be imposed for each day the violation remains thereafter.
4. Notify a 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
Break: 9:43 a.m.
Reconvened: 10:07 a.m.
2. 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 2003-37 requires that necessary repairs are the
responsibility of the property owner.
FOLIO NO: 00762360004
VIOLATION ADDRESS: 11431 Trinity Pl., Naples, FL
Investigator Plourd requested the hearing.
The Stipulation was entered into by Minerva Garcia on September 21, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
October 21, 2018.
2. Obtain all required Collier County Right-Of-Way permit(s) and inspections through tot
issuance of a final approval to bring the Right-Of-Way access to a permitted condition by
December 21, 2108 or a fine of $100.00 per day will be imposed until the violation has been
abated thereafter.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County 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: CENA20180003325
OWNER: Anita Flores
OFFICER: Steven Lopez-Silvero
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,
Section 2.02.03. Litter and outside storage of items consisting of, but not limited
September 21, 2018
5
to, indoor furniture, appliances, a plastic crate, concrete blocks, and a cooler on
improved occupied residential property and the right-of-way.
FOLIO NO: 30683080006
VIOLATION ADDRESS: 1415 Tangerine Street, Immokalee, FL
Investigator Lopez-Silvero requested the hearing.
The Stipulation was entered into by Anita Flores on September 21, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
her to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
October 21, 2018.
2. Remove all unauthorized accumulation of litter from the property or store items within a to a
site intended for final disposal or ceasing and removing all outside storage of items at property
by October 21, 2018 or a fine of $100.00 per day will be imposed until the violation has been
abated thereafter.
3. Notify a 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: $111.95
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEPM20150010212
OWNER: Alejandra Brito Embriz
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-229. Occupied dwelling declared a dangerous building by the building
inspector.
FOLIO NO: 63856040002
VIOLATION ADDRESS: 612 Jefferson Ave W, Immokalee, FL
Alejandra Brito Embriz was present and testified she does not speak English fluently.
Manager Letourneau withdrew the case.
Special Magistrate Garretson notified Ms. Embriz the case had previously been delayed for the
same reason and the case will proceed at the next hearing date with or without a translator
present.
V. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180010288-CO10501
OWNER: Marie L. Weber
OFFICER: Michael R. Nelson
VIOLATIONS: Noise – Loudspeakers 54-93, Section D (3).
FOLIO NO: 23371200008
September 21, 2018
6
VIOLATION ADDRESS: 3042 Cottage Grove Ave, Naples, FL
Officer Nelson represented the County.
Marie Weber was present and testified:
That she received a Citation for noise on August 8, 2019 due to a neighbor complaint.
Her son is a musician and has a band, who rehearses at the residence.
They were using the garage when the complaint occurred and subsequently converted the
family room in their home at great expense into a studio. The work included extensive
sound proofing of the area to remedy the issue.
The situation is a neighbor issue, as the person who filed the complaint likes to leave the
exterior doors to the house open.
Officer Nelson testified:
That Officers have responded to the residence 4 times due to calls from the neighbor.
A sound analysis was completed and the decibel level outside of the garage was 85 – 90
decibels. The County’s Ordinance allows a maximum level of 72 decibels and accordingly
was issued the citation.
He has returned to the residence since the studio was constructed in the family room and the
noise level is in conformance with County requirements.
He recommended the fines be waived as the owner addressed the violation.
Special Magistrate Garretson, after hearing the testimony UPHELD issuance of the Citation
and ordered the Ms. Weber to pay Operational Costs in the amount of $50.00 and a $5.00
Administrative Fee by October 21, 2018.
Total Amount Due: $55.00
2. CASE NO: CEEX20180009998-PU5709
OWNER: WCI Communities LLC
OFFICER: Jose Quintero
VIOLATIONS: Illegal Tampering, 134-62, Section 1.9
FOLIO NO: 22435301307
VIOLATION ADDRESS: 1637 Marton Ct., Naples, FL.
Jack Turner, Director of Construction for Lennar Homes represented the Respondent and
testified that a grader damaged the backflow preventer and the painter obtained water in violation
of County codes.
Investigator Quintero represented the County
Evidence Entered: Composite Exhibit A: 4 photos dated 8/2/18
He testified that the Citation was issued on August 2, 2018 and is a repeat violation as the
Respondent was issued a $1,000.00 fine and other costs for a similar violation in November of
2017.
