CESM Minutes 09/06/2019 September 6, 2019
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 6, 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: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Elena Gonzalez, Code Enforcement Specialist
Sayls Coutin, Code Enforcement Specialist
September 6, 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 9:00 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
Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item V.B – Hearings, the following cases were moved to V.A – Stipulations:
11. CASE NO: CESD20180015491 - BAYSHORE REDEVELOPMENT GP, LLC
14. CASE NO: CEPM20190002200 - Earl Gottschall
3. CASE NO: CEEX20190009071-PU5719 - PULTE HOME COMPANY, LLC
2. CASE NO: CEEX20190008948-PU5586 - WINDSONG CLUB APTS, LLC
23. CASE NO: CENA20190008674 - Iris Labrie
Under Item V.B – Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20190009508-SO187228 - Arthur L De Filippo
5. CASE NO: CEPM20190000162 - Betty J Slamans and Jon David Steele
6. CASE NO: CEAU20190001214 - Reyna Morgan Vega
7. CASE NO: CEV20190008720 - Valerie Alexis
8. CASE NO: CEV20190006060 - Adan Zuniga and Aurora Zuniga
9. CASE NO: CEPM201900002612 - Albert Lee and Margaret Lee
10. CASE NO: CEAU20190005682 - Vacina Williamceau
12. CASE NO: CENA20190006758 - Philip Gutierrez
13. CASE NO: CEPM20180013584 - Cheryl A Foley
15. CASE NO: CEPM20190004875 - Michelle M English
16. CASE NO: CENA20190006253 - Guerline Fanfan
20. CASE NO: CENA20190004521 - Alejandra Lynch
21. CASE NO: CEV20190008170 - Wilner Joram
22. CASE NO: CESD20190001079 - Patricia Schultz Trust and James Schultz Trust
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
6. CASE NO: CEPM20180009429 - Amber Dawn McCune
12. CASE NO: CEV20190002365 - Saint Louis Moise
13. CASE NO: CENA20190004325 - Saint Louis Moise
14. CASE NO: CEPM20190007538 - ROBERT A FLICK REVOCABLE TRUST
15. CASE NO: CEPM20180011519 - Esteban D Racero Jimenez and Maria E Gamez
Special Magistrate Garretson approved the Agenda as modified
September 6, 2019
3
III. APPROVAL OF MINUTES
The minutes of the August 2, 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
1. CASE NO: CESD20180015491
OWNER: BAYSHORE REDEVELOPMENT GP LLC
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted construction work, including lot clearing and the
introduction of gravel fill on this property.
FOLIO NO: 81271240003
PROPERTY ADDRESS: 2831 Becca Ave, Naples, FL 34112
Officer Johnson requested the hearing.
The Stipulation was entered into by the Respondent’s representative Michael Moore on June 29,
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
October 6, 2019.
2. Abate all violations by obtaining all required Collier County approvals for the parking lot to
include but not be limited to all Collier County Building Permits, Inspections and Certificate
of Completion/Occupancy and approval of all Site Development Plans/Site Development Plan
Amendments or return the property to a permitted state by December 6, 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: $111.90
2. CASE NO: CEPM20190002200
OWNER: Earl Gottschall
OFFICER: William Marchand
VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 4, Section 452.2.17.
Outdoor swimming pool without permanent protective barrier.
FOLIO NO: 71717518607
PROPERTY ADDRESS: 4151 Royal Wood Blvd, Naples, FL 34112
September 6, 2019
4
Officer Marchand requested the hearing.
The Stipulation was entered into by the Earl Gotschall on September 5, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
October 6, 2019.
2. Abate all violations by obtaining all Collier County Building Permits, Inspections and
Certificate of Completion/Occupancy for a permanent swimming pool barrier by December 6,
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: $111.65
3. CASE NO: CEEX20190009071-PU5719
OWNER: PULTE HOME COMPANY LLC
OFFICER: Jose Quintero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section
134-174 (N) and 134-174 (Q). Observed water hose connected to County water
system. No meter and RPZ backflow device. Health, safety, welfare issue.
