CESM Minutes 12/07/2018 December 7, 2018
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 7, 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: Jeff Letourneau, Manager of Inspectors
Danny Blanco, Code Enforcement Specialist
Helen Buchillon, Administrative Secretary
S&E0y
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3"d Floor
Naples, FL 34112
December 07, 2018
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTES
IV. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
V. STIPULATIONS
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180013159-S0186492
OWNER: Pamela B.Dolney
OFFICER: Deputy D. Eliasek
VIOLATIONS: SO Handicapped Parking Section 130-67
FOLIO NO:
PROPERTY
ADDRESS:
2. CASE NO: CEEX20180012468-S0185503
OWNER: Raymond Martvniak
OFFICER: Deputy R. Allen
VIOLATIONS: SO Handicapped Parking Section 130-67
FOLIO NO:
PROPERTY
ADDRESS:
3. CASE NO: CEEX20180013380-PR59926
OWNER: Carol Chruniak
OFFICER: Park Ranger M. Araquistain
VIOLATIONS: PR Unlawful Area Section 130-66
FOLIO NO:
PROPERTY
ADDRESS:
4. CASE NO: CEEX20180011479-PR59173
OWNER: Christopher J.Reilly
OFFICER: Park Ranger C. English
VIOLATIONS: PR Handicapped Space Section 130-67.
FOLIO NO:
PROPERTY
ADDRESS:
5. CASE NO: CEEX20180014414-PR59380
OWNER: George E.Fries
OFFICER: Park Ranger J. Sullivan
VIOLATIONS: PR Unlawful Area Section 130-66.
FOLIO NO:
PROPERTY
ADDRESS:
6. CASE NO: CESD20180006069
OWNER: Manuela Valle
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(I)(a). Unpermitted accessory structures
consisting of a detached covered terrace and two aluminum
sheds in the rear yard of improved occupied residential property.
FOLIO NO: 63852560052
PROPERTY 1011 New Market Road W. Immokalee, FL
ADDRESS:
7. CASE NO: CEPM20180002144
OWNER: Clovis L.Hicks Jr.
OFFICER: Boris Molina
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15), Collier County Land
Development Code. 04-41, as amended, Section
10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition,
2017, Chapter 4, Sections 454.2.17.1 through 454.2.17.3.
Unmaintained pool and no pool safety barrier.
FOLIO NO: 35994840008
PROPERTY 4564 25'Ct SW,Naples,FL 34116
ADDRESS:
8. CASE NO: CEPM20180010711
OWNER: Terry Dilozir
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof and soffit in disrepair.
FOLIO NO: 36129040009
PROPERTY 4913 18''Ave SW, Naples,FL
ADDRESS:
9. CASE NO: CENA20180006453
OWNER: William Rennie and Gloria B. Rennie
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 outside storage throughout the property
consisting of but not limited to metal, plastic, appliances, tools,
and other discarded materials.
FOLIO NO: 36434720001
PROPERTY 3173 53rd St. SW Naples, FL
ADDRESS:
10. CASE NO: CENA20180006614
OWNER: Omar W.Ventura and Esther Melgar
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 2.02.03 and
1.04.01(A). Litter and outside storage throughout the property
consisting of but not limited to wood, metal, plastic, tools,
appliances,and other discarded materials.
FOLIO NO: 36432680004
PROPERTY 5455 31'PL SW Naples,FL
ADDRESS:
11. CASE NO: CEAU20170015623
OWNER: Odonel Joseph Romelus,Nathalie Romelus,Cathia Claire
Juste, Ernest Abellard and Raunie Abellard
OFFICER: Jonathan Musse
VIOLATIONS: Florida Building Code, Fifth Edition, 2014, Chapter 1, Part 2,
Section 105.1. Damaged wooden fence that was built without
first obtaining the required Collier County Permit.
FOLIO NO: 54900400002
PROPERTY 101 Willow Creek Ln, Naples, FL
ADDRESS:
12. CASE NO: CESD20180006363
OWNER: Norma A. Martinez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and Florida Building Code, Sixth
Edition, 2017, Chapter 1, Section 105.1. Fence and carport both
erected without first obtaining the authorization of the required
permits, inspections, and certificate of occupancy as required by
Collier County Building.