Mr. Turner noted that the company has over 300 homes under construction in the County and
does constantly inspect their construction sites, but that at periodic times a violation does occur.
Special Magistrate Garretson suggested that a policy be initiated whereby warning signs are
posted by the developer. They should be near the devices during construction, notifying the sub-
September 21, 2018
7
contractors or others on the prohibition of obtaining water illegally and the penalty associated
with the activity.
Special Magistrate Garretson, after reviewing the evidence and hearing the testimony
UPHELD issuance of the Citation and ordered the Respondent to pay a $1000.00 fine, $50.00
in Operational Costs and a $5.00 Administrative Fee, for a total amount due of $1,055.00 by
October 21, 2018.
Total Amount Due: $1,055.00
4. CASE NO: CEPM20180004277
OWNER: David T. Stephens
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(c), 22-231(12)(n), and 22- 228(1). Property has a damaged roof and
screened lanai in rear of house.
FOLIO NO: 52853080005
VIOLATION ADDRESS: 2172 Kings Lake Blvd, Naples, FL
Investigator Johnson represented the County noting the violation is a result of damage from
Hurricane Irma and no permits have been applied for the repair of the residence, which is
unoccupied.
Evidence entered: Composite Exhibit A: 5 photos
Mr. Stephens was present and testified:
The process to repair the damage is extensive as a structural engineering report was
required and has been completed.
He has obtained a construction schedule and cost pricing for the work.
The main delay involves a settlement with the insurance company who had not
approved any funds until recently. The funds were an initial award of $47,000 to begin
the repair work.
The approval of funds needs to be sent to the mortgage holder who has to approve the
work. With no funds in hand, the contractor has not begun work.
He anticipates a timeline of 90 days for the issuance of permits and 60 days for the
construction work.
He requested an extension of time to abate the violation.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered him to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
October 21, 2018.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), inspections and Certificate of Completion/Occupancy for all repairs renovations
and rehabilitations that may be required to return this structure to a fully permitted state
by April 21, 2019 or a fine of $250.00 per day will be imposed until the violation has been
abated.
September 21, 2018
8
3. Notify a 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: $111.95
6. CASE NO: CEPM20180001125
OWNER: Philadelphia Baptist Church of Naples, Inc.
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Roof of this building in disrepair.
FOLIO NO: 64511040003
VIOLATION ADDRESS: 3150 Barrett Ave., Naples, FL
Office Johnson represented the County.
Evidence Entered: Composite Exhibit A: 3 photos dated 7/29/18
Jean Claude Simon (Head Pastor), Marius Saint Fleur and Shama Saint Fleur represented the
Respondent and testified that the residence was damaged by Hurricane Irma and they are awaiting
an insurance settlement before repairing the structure. The dwelling is unoccupied at this time and
they requested a continuance in the case.
Investigator Johnson did not object to the request.
Special Magistrate Garretson CONTINUED the case until December 7, 2018 and in the interim,
requested the Respondent’s representatives to update the Code Enforcement Division on the
status of the insurance claim.
Break: 11:45 a.m.
Reconvened: 12:01 p.m.
7. CASE NO: CENA20180003734
OWNER: Kevin Condon
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). Prohibited exotics consisting of, but not limited to, Melaleuca, Java
Plum, and possibly Brazilian Pepper, etc.
FOLIO NO: 60782600001
VIOLATION ADDRESS: 5274 Cypress Ln., Naples, FL
Mr. Condon was present.
Investigator Musse, Giguerre and Manager Letourneau represented the County.
Evidence entered: Composite Exhibit A: 3 photos dated 3/5/18
He testified:
He observed the presence of exotics on the property in violation of County Codes.
September 21, 2018
9
He spoke to Mr. Condon who notified him he would obtain the necessary County permits
to abate the violation.
It was determined a mechanical clearing permit could not be issued and the invasive
species were required to be removed manually.
The area is in a wetland and after receiving estimates for the work, Mr. Condon informed
him he would be doing the work himself and requsted a year to abate the violation.
Mr. Condon was present and testified:
That the exotics were removed from the area 10 years ago and the species have returned.
The area is currently flooded due to the rainy season, which limits access, however he has
done some work to remediate the issue.