Unlawful connection, no free water service.
FOLIO NO: 21968201140
PROPERTY ADDRESS: 2707 Aviamar Cir, Naples, FL 34114
Officer Quintero requested the hearing.
The Stipulation was entered into by the Respondent’s representative Andrew Kowalczyk on
September 6, 2019.
Special Magistrate found the Respondent GUILTY of the alleged violation and ordered them 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 $1,500.00 for a total amount due of $1,555.00
payable before October 6, 2019.
Total Amount Due: $1,555.00
4. CASE NO: CEEX20190008948-PU5586
OWNER: WINDSONG CLUB APTS LLC
OFFICER: Natalie Pochmara
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section
118-64. Observed an unauthorized accumulation of litter consisting of, but not
limited to, mattresses, box springs, shopping cart, dressers, glass, wood,
cardboard, microwave with door on, fridge with door on. Health, safety and
welfare issue. Repeat violation.
FOLIO NO: 00197960008
PROPERTY ADDRESS: 11086 Windsong Cir, Naples, FL 34109
Officer Pochmara requested the hearing.
September 6, 2019
5
The Stipulation was entered into by the Respondent’s representative Wanda I. Negron Vega on
September 6, 2019.
Special Magistrate 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 October 6, 2019.
Total Amount Due: $2,055.00
5. CASE NO: CENA20190008674
OWNER: Iris Labrie
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Weeds in excess of 18 inches in height on improved residential zoned
property.
FOLIO NO: 55901120005
PROPERTY ADDRESS: 266 6th St W, Bonita Springs, FL 34134
Officer Connetta requested the hearing.
The Stipulation was entered into by Iris Labrie on September 6, 2019.
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of the case by
October 6, 2019.
2. Mowing or cause to mow any and all weeds, grass, or other similar non-protected overgrowth
in excess of 18 inches in height on this lot. Must mow to a height of less than 6 inches by
September 20, 2019 a fine of $50.00 per day for each day the violation remains.
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: $111.70
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
11. CASE NO: CEPM20150010212
OWNER: Alejandra Brito Embriz
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-229. Occupied dwelling declared a dangerous building by the building
inspector.
FOLIO NO: 63856040002
PROPERTY ADDRESS: 612 Jefferson Ave W, Immokalee, FL 34142
Officer Connetta represented the County and reported the violation was abated but not in the
prescribed time frame accruing fines and costs in the amount of $174,911.90.
Alejandra Brito Embriz was present with her daughter Andrea Segura who acted as translator.
September 6, 2019
6
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
V. PUBLIC HEARINGS
A. HEARINGS
24. CASE NO: CEEX20190009978-DAS
OWNER: Natalie West
OFFICER: Hannah McQueen
VIOLATIONS: Collier County Code of Laws and Ordinances, Article II, Chapter 14, Section
14-36(1)(C). Dogs confined in lanai without clean, sanitary, safe and humane
conditions.
FOLIO NO: 73593500280
PROPERTY ADDRESS: 7833 Stratford Dr, Naples, FL 34104
The Respondent was not present but notified on the hearing by Certified Mail on 8/20/19.
Officer McQueen and Manager Fuentes represented the County.
Evidence Entered: Composite Exhibit 1: 2 photos dated 7/30/19
Composite Exhibit 2: 9 photos dated 5/1/19
Composite Exhibit 3: 15 photos dated 4/4/19
Composite Exhibit 4: 13 photos dated 1/29/19
Composite Exhibit 5: 5 photos dated 1/24/19
Composite Exhibit 6: 10 photos dated 1/31/17
Composite Exhibit 7: 2 photos dated 4/28/19
Composite Exhibit 8: 7 photos dated 8/23/19
Composite Exhibit 9: 16 photos dated 8/23/19
They testified:
The issues with the dogs have been ongoing since June of 2015 with 10 citations issued and
2 currently pending for various incidents (dogs running at large, etc.).
The owner did not attend the classes as required during previous incidents.