FOLIO NO: 39381800000
PROPERTY 340 le ST SE,Naples,FL
ADDRESS:
13. CASE NO: CEPM20180007508
OWNER: Immokalee Mobile Home PKS LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c) and Section 22-231(12)(i).
Vacant mobile home with roof damage and broken windows.
FOLIO NO: 60380480005
PROPERTY 2916 Max Dr. lmmokalee, FL
ADDRESS:
14. CASE NO: CEPM20180007502
OWNER: Immokalee Mobile Home PKS LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22.
Article VI, Sections 22-231(12)(c) and 22-231(12)(i). Vacant
mobile home with roof damage and broken windows.
FOLIO NO: 60380600005
PROPERTY 2909 Max Dr. Immokalee,FL
ADDRESS:
15. CASE NO: CEPM20180007454
OWNER: Immokalee Mobile Home PKS LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b), 22-231(12)(c), and 22-
231(12)(i). Vacant mobile home with roof damage, broken
windows and exterior wall damage.
FOLIO NO: 60380520004
PROPERTY 2914 Max Drive, Immokalee,FL
ADDRESS:
16. CASE NO: CENA20180010333
OWNER: Sergio A.Valdes Jr.
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 1.04.01(A) and Collier County Code of Laws and
Ordinances, Chapter 54, Article VI, Section 54-179. Remains of
metal structure/shed on the property.
FOLIO NO: 1208320002
PROPERTY 122 Cardinal Ct., Everglades City, FL
ADDRESS:
17. CASE NO: CEPM20180007865
OWNER: MTG Equity Coversion Trust
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n). Pool enclosure was damaged
and never replaced or repaired after Hurricane Irma.
FOLIO NO: 80469700521
PROPERTY 884 Villa Florenza Dr.Naples, FL
ADDRESS:
18. CASE NO: CENA20180011079
OWNER: Susan Amez
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds and grass over eighteen
inches.
FOLIO NO: 67490440006
PROPERTY 4106 Rose Ave.,Naples, FL
ADDRESS:
19. CASE NO: CEPM20180001381
OWNER: Maria Gutierrez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b), 22-231(12)(i), and 22-
228(1). Vacant mobile home with exterior wall damage and
broken windows.
FOLIO NO: 25582040000
PROPERTY 106 S 7111 St., Immokalee,FL
ADDRESS:
20. CASE NO: CEV20180011145
OWNER: Sabin Barto
OFFICER: Michele McGonagle
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a). Boat on a trailer parked in the
front yard.
FOLIO NO: 24930400002
PROPERTY 2140 Harbor Lane,Naples, FL
ADDRESS:
21. CASE NO: CEV20180006871
OWNER: Norma A.Martinez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Two utility trailers with no tags
affixed to them and a white car with an expired tag parked on
improved property.
FOLIO NO: 39381800000
PROPERTY 340 16`x' St. SE,Naples,FL
ADDRESS:
22. CASE NO: CENA20180010464
OWNER: Fabian Hernandez
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-179, 54-181, and 54-185(a). Litter and
debris consisting of plastic, metal, aluminum, wood on the
property. Also,observed weeds over eighteen inches.
FOLIO NO: 63852160009
PROPERTY No Site Address
ADDRESS:
B. EMERGENCY CASES
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
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.
1. CASE. NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
PROPERTY
ADDRESS:
X. REPORTS
XI. NEXT MEETING DATE-FRIDAY JANUARY 4, 2019 AT 9:00 A.M.
XII. ADJOURN
December 7, 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 9:11 AM. All
those testifying at the proceeding did so under oath.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without
being punitive.
