CESM Minutes 06/07/2019 June 7, 2019
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 7, 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 Administrat ive
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 Direct or
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Specialist
Elena Gonzalez, Code Enforcement Specialist
June 7, 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 9:00 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. Gonzalez noted the following changes to the Agenda (listed below as Agenda item numbers):
Under Item V.B – Hearings, the following cases were moved to V.A – Stipulations:
8. CASE NO: CEEX20190003217-PU5401 OWNER: Taylor Morrison Esplanade Naples, LLC
9. CASE NO: CEEX20190003213-PU5400 OWNER: Taylor Morrison Esplanade Naples, LLC
14. CASE NO: CENA20190000816 OWNER: Troy Broitzman and Quenby A. Broitzman
16. CASE NO: CEPM20180012850 OWNER: Kathleen A. McGrath
18. CASE NO: CENA20180012573 OWNER: Kenneth Alan Blake and Dorothy R. Blake
25. CASE NO: CEA20190003179 OWNER: Thomas M. Aiello and Shari Cosme Aiello
10. CASE NO: CEV20190001509 OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
11. CASE NO: CELU20190001511 OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
19. CASE NO: CEV20190001379 OWNER: Ricardo Guajardo and Holli Strickhorn
Under Item V.B – Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20190000037-SO186992 OWNER: Gerald S. Cohen
3. CASE NO: CEEX20190004999-PR060550 OWNER: Tom W. Davison
7. CASE NO: CEEX20190004844-PU5408 OWNER: Opus Apartment, LLC
15. CASE NO: CEPE20180015035 OWNER: Julio Garcia
17. CASE NO: CEV20190000916 OWNER: Martin Weeks, Est.
20. CASE NO: CEPM20180014417 OWNER: Barvinok, LLC
21. CASE NO: CELU20190003029 OWNER: Belot S. Branchedor and Maritane Branchedor-Dumel
26. CASE NO: CEEX20180015205-SO187180 OWNER: Fran Richardson
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
1. CASE NO: CEPM20180010081 OWNER: Steven J. Stilton, Est.
9. CASE NO: CESD20160007694 OWNER: MHC-Naples Est. Ltd. Partnership
10. CASE NO: CEPM20180006789 OWNER: Maricia Noel. Inc.
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the May 3, 2019 hearing were reviewed by Special Magistrate Garretson and approved
as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
None
June 7, 2019
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B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
8. CASE NO: CEEX20190003217-PU5401
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: Robin L Goldsboro
VIOLATIONS: PU Backflow Tampering 134-174(N). Unlawful connection prohibited.
FOLIO NO: 31347530286
PROPERTY ADDRESS: 9384 Rapallo St, Naples, FL
Officer Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Ryan Futch on June 7, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case, an
Administrative Fee of $5.00 and a Civil Penalty of $2,000.00 for a total amount due of $2,055.00
payable before July 7, 2019.
9. CASE NO: CEEX20190003213-PU5400
OWNER: TAYLOR MORRISON ESPLANADE NAPLES LLC
OFFICER: Robin L Goldsboro
VIOLATIONS: PU Backflow Tampering 134-62, Section 1.9
FOLIO NO: 31347531421
PROPERTY ADDRESS: 9441 Rapallo St., Naples, FL
Officer Goldsboro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Ryan Futch on June 7, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case, an
Administrative Fee of $5.00 and a Civil Penalty of $10,000.00 for a total amount due of
$10,055.00 payable before July 7, 2019.
10. CASE NO: CEV20190001509
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-
97(3) and 130-97(5). Commercial vehicles and/or equipment being stored on
residential property and visible from the road.
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL
Officer Giguere requested the hearing.
The Stipulation was entered into by Maria Jaramillo on June 7, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by
July 7, 2019.
2. Abate all violations by storing commercial vehicle(s)/equipment in rear yard and conceal from
view, or store commercial vehicle(s)/equipment within a completely enclosed structure, or
June 7, 2019
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remove offending vehicle(s)/equipment from residentially zone area by June 21, 2019 or a
$100.00 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: $111.85
11. CASE NO: CELU20190001511
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section1.04.01(A) and
2.02.03. Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-179 and 54- 181. Litter and/or multiple items being stored outside
consisting of, but not limited to, tires, metal, plastic, wood, buckets, a disassembled
plastic shed, etc.
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL
Officer Giguere requested the hearing.
The Stipulation was entered into by Maria Jaramillo on June 7, 2019.
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 7, 2019.