The photos depict the condition of the lanai on numerous occasions with feces scattered
about, the animals in cages without food and water and other unsanitary conditions which
led to the citations being issued under the current case.
There are currently 5 dogs in question and 5 minor children reside on the premise as well.
Caroline Cocco testified she lives adjacent to the Respondent and she deals with foul odors on a
consistent basis, barking dogs, and dogs that rush the lanai screen if she enters her backyard. The
activity has had a negative impact on her ability to sell her house.
Lee-Anne Bosch, Goede, Adamczyk, DeBoest & Cross, PLLC, attorney for the homeowners
association where the Respondent lives testified there issue affects the entire community and fines
have been imposed due to violations of community rules. She requested the animals be removed
from the premise.
Manager Fuentes recommended a Civil Penalty of $507 for the costs incurred on the case and the
dogs be surrendered to Domestic Animal Services.
The Respondent, Natalie West and her boyfriend Joshua Wilson appeared at 11:50 a.m., just
prior to a ruling being handed down by Special Magistrate Garretson.
September 6, 2019
7
Mr. Wilson testified the dogs are his but in Ms. West’s name and he can remove them from the
premise, nor did he object to them being removed by DAS.
Ms. West objected to the animals being removed as they clean the area and the incidents depicted
are an occasional occurrence. They have photos of the lanai in a clean condition.
The case was recessed at 12:19 p.m. so Ms. West could locate the photos on her phone.
The case was reconvened at 1:23 p.m.
19. CASE NO: CEV20190008158
OWNER: Cristobalina Morales
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Section 130-97(2).
Commercial vehicle on residential property.
FOLIO NO: 35772240008
PROPERTY ADDRESS: 4280 19th Ave SW, Naples, FL 34116
Officer Fuentes represented the County noting the trailer has been removed but the box truck
remains on site.
Evidence Entered: Composite Exhibit A: 2 photos dated 7/8/19.
Shirley Gomez, Ms. Morales’s granddaughter was present and testified she has assumed control
of the property and has been cleaning up and requested more time to abate the violation. The
box truck is operable but is used for storage and her husband works on the road and is currently
out of town. They investigated building a shed on the property to store items, but at this point it
appears they cannot meet the zoning requirements.
Officer Fuentes did not object to allowing Ms. Gomez 30 days to abate the violation.
Special Magistrate Garretson after hearing the testimony and reviewing the evidence found
the Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of the case by
March 6, 2020.
2. Storing commercial vehicle(s)/equipment within a completely enclosed structure, in rear
yard vegetatively screened and conceal from all views or remove offending vehicle from
said property by October 6, 2019 a fine of $100.00 per day for each day the violation
remains.
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: $111.65
VII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CELU20190004374
OWNER: Martin H Anastasio
OFFICER: Jonathan Musse
September 6, 2019
8
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179. Collier County Land Development Code 04-41, as amended, Section
2.02.03. Outside litter/debris being stored on the property consisting of, but
not limited to, appliances, tv, buckets, ladders, luggage, coolers, disconnected
window air conditioner unit, baby carriage, cardboard boxes and other
discarded materials.
FOLIO NO: 67491120008
PROPERTY ADDRESS: 4409 Thomasson LN, Naples, FL 34112
Supervisor Mucha represented the County noting the violation has not been abated with fines
and costs accruing to date in the amount of $5,823.55.
Martin Anastasio was present and Gilbert Anastacio acted as his interpreter and reported they
have been cleaning up the property and requested more time to abate the violation. They can pay
the Operational Costs of $111.80.
Supervisor Mucha reported progress has been made on abating the violation and he can meet on
site to provide any guidance, as necessary, so the violation is abated.
Special Magistrate Garretson CONTINUED the case until the next hearing date and ordered
the Respondent to pay $111.80 in Operational Costs by October 6, 2019.
4. CASE NO: CEV20180015854
OWNER: Patricia A Hutchinson
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
4.05.03(a). Vehicles parked on the grass in the front yard.
