CESM Minutes 02/01/2019 February 1, 2019
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 1, 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 Administ rative
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
Helen Buchillon, Code Enforcement Specialist
Sayla Coutin, Administrative Secretary
February 1, 2019
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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 9:04 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
Helen Buchillon, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item IV.B – Motions, the following cases were moved to V.C – Motion for Continuance:
4. CASE NO: CESD20180006190 - Miguel Cuellar
5. CASE NO: CEV20180014519 - Nivia E Perez
11. CASE NO: CEPM20180015588 - Vincent J Polick SR
12. CASE NO: CEAU20180010565 - Omar W Ventura and Esther Melgar
17. CASE NO: CEROW20180011261 - OWNER: KEYESTONE REAL EST HOLDING LLC
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
1. CASE NO: CESD20170015106 - Michael Patrick Meyers and Nancy K Cardenas
Orsornio
5. CASE NO: CEAU20170016075 - Humberto Portal and Milena Alvarez
Under Item V.B – Hearings, the following cases were moved to V.A – Stipulations:
1. CASE NO: CENA20180015021 - Henry Schulman
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
Continued
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
1. CASE NO: CENA20180015021
February 1, 2019
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OWNER: Henry Schulman
OFFICER: Ryan Cathey
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/Outside storage including, but not limited to, a
washer/dryer, cabinets, furniture and containers.
FOLIO NO: 00454760006
PROPERTY ADDRESS: 5525 Lee Williams Rd, Naples, FL
Investigator Cathey requested the hearing.
The Stipulation was entered into by Henry Schulman on February 1, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by
August 1, 2019.
2. Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store items within a completely enclosed structure by March 20, 2019 or a
fine of $50.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.90
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20180015237-PR59996
OWNER: Gail E. Turner
OFFICER: Park Ranger Richard Maunz
VIOLATIONS: PR Parking in Unlawful Area 130-55
FOLIO NO:
PROPERTY ADDRESS: Clam Pass Park, Naples, FL
Gail Turner was present and testified:
She was unable to attend the prior hearing due to illness.
On the day of the incident, she parked her scooter in an area designated area with
striping where the bicycle stands are located.
It was early in the day and there were available parking spots for cars, but she did not
want to occupy a space with the small scooter.
When she returned she found the Citation on the scooter and was unaware it is a
violation to park a scooter in this area.
Ranger Maunz represented the County.
February 1, 2019
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Evidence Entered: Composite Exhibit A: 2 photos
He testified:
He was on patrol on the day of the incident when he observed the scooter parked in an
unauthorized area.
There are bike racks in the vicinity however the scooter is deemed a motorized vehicle.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence, took
the case UNDER ADVISEMENT in order to research the Florida Statute or any applicable
codes on scooter/bicycle parking.
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
6. CASE NO: CEV20180003526
OWNER: Enos Lee Brown
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Storage of a travel trailer with expired license plate on the
property.
FOLIO NO: 01212200008
PROPERTY ADDRESS: 92 Egret Ln, Everglades City, FL
Supervisor Mucha represented the County and reported the violation has been abated and
Operational Costs for the prior hearing were paid.
Jacob Colgrove, Attorney for Mr. Brown’s estate requested the remaining fines and costs be
waived.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
VI. PUBLIC HEARINGS (Continued)
A. HEARINGS
2. CASE NO: CEEX20180015753-SO183860
OWNER: Richard D Norman
OFFICER: Officer Swank J
VIOLATIONS: SO Handicapped Parking 130-67
FOLIO NO:
PROPERTY ADDRESS: 15265 Collier Blvd, Naples, FL
Officer Swank was not present.
Mr. Norman was present and requested the Citation be dismissed.
Special Magistrate Garretson GRANTED Mr. Norman’s request to Dismiss the Citation.
3. CASE NO: CEEX20180015474-PR60123
OWNER: Greta E Buchko
OFFICER: Senior Park Ranger Wayne Muilenburg
VIOLATIONS: PR Boat Ramp Parking 130-66
February 1, 2019
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FOLIO NO:
PROPERTY ADDRESS: North Collier Regional Park, Naples, FL
Ranger Muilenburg represented the County.
Evidence Entered: Exhibit A: 1 photo dated 12/9/18
Composite Exhibit B: 4 photos
Ranger Muilenburg testified:
On December 9, 2018 he observed a vehicle parked in an area between two landscaped
islands at the entrance to that area of the park.
There are lines marking the area for parking, nor curb stops.
The area is to remain clear for safety reasons however unloading of supplies for parties,
etc. is permitted, however there is no signage notifying users of the policy.
He attempted to locate the owner to notify them to move the vehicle, however he could
not find them.
County Ordinances state no parking other in duly authorized areas and at one entrance
to the park there is signage that notifies patrons to park in designated spaces.