2. Abate all violations by removing all unauthorized accumulation of litter and/or outside storage
from the property to a site intended for final disposal or store items within a completely
enclosed structure by June 21, 2019 or a $100.00 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
VI. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: CEEX20180015930-SO187200
OWNER: Lynn F Dillon
OFFICER: Deputy J Mironov
VIOLATIONS: SO Handicapped Parking 30-67(a). No placard.
PROPERTY ADDRESS: 8300 Collier Blvd, Naples, FL
The Respondent was not present but the Special Magistrate found proper notice for the hearing
was given by regular mail on 5/21/19.
June 7, 2019
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Deputy Mironov represented the County and testified on the day of the incident, he observed a
vehicle parked in a space reserved for handicapped patrons without displaying the proper
handicap placard and issued the Citation.
Special Magistrate Garretson, after hearing the testimony UPHELD the issuance of the Citation
and ordered the Respondent to pay a fine in the amount of $250.00, Operational Costs in the
amount of $50.00 and an Administrative Fee of $5.00 for a total amount due of $305.00 payable
by July 7, 2019.
6. CASE NO: CEEX20190005198-SO168512
OWNER: Victor E Sconiers
OFFICER: Deputy D. Dear
VIOLATIONS: SO Handicapped Parking 130-67(a)
FOLIO NO:
PROPERTY ADDRESS: 4200 Atoll Ct, Naples, FL
Deputy Dear was present.
Mr. Sconiers was present and testified:
That on the day of the incident he was assisting a property manager relocate to Naples from
the Orlando area.
When he arrived on scene late at night, there were no spaces available to park his truck
which was towing a trailer.
The only area to unload required him to park perpendicular to a series of spaces and a
portion of his truck blocked entrance to a handicap parking space.
The manager granted him permission to park in the area and he read an email from her
which verified this assertion.
Deputy Dear testified:
That in the early morning hours of the incident, he responded to a complaint of a vehicle
blocking a handicap parking space.
When he arrived on scene, he observed the vehicle blocking 3 parking spaces as Mr.
Sconiers testified, one of which was a handicap parking space.
The area is a public parking lot and the manager does not have the authority to grant
permission to utilize the parking space by a non-eligible party.
He could not locate the owner of the vehicle to request it be moved and accordingly issued
the Citation.
Mr. Sconiers testified:
That he needed to use the area as there was no reasonable area available (nearest area
approximately 300 feet) to unload the furniture.
He was inside the unit setting up furniture at the time the Citation was issued and intended
to move the vehicle upon completion of the unloading the remaining items in the trailer.
He requested if issuance of the Citation is upheld, the Special Magistrate consider reducing
the cost of the fine.
Special Magistrate Garretson reported she does not have the authority to reduce the amount of
the fine, but may grant additional time to pay the cost.
June 7, 2019
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Special Magistrate Garretson, after hearing the testimony, UPHELD issuance of the Citation
and ordered the Respondent to pay $50.00 in Operational Costs, a $5.00 Administrative fee and a
fine of $250.00 for a total amount due of $305.00 payable by December 7, 2019.
5. CASE NO: CEEX20190005669-SO168613
OWNER: Ben M. Daidone
OFFICER: Deputy E. Eliasek
VIOLATIONS: SO Handicapped Parking 130-67(a). No placard.
FOLIO NO:
PROPERTY ADDRESS: 2305 Davis Blvd, Naples, FL
The Respondent was not present but the Special Magistrate found proper notice for the hearing
was given by regular mail on 5/21/19.
Deputy Eliasak represented the County and testified that on the day of the incident he responded
to a complaint of a vehicle with a trailer blocking a handicap parking spot. When he appeared on
scene he observed the vehicle in question parked perpendicular to the parking spaces blocking a
space reserved for handicapped individuals.
Evidence Entered: Composite Exhibit A: 2 photos depicting the vehicle in question.
Special Magistrate Garretson, after hearing the testimony, UPHELD issuance of the Citation
and ordered the Respondent to pay $50.00 in Operational Costs, a $5.00 Administrative fee and a
fine of $250.00 for a total amount due of $305.00 payable by July 7, 2019.
22. CASE NO: CENA20180012429
OWNER: Angelo Lucarelli and Gail Lucarelli
OFFICER: Christopher Harmon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). Presence of prohibited exotic vegetation, including, but not limited
to, Brazilian Pepper and Melaleuca trees on an unimproved parcel not zoned
Estates or Agricultural, within 200 feet of improved property.