FOLIO NO: 68343560003
PROPERTY ADDRESS: 92 Isle of Saint Thomas, Naples, FL 34114
Supervisor Mucha represented the County noting the violation has not been abated with fines
and costs accruing to date in the amount of $4,373.60.
Pierre Kesner was present and Moise Saint Louis acted as his interpreter.
CASES #4 and 5 WERE COMBINED.
5. CASE NO: CENA20180016089
OWNER: Patricia A Hutchinson
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Section 54-181.
Collier County Land Development Code 04-41, as amended, Section
1.04.01(A). Outside storage of litter consisting of, but not limited to, tires,
metals, buckets, furniture, concrete and other construction materials, trash and
debris on the entire property.
FOLIO NO: 68343560003
PROPERTY 92 Isle of Saint Thomas, Naples, FL 34114
Supervisor Mucha represented the County noting the violation has not been abated with fines
and costs accruing to date in the amount of $8,623.65.
Pierre Kesner was present and Moise Saint Louis acted as his interpreter.
September 6, 2019
9
Mr. Kesner testified he is representing the respondent as the tenant and has been cleaning up the
property and requested more time to abate the violation. They can pay the Operational Costs of
$111.90.
Supervisor Mucha reported progress has been made on abating the violation and he can meet on
site to provide any guidance as necessary so the violation is abated.
Special Magistrate Garretson took the case UNDER ADVISEMENT. Supervisor Mucha to
meet on site with the Respondent’s representative on or before September 13, 2019 to confirm
the violation has been abated and Operational Costs in the amount of $111.90 have been paid.
If said action is taken by the Respondent within the above referenced timeframe, the fines for
both cases and any additional operational costs will be waived.
9. CASE NO: CEPM20180004112
OWNER: Ronald Abel
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15). Florida Building Code, Sixth Edition, (2017), as adopted by
Collier County, at Chapter 4, Section 454.2.17. Unsecure swimming pool
without an approved permanent protective pool barrier in the rear yard of
improved occupied residential property. Unmaintained pool with stagnant
water.
FOLIO NO: 35780080001
PROPERTY ADDRESS: 2172 41st TER SW, Naples, FL 34116
Officer Fuentes represented the County reporting the violation has not been abated noting the
permit for the pool barrier has been rejected by the County and the pool is drained but remains
uncovered.
Mr. Abel reported he had several documents for Special Magistrate Garretson to review.
At 1:22 p.m. the case was recessed.
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
Ms. West Case was reconvened at 1:23 p.m.
24. CASE NO: CEEX20190009978-DAS
OWNER: Natalie West
OFFICER: Hannah McQueen
VIOLATIONS: Collier County Code of Laws and Ordinances, Article II, Chapter 14, Section
14-36(1)(C). Dogs confined in lanai without clean, sanitary, safe and humane conditions.
FOLIO NO: 73593500280
PROPERTY ADDRESS: 7833 Stratford Dr, Naples, FL 34104
Ms. West displayed photos on her phone of the following dates with a clean lanai: 2/5/19, 2/28/19,
3/16/19, 3/24/19, 3/25/19, 4/6/19, 4/15/19, 4/7/19, 4/23/19, 5/6/19, 7/13/19 and 9/15/19.
September 6, 2019
10
Manager Fuentes noted the dates of Staff’s investigation of complaints ( 3/8/19, 4/4/19 and
5/2/19) indicated the areas was cleaned up as the result of the complaints and then the issue is
allowed to reoccur.
Special Magistrate Garretson noted there is a long history of issues and the environment is not
healthy for the dogs. The numbers of dogs are beyond Ms. West’s ability to properly care for
them.
Special Magistrate Garretson found the Respondent Guilty of the alleged violation and ordered
her to:
1. Pay a Civil Penalty in the amount of $507.00 for the costs incurred with the case by October
6, 2019.
2. Surrender care, custody and control of all dogs on the premise to Domestic Animal Services
and pay the cost for said surrender of $25/dog ($125.00 total).