He requested clarification on the requirements for removing the species and disposing of
the waste.
He requested a year to abate the violation as at the end of the rainy season his business
increases and free time is a factor.
Investigator Giguere reported the Ordinance requires the property to be free of exotics into
perpituity and they invasavie species ma y be removd by girdling the trees or poisening the
species however, you cannot bury the remains on site. The owner can self maintain the area
including plucking and pulling the new growth every 6 months.
Special Magistrate Garretson after heaing the testimony and reviewing the evidence found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of this case by
October 21, 2018.
2. Remove all Collier County Prohibited Exotic vegetation that exists within a 200 foot radius
of any abutting, improved property without the use of heavy machinery. 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 tracer dye by September 21, 2019 or a fine
of $100.00 per day will be imposed until the violation has been abated.
3. Notify a 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
VII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEAU20170015420
OWNER: Fritz Delus and Ange Philien
OFFICER: Benjamin Plourd
VIOLATIONS: Florida Building Code, Fifth Edition 2014, Section 105.1. Fence installed prior
to obtaining permits, also Permit No. 2006080610 for a six-foot wooden fence
has expired.
FOLIO NO: 25967801822
September 21, 2018
10
VIOLATION ADDRESS: 14535 Abiaka Way, Naples, FL
Supervisor Mucha represented the County and reported that the violation has been abated, but
Operational costs in the amount of $111.80 from a previous hearing and $111.65 for today’s
hearing have not been paid.
Special Magistrate Garretson GRANTED the County’s Motion for Imposition of Fines for a
total amount due of $111.80.
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
11. CASE NO: CEVR20170019637
OWNER: Aces of Naples LLC
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections
4.06.05(H)(6) and 4.06.05(K)(2). Failure to maintain required landscape canopy
trees in a healthy condition in perpetuity, as per approved Site Development
Plan SDPA-2005- AR-8153, and failure to replace required landscaping,
including, but not limited to, approximately forty-five trees, total consisting of
Oaks, Magnolias, etc.
FOLIO NO: 764220000065
VIOLATION ADDRESS: 14700 Tamiami Trail N, Naples, FL
Date of Hearing Notice by Certified Mail: 9/7/18
Date of Hearing Notice Property/Courthouse Posting: 9/6/18 Investigator Giguere presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 2 aerial photos of the property.
Exhibit B: 1 Copy of the previously approved site plan
Composite Exhibit C: 8 photos dated 8/16/18
Exhibit D: 1 Copy of new Insubstantial Change to the Site Plan
The violation remains as of September 21, 2018
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of the case by
October 21, 2018.
2. Replace any and all missing required landscape plantings as noted on approved
Insubstantial Change PL20180001906 by November 6, 2018, in Florida grade number one
and in sizes that meet minimum standards of 25 gallon, 10-foot height, 1.75 inch caliper as
measured 12 inches above the ground and 4-foot canopy spread, or a fine of $100.00 per
day will be imposed until the violation is abated.
3. Notify a 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.
September 21, 2018
11
Total Amount Due: $111.95
VII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. CASE NO: CENA20180002818
OWNER: Deri Clark
OFFICER: Joseph Mucha
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. Litter and debris throughout the property.
FOLIO NO: 00767520001
VIOLATION ADDRESS: 15081 Oak Tree Dr. Naples, FL
Ms. Clark was present.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5535 Page: 3798
Fine Amount: $50.00/day
Duration: (32 days)
Total Fine Amount: $1,600.00
Unpaid Operational Costs: $223.45
Total to Date: $1,823.65
The testimony was combined for cases 5 and 6.
Ms. Clark testified that the damage was a result of Hurricane Irma and family health issues, her
financial situation and lack of a vehicle in operating order all have contributed to her inability to
abate the violation.
Special Magistrate Garretson took the case UNDER ADVISEMENT.
6. CASE NO: CEV20180002815
OWNER Deri Clark
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable and unregistered vehicles parked throughout the property.
FOLIO NO: 00767520001
VIOLATION ADDRESS: 15081 Oak Tree Dr., Naples, FL
Ms. Clark was present and testifed in the previous case regarding the matter.