Greta Buchko was present and testified:
On the day of the incident she entered the park at a different location than the signage
referenced above and parked in the area in question beside an SUV.
She did not realize it was an unauthorized parking space.
There is no signage at the location notifying users it is for unloading of supplies or “no
parking.”
When she returned to the vehicle she found the Citation and the other vehicle was gone.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence,
DISMISSED the Citation. She recommended the County install signage at the location
notifying the public the area is for drop off only.
10. CASE NO: CEV20180015836
OWNER: Karla C Campo
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
4.05.03(B). Vehicle parked in the front yard. Collier County Land
Development Code, 04-41, as amended, Section 4.05.03(B). Vehicle parked
in the front yard.
FOLIO NO: 77390000727
PROPERTY 13328 Covenant Rd, Naples, FL
FOLIO NO: 77390000727
PROPERTY ADDRESS: 13328 Covenant Rd, Naples, FL
Investigator Cathey presented the case noting the vehicle was observed parking on the grass
and it is a reoccuring violation.
Evidence entered: Exhibit A: 1 photo dated 12/27/18
Exhibit B: 1 photo dated 1/31/19
February 1, 2019
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Exhibit C: 1 aerial photo of the property
The violation remains as of 2/1/19
Ms. Campo was present and testified:
That she has 2 children with vehicles and due to limited concrete driveway space they
periodically use the grass as to not block other vehicles in.
She has obtained permission from the homeowners association to extend the concrete
to encompass the area in question so they will no longer be parking on the grass.
She acknowledged the violation and will cease parking in the area until the concrete
is installed.
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 this
case by March 1, 2019.
2. Abate all violations by removing vehicle from grass and parking all vehicles on a
stabilized surface by February 8, 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
9. CASE NO: CENA20180010888
OWNER: Robert D Reynolds and Bernard Wolcott
OFFICER: Michele Mcgonagle
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 1.04.01(A). Litter consisting of but not limited
to; wood, metal and plastic pipes, doors, appliances, plastic buckets, totes,
miscellaneous building materials, and scrap metal..
FOLIO NO: 63505400003
PROPERTY ADDRESS: 3529 Seagrape Ave, Naples, FL
Investigator Mcgonagle presented the case.
Personal service of the hearing notice was delivered to Bernard Wolcott.
Evidence entered: Composite Exhibit A: 5 photos dated 9/9/18
Composite Exhibit B: 3 photo dated 10/2/18
Composite Exhibit C: 2 photos dated 2/1/19
She reported:
February 1, 2019
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That the case was opened due to a complaint from a neighbor.
There are two adjacent parcels in question with one structure under joint ownership
between the two brothers with each having a designated side to reside.
A fence also separates the yard designating each person’s space.
Mr. Roberts has worked on abating his side of the property however the violation
remains as of 2/1/19.
Mr.Roberts was present.
Mark A. Davis was also present as a representative of Mr. Roberts.
They testified:
That Mr. Roberts has been abating the violation however Mr. Wolcott, his brother is
uncooperative.
Mr. Roberts purchased the properties in 1971, and added his brother to the deed
approximately 8 years ago.
He is willing to abate the violation however some type of legal authority would be
beneficial for him to begin abating the violation on his brothers side of the property.
Mr. Davis can facilate the cleanup if some form of permission is granted by Mr.
Wolcott, however to date this has not happened.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found
the Respondents GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.10 incurred in the prosecution of this
case by August 1, 2019.
2. Abate the violation by removing all unauthorized accumulation of litter from the
property to a site intended for final disposal or store items within a completely enclosed
structure by May 1, 2019 or a fine of $50.00 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: $112.10
Manager Letourneau reported the Department does provide waste removal for neighborhood
cleanups and there is a possibility the community could qualify for provision of a dumpster.
He recommended Mr. Roberts contact Staff to investigate the matter.
13. CASE NO: CEV20180011146
OWNER: Robert D Reynolds and Bernard Wolcott
OFFICER: Michele Mcgonagle
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95 and 130-96(a). Multiple unlicensed, inoperable vehicles on
the property and two trailers parked in the front yard.
FOLIO NO: 63505400003
February 1, 2019
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PROPERTY ADDRESS: 3529 Seagrape Ave, Naples, FL
Investigator Mcgonagle presented the case.
Evidence entered: Composite Exhibit A: 4 photos dated 9/4/18
Composite Exhibit B: 3 photo dated 10/8/18
Composite Exhibit C: 2 photos dated 12/10/18
Composite Exhibit D: 4 photos dated 2/1/19
Investigator Mcgonagle provided an overview of the photos which verified the violation.
The violation remains as of 2/1/19.
Mr. Roberts was present.
Mark A. Davis was also present as a representative of Mr. Roberts.