FOLIO NO: 00163080006
PROPERTY ADDRESS: No site address
Francesca Passidomo, Attorney for the Respondent filed a motion “Lucarelli’s Objection to
County’s Notice of Violation” reporting that the Respondent alleges the notice is defective, the
County failed to provide him proper statutory notice and the 1 month cure period for the violation
is unreasonable.
Investigator Short represented the County and testified that the violation notice was delivered via
personal service on December 21, 2018.
Manager Letourneau reported that the case was withdrawn from hearing previously as they were
working on a stipulation agreement with the respondent. They are willing to extend the time for
abating the violation if the respondent is cooperative.
Ms. Passidomo reported that abating the violation requires issuance of permits including work in a
wetland area and one month to remediate the issue is unreasonable.
June 7, 2019
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The Special Magistrate, noted the motion was just filed and she needs ample time to review the
documentation and CONTINUED the case.
VII. STIPULATIONS (Continued)
14. CASE NO: CENA20190000816
OWNER: Troy Broitzman and Quenby A. Broitzman
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
1.04.01(A). Litter/outside storage including, but not limited to, several piles of
pallets and tile, and construction materials/equipment on a vacant lot.
FOLIO NO: 00748880003
PROPERTY ADDRESS: 2375 Marete Dr., Naples, FL 34114
Officer Cathey requested the hearing.
The Stipulation was entered into by Troy Broitzman on June 7, 2019.
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 7, 2019.
2. Abate all violations 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
September 7, 2019 or a $100.00 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
16. CASE NO: CEPM20180012850
OWNER: Kathleen A McGrath
OFFICER: Eric Short
VIOLATIONS: Florida Building Code, 6th Edition, Chapter 4, Section 454.2.17 and Collier County
Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a).
Damaged/missing residential swimming pool barrier.
FOLIO NO: 69145008005
PROPERTY ADDRESS: 10161 Regent Circle Naples, FL
Officer Short requested the hearing.
The Stipulation was entered into by Kathleen McGrath on June 7, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
July 7, 2019.
2. Abate all violations by obtaining all required Collier County Building Permit(s), inspections,
and Certificates of Completion by December 7, 2019 or a $200.00 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
June 7, 2019
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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
18. CASE NO: CENA20180012573
OWNER: Kenneth Alan Blake and Dorothy R Blake
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
179 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter and/or illegal outdoor storage consisting of, but not limited to, roof
materials, fencing, tools/auto repair equipment, ladders and plastic containers.
FOLIO NO: 45847720003
PROPERTY ADDRESS: 1391 11th St SW, Naples, FL
Officer Holmes requested the hearing.
The Stipulation was entered into by Kenneth A. Blake on June 7, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
July 7, 2019.
2. Abate all violations 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
September 7, 2019 or a $100.00 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
19. CASE NO: CEV20190001379
OWNER: Ricardo Guajardo and Holli Strickhorn
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-
97(3). Commercial type trailer in front yard/driveway.
FOLIO NO: 22624560001
PROPERTY 4607 Dominion Dr, Naples, FL
Officer Giguere requested the hearing.
The Stipulation was entered into by Holli Strickhorn on June 7, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by
December 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
June 7, 2019
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residentially zone area by June 14, 2019 or a $100.00 per day fine will be imposed until the
violation has been abated.
3. Limit designated parking to stabilized subsurface base or plastic grid stabiliszaiton system
covered by surface area made of concrete, crushed stone, crushed shell, asphalt, pavers or turf
parking systems specifically designated for parking automobiles and must limit designated
parking areas to 40% of the required front yard or no less than a 20 foot wide drieway by June
14, 2019 or a $100.00 per day fine will be imposed until the violation has been abated.
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: $111.85
25. CASE NO: CEA20190003179
OWNER: Thomas M Aiello and Shari Cosme Aiello
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07. The
keeping of livestock animals on this property totaling more than the allowed five (5)
for the particular acreage (2.58). Including the keeping of a pig on the property.
FOLIO NO: 36765241000
PROPERTY ADDRESS: 3440 7th Ave SW, Naples, FL
Officer Holmes requested the hearing.
The Stipulation was entered into by Shari Aiello on June 5, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.95 incurred in the prosecution of this case by
July 7, 2019.
2. Pay a Civil Penalty of $500.00 for a repeat violation by July 7, 2019.
Total Amount Due: $611.95
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
23. CASE NO: CENA20180015055
OWNER: Martin Weeks EST
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
5-179 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Prohibited storage/litter such as wood debris/door, chairs, scrap metal,
tires and misc. items.
