CESM Minutes 05/03/2019 May 3, 2019
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 3, 2019
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 A.M. in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Specialist
Elena Gonzalez, Code Enforcement Specialist
Goiter 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
May 03, 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: CEEX20190003624-S0186014
OWNER: Jessica R Beltran
OFFICER: Deputy Jeffrey Sepanski
VIOLATIONS: SO Handicapped Parking 130-67
FOLIO NO:
PROPERTY 10625 Noahs Cir,Naples,FL
ADDRESS:
2. CASE NO: CESD20180010854
OWNER: Zandra Zarris and Miguel Manglal Lan
OFFICER: Michele Mcgonagle
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and
10.02.06(B)(1)(e)(i). Installed solar pool heating without
obtaining required Collier County permits.
FOLIO NO: 24768113066
PROPERTY 959 Tivoli Ct,Naples,FL
ADDRESS:
3. CASE NO: CEPM20180015463
OWNER: Jose A Pagoada and Rosalina Pagoada
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22
Buildings and Building, Article VI Property Maintenance Code,
Sections 22-231(12)(c).
FOLIO NO: 35745960001
PROPERTY 2285 46th Ter SW,Naples,FL
ADDRESS:
4. CASE NO: CEPM20160018015
OWNER: STAR MOBILE HOME PARK LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-241(1) and Collier County Land
Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Several boarded mobile home with no
boarding certificate and an expired demolition permit
PRBD20180314946 to remove the mobile home (F3) from the
property.
FOLIO NO: 127640000
PROPERTY 447 N 15th Street,Immokalee,FL
ADDRESS:
5. CASE NO: CEV20190001456
OWNER: Stephen Wassmann
OFFICER: Arthur Ford
VIOLATIONS: Storage and Use of Vehicle Control Ordinance, Code of Laws
and Ordinances, Chapter 130, Article III, Section 130-96(a). 2
personal water craft on a trailer parked in the driveway.
FOLIO NO: 62640200004
PROPERTY 651 96th Ave N,Naples,FL
ADDRESS:
6. CASE NO: CEV20180012900
OWNER: ITF Thomas Murray and Hildagarde Murray
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Observed a vehicle with an expired
tag in a residential driveway.
FOLIO NO: 70223560001
PROPERTY 100 Estelle Drive,Naples,FL
ADDRESS:
7. CASE NO: CEOCC20190000459
OWNER: VANDERBILT COMMONS I TRUST
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and 2.02.03, Ordinance 2017-47, Section
111, Subsection 3.03(A)(17). Business is operating consistent
with the definition of thrift shop which is not listed as a
permitted use in this Planned Unit Development. Business is
selling merchandise, clothing and/or items that are not classified
as antiques.
FOLIO NO: 792718000086
PROPERTY 7211 Vanderbilt Beach Rd Unit 3,Naples,FL
ADDRESS:
8. CASE NO: CEV20190002553
OWNER: Ketty Argote
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Recurring violation of a vehicle parked on
the grass.
FOLIO NO: 77390004040
PROPERTY 13500 Koinonia Drive,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: CEPM20180008108
OWNER: William E Anthony and Deanna B Anthony
OFFICER: Virginie Giguere
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
PROPERTY 1 Abilene Trl,Naples,FL
ADDRESS:
2. CASE NO: CESD20170008064
OWNER: Lynne V Cadenhead
OFFICER: John Johnson
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). Permit
PRBD20180827018 has expired.
FOLIO NO: 74414040006
PROPERTY 3414 Cherokee St,Naples,FL
ADDRESS:
3. CASE NO: CEPM20170020034
OWNER: Miguel Sanchez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(i). Vacant dwelling with broken
windows that are now boarded with no Boarding Certificate on
file.
FOLIO NO: 62766360006
PROPERTY 707 94th Ave N,Naples,FL
ADDRESS:
4. CASE NO: CENA20170014395
OWNER: STRATTON ASSOCIATES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d). Prohibited exotic vegetation
consisting of but not limited to: Brazilian Pepper, Earleaf
Acacia,Air Potato and World Climbing Fern,etc.
FOLIO NO: 447360002
PROPERTY 12100 Tamiami Trail,Naples,FL
ADDRESS:
5. 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.
