CESM Minutes 11/01/2019 November 1, 2019
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 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 Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Jeff Letourneau, Manager of Inspectors
Elena Gonzalez, Code Enforcement Specialist
Helen Buchillon, Code Enforcement Specialist
November 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 9:00 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 that the following changes (listed below as Agenda item numbers):
Under Item V.B – Hearings, the following cases were moved to V.A – Stipulations:
13. CASE NO: CEVR20190002173 - ROCKPORT NAPLES, LLC ET AL
10. CASE NO: CESD20190007418 - UOOLIGAN NAPLES MANOR RE, LLC
16. CASE NO: CELU20190011006 - Jeffrey M. Stone and Kelsey Edwards
4. CASE NO: CEEX20190012063 - PU5409 -TAYLOR MORRISON OF FL, INC.
7. CASE NO: CENA20190003782 - Dale Ebanks
19. CASE NO: CEV20190009342 - Mark Higgins
17. CASE NO: CEPM20190006863 - ULLAHS PROPERTIES, LLC
21. CASE NO: CENA20190011148 - VERONAWALK HOMEOWNERS ASSOC, INC.
23. CASE NO: CELU20190002591 - NAPLES ALF, INC.
Under Item V.B – Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20190012241 - SO187980 - Victoria L Gonzales
8. CASE NO: CEV20190005833 - Marie M. Bournelus and Telisma Antoine
9. CASE NO: CENA20190007554 - ROBERT A. FLICK REVOCABLE TRUST
14. CASE NO: CENA2019001018 - Edgar L. Hernandez and Sandra Hernandez
15. CASE NO: CENA20190008658 - Gary W Stumbo
18. CASE NO: CEAU20190008573 - 2816 HOLLY AVENUE TRUST
22. CASE NO: CEV20190004854 - Robert Edward Mathews and Ronda Mathews
24. CASE NO: CEV20190006242 - Eleazar Avilez and Gabriela A. Avilez
25. CASE NO: CENA20190010400 - John Mills
Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:
8. CASE NO: CEPM20190002467 - Javier Hernandez and Laura Hernandez and Ruben Gonzalez and
Paula Gonzalez
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the October 4, 2019 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
IV. MOTIONS
A. MOTION FOR CONTINUANCE
November 1, 2019
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None
B. MOTION FOR EXTENSION OF TIME
None
V. STIPULATIONS
13. CASE NO: CEVR20190002173
OWNER: ROCKPORT NAPLES, LLC ET AL
OFFICER: William Marchand
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2).
Failure to maintain required landscaping in a healthy condition in perpetuity as per
the approved Building and Site Plan 86-002 and failure to replace buffer along rear
of building consisting of, but not limited to, mahogany trees and ficus hedge.
FOLIO NO: 00391600009
PROPERTY ADDRESS: 3871 Tamiami Trail E, Naples, FL 34112
Officer Marchand requested the hearing.
The Stipulation was entered into by the Respondent’s representative Richard Cohen on October 31,
2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019.
2. Abate the violation by replacing missing Mahogany Trees and Ficus Hedge on the Site
Development Plan or must apply for an insubstantial change to the Site Development Plan
and obtain approval for other variety/species to be used in place of approved trees by May 1,
2020 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: $111.70
10. CASE NO: CESD20190007418
OWNER: UOOLIGAN NAPLES MANOR RE, LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). 1,351 sq. ft. wooden structure built without first obtaining a valid
Collier County permit.
FOLIO NO: 62150200002
PROPERTY ADDRESS: 11163 Tamiami Trail E, Naples, FL 34113
Officer Musse requested the hearing.
The Stipulation was entered into by the Respondent’s representative Yashira Miranda on October
30, 2019.
November 1, 2019
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Finding the notice was properly served, Special Magistrate Garretson found the Respondent
GUILTY of the alleged violation and ordered him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019.
2. Obtain all required Collier County Building Permit(s), Demolition Permit, Inspections, and
Certificate of Completion for the wooden structure by May 1, 2020 or a fine of $100.00 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: $111.70
16. CASE NO: CELU20190011006
OWNER: Jeffrey M. Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
179 and 54-185(a) and Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Weeds that exceed eighteen inches and outside storage consisting
of, but not limited to, dishwasher, window, air conditioning unit, blue tarp, wood
crates and stool.
FOLIO NO: 68341720007
PROPERTY ADDRESS: 46 Moon Bay St, Naples, FL 34114
Officer Musse requested the hearing.
The Stipulation was entered into by Jeffrey Stone on October 31, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019 and found the respondent was in violation of the referenced ordinance at
the item a notice of violation was issued for the recurring violation of weeds/grass over 18
inches and for the outside storage/litter.