Supervisor Mucha presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5535 Page: 3794
Fine Amount: $50.00/day
Duration: (47 days)
Total Fine Amount: $2,350.00
Unpaid Operational Costs: $223.75
September 21, 2018
12
Total to Date: $2,573.75
Special Magistrate Garretson took the case UNDER ADVISEMENT.
7. CASE NO: CENA20170010865
OWNER: Thomas A. Johns Sr.
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and Section 54-179 and Collier County Land Development Code, 04-41,
as amended, Section 2.02.03. Litter and/or outside storage of items, including,
but not limited to, miscellaneous metals, plastics, and other litter.
FOLIO NO: 00435560005
VIOLATION ADDRESS: 6911 Johns Road, Naples, FL
Investigator Plourd represented the County and reported the violation has been abated.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
12. CASE NO: CEPM20180003726
OWNER: Robin Okolski
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Roof in disrepair.
FOLIO NO: 52399800008
VIOLATION ADDRESS: 145 Capri Blvd., Naples, FL
Date of Hearing Notice by Certified Mail: 9/7/18
Date of Hearing Notice Property/Courthouse Posting: 9/5/18 Investigator Athey presented the case and eported Ms. Okoloski is out of the area for work but
submitted an answer to the complaint in writing. However, the Special Magistrate noted they
were not adequate defenses to the violation.
Evidence entered: Composite Exhibit A: 3 photos dated 3/14/18
Exhibit B: 1 aerial photo of the property
The violation remains as of September 21, 2018
Finding the Notice was properly served, Special Magistrate Garretson found the Respondent
GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
October 21, 2018.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), inspections and Certificate of Completion for the repairs to the roof outlined in
the Notice of Violation by September 28, 2018 or a fine of $250.00 per day will be imposed
until the violation has been abated.
September 21, 2018
13
3. Notify a 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: $111.95
15. CASE NO: CEPM20180008544
OWNER: Anthony J. Russo
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(12)(i), and 22- 231(12)(c). Broken and missing windows
panel, damaged soffits and torn or missing screen panels on the lanai.
FOLIO NO: 49530280005
VIOLATION ADDRESS: 2 Creek Cir., Naples, FL.
Date of Hearing Notice by Certified Mail: 9/7/18
Date of Hearing Notice Property/Courthouse Posting: 9/5/18 Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 6 photos dated 6/22/18
The violation remains as of September 21, 2018
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of the case by
October 21, 2018.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), inspections and Certificate of Completion for the repair or replacement of
soffits, windows, and screening in the lanai by October 21, 2018 or a fine of $100.00 per
day will be imposed until the violation has been abated.
3. Notify a 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
18. CASE NO: CEPM20180008108
OWNER: William E. Anthony and Deanna B. Anthony
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Damaged roof in need of repairs.
FOLIO NO: 50865003726
VIOLATION ADDRESS: 1 Abilene Trail, Naples, FL
September 21, 2018
14
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/5/18 Investigator Musse presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 6/7/18
Composite Exhibit B: 2 photos dated 9/20/18
The violation remains as of September 21, 2018
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of the case by
October 21, 2018.
2. Obtain all required Collier County Building Permits, inspections and Certificate of
Completion and repair for the roof by October 21, 2018 or a fine of $100.00 per day will be
imposed until the violation has been abated.
3. Notify a 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: $111.95
22. 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 ADDRESS: 45 Derhenson Dr., Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18 Investigator Plourd presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo dated 12/18/17
Exhibit B: 1 aerial photo of the property
The violation remains as of September 21, 2018
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of the case by
October 21, 2018.
September 21, 2018
15
2. Removing the shipping container from the property by September 28, 2018 or a fine of
$50.00 per day will be imposed until the violation has been abated.
3. Notify a 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: $111.90
B. Emergency Cases
1. CASE NO: CEPM20180010081
OWNER: Steven J. Stilton EST
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(2). No water supplied to an occupied dwelling.
FOLIO NO: 00738680006
VIOLATION ADDRESS: 120 Andrea Ln., Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18 Investigator Athey presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photo
Exhibit B: 1 aerial photo of the property
The violation remains as of September 21, 2018
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of this case by
October 21, 2018.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit(s) and
inspections and Certificate of Completion for repairs needed to restore water service to a
permitted condition by September 28, 2018 or a fine of $250.00 per day will be imposed
until the violation has been abated.
