CESM Minutes 01/04/2019 January 4, 2019
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 4, 2019
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
Co ler County
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
January 04,2019
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: CEEX20180014986-DAS24261
OWNER: Scott Square
OFFICER: DAS Officer Hannah McQueen
VIOLATIONS: DAS Animal at Large, Section 14-35(1)(B).
FOLIO NO:
PROPERTY Collier County,FL
ADDRESS:
2. CASE NO: CEEX20180014851-S0186095
OWNER: Steve B.Lippe
OFFICER: Deputy D. Eliasek
VIOLATIONS: SO Prohibited/Restricted Parking Section 130-66.
FOLIO NO:
PROPERTY
ADDRESS:
3. CASE NO: CEEX20180014826-PR59809
OWNER: Tiffany A.Matthews
OFFICER: Senior Park Ranger Jones Petillo
VIOLATIONS: PR Unlawful Area Section 130-66.
FOLIO NO:
PROPERTY North Collier Regional Park,FL
ADDRESS:
4. CASE NO: CEEX20180015237-PR59996
OWNER: Gail E.Turner
OFFICER: Park Ranger Richard Maunz
VIOLATIONS: PR Unlawful Area Section 130-55
FOLIO NO:
PROPERTY Clam Pass Park,Naples,FL
ADDRESS:
5. CASE NO: CEEX20180014713-PR59886
OWNER: Curtis N.Strange
OFFICER: Park Ranger Barry Gorniak
VIOLATIONS: PR Boat Ramp Parking,Section 130-66
FOLIO NO:
PROPERTY Bayview Park,Naples,FL
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)(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 1011 New Marker Road W,Immokalee,FL
ADDRESS:
7. CASE NO: CEV20180011923
OWNER: Reynolds Cavins and Edie Hunter-Cavins
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a).Boat in side yard.
FOLIO NO: 1208240001
PROPERTY 108 Cardinal Ct.,Everglades City,FL
ADDRESS:
8. CASE NO: CENA20180010796
OWNER: Ruth Carvajal
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Section 54-185(a) and Collier
County Land Development Code, 04-41, as amended, Section
2.02.03. Weeds that exceed eighteen inches and the illegal
outside storage.
FOLIO NO: 62150560506
PROPERTY 5237 Warren St.,Naples,FL
ADDRESS:
9. CASE NO: CEV20180011537
OWNER: Ulrick Liberus and Emanese Liberus-Felius
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle parked in the
driveway and license plate not current.
FOLIO NO: 77390001603
PROPERTY 13501 Koinonia Drive,Naples,FL
ADDRESS:
10. CASE NO: CEPM20180011235
OWNER: Dean Gardy and Junee Gardy
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Pool green and unmaintained.
FOLIO NO: 22597009152
PROPERTY 6760 Southern Oak Court,Naples,FL
ADDRESS:
11. CASE NO: CEPM20180009013
OWNER: SA Equity Group LLC
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n) and Section 22-228(1). Fence
in disrepair and tarp attached to fence.
FOLIO NO: 63864440005
PROPERTY 114 New Market Rd.E,Immokalee,FL
ADDRESS:
12. CASE NO: CELU20180010521
OWNER: Fabian Hernandez
OFFICER: Tony Asaro
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. Outside storage of vehicles
and items on vacant property.
FOLIO NO: 63852160009
PROPERTY No Site Address
ADDRESS:
13. CASE NO: CEOCC20180010901
OWNER: Hernan J.Castano
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126,
Article IV, Section 126-111(b). Operating a business without a
valid business tax receipt.
FOLIO NO: 31530720007
PROPERTY 3842 Exchange Ave,Unit 118,Naples,FL
ADDRESS:
14. CASE NO: CEOCC20180010708
OWNER: Hernan J.Castano
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126,
Article IV, Section 126-111(b). Operating a business without a
valid tax receipt.
FOLIO NO: 31530680008
PROPERTY 3840 Exchange Ave,Unit 117,Naples,FL
ADDRESS:
15. 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).Building roof in disrepair.
FOLIO NO: 64511040003
PROPERTY 3150 Barret Ave,Naples,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: CEPM20180004339
OWNER: Jennifer A.Clover
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b)and 22-231(12)(c). Roof and
exterior siding in disrepair.
FOLIO NO: 50880001541
PROPERTY 174 Primrose Ln,Naples,FL
ADDRESS:
2. 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
PROPERTY 14700 Tamiami Trl N,Naples,FL
ADDRESS:
3. 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
PROPERTY 2948 Orange St,Naples,FL
ADDRESS:
4. CASE NO: CELU20180000310
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. Outside storage consisting of
but not limited to, refrigerator, containers, wood, plastics,
plastic bags,metal,etc.