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
Mr. Abel’s case was reconvened at 1:40 p.m.
9. CASE NO: CEPM20180004112
OWNER: Ronald Abel
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15). Florida Building Code, Sixth Edition, (2017), as adopted by
Collier County, at Chapter 4, Section 454.2.17. Unsecure swimming pool
without an approved permanent protective pool barrier in the rear yard of
improved occupied residential property. Unmaintained pool with stagnant
water.
FOLIO NO: 35780080001
PROPERTY ADDRESS: 2172 41st TER SW, Naples, FL 34116
Officer Fuentes reported the swimming pool is uncovered and there is not self closing latch on the
gate to the area.
Evidence Entered: Exhibit 1: 1 photo dated 10/19/18
Mr. Abel reported:
The fence does not have a gate and the area is secure.
It is necessary to retain some water in the pool to ensure it does not “pop up” out of the
ground and he cleans the pool on a regular basis.
He was recently notified on the rejection of the permit application and has responded and
the permanent barrier is in place.
Manager Letourneau reported according to his records, the permit was filed on 6/18/19 with
corrections letters issued on 6/20/19 and 7/10/19.
Officer Fuentes contended there is a gate on the pool barrier.
Special Magistrate Garretson requested Mr. Abel to contact the permit reviewer to determine the
status of his application.
September 6, 2019
11
Special Magistrate Garretson CONTINUED the case until the next hearing date.
V. PUBLIC HEARINGS (Continued)
A. HEARINGS
4. CASE NO: CENA20190007203
OWNER: Maria Teresa Gomez
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181. Two large tree stumps on front lawn
FOLIO NO: 68343440000
PROPERTY ADDRESS: 89 Isle of Saint Thomas, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 8/14/19
Date of Hearing Notice Property/Courthouse Posting: 8/14/19
Officer Connetta represented the County noting the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 2 photos dated 6/13/19
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of the case by
October 6, 2019.
2. Abate the violation by removing all unauthorized accumulation of litter to a site intended
for final disposal by September 13, 2019 or a fine of $100.00 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: $111.65
17. CASE NO: CEPM20190002467
OWNER: Javier Hernandez, Laura Hernandez, Ruben Gonzalez and Paula Gonzalez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(b) and Section 22-242. Unsecured vacant mobile home with
extensive exterior wall damage and open windows where access can be
gained.
FOLIO NO: 00127562104
PROPERTY ADDRESS: 308 S 4th St, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 8/16/19
Date of Hearing Notice Property/Courthouse Posting: 8/12/19
Officer Connetta represented the County noting the violation has not been abated.
Evidence Entered: Exhibit 1: 1 photo
Composite Exhibit 2: 2 photos dated 7/8/19
September 6, 2019
12
Exhibit 3: 1 photo dated 9/5/19
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 $111.65 incurred in the prosecution of the case by
October 6, 2019.
2. Abate all violations by obtaining all required Collier County Building Permit(s) or
Demolition Permit, Inspections and Certificate of Completion/Occupancy for the repair of
the exterior walls and secure the mobile home by October 6, 2019 or a fine of $250.00 per
day will be imposed until the violation is abated.
3. Alternatively, if a boarding Certificate is obtained and the structure is boarded by
September 13, 2019, then the time required to complete the repairs, inspections and
Certificate of Completion/Occupancy will be extended to March 6, 2020 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
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: $111.65
18. CASE NO: CENA20190004007
OWNER: Leonard Albert Maxson and Marcia Morgan Maxson
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(b). Weeds over 18 inches within 30 feet of the main structure.
FOLIO NO: 41286160008
PROPERTY ADDRESS: 1975 Everglades Blvd S, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 8/14/19
Date of Hearing Notice Property/Courthouse Posting: 8/14/19
Officer Connetta represented the County noting the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 2 photos dated 6/13/19
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of the case by
October 6, 2019.
2. Mow or cause to mow any and all weeds, grass, or other similar non-protected overgrowth
in excess of 18 inches in height located within 30 feet of any residential structure up to any
lot line by October 6, 2019 a fine of $100.00 per day for each day the violation remains.