FOLIO NO: 01134803509
PROPERTY 215 Old Train Ln,Copeland,FL
ADDRESS:
6. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K Cardenas Orsornio
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.06(B)(I)(e). Unpermitted
kitchen remodel.
FOLIO NO: 48481640009
PROPERTY 1024 Manatee Road Unit C105,Naples,FL
ADDRESS:
7. CASE NO: CEAU20170016075
OWNER: Humberto Portal and Milena Alvarez
OFFICER: Thomas Pitura
VIOLATIONS: 2014 Building Code, Fifth Edition, Chapter 1, Part 2, Section
105.1. Expired Permit 2010120609 for a six-foot vinyl fence.
FOLIO NO: 77390004561
PROPERTY 13618 Legacy Ln,Naples,FL
ADDRESS:
8. CASE NO: CELU20170019481
OWNER: Steven C Happney
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 1.04.01(A) and 2.02.03. Shipping container on
residential property,no active Building Permit.
FOLIO NO: 49581760008
PROPERTY 45 Derhenson Dr,Naples,FL
ADDRESS:
VIII.OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. CASE NO: CELU20170019481
OWNER: Steven C Happney
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.04.01(A0 and 2.02.03. Shipping container on
residential property,no active Building Permit.
FOLIO NO: 49581760008
PROPERTY 45 Derhenson Dr,Naples,FL
ADDRESS:
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-
11.1. FRIDAY JUNE 7,2019 at 9:00 a.m.
XII. ADJOURN
May 3, 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 9:04 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.
Break: 9:15 a.m.
Reconvened: 9:25 a.m.
II. APPROVAL OF AGENDA
Ms. Buchillon noted the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VI.A – Hearings, the following cases were moved to V.A – Stipulations:
7. CASE NO: CEOCC20190000459 - VANDERBILT COMMONS I TRUST
Under Item VI.A – Hearings, the following cases were withdrawn:
2. CASE NO: CESD20180010854 – Zandra Zarris and Miguel Manglal Lan
3. CASE NO: CEPM20180015463 – Jose A. Pagoada and Rosalina Pagoada
4. CASE NO: CEPM20160018015 – Star Mobile Home Park, LLC
5. CASE NO: CEV20190001456 – Stephen Wassmann
Under VII.B – Motion for Imposition of Fines, the following case was withdrawn:
1. CASE NO: CEPM20180008108 - William E. Anthony and Deanna B. Anthony
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the April 5, 2019 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
7. CASE NO: CEOCC20190000459
OWNER: VANDERBILT COMMONS I TRUST
OFFICER: John Fuentes
May 3, 2019
3
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and
2.02.03, Ordinance 2017-47, Section 111, Subsection 3.03(A)(17). Business is
operating consistent with the definition of thrift shop which is not listed as a
permitted use in this Planned Unit Development. Business is selling merchandise,
clothing and/or items that are not classified as antiques.
FOLIO NO: 79271800086
PROPERTY ADDRESS: 7211 Vanderbilt Beach Rd Unit 3, Naples, FL
Supervisor Perez requested the hearing.
The Stipulation was entered into by the Respondent’s representative George Vukobratovitch on May
3, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation ordered him
to:
1. Pay Operational Costs in the amount $112.10 incurred in the prosecution of this case by June
3, 2019.
2. Cease and desist sale of all non-antique clothing and/or items not authorized to be sold on the
property regulated by the approved plan development order 2017-47 by August 3, 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: $112.10
VI. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20190003624-SO186014
OWNER: Jessica R. Beltran
OFFICER: Deputy Jeffrey Sepanski
VIOLATIONS: SO Handicapped Parking 130-67
FOLIO NO:
PROPERTY ADDRESS: 10625 Noahs Cir, Naples, FL
Deputy Sepansky was present.
Jessica Beltran was present and testified:
When she arose in the morning she found a Citation on the windshield of her vehicle after
parking in a space previously reserved for handicapped individuals which was converted to
a regular parking space by management of the residential complex.
The space in question had been paved over to cover the wheelchair symbol and the other
painting demarcation.