FOLIO NO: 62260040000
PROPERTY 5330 Broward St.,Naples,FL
ADDRESS:
5. CASE NO: CEPM20180005068
OWNER: William J.Fotre Jr.
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(11), 22-231(2), and 22-231(19). No
electricity or water supplied to an occupied dwelling.
FOLIO NO: 29830760009
PROPERTY 2948 Orange St.,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 FEBRUARY 1,2019 AT 9:00 A.M.
XII. ADJOURN
January 4, 2019
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, 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
Ms. Buchillon reported the following changes (listed below as Agenda item numbers):
Under Item V.B – Hearings, the following cases were moved to Item V.A – Stipulations:
CASE NO: CESD20180006069 OWNER: Manuela Valle
Under Item V.B – Hearings, the following cases were withdrawn:
2. CASE NO: CEEX20180014851- SO186095 OWNER: Steve B. Lippe
7. CASE NO: CEV20180011923 OWNER: Reynolds Cavins and Edie Hunter-Cavins
11. CASE NO: CEPM20180009013 OWNER: SA Equity Group LLC OFFICER
12. CASE NO: CELU20180010521 OWNER: Fabian Hernandez
13. CASE NO: CEOCC20180010901 OWNER: Hernan J. Castano
14. CASE NO: CEOCC20180010708 OWNER: Hernan J. Castano
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
2. CASE NO: CEVR20170019637 OWNER: Aces of Naples LLC
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
None
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
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
January 4, 2019
3
covered terrace and two aluminum sheds in the rear yard of improved occupied
residential property.
FOLIO NO: 63852560052
PROPERTY ADDRESS: 1011 New Marker Road W, Immokalee, FL
Officer Lopez-Silvero requested the hearing.
The Stipulation was entered into by Manuela Valle on December 27, 2018.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount of 111.80 incurred in the prosecution of the case by
February 4, 2019.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
inspections and Certificate of Occupancy/Completion for the unpermitted accessory structures
in question by July 5, 2019 or a fine of per $150.00 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: $111.80
VI. PUBLIC HEARINGS
A. HEARINGS
3. CASE NO: CEEX20180014826-PR59809
OWNER: Tiffany A. Matthews
OFFICER: Senior Park Ranger Jones Petillo
VIOLATIONS: PR Unlawful Area Section 130-66.
FOLIO NO:
PROPERTY ADDRESS: North Collier Regional Park, FL
Ranger Petillo represented the County.
Evidence Entered: Composite Exhibit A: 2 photos
The Respondent was not present and was notified of the hearing by mail on January 21, 2018.
Ranger Petillo testified while on patrol he observed a vehicle parked in an unlawful space and
accordingly issued the Citation.
Special Magistrate Garretson, finding the notice was properly served UPHELD issuance of the
Citation and ordered the respondent to pay a $30.00 fine, $50.00 in Operational Costs and a
$5.00 Administrative Fee for a total due of $85.00 by February 4, 2019.
Total Amount Due: $85.00
4. CASE NO: CEEX20180015237-PR59996
OWNER: Gail E. Turner
January 4, 2019
4
OFFICER: Park Ranger Richard Maunz
VIOLATIONS: PR Unlawful Area Section 130-55
FOLIO NO:
PROPERTY ADDRESS: Clam Pass Park, Naples, Fl
Ranger Maunz represented the County.
Evidence Entered: Composite Exhibit A: 2 photos
The Respondent was not present and was notified of the hearing by mail on January 21, 2018.
Ranger Mannz testified while on patrol he observed a vehicle parked in a restricted area and
accordingly issued the Citation.
Special Magistrate Garretson, finding the notice was properly served UPHELD issuance of the
Citation and ordered the respondent to pay a $30.00 fine, $50.00 in Operational Costs and a
$5.00 Administrative Fee for a total due of $85.00 by February 4, 2019.
Total Amount Due: $85.00
5. CASE NO: CEEX20180014713-PR59886
OWNER: Curtis N. Strange
OFFICER: Park Ranger Barry Gorniak
VIOLATIONS: PR Boat Ramp Parking, Section 130-66
FOLIO NO:
PROPERTY ADDRESS: Bayview Park, Naples, FL ADDRESS
Ranger Maunz represented the County.
Evidence Entered: Composite Exhibit A: 2 photos
The Respondent was not present and was notified of the hearing by mail on January 21, 2018.
Ranger Maunz testified while on patrol an Officer found a vehicle parked at the boat launch and
observed a parking receipt on the interior of the vehicle however it was placed in an improper
manner as required and he could see the date and time stamp of the purchase. Accordingly the
Citation was issued.