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: $111.65
September 6, 2019
13
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. 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 Section 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 34112
Supervisor Mucha represented the County and reported the violation has been abated.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
2. CASE NO: CELU20190001511
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
1.04.01(A) and Section 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 and a disassembled
plastic shed.
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112
Supervisor Mucha represented the County and reported the violation has been abated.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines.
7. CASE NO: CENA20180002498
OWNER: Leonard Albert Maxson and Marcia Morgan Maxson
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179 and Section 54-181. Collier County Land Development Code 04-41,
as amended, Section 1.04.01(A) and Section 2.02.03. Litter/outside storage
consisting of, but not limited to, plastic, metal, glass and illegal storage of
building materials on the property.
FOLIO NO: 41286160008
PROPERTY ADDRESS: 1975 Everglades Blvd S, Naples, FL 34117
Officer Asaro presented the case reporting the violation has not been abated.
Date of Hearing Notice by Certified Mail: 8/15/19
Date of Hearing Notice Property/Courthouse Posting: 8/9/19
The Respondents were not present.
September 6, 2019
14
Special Magistrate Order: No. 5625 Page: 2822
Fine Amount: $100.00/day
Duration: 140 days
Total Fine Amount: $14,000.00
Unpaid Operational Costs: $223.85
Total to Date: $14,223.85
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 $14,223.85. Said amount
to become a lien on the property with fines continuing to accrue.
8. CASE NO: CEAU20190002892
OWNER: Homer Lawson and Ann G Lawson
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
5.03.02(F)(3). Damaged/broken fence in the rear property, leaning into the
abutting property.
FOLIO NO: 62845320006
PROPERTY ADDRESS: 548 107th Ave N, Naples, FL 34108
Officer Short presented the case reporting the violation has not been abated.
Date of Hearing Notice by Certified Mail: 8/15/19
Date of Hearing Notice Property/Courthouse Posting: 8/14/19
The Respondents were not present.
Special Magistrate Order: No. 5667 Page: 2995
Fine Amount: $100.00/day
Duration: 32 days
Total Fine Amount: $3,200.00
Unpaid Operational Costs: $223.55
Total to Date: $3,423.55
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 $3,423.55. Said amount to
become a lien on the property with fines continuing to accrue.
10. CASE NO: CENA20180015021
OWNER: Henry Schulman
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181. Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter/outside storage consisting of, but not limited to, a washer and
dryer, cabinets, furniture and containers.
FOLIO NO: 00454760006
PROPERTY ADDRESS: 5525 Lee Williams Rd, Naples, FL 34117
Supervisor Mucha presented the case reporting the violation has not been abated.
Date of Hearing Notice by Certified Mail: 8/15/19
Date of Hearing Notice Property/Courthouse Posting: 8/19/19
The Respondent was not present.
Special Magistrate Order: No. 5621 Page: 1701
September 6, 2019
15
Fine Amount: $50.00/day
Duration: 170 days
Total Fine Amount: $8,500.00
Unpaid Operational Costs: $223.65
Total to Date: $8,723.65
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 $8,723.65. Said amount to
become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. 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.
There were no cases submitted under this item.
XI. REPORTS
11.1. CEEX20190004844-PU5408 OPUS APARTMENT LLC
11.2. CEEX20190005245-PU5578 MARK E SCHUSTER TRUST
11.3. CEEX20190006846-PU5582 CREEKSIDE WEST INC
The Utilities Department requested the above referenced orders reflect the Respondent was
summoned to attend the proceedings and did not request a hearing.
11.4. Special Magistrate Rules and Regulations Workshop
Continued
XII. NEXT MEETING DATE – October 4, 2019 at 9:00 a.m.
*****
September 6, 2019
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 2:50 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Br nda C. Ga , Special Magistrate
The Minutes we approved by the Special Magistrate on C ' ckQy' 4 ) of 1
asp resented , or as amended
16