She spoke to management Staff who notified her the space had been converted to regular
parking, however the workers had not yet removed the sign at the head of the space.
She entered two photos of the space in question into evidence.
May 3, 2019
4
Deputy Sepanksy testified he was on routine patrol in the early morning of March 22, 2019 and
observed the car parked in the space without the proper handicap placard and issued the Citation.
The Florida Statute 316.1955 states the violation may not be dismissed for failure of the marking
on the parking space to comply with s. 553.5041 if the space is in general compliance and is clearly
distinguishable as a designated accessible parking space for people who have disabilities.
Special Magistrate Garretson noted this Section appears to be intended to imply if the paint
marking the space has faded, etc. not a space that was converted to regular parking.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence
DISMISSED the Citation.
8. CASE NO: CEV20190002553
OWNER: Ketty Argote
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A).
Recurring violation of a vehicle parked on the grass.
FOLIO NO: 77390004040
PROPERTY 13500 Koinonia Drive, Naples, FL
Officer Pitura represented the County.
Evidence Entered: Exhibit A: 1 photo dated 3/7/19
Exhibit B: 1 photo dated 3/8/19
He testified the violation has been re-occurring with incidents on 6/9/17, 8/25/17 and 12/12/18.
The violation has not occurred since March 18, 2019 to the best of his knowledge, but requested
the Special Magistrate find the violation occurred at the times in question.
Ms. Argote testified the parking on the grass has ceased, but occurred as there is no additional
space in the concrete driveway when the number of vehicles exceeds the available space. She
intends to add additional concrete to the parking area to alleviate the issue.
Officer Pitura noted there may not be enough space available to add the concrete per the County
codes given the minimum requirement for grassed area at the property in question.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found the
Respondent in violation of the Ordinance and ordered her to pay $111.90 in Operational Costs
by June 3, 2019.
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. 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.
FOLIO NO: 01134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL
May 3, 2019
5
Debra Smith was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accruing in the amount of $12,361.95.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
4. CASE NO: CENA20170014395
OWNER: STRATTON ASSOCIATES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). Prohibited exotic vegetation consisting of but not limited to:
Brazilian Pepper, Earleaf Acacia, Air Potato and World Climbing Fern, etc.
FOLIO NO: 447360002
PROPERTY ADDRESS: 12100 Tamiami Trail, Naples, FL
Edward J. Mace, owner and Ryan White of Davidson Engineering were present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accruing in the amount of $12,211.90.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
6. CASE NO: CESD20170015106
OWNER: Michael Patrick Meyers and Nancy K. Cardenas Orsornio
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted kitchen remodel.
FOLIO NO: 48481640009
PROPERTY ADDRESS: 1024 Manatee Road Unit C105, Naples, FL
Michael Patrick Meyers and Nancy K. Cardenas Orsornio were present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accruing in the amount of $17,611.90.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
7. CASE NO: CEAU20170016075
OWNER: Humberto Portal and Milena Alvarez
OFFICER: Thomas Pitura
VIOLATIONS: 2014 Building Code, Fifth Edition, Chapter 1, Part 2, Section 105.1. Expired
Permit 2010120609 for a six-foot vinyl fence.
FOLIO NO: 77390004561
PROPERTY ADDRESS: 13618 Legacy Ln, Naples, FL
Milena Alvarez was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accruing in the amount of $25,312.05.
May 3, 2019
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Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
6. CASE NO: CEV20180012900
OWNER: ITF Thomas Murray and Hildagarde Murray
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Observed a vehicle with an expired tag in a residential driveway.
FOLIO NO: 70223560001
PROPERTY ADDRESS: 100 Estelle Drive, Naples, FL
Date of Hearing Notice by Certified Mail: 4/17/19
Date of Hearing Notice Property/Courthouse Posting: 4/16/19
Officer Marchand presented the case.
The Respondents were not present.
Evidence entered: Exhibit 1: 1 photo dated 10/23/18
Exhibit 2: 2 photos dated 3/21/19
Composite Exhibit 3: 2 photos dated 5/2/19
The violation remains as of May 3, 2019.