II. APPROVAL OF AGENDA
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:
11. CASE NO: CEAU20170015623 OWNER: Odonel Joseph Romelus, Nathalie Romelus,
Cathia Claire Juste, Ernest Abellard and Raunie Abellard
12. CASE NO: CESD20180006363 OWNER: Norma A. Martinez
21. CASE NO: CEV20180006871 OWNER: Norma A. Martinez
7. CASE NO: CEPM20180002144 OWNER: Clovis L. Hicks Jr.
19. CASE NO: CEPM20180001381 OWNER: Maria Gutierrez
Under Item V.B – Hearings, the following cases were withdrawn:
2. CASE NO: CEEX20180012468-SO185503 – OWNER Raymond Martyniak
3. CASE NO: CEEX20180013380-PR59926 OWNER: Carol Chruniak
4. CASE NO: CEEX20180011479-PR59173 OWNER: Christopher J. Reilly
5. CASE NO: CEEX20180014414-PR59380 OWNER: George E. Fries
9. CASE NO: CENA20180006453 OWNER: William Rennie and Gloria B. Rennie
10. CASE NO: CENA20180006614 OWNER: Omar W. Ventura and Esther Melgar
13. CASE NO: CEPM20180007508 OWNER: Immokalee Mobile Home PKS LLC
14. CASE NO: CEPM20180007502 OWNER: Immokalee Mobile Home PKS LLC
15. CASE NO: CEPM20180007454 OWNER: Immokalee Mobile Home PKS LLC
16. CASE NO: CENA20180010333 OWNER: Sergio A. Valdes Jr.
17. CASE NO: CEPM20180007865 OWNER: MTG Equity Coversion Trust
18. CASE NO: CENA20180011079 OWNER: Susan Amez
20. CASE NO: CEV20180011145 OWNER: Sabin Barto
22. CASE NO: CENA20180010464 OWNER: Fabian Hernandez
Special Magistrate Garretson approved the Agenda as modified.
III. APPROVAL OF MINUTES
The minutes of the September 21, 2018 and October 5, 2018 hearing were reviewed by Special
Magistrate Garretson and approved as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
December 7, 2018
3
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
1. CASE NO: CEAU20170015623
OWNER: Odonel Joseph Romelus, Nathalie Romelus, Cathia Claire Juste, Ernest Abellard and
Raunie Abellard
OFFICER: Jonathan Musse
VIOLATIONS: Florida Building Code, Fifth Edition, 2014, Chapter 1, Part 2, Section 105.1.
Damaged wooden fence that was built without first obtaining the required Collier
County Permit.
FOLIO NO: 54900400002
PROPERTY ADDRESS: 101 Willow Creek Ln, Naples, FL
Supervisor Mucha requested the hearing.
The Stipulation was entered into by the Nathalie Romelus on December 4, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered them to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by
January 7, 2019.
2. Obtain all required Collier County Building Permit(s), inspections and Certificate of
Completion by February 7, 2019 or a fine of $100.00 per day will be imposed until the
violation has been abated.
3. Notify the 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
2. CASE NO: CESD20180006363
OWNER: Norma A. Martinez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a) and Florida Building Code, Sixth Edition, 2017, Chapter 1,
Section 105.1. Fence and carport both erected without first obtaining the
authorization of the required permits, inspections, and certificate of occupancy as
required by Collier County Building.
FOLIO NO: 39381800000
PROPERTY ADDRESS: 340 16th ST SE, Naples, FL.
Investigator Rodriguez requested the hearing.
The Stipulation was entered into by Norma Martinez on December 7, 2018 .
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered her to:
1. Pay Operational Costs in the amount of $112.10 incurred in the prosecution of this case by
January 7, 2019.
December 7, 2018
4
2. Obtain all required Collier County Building Permit(s) for the unpermitted fence and carport
or Collier County Demolition Permit(s) to remove the fence, required inspections and
issuance of a Certificate of Occupancy/Completion by April 7, 2019 or a fine of $50.00 per
day will be imposed until the violation has been abated.
3. Notify the 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
3. CASE NO: CEV20180006871
OWNER: Norma A. Martinez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Two utility trailers with no tags affixed to them and a white car with an
expired tag parked on improved property.
FOLIO NO: 39381800000
PROPERTY ADDRESS: 340 16th St. SE, Naples, FL
Investigator Rodriguez requested the hearing.
The Stipulation was entered into by Norma Martinez on December 7, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
January 7, 2019.
2. Obtain and affix a current valid license plate to each vehicle not stored within the confines
of a completely enclosed structure, or store said vehicles within a completed enclosed
structure, and/or repair defects so vehicle is immediately operable or remove offending
vehicles from residentially zoned area by February 7, 2019 or a fine of $50.00 per day will be
imposed until the violation has been abated.