They testified that they are working to abate the violation however there are vehicles on Mr.
Wolcott’s side of the property.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found
the Respondents GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.10 incurred in the prosecution of this
case by August 1, 2019.
2. Attach a current, valid license plate to each vehicle and repair all defects so vehicles
are immediately operable, or store unlicensed/inoperable vehicles in a completely
enclosed structure, or in a carport, or remove from residentially zoned property or a
fine of $50.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.10
Break: 11:12 a.m.
Reconvened: 11:33 a.m.
18. CASE NO: CEV20180015259
OWNER: Elder Roche and Marie Roche
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95 and Collier County Land Development Code, 04-41, as
amended, Section 4.05.03(A). Inoperable BMW parked on the grass.
FOLIO NO: 62261720002
PROPERTY ADDRESS: 5377 Broward St, Naples, FL
Investigator Cathey presented the case.
February 1, 2019
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Evidence entered: Exhibit A: 1 photo dated 12/11/18
Composite Exhibit B: 3 photos dated 12/12/18
Composite Exhibit C: 2 photos dated 1/21/19
Composite Exhibit D: 1 aerial photo of the property
Ms. Elder and Claude Alix was present and Mr. Alix stated the vehicle in question was his
and has been removed from the site.
Ms. Buchillon reported Elder Roche was notified by mail on the hearing date.
Investigator Cathey reported although the violation has been abated, it is a repeat offense
with 4 citations in 5 years and 1 case was brought to hearing in 2015. He recommended a
civil penatly of $250.00 be imposed given the nature of the repeat violation.
Mr. Alix stated the car remained on site as he was awaiting parts to repair the vehicle.
Special Magistrate found the Respondent GUILTY of a violation of the Collier County
Land Development Code,04-41 as Amended, Section 4.05.03(A) at the time that this case
was prepared for a hearing and ordered them to:
1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this
case by May 1, 2019.
2. Pay a civil penalty in the amount of $250.00 by May 1, 2019 for the first repeat
violation of the Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section
130-95.2.
Total Amount Due: $361.80
16. CASE NO: CELU20180014681
OWNER: Eduardo Rodriguez
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
2.02.03. Multiple items including but not limited to; a boat, construction
debris, metal tank, garbage can, wood, etc. being stored outside.
FOLIO NO: 22670640001
PROPERTY ADDRESS: 4718 Alladin Lane, Naples, FL
Investigator Giguere presented the case noting the violation is in the process of being
abated.
Evidence entered: Exhibit A: 1 photo dated 11/27/18
Composite Exhibit B: 4 photos dated 1/31/19
Mr. Rodriguez was present and stated some of the items have been removed and he can
abate the violation within 7 days.
February 1, 2019
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Special Magistrate found the Respondent GUILTY of the alleged violation and ordered
him to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this
case by April 1, 2019.
2. Abate the violation by removing all unauthorized accumulation of litter and illegal
outside storage from the property or store items within a completely enclosed structure
by February 8, 2019 or a fine of $50.00 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: $111.90
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEPM20180000516
OWNER: William Davidson Jr and Laura A Davidson
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(i). Unsecured dwelling.
FOLIO NO: 24021600009
PROPERTY ADDRESS: 151 Burning Tree Drive, Naples, FL
Investigator Hoagboon reported that the violation has been abated however not in the
prescribed time from in the Order from the County.
Mr. Davidson reported that he acquired the property with the violation and completed the
abatement.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
3. CASE NO: CEPM20170016457
OWNER: KATLINE REALTY CORP
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(12)(p) and 22-228(1) and Collier County Land Development
Code 04-41, as amended, Section 10.02.06(B)(1)(a). Damaged Interior floor
and missing or damaged cabinets.
FOLIO NO: 77460080004
PROPERTY ADDRESS: 5228 Treetops Drive, Naples, FL
Supervisor Mucha represented the County and reported that the violation has been abated,
however not in the prescribed time frame in the Order from the County.
February 1, 2019
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Charles Klar, President of Katline Realty Corp. reported that there were delays due to
Condominium Association approvals, permitting, engaging available contractors, etc.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
4. CASE NO: CENA20180006121
OWNER: Malcolm Smith
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-181 and Collier County Land Development Code, 04-41, as
amended, Sections 1.04.01(A) and 2.02.03. Litter and outside storage of
materials consisting of but not limited to: appliances, chairs, windows,
cardboard, buckets, barrels, tires, plastic tarps, plastic jugs, hose, auto parts,
bicycle parts, lawn mowers in various states and various metal pieces.
FOLIO NO: 01134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL
Debra Smith was present, the owner of the property.
Supervisor Mucha presented the case reporting that the violation has not been abated
however substantial progress is being made.
Ms. Smith reported that she has been abating the violation but has been hampered by health
issues. She requested additional time to complete clean up of the property and abate the
violation.