3. Notify a 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
VI. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
September 21, 2018
16
1. CASE NO: CEV20180003210
OWNER: Belot S. Branchedor and Maritane Branchedor-Dumel
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed vehicle.
FOLIO NO: 25967800920
VIOLATION ADDRESS: 14676 Apalachee St., Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/10/18
The Respondents were not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5535 Page: 3766
Fine Amount: $50.00/day
Duration: (56 days)
Total Fine Amount: $2,800.00
Unpaid Operational Costs: $111.85
Total to Date: $2,911.85
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 $2,911.85.
Said amount to become a lien on the property with fines continuing to accrue.
3. CASE NO: CEPM20180005540
OWNER: Okeechobee GGE Trust
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(b), 22-231(12)(c), 22- 231(12)(l). Roof, exterior siding and screens
in disrepair.
FOLIO NO: 31142501287
VIOLATION ADDRESS: 58 Enchanting Blvd, Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18
The Respondents were not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5535 Page: 3763
Fine Amount: $250.00/day
Duration: (70 days)
Total Fine Amount: $17,500.00
Unpaid Operational Costs: $223.75
Total to Date: $17,723.75
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
$17,723.75. Said amount to become a lien on the property with fines continuing to accrue.
September 21, 2018
17
9. CASE NO: CEV20180001521
OWNER: Valerie A. Dunlap
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable vehicle parked in the front yard.
FOLIO NO: 77411440004
VIOLATION ADDRESS: 1297 Trail Terrace Dr., Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18
The Respondent was not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5535 Page: 3771
Fine Amount: $100.00/day
Duration: (70 days)
Total Fine Amount: $7,000.00
Unpaid Operational Costs: $223.80
Total to Date: $7,223.80
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 $7,223.80.
Said amount to become a lien on the property with fines continuing to accrue.
10. CASE NO: CEPM20170016043
OWNER: Rita Martino
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(n). Private pool enclosure in disrepair.
FOLIO NO: 53953720002
VIOLATION ADDRESS: 304 Nason Lane, Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18
The Respondent was not present.
Investigator Athey presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5475 Page: 669
Fine Amount: $200.00/day
Duration: (67 days)
Total Fine Amount: $13,400.00
Unpaid Operational Costs: $223.80
Total to Date: $13,623.80
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
$13,623.80. Said amount to become a lien on the property with fines continuing to accrue.
September 21, 2018
18
11. CASE NO: CEPM20170013286
OWNER: Elias Valencia
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Deteriorated roof consisting of damaged and or missing shingles,
also soffit and fascia damage.
FOLIO NO: 38101960008
VIOLATION ADDRESS: 930 70th Street SW, Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/11/18
The Respondent was not present.
Investigator Hoagboon presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5475 Page: 663
Fine Amount: $100.00/day
Duration: (228 days)
Total Fine Amount: $22,800.00
Unpaid Operational Costs: $223.55
Total to Date: $23,023.55
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
$23,023.55. Said amount to become a lien on the property with fines continuing to accrue.
12. CASE NO: CESD20180001549
OWNER: Keri C. Johnson
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4,
Section 454.2.17. Unsecured swimming pool missing an approved
FOLIO NO: 60580000845
VIOLATION ADDRESS: 8137 Ronda Ct., Naples, FL
Date of Hearing Notice by Certified Mail: 9/12/18
Date of Hearing Notice Property/Courthouse Posting: 9/7/18
The Respondent was not present.
Investigator Connetta presented the case noting the violation has been partially abated.
Special Magistrate Order: No. 5535 Page: 3781
Fine Amount: Part B: $500.00/day; Part C: $500.00
Duration: Part B: (4 days); Part C: (47 days)
Total Fine Amount: Part B: $2,000.00; Part C: $23,500.00
Unpaid Operational Costs: $224.20
Total to Date: $25,724.20
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
September 21, 2018
the County's Motion for Imposition of Fines,for a total amount due of$25,724.20. Said
amount to become a lien on the property with fines continuing to accrue.
VII. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
VIII. 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.
IX. REPORTS
None
X. NEXT MEETING DATE—October 5, 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 1:40 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
►` 040pAt.
e i a . Garretson, s ecial agistrate
The MThutes were approved by the Special Magistrate on 6r) G� S 20 I , as presented
or as amended
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