Total Amount Due: $111.70
4. CASE NO: CEEX20190012063-PU5409
OWNER: TAYLOR MORRISON OF FL, INC.
OFFICER: Robin L Goldsboro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134-62, Section 1.9, Utilities
Standard Manual. Observed the back leg of County RPZ missing; exposing faucet
for connection, creating a health, safety and welfare issue.
FOLIO NO: 31347863364
PROPERTY ADDRESS: 8111 Calle Canovas St, Naples, FL 34114
Officer Goldsboro requested the hearing.
November 1, 2019
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The Stipulation was entered into by the Respondent’s representative Rob Summers, II on November
1, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to:
1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case.
2. Pay an Administrative Fee of $5.00 incurred in the prosecution of this case.
3. Pay a Civil Penalty of $14,000.00
4. Total charges in the amount of $14,055.00 are due and payable by December 1, 2019.
7. CASE NO: CENA20190003782
OWNER: Dale Ebanks
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181, 54-179 and 54-185(d). Prohibited exotics consisting of, but not limited to, air
potato and vegetative debris/litter consisting of, but not limited to, cans, plastic and
trash scattered throughout the unimproved property.
FOLIO NO: 00446680000
PROPERTY ADDRESS: 334 Porter St, Naples, FL 34113
Officer Giguere requested the hearing.
The Stipulation was entered into by Dale Ebanks on November 1, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019.
2. Abate the violation by removing any and all unauthorized accumulation of litter and /or
vegetative debris from the property to a site intended for final disposal by November 15, 2019
or a fine of $100.00 per day will be imposed until the violation has been abated.
3. Must remova any and all Collier County Prohibited Exotric vegetation that exists within a 200
ft. radius of any improved property by January 2, 2020 or a fine of $100.00 per day will be
imposed unitl the violation is abated. The use of heavy machinery to do mechanical clearing
of exotics requires a Vegetation Removal Permit. When prohibited exotic vegetation foliage is
removed, but the base of the vegetation remais, the base and every cut stem or stump must be
immediately treated with a U.S. Environmetnal Proetectoin Agency approved hericide
containing a visible tracer dye.
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: $111.70
19. CASE NO: CEV20190009342
OWNER: Mark Higgins
OFFICER: Daniel Hamilton
November 1, 2019
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. Multiple inoperable and/or unregistered vehicles on the property.
FOLIO NO: 26086360007
PROPERTY ADDRESS: 1301 Chokoloskee Dr, Chokoloskee, FL 34138
Supervisor Mucha represented the County.
The Stipulation was entered into by Mark Higgins on October 30, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of the case by
December 1, 2019.
2. Abate all violations by obtaining or affixing a current valid license plate to each vehicle not
stored within a completely enclosed structure or store said vehicles within a completely
enclosed structure, and/or repair defects so vehicle is immediately operable or remove
offending vehicles from residentially zoned area by February 1, 2020 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: $111.70
17. CASE NO: CEPM20190006863
OWNER: ULLAHS PROPERTIES, LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Building and Building
Regulations, Article VI, Property Maintenance Code, Section 22-231(12)(b), 22-
231(12)(i) and 22-231(12)(c). Roof, windows and exterior siding in disrepair.
FOLIO NO: 77411120007
PROPERTY ADDRESS: 1134/1136 Trail Terrace Dr, Naples, FL 34103
Officer Athey requested the hearing.
The Stipulation was entered into by the Respondent’s representative Carlos Morales, Jr. on
November 1, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019.
2. Obtain all required Collier County Building Permit(s), Demolition Permit, Inspections, and/or
Certificate of Completion for repairs or demolition of the structures as outlined in the Notice
of Violation by February 1, 2020 or a fine of $100.00 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
November 1, 2019
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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
21. CASE NO: CENA20190011148
OWNER: VERONAWALK HOMEOWNERS ASSOC, INC.
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Recurring violation of weeds and grass over eighteen inches in height.
FOLIO NO: 79904700084, 79904705089, 79904115585, and 79904122581
PROPERTY ADDRESS: 7245 Veronawalk Circle, Naples, FL 34114
Officer Cathey requested the hearing.
The Stipulation was entered into by the Respondent’s representative Jeff Wilson on November 1,
2019.
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
December 1, 2019 and found the respondent was in violation of the referenced ordinance at
the time a Notice of Violation was issued for the recurring violation of weeds/grass over 18
inches.