Special Magistrate Garretson CONTINUED the case until the April hearing date with the
fines continuing to accrue.
7. CASE NO: CENA20180001155
OWNER: Thomas Moore
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code, 04-41 as amended, Section
1.04.01(A), Section 2.02.03 and Collier County Code of Laws and
Ordinances, Chapter 54, Article VI, Section 54-179. Litter consisting of but
not limited to: roof tiles, wooden pallets, metal, buckets, barrels, plastic in
the rear yard of Estate zoned property.
FOLIO NO: 38050760003
PROPERTY ADDRESS: 3821 21st Ave SW, Naples, FL
Supervisor Mucha reported the violation has been abated.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
VI. PUBLIC HEARINGS (Continued)
A. HEARINGS
6. CASE NO: CEOCC20180010901
OWNER: Hernan Castano
OFFICER: Jon Hoagboon
February 1, 2019
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VIOLATIONS: Collier County Code of Laws, Chapter 126, Article IV, Section 126-111(b).
Operating a business without a valid business tax receipt.
FOLIO NO: 31530720007
PROPERTY ADDRESS: 3842 Exchange Ave Unit 118, Naples, FL
Cases 6 and 15 were combined
15. CASE NO: CEOCC20180010708
OWNER: Hernan J Castano
OFFICER: Jon Hoagboon
VIOLATIONS: Collier County Code of Laws, Chapter 126, Article IV, Section 126-111(b).
Operating a business without a valid business tax receipt.
FOLIO NO: 31530680008
PROPERTY ADDRESS: 3840 Exchange Ave Unit 117, Naples, FL
Date of Hearing Notice by Certified Mail: 1/23/19
Date of Hearing Notice Property/Courthouse Posting: 1/22/19
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 photos dated 12/19/18
Composite Exhibit B: 2 photos dated 1/29/18
Investigator Connetta reported:
He observed windows and other materials being unloaded and stored on site.
The owner notified him he was using the area for storage and has removed some of
the materials.
Indications are the owner is seeking to obtain the necessary business tax receipt.
The following order was entered separately for case #6 and #15.
Finding the Notice of Hearing was properly served, the Special Magistrate found the
Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of this
case by March 5, 2019.
2. Obtain and display required local business tax receipt and comply with Collier county
Code of Laws Chapter 126, Article lV Local Business Tax, Sections 126-lll(b) through
159 by February 8, 2019 or a fine of $250 a day will be imposed until the violation is
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.40
7. CASE NO: CEPM20180007539
February 1, 2019
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OWNER: Joyce G Nealy
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(12)(n), Section 22-231(12)(b) and Section 22-228(1).
Dwelling Unit and Shed on the property in poor condition and not being
maintained. Also, two dilapidated mobile homes in the rear of the property.
FOLIO NO: 24420360005
PROPERTY ADDRESS: 304 S 3rd Street, Immokalee, FL
Date of Hearing Notice by Certified Mail: 1/23/19
Date of Hearing Notice Property/Courthouse Posting: 1/18/19
Investigator Connetta presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 11 photos dated 12/19/18
Composite Exhibit B: 2 photos dated 5/22/18
Composite Exhibit C: 2 photos dated 1/31/19
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 $112.40 incurred in the prosecution of this
case by March 4, 2019.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Collier County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion by March 4, 2019 for the repair and/or replacement of the
dwelling and shed or a fine of $200.00 per day will be imposed until the violation has
been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $112.40
8. CASE NO: CEPM20180011519
OWNER: Esteban D Racero Jimenez and Maria E Gamez
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(12)(c). Dwelling with a damaged roof.
FOLIO NO: 77390000947
PROPERTY ADDRESS: 13372 Covenent Road, Naples, FL:
Date of Hearing Notice by Certified Mail: 1/23/19
Date of Hearing Notice Property/Courthouse Posting: 1/18/19
Supervisor Mucha presented the case.
February 1, 2019
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The Respondents were not present.
Evidence entered: Exhibit A: 1 photo dated 9/17/18
The violation remains as of 2/1/19.
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 $111.75 incurred in the prosecution of the case
by March 1, 2019.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Collier County Demolition Permit(s) and required inspections and Certificate of
Occupancy/Completion for repair of the damaged roof by May 1, 2019 or a fine of
$250.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.75
B. EMERGENCY CASES
None
VII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
VIII. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
IX. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT
LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
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.
February 1, 2019
X. REPORTS
None
XI. NEXT MEETING DATE—MARCH 1,2019 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 12:55 P.M.
COLLIER COUNTY SPECIAL
MAGISTRATE HEARING
4114 410
renda C. Garre son, Special Magistrate
The Minutes wereap oved by the Special Magistrate on ` 5 1 q
asp resented or as amended
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