Finding the Notice of Hearing was properly served, the 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
June 3, 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 May 10, 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: $111.95
B. EMERGENCY CASES
None
IX. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
May 3, 2019
7
2. CASE NO: CESD20170008064
OWNER: Lynne V. Cadenhead
OFFICER: John Johnson
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). Permit PRBD20180827018 has
expired.
FOLIO NO: 74414040006
PROPERTY ADDRESS: 3414 Cherokee St, Naples, FL
Supervisor Mucha presented the case.
Date of Hearing Notice by Certified Mail: 4/17/19
Date of Hearing Notice Property/Courthouse Posting: 4/17/19
The Respondent was not present.
Special Magistrate Order: No. 5569 Page: 2719
Fine Amount: $200.00/day
Duration: 179 days
Total Fine Amount: $35,800.00
Unpaid Operational Costs: $223.60
Total to Date: $36,023.60
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 $36,023.60. Said
amount to become a lien on the property.
3. CASE NO: CEPM20170020034
OWNER: Miguel Sanchez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(i). Vacant dwelling with broken windows that are now boarded with
no Boarding Certificate on file.
FOLIO NO: 62766360006
PROPERTY ADDRESS: 707 94th Ave N, Naples, FL
Officer Connetta presented the case reporting the violation has not been abated.
Date of Hearing Notice by Certified Mail: 4/17/19
Date of Hearing Notice Property/Courthouse Posting: 4/17/19
The Respondent was not present.
Special Magistrate Order: No. 5569 Page: 2716
Fine Amount: $250.00/day
Duration: 179 days
Total Fine Amount: $44,750.00
Unpaid Operational Costs: $223.05
Total to Date: $44,973.05
May 3, 2019
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Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County’s Motion for Imposition of Fines for a total amount due of $44,974.05. Said amount
to become a lien on the property with fines continuing to accrue.
8. CASE NO: CELU20170019481
OWNER: Steven C. Happney
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A)
and 2.02.03. Shipping container on residential property, no active Building Permit.
FOLIO NO: 49581760008
PROPERTY ADDRESS: 45 Derhenson Dr, Naples, FL
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accruing in the amount of $2,811.75.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
VIII. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER (this item was heard before Mr.
Happney’s Imposition of Fines Case #8).
1. CASE NO: CELU20170019481
OWNER: Steven C. Happney
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A)
and 2.02.03. Shipping container on residential property, no active Building Permit.
FOLIO NO: 49581760008
PROPERTY ADDRESS: 45 Derhenson Dr, Naples, FL
Manager Letourneau requested the Order be amended as the County erred in their original
presentation of the case at the September 2018 hearing by not giving Mr. Happney the option to
abate the violation by obtaining a building permit so the shipping container could remain on the
property. Mr. Happney was found in violation of the Ordinance but subsequently obtained the
permit and abated the violation.
Special Magistrate Garretson GRANTED the County’s Motion to Amend a Previously Issued
Order.
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
Break: 10:55 a.m.
Reconvened: 11:11 a.m.
XI. 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.
May 3, 2019
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.
XII. REPORTS
Special Magistrate Garretson reported the times indicated to abate the violations will be altered in the
following cases due to delays in the Orders being issued:
Case# CEEX20180015656–Virginia Florio: From 5/15/19 to 6/15/19.
Case# CEEX201900016262-PU5603–Carlisle Wilson Plaza, LLC: From 5/5/19 to 6/5/19
Case#: CEV20180012357–Rene Dorvil and Clomene Dorvil: From 4/15/19 to 5/15/19.
Case#: CENA20190002133 –Nian Financing Corp: From 5/5/19 to 6/5/19
Case#: CEEX20190001556-S0187092–Kenneth J. Smullen: From 5/5/19 to 6/5/19
Special Magistrate Garretson reported in Case#CEPM2018007539 -Joyce Nealy, Ms.Nealy was not
given proper notice for the February 1, 2019 hearing and the order was rescinded. A written Order will
reflect this fact and the case remains open and the County may reschedule the case as appropriate.
XIII. NEXT MEETING DATE–JUNE 7,2019 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 11:21 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
41—CCj --'
Br da C. Garretson, pecial Magistrate
T Minutes were approved by the Special Magistrate on `J""? 94 0.0 1 9 , as presented
, or as amended .
9