Said Stipulation is subject to Mr. Wilson submitting a letter by November 8, 2019 to the Code
Enforcement Division Office from the Homeowner’s Association authorizing him to enter into the
Stipulation.
Total Amount Due: $111.65
20. CASE NO: CEV20190004662
OWNER: Paul L. Riddleberger, Jr
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
96(a). Witnessed a van that appears to be inoperable without a current license tag
parked in the front of the house. Also witnessed two boats on trailers parked in the
front of the house.
FOLIO NO: 71800000200
PROPERTY ADDRESS: 3224 Areca Ave, Naples, FL 34112
Officer Johnson represented the County.
The Stipulation was entered into by Paul Riddleberger on October 31, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of the case by
December 1, 2019.
2. Abate all violations by relocating recreational vehicle to an enclosed structure or rear yard or
underneath a carport or adjacent to a waterway or removing said recreational vehicle from a
November 1, 2019
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residentially zoned area by December 1, 2019 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: $111.70
23. CASE NO: CELU20190002591
OWNER: NAPLES ALF, INC.
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A),
2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-179. Illegal outside storage/litter consisting of, but not limited to,
mattresses, chairs, buckets, plastics, cans, bottles, containers, numerous tents,
blankets, trash poles and people residing on this unimproved lot.
FOLIO NO: 00394000004
PROPERTY ADDRESS: 4599 Tamiami Trail E, Naples, FL 34112
Officer Musse requested the hearing.
The Stipulation was entered into by the Respondent’s representative Deyacco Kameli on November 1,
2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
December 1, 2019.
2. Abate the violation by removing all unauthorized accumulation of litter/outside storage from
the property to a site intended for final disposal and removing any individuals residing on the
unimproved property by February 1, 2020 or a fine of $100.00 per day will be imposed until
the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the 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
VI. PUBLIC HEARINGS
A. HEARINGS
5. CASE NO: CELU20190010226-CO 02502
OWNER: Rayad Hatem
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 26, Article I, Section 26-
1(b)(3). Roadside sales, sale of goods upon right-of-way.
FOLIO NO:
November 1, 2019
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PROPERTY ADDRESS: Intersection of SR29 and SR82
Officer Lopez-Silvero represented the County.
Evidence Entered: Composite Exhibit A: 3 photos dated 7/13/19
Exhibit B: 1 photo dated 8/21/19
Officer Silvero-Lopez testified that he observed the activity 2 times and notified Mr. Hatem via a
verbal warning on the prohibition of the business on July 13th. After he observed the activity a
second time, he issued the Citation. Upon investigation he determined the Collier County Sheriff’s
Office had also issued Mr. Hatem a warning on June 11, 2019.
Mr. Hatem was present and testified that he lost his job and needed the money. He will not return
to the site and the day in question he just stopped by to see some people he knew who were selling
items on site.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD
issuance of the Citation and ordered Mr. Hatem to pay a $100.00 fine, $50.00 in Operational
Costs and a $5.00 Administrative Fee for a total due of $155.00 to be paid by May 1, 2020.
11. CASE NO: CEV20190009537
OWNER: Frank Stute and Debbie D. Stute
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-96(a). Boat parked in front yard.
FOLIO NO: 00740440001
PROPERTY ADDRESS: 123 Islamorada LN, Naples, FL 34114
Officer Cathey represented the County.
Evidence Entered: Composite Exhibit A: 3 photos dated 8/6/19
Exhibit B: 1 photo dated 11/1/19
Exhibit C: 1 aerial photo of the property
Roxana Padron was present and noted that she is a tenant on the property and the owner of the
boat in question and requested 14 days to abate the violation.
Mr. Cathey did not object to the request.
Special Magistrate Garretson 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 the case by
December 1, 2019.
2. Relocate the boat to an enclosed structure, rear yard, adjacent to waterway (as permitted),
or remove the boat from a residentially zoned area by November 15, 2019 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: $111.65
November 1, 2019
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Recessed: 11:25 a.m.
Reconvened: 11:41 a.m.
12. CASE NO: CEA20190009795
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 five (5) for
the particular acreage (2.58). Repeat violation.
FOLIO NO: 36765241000
PROPERTY ADDRESS: 3440 7th Ave SW, Naples, FL 34117
Officer Holmes represented the County.
Evidence Entered: Composite Exhibit A: 3 photos dated 8/26/19
Composite Exhibit B: 4 photos dated 10/31/19
Officer Holmes testified that the case is a repeat violation and on the dates in question he observed
6 animals on site, 3 horses, 1 miniature horse, 1 donkey and 1 cow. As of 10/31/19, the
Respondent’s are in compliance with the Ordinance in question.