Special Magistrate Garretson noted the Respondent provided a letter and copy of the receipt
showing it was purchased on the day of the incident prior to the Citation being issued.
Ranger Maunz reported the machine issuing the tickets accepts credit cards only and the
Respondent did not provide proof of the payment transaction. He may have obtained it in some
manner without paying as required.
Special Magistrate Garretson, finding the notice was properly served UPHELD issuance of the
Citation and ordered the respondent to pay a $30.00 fine, $50.00 in Operational Costs and a
$5.00 Administrative Fee for a total due of $85.00 by February 4, 2019.
Special Magistrate Garretson reported the Respondent could request a re-hearing if he so
desires.
Total Amount Due: $85.00
January 4, 2019
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1. CASE NO: CEEX20180014986-DAS24261
OWNER: Scott Square
OFFICER: DAS Officer Hannah McQueen
VIOLATIONS: DAS Animal at Large, Section 14-35(l)(B).
FOLIO NO:
PROPERTY ADDRESS: Collier County, FL
Officer McQueen represented the County.
The Respondent was not present and was notified of the hearing by mail on January 21, 2018.
Officer McQueen testified:
Mr. Square’s dogs Foot and Lucky have been impounded 8 times (3 for Foot and 5 for
Lucky) with a previous fine in the amount of $107.00 remaining unpaid.
There have been other incidents of the dogs running at large without any impoundment of
penalty imposed.
The most recent incident results in mandatory appearance before a Special Magistrate.
Special Magistrate Garretson, finding the notice was properly served, imposed a fine of $500.00,
Operational Costs of $50.00 and a $5.00 Administrative Fee for a total amount due of $555.00
by February 4, 2019.
Total Amount Due: $555.00
9. CASE NO: CEV20180011537
OWNER: Ulrick Liberus and Emanese Liberus-Felius
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable vehicle parked in the driveway and license plate not current.
FOLIO NO: 77390001603
PROPERTY ADDRESS: 13501 Koinonia Drive, Naples, FL
Officer Marchand presented the case.
Evidence entered: Composite Exhibit A: 3 photos dated 9/17/18
Exhibit B: 1 photo dated 10/15/18
Exhibit C: 1 photo dated 1/3/19
Ulrick Liberus was present and testified he abated the violation on January 3, 2019. The
reason the vehicle is in the driveway as it was to be shipped to Hatai and he was awating
issuance of a temporary registration so it could be driven to West Palm Beach.
Officer Marchand reported there have been other notices posted on site for similar violations
over the past 2 – 3 years but have not been brought forth to hearing.
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 this case by
July 5, 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
January 4, 2019
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vehicles from residentially zoned area by January 11, 2019 or a $50.00 per day fine 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: $111.90
Break: 10:32 a.m.
Reconvened: 11:02 a.m.
15. 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). Building roof in disrepair.
FOLIO NO: 64511040003
PROPERTY ADDRESS: 3150 Barret Ave, Naples, FL
Officer Johnson presented the case reporting it had been Continued for an update with no
previous hearing held on the case.
Evidence entered: Exhibit A: Aerial photo of the properyt
Composite Exhibit B: 2 photos dated 10/15/18
Exhibit C: 1 photo dated 12/31/18
Head Pastor Jean Claude Simon and 2nd Pastor Merius Saintfleur represented the Church
and testified:
The damage is at the garage area at the rear of the structure.
The building was formerly a residence and used by the organization (the church is located
east of the site) for parking and other purposes.
An insurance claim was filed however the property is included with the main church on
the policy and the deductible is $9,500.
The roof replacement is estimated at $18,000 and they are seeking the funds necessary to
pay repairing/replacing the roof.
They requested 6 months to abate the violation.
Special Magistrate, after reviewing the evidence and hearing the testimony, 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 4, 2019.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Occupancy/Completion for repair
and/or replacement of the roof by October 4, 2019 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
January 4, 2019
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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
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CELU20180000310
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Outside storage consisting of but not limited to,
refrigerator, containers, wood, plastics, plastic bags, metal, etc.
FOLIO NO: 62260040000
PROPERTY ADDRESS: 5330 Broward St., Naples, FL
Officer Musse represented the County and reported the violation has been abated however it was
after the prescribed timeframe.
Ms. Lynch testified personal issues caused delays in abating the violation.
Special Magistrate DENIED the County’s Motion for Imposition of Fines.
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
8. CASE NO: CENA20180010796
OWNER: Ruth Carvajal
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179 and Section 54-185(a) and Collier County Land Development Code, 04-
41, as amended, Section 2.02.03. Weeds that exceed eighteen inches and the
illegal outside storage.