FOLIO NO: 26085560002
PROPERTY ADDRESS: 351 Smallwood Dr, Chokoloskee, FL
Blake Weeks, Mr. Hamilton’s son represented the Respondent and reported that his father
passed away and he has been working to abate the violation. He requested more time to finish
the abatement as only the metal debris needs to be removed in order to address the issue.
Officer Hamilton represented the County and had no objection to the request.
June 7, 2019
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Special Magistrate Garretson CONTINUED the case for 30 days.
24. CASE NO: CEV20190003658
OWNER: George Saintil and Claricia Saintil
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed vehicle parked on the driveway. Recurring violation.
FOLIO NO: 25967801343
PROPERTY ADDRESS: 14599 Chickee Dr, Naples, FL
Ms. Saintil was present.
Officer Cathey represented the County.
Evidence Entered: Exhibit A: 1 photo dated 4/1/19
Exhibit B: 1 photo dated 5/22/19
Exhibit C: 1 photo dated 6/7/19
Exhibit D: 1 aerial photo of the property.
Officer Cathey testified that the inoperable vehicle has been removed but requested a finding a
violation occurred at the time the notice was issued.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation and ordered them to pay Operational Costs in
the amount of $111.90 by July 7, 2019.
VI. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEPM20180002511 OWNER: Serge Gascon and Lucie Gascon
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15), 22-231(12)(1) and 22-228(1). Pool green in color, stagnant, and not
properly maintained, ripped or missing screen panels from the pool enclosure
and a damaged pool enclosure.
FOLIO NO: 55252560000
PROPERTY ADDRESS: 130 Palmetto Dunes Cir, Naples, FL
The Respondent was present.
Supervisor Mucha presented the Motion for Imposition of Fines and Lines reporting the violation
has been abated.
Special Magistrate Garretson DENIED the County’s Motion.
4. CASE NO: CEROW20170005070
OWNER: Antonia Garcia and Minerva Garcia
OFFICER: Benjamin Plourd
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division
I, Section 110-30. Culvert and drainage pipe has failed.
FOLIO NO: 00762360004
PROPERTY ADDRESS: 11431 Trinity PL, Naples, FL
June 7, 2019
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The Respondent was present.
Supervisor Mucha presented the Motion for Imposition of Fines and Lines reporting the violation
has been abated.
Special Magistrate Garretson DENIED the County’s Motion.
5. CASE NO: CESD20180001882
OWNER: Rookery Bay Business Park, LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.13(F). Failure to submit annual PUD Monitoring Report.
FOLIO NO: 00732800002
PROPERTY ADDRESS: No Site Address
The Respondent was present.
Officer Ambach presented the Motion for Imposition of Fines and Lines reporting the violation
has been abated.
Special Magistrate Garretson DENIED the County’s Motion.
6. CASE NO: CELU20180000322
OWNER: Paul Craig
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and 54-179 and Collier County Land Development Code 04-41, as
amended, Section 2.02.03. Various debris and materials located throughout the
property.
FOLIO NO: 48171160006
PROPERTY ADDRESS: 2754 Shoreview Dr, Naples, FL
The Respondent was present.
Supervisor Mucha presented the Motion for Imposition of Fines and Lines reporting the violation
has been abated however Operational Costs in the amount of $111.85 have not been paid from the
previous meeting.
Special Magistrate Garretson GRANTED the County’s Motion in the amount of $111.85.
11. CASE NO: CEV20180006871
OWNER: Norma A Martinez
OFFICER: Paula Guy
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
Officer Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: No. 5593 Page: 3851
June 7, 2019
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Fine Amount: $50.00/day
Duration: 122 days)
Total Fine Amount: $6,100.00
Unpaid Operational Costs: $111.75
Total to Date: $6,211.75
Ms. Martinez was present and testified the trailers have been registered and the only remaining
item is the white car. They do not have the title to the car as the previous owner passed away
and they are trying to rectify the issue. She contacted junkyards to remove the vehicle but they
declined service without a title.
Manager Letourneau reported they are aware of some businesses that will remove the car and
will provide the information to Ms. Martinez.
Special Magistrate Garretson CONTINUED the case until July 5, 2019.
Break: 12:01 p.m.
Reconvened: 12:15 p.m.
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
4. CASE NO: CEEX20190003057-PR060072
OWNER: Janice and Daniel R Callot
OFFICER: Park Ranger B Gorniak
VIOLATIONS: PR Handicapped Parking PR 130-67(a). Expired.
FOLIO NO:
PROPERTY Veterans Community Park, Naples, FL
The Respondent was not present however was notified of the hearing by regular mail on 5/21/19.