Shari Aiello and Thomas Aiello were present and Ms. Aiello testified that she harbors horses off
site and shifts them on and off the residential property on a routine basis. The day(s) in question
she was moving one horse of site when the violation occurred. The 6th animal was only on site for
a few hours.
Officer Cathey recommended Operational Costs of $111.75 be charged and a $1,000.00 fine be
imposed for a repeat violation.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found the
Respondent’s in violation of the Ordinance and ordered them to pay a Civil Penalty of $500.00
and Operational Costs in the amount of $111.75 to be paid by May 1, 2020.
Total Amount Due: $111.75
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20180015446
OWNER: Iris Labrie
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c), 22-228(1) and 22-242. Unsecured vacant dwelling with open
windows, roof damage and the property is not being properly maintained.
FOLIO NO: 55901120005
PROPERTY ADDRESS: 266 6th St W, Bonita Springs, FL 34134
Officer Connetta represented the County.
Special Magistrate Order: No. 5621 Page: 1687
Fine Amount: $250.00/day
Duration: 27 days
Total Fine Amount: $6,750.00
Boarding Costs incured by County: $4,450.00
November 1, 2019
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Unpaid Operational Costs: $224.00
Total to Date: $11,424.00
Ms. Labrie noted she lives with friends and is not able to maintain the property.
Special Magistrate Garretson CONTINUED the case to the next hearing date in order for Ms.
Labrie discussing her situation with friends or other parties for the purposes of a developing a
plan to address the violations.
2. 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 residentially
zoned property.
FOLIO NO: 55901120005
PROPERTY ADDRESS: 266 6th St W, Bonita Springs, FL 34134
Officer Connetta represented the County.
Special Magistrate Order: No. 5677 Page: 2169
Fine Amount: $50.00/day
Duration: 19 days
Total Fine Amount: $950.00
Mowing Costs incurred by County: $250.00
Unpaid Operational Costs: $223.50
Total to Date: $1,423.50
Iris Labrie was present and reported that she is not able to maintain the property.
Manager Letourneau withdrew the case subject to Ms. Labrie paying the past Operational
Costs in the amount of $111.70 and the mowing costs of $250.00 for a total amount of $361.70
by December 1, 2019.
4. CASE NO: CELU20190002950
OWNER: Padraic Maguire
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Illegal outside storage of materials not intended for outdoor use or storage
consisting of, but not limited to, glass panels, shelving, aquariums, tables, wood,
metal and plastic stored in the front and west of the property.
FOLIO NO: 62710800004
PROPERTY ADDRESS: 740 92nd Ave N, Naples, FL 34108
Supervisor Short represented the County and testified that the violation has been abated, but not
in the prescribed time frame with fines and costs amounting to $8,223.70.
Padraic Maguire was present and reported that he abated the violation.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens
subject to Mr. Maguire paying Operational Costs due of $111.95 by November 1, 2019.
November 1, 2019
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6. CASE NO: CESD20170012267
OWNER: Jacinto Luna
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). New addition added to the rear of the
main structure without first obtaining the proper Collier County building permits
and inspections.
FOLIO NO: 00090840005
PROPERTY ADDESS: 1411 Garthie Rd, Immokalee, FL 34142
Officer Connetta represented the County and testified that the violation has been abated, but not in
the prescribed time frame with fines and costs amounting to $81,711.95.
Jacinto Luna was present and reported that he abated the violation.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
6. CASE NO: CEEX20190012445-DAS
OWNER: Elder Rodriguez and Sonia Cabrera
OFFICER: David Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
38. Collier County Domestic Animal Services (CCDAS) has determined that there
exists sufficient cause to make the initial determination that the dog(s) is a
“Dangerous Dog”.
FOLIO NO: 00309040004
PROPERTY ADDRESS: 1526 Sugarberry St, Naples, FL 34117
Officer Marcy Perry Domestic Animal Services represented the County noting the case
involves 2 dogs named Cali and Achilles.
Elder Rodriguez and Sonia Cabrera were present.
Melanie Penner, victim of dog attack was present.
Evidence Entered: Exhibit A: 10 photos depicting Ms. Penner’s and her dog’s injuries.
Ms. Penner testified:
That on the day of the incident, she was working in her barn with her dog present.
Her dog became aware of other dogs on the property and left the barn to investigate.
She followed and observed 3 dogs on her property and got on her Gator ATV and
followed her dog.
When they arrived at the location of the other 3 dogs, one dog “Zeus” attacked her dog as
he tried to get into the ATV.