FOLIO NO: 62150560506
PROPERTY ADDRESS: 5237 Warren St., Naples, FL
Date of Hearing Notice by Certified Mail: 12/21/18
Date of Hearing Notice Property/Courthouse Posting: 12/21/18
Officer Musse presented the case.
Evidence entered: Composite Exhibit A: 4 photos dated 8/21/18
Composite Exhibit B: 4 photos dated 1/3/19
The violation remains as of January 4, 2019.
Special Magistrate Garretson, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and ordered to:
January 4, 2019
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1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
February 4, 2019.
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 January 11, 2019 or a
fine of $100.00 per day will be imposed for each day until the violation has been abated.
3. Mowing all weeds, grass or similar non protective overgrowth in excess of 18 inches to a
height of 6 inches or less by January 11, 2019 or a find of $50.00 per day that the
violation remains unabated.
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: $111.95
10. CASE NO: CEPM20180011235
OWNER: Dean Gardy and Junee Gardy
OFFICER: Colleen Davidson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15). Pool green and unmaintained.
FOLIO NO: 22597009152
PROPERTY ADDRESS: 6760 Southern Oak Court, Naples, FL
Date of Hearing Notice by Certified Mail: 12/21/18
Date of Hearing Notice Property/Courthouse Posting: 12/23/18
Officer Davidson presented the case.
The Respondents were not present.
Evidence entered: Composite Exhibit A: 2 photos dated 9/9/18
Composite Exhibit B: 4 photos dated 11/14/18
Exhibit C: 1 photo dated 1/3/19
The violation remains as of January 4, 2019.
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 $111.95 incurred by Code Enforcement during the
prosecution of the case by Feburary 4, 2019.
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 January 18, 2019 or a fine of
$250.00 per day will be imposed for each day the violation remains thereafter or;
3. Chemically treat the pool water and cover the pool to prevent the intrusion of rain water
pursuant to HUD standards by January 18, 2019 or a fine of $250.00 per day will be
imposed for each day the violation remains thereafter.
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
January 4, 2019
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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
B. EMERGENCY CASES
None
IX. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
1. CASE NO: CEPM20180004339
OWNER: Jennifer A. Clover
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(b) and 22-231(12)(c). Roof and exterior siding in disrepair.
FOLIO NO: 50880001541
PROPERTY ADDRESS: 174 Primrose Ln, Naples, FL
Officer Athey presented the case.
Date of Hearing Notice by Certified Mail: 12/21/18
Date of Hearing Notice Property/Courthouse Posting: 12/27/18
The Respondent was not present.
Special Magistrate Order: 7/6/18 No. 5535 Page: 3777
Fine Amount: $250.00/day
Duration: 9/5/18 – 1/4/19 (122 days)
Total Fine Amount: $30,500.00
Unpaid Operational Costs: $111.80
Total to Date: $30,611.80
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 $30,611.80. Said
amount to become a lien on the property with fines continuing to accrue.
3. 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
PROPERTY ADDRESS: 2948 Orange St, Naples, FL
Officer Athey presented the case.
Date of Hearing Notice by Certified Mail: 12/21/18
Date of Hearing Notice Property/Courthouse Posting: 12/26/18
The Respondent was not present.
January 4, 2019
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Special Magistrate Order: 2/2/18 No. 5476 Page: 2485
Fine Amount: $200.00/day
Duration: 2/17/18 – 1/4/18 (322 days)
Total Fine Amount: $64,400.00
Unpaid Operational Costs: $223.95
Total to Date: $64,623.95
Finding the Notice of Hearing was properly served, Special Magistrate Garrteson GRANTED
the County’s Motion for Imposition of Fines for a total amount due of $64,623.95. Said
amount to become a lien on the property with fines continuing to accrue.
5. CASE NO: CEPM20180005068
OWNER: William J. Fotre Jr.
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(11), 22-231(2), and 22-231(19). No electricity or water supplied to an
occupied dwelling.
FOLIO NO: 29830760009
PROPERTY ADDRESS: 2948 Orange St., Naples, FL
Officer Athey presented the case reporting the violation has been abated however Operational
Costs in the amount of $223.75 have not been paid.
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 $223.75. Said amount
to become a lien on the property.
X. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
XI. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
XII. REPORTS
None
XIII. NEXT MEETING DATE – FEBRUARY 1, 2019 at 9:00 a.m.
January 4, 2019
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:03 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
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i
e : a retson, Spec" agistrate
The ] inutes were approved by the Special Magistrate on l� S , as presented
, or as amended .
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