Ranger Gorniak was not present and Staff reported the Department was notified on the hearing
and Mr. Gorniak could not attend and did not want the hearing rescheduled.
Special Magistrate Garretson DISMISSED the Citation.
12. CASE NO: CENA20180016089
OWNER: Patricia A Hutchinson
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws, Chapter 54, Article VI, Section 54-181 and
Collier County Land Development Code 04-41, as amended, Section
1.04.01(A). Outside storage of tires, metals, buckets, furniture and other
concrete and construction materials. Trash and debris on the entire property.
FOLIO NO: 68343560003
PROPERTY ADDRESS: 92 Isle of Saint Thomas, Naples, FL
The Respondent was not present.
Date of Hearing Notice: 5/20/19
Date of Property/Courthouse Posting: 5/20/19
Officer Pitura requested the hearing.
Evidence Entered: Composite Exhibit A: 2 photos dated 12/31/18
June 7, 2019
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Special Magistrate found the notice was properly served and 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 7, 2019.
2. Abate all violations by removing all unauthorized accumulation of litter from the property
to a site intended for final disposal or storing items within a completely enclosed structure
by June 14, 2019 or a $100.00 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
13. CASE NO: CEV20180015854
OWNER: Patricia Hutchinson
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
4.05.03(A). Vehicles parked on the grass.
FOLIO NO: 68343560003
PROPERTY ADDRESS: 92 Isle of Saint Thomas, Naples, FL
The Respondent was not present.
Date of Hearing Notice: 5/20/19
Date of Property/Courthouse Posting: 5/20/19
Officer Pitura requested the hearing.
Evidence Entered: Exhibit A: 1 photo dated 12/31/18
Exhibit B: 1 photo dated 1/24/19
Special Magistrate found the notice was properly served and 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
December 7, 2019.
2. Park on a stabilized base or plastic grid stabilizaiton system covered by surface areas
made of concrete, stone, crushed shell, asphalt, pavers or turf parking systems specifically
designated for the parking of automobiles by June 14, 2019 or a $100.00 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
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
June 7, 2019
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2. CASE NO: CENA20180003325
OWNER: Anita Flores
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter and outside storage of items consisting of, but not limited to,
indoor furniture, appliances, a plastic crate, concrete blocks, and a cooler on
improved occupied residential property and the right of way.
FOLIO NO: 30683080006
PROPERTY ADDRESS: 4390 56th Ave NE, Naples, FL
The Respondent was present.
Date of Hearing Notice: 5/19/19
Date of Property/Courthouse Posting: 5/19/19
Officer Ambach represented the County noting the violation has not been abated.
Special Magistrate Order: No. 5563 Page: 2331
Fine Amount: $100.00/day
Duration: 229 days
Total Fine Amount: $22,900.00
Unpaid Operational Costs: $223.75
Total to Date: $23,123.75
Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED
the County’s Motion for Imposition of Fines for a total amount due of $23,123.75. Said
amount to become a lien on the property with fines continuing to accrue.
7. CASE NO: CEOCC20180010708
OWNER: Hernan J Castano
OFFICER: Benjamin Plourd
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: 31530680008
PROPERTY ADDRESS: 3840 Exchange Ave, Unit 117, Naples, FL
The Respondent was not present.
Date of Hearing Notice: 5/19/19
Date of Property/Courthouse Posting: 5/19/19
Officer Short presented the Motion for Imposition of Fines and Lines reporting the violation has been
abated.
Special Magistrate Garretson DENIED the County’s Motion.
8. CASE NO: CEOCC20180010901
OWNER: Hernan J Castano
OFFICER: Benjamin Plourd
June 7, 2019
15
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 ADDRESS: 3842 Exchange Ave, Unit 118, Naples, FL
The Respondent was not present.
Date of Hearing Notice: 5/19/19
Date of Property/Courthouse Posting: 5/19/19
Officer Short presented the Motion for Imposition of Fines and Lines reporting the violation has been
abated.
Special Magistrate Garretson DENIED the County’s Motion.
B. EMERGENCY CASES
None
VI. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
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.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County’s Request.
IX. REPORTS
10.1 Special Magistrate Rules and Regulations Workshop
Continued
X. NEXT MEETING DATE – JULY 5, 2019 at 9:00 a.m.
*****
June 7, 2019
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:44 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
_ •/ dill_
B •nda .GarretlFr pe'ial Magistrate
The Minutes were aped by the Special Magistrate on S t 1
as presented , or as amended
16