3. Notify the 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
4. CASE NO: CEPM20180002144
OWNER: Clovis L. Hicks Jr.
OFFICER: Boris Molina
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(15), Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition, 2017, Chapter 4,
Sections 454.2.17.1 through 454.2.17.3. Unmaintained pool and no pool safety
barrier.
FOLIO NO: 35994840008
December 7, 2018
5
PROPERTY ADDRESS: 4564 25th Ct SW, Naples, FL 34116
Mr. Molina testified to the requirements of the stipulation entered into by the parties.
Mr. Hicks expressed reservations on the requirements to chemically treat the water or cover the pool
as it is now empty and he pumps it out if water accumulates in it during storm events.
After a brief discussion between the parties, the case was set for a hearing on today’s docket.
5. CASE NO: CEPM20180001381
OWNER: Maria Gutierrez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
231(12)(b), 22-231(12)(i), and 22- 228(1). Vacant mobile home with exterior wall
damage and broken windows.
FOLIO NO: 25582040000
PROPERTY ADDRESS: 106 S 7th St., Immokalee, FL.
Investigator Connetta requested the hearing.
The Stipulation was entered into by the Maria Gutierrez on December 4, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $112.40 incurred in the prosecution of this case by
January 7, 2019.
2. Obtain all required Collier County Building Permit(s), inspections and Certificate of
Completion by February 7, 2019 or a fine of $200.00 per day will be imposed until the
violation has been abated.
3. Notify the 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: $112.40
VI. HEARINGS
A. PUBLIC HEARINGS
1. CASE NO: CEEX20180013159-SO186492
OWNER: Pamela B. Dolney
OFFICER: Deputy D. Eliasek
VIOLATIONS: SO Handicapped Parking Section 130-67
Deputy Eliasek was present and testified:
On September 21, 2018 while on routine patrol he observed a vehicle parked in a space
reserved for handicapped patrons.
Upon inspection he located a handicap placard in the vehicle, however in small print it
stated “No DL.”
Since no driver’s license number was displayed, and the driver could not be located, he
issued the Citation.
December 7, 2018
6
Mr. Dolney was present and testified:
On the day of the incident she accompanied her father to the store in her vehicle.
She and her father are issued a handicap placard (“No DL” for her father) and she
accidentally displayed his tag instead of her Michigan issued placard.
She did not have her placard on hand as evidence today as subsequent to issuance of the
Citation, it was stolen from her vehicle.
She obtained a new placard following issuance of the Citation.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
DISMISSED the Citation and ordered Ms. Dolney to pay the $5.00 Administrative Fee
available for those who have a valid handicap parking placard and fail to display it in the
vehicle while occupying spaces intended for those parties.
6. CASE NO: CESD20180006069
OWNER: Manuela Valle
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted accessory structures consisting of a detached
covered terrace and two aluminum sheds in the rear yard of improved
occupied residential property.
FOLIO NO: 63852560052
PROPERTY ADDRESS: 1011 New Market Road W. Immokalee, FL
Manuella Valle was present.
Investigator Lopez-Silvero, Supervisor Perez and Manager Letourneau represented the
County:
Evidence Entered: Composite Exhibit A: 1 Aerial photo from 2017, 1 Aerial photo from 2018.
Investigator Lopez-Silvero testified the aerials show the buildings in question (2 sheds and a
pole barn). The application to permit the pole barn and sheds have been rejected by the County
and seeking corrections.
Ms. Valle testified:
The sheds were constructed by her deceased husband over 20 years ago and cannot find
any record of the permits.
She received a letter from the County requesting corrections a couple of months ago and
is investigating the options to abate the violation.
The sheds may need to be relocated due to setback violations. She requested more time to
abate the violation.
Special Magistrate Garretson recommended the parties discuss the case to determine if a
suitable resolution could be reached.
Break: 10:41 a.m.
Reconvened: 10:53 a.m.
December 7, 2018
7
Supervisor Perez reported she contacted representatives of the County’s satellite Immokalee
Building permit office who notified her a package was awaiting Ms. Valle and suggested she
meet with them so they could explain what is required for the permits to be issued.
Manager Letourneau recommended an Order be issued with a lengthy time available to abate
the violation as it is not a Health, Safety and Welfare issue.
Special Magistrate Garretson noted it may be more beneficial to continue the case to a later
date after determining the course of action required for permitting the structures.
Special Magistrate Garretson CONTINUED the case until the January 4, 2019 hearing date.
7. CASE NO: CEPM20180002144
OWNER: Clovis L. Hicks Jr.
OFFICER: Boris Molina
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15), Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition, 2017,
Chapter 4, Sections 454.2.17.1 through 454.2.17.3. Unmaintained pool and no
pool safety barrier.
FOLIO NO: 35994840008
PROPERTY ADDRESS: 4564 25th Ct SW, Naples, FL 34116
Clovis Hicks was present.
Investigator Molina and Supervisor Letourneau represented the County.
Mr. Hicks objected to the evidence proposed to be entered as it does not represent the
conditionof the pool as of today.
Special Magistrate Garretson allowed the evidence and noted it did represent the condition
of the swimming pool at the time of the photos.
Evidence entered: Composite Exhibit A: 3 photos dated 2/9/18
Exhibit B: 1 2017 Aerial photo of the property
Exhibit C: 1 2018 Aerial photo of the property
Investigator Molina testified:
He visited the property on a couple of occasions based on neighbor complaints and
spoke to Mr. Hicks about the violation.
During the last visit, Mr. Hicks informed him he was no longer allowed on his property.
The violation was posted on July 11, 2018, however he has not been in the rear of the
house to inspect the pool as he is not allowed on site.
Mr. Hicks testified:
He drained the pool water 2 weeks after the Mr. Molina’s last visit.
He expressed concern on the language required to abate the violation regarding
chemically treating the water wihtin 7 days as the pool is empty.
He provided a photo on his phone depicting the empty pool and he continues to drain if
if water ponds in the bottom of the pool.
Special Magistrate Garretson noted the Order could be crafted to require chemcial treatments
if any water is present in the pool.
December 7, 2018
8
Special Magistrate found the Respondent GUILTYof he alleged violation and ordered him
to:
1. Pay the Operational Costs of $111.95 incurred by Code Enforcement during the
prosecution of the case on or before January 7, 2019.
2. Chemically treat any pool water to kill the algae and maintaining the filtration system to
keep any pool water clean and provide bi-weekly treamtments or chemcially trating any
pool water killing the algae growth or a fine of $250.00 per day will be imposed for each
day a violation continues.
3. Erect at temporary protective barrier/enclosure by December 21, 2018 or a fine of
$250.00 per day will be imposed for each day the violation continues.
4. Erect an approved pool barrier to avoid safety concerns and/or must apply for and obtain
appicable permits for a permanent pool enclosure and/or protective barrier and follow
through to the Certificate of Completion by January 7, 2019 or a fine of $250.00 per day
will be imposed until the violation is abated.
5. Notify the 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
8. CASE NO: CEPM20180010711
OWNER: Terry Dilozir
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Roof and soffit in disrepair.
FOLIO NO: 36129040009
PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL.
Date of Hearing Notice by Certified Mail: 11/19/18
Date of Hearing Notice Property/Courthouse Posting: 11/20/18
Investigator Athey presented the case.
The Respondent was not present.
Evidence Entered: Composite Exhibit A: 6 photos dated 8/24/18
Exhibit B: 1 Aerial photo of the property
The violation remains as of December 7, 2019.
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson 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 January 7, 2019.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), inspections and Certificate of Completion for the roof/soffit as outlined in the
Notice of Violation by December 14, 2018 or a fine of $250.00 per day will be imposed
until the violation has been abated.
December 7, 2018
3. Notify the 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
None
VI. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
None
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.
None
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— January 4,2019 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of
the Special Magistrate at 12:10 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
�.- ter,
enda C. Garretson, Special Magistrate
9
December 7, 2018
The Mi utes were approved by the Special Magistrate on D-ece,,.,6er-7� v2 0/g , as presented
! , or as amended
•
10