Zeus pulled her dog down and began to attack and she intervened when the 2 other dogs
attacked her.
She managed to get her dog into the vehicle and drive to her house as the 3 dogs pursued
her to the location.
Eventually the dogs were scared off after another person struck the dogs with a watering
can.
November 1, 2019
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She suffered serious injuries to her thigh and arm while the dog suffered injuries to his
tail and front bicep.
Ms. Perry testified that based on a review of the incident, the Supervisor found sufficient cause
to deem the dogs “Dangerous Dogs” per Collier County Animal Control Ordinance Chapter 14,
Article II, Section 14-36 which states:
Dangerous Dog means any dog that according to the records of the appropriate authority:
1. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human
being on public or private property;
2. Has more than once severely injured or killed a domestic animal while off the owner's
property;
Ms. Cabrera testified:
That she was not present for the attack and the dogs escaped the fenced area in their yard.
Zeus was adopted from Domestic Animal Services approximately one year ago and they
were not aware of any previous history of the dogs handling or its potential
aggressiveness.
Zeus was ultimately euthanized and she retained the other two dogs who are the ones in
question for today’s proceeding.
She never had any issues with the other two dogs (Cali and Achilles) and believes they
were following Zeus from the yard and became “hyped up” during the attack and
followed the lead of Zeus.
She is willing to have temperament testing and training for Cali and Achilles and has
constructed a stronger fence to harbor the two dogs who have not escaped her property
since the incident.
Ms. Penner testified that she has not seen the dogs on her property since the incident and did not
want to see the dogs euthanized.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD
the decision by Domestic Animal Services deeming Cali and Achilles “Dangerous Dogs.” The
Respondent’s have 30 days to comply with the County’s requirements for “Dangerous Dogs.”
2. CASE NO: CEEX20190011448-PU5613
OWNER: Arthur W Morehead
OFFICER: John Nicholas
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article IV, Section
118-104 (C)(12). Loose pile of unprepared yard waste curbside.
FOLIO NO: 48784120006
PROPERTY ADDRESS: 2965 Woodside Ave, Naples, FL 34112
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 10/17/19
Officer Nichols presented the case.
Evidence entered: Exhibit A: 1 photo dated 8/20/19
Exhibit B: 1 photo dated 9/3/19
Exhibit C: 1 photo dated 8/12/19
Exhibit D: 1 photo dated 10/31/19
The violation remains as of 11/1/19.
November 1, 2019
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Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $50.00 and a $5.00 Adminsitrative Fee for a total
amount due of $55.00 by December 1, 2019.
2. Abate the violation by November 8, 2019 or a fine of $100.00 per day will be imposed until
the violation is abated.
Total Amount Due: $55.00
3. CASE NO: CEEX20190011091-PU5591
OWNER: CARLISLE WILSON PLAZA
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, cardboard, wood, plastic, paper, aluminum, bulk items (head board,
water softener) in and around the dumpster enclosure. Repeat violation.
FOLIO NO: 37221120305
PROPERTY ADDRESS: 50 Wilson Blvd S, Naples, FL 34117
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 10/17/19
Officer Pochmara presented the case.
Evidence entered: Composite Exhibit A: 2 photos dated 9/2/19
Composite Exhibit B: 7 photos dated 9/31/19
Composite Exhibit C: 7 photos dated 9/15/19
Composite Exhibit D: 7 photos dated 10/6/19
Composite Exhibit E: 7 photos dated 9/10/19
Composite Exhibit F: 6 photos dated 9/13/19
Composite Exhibit G: 4 photos dated 9/19/19
Exhibit H: 1 photo dated 10/3/19
Composite Exhibit I: 4 photos dated 10/9/19
Composite Exhibit J: 4 photos dated 10/22/19
Composite Exhibit K: 4 photos dated 10/30/19
Composite Exhibit L: 5 photos dated 10/31/19
The violation remains as of 11/1/19.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay a Fine of $1,000.00, Operational Costs in the amount of $50.00 and a $5.00
Adminsitrative Fee for a total amount due of $1,055.00 by December 1, 2019.
2. Abate the violation by November 8, 2019 or a fine of $100.00 per day will be imposed until
the violation is abated.
Total Amount Due: $1,055.00
26. CASE NO: CELU20190009767
OWNER: CHERYL A FLOOD REV TRUST AND THOMAS J FLOOD REV TRUST
OFFICER: John Johnson
November 1, 2019
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
There are two boats being parked/stored on this unimproved lot.
FOLIO NO: 75761640006
PROPERTY ADDRESS: 2448 Sunset Ave, Naples, FL 34112
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 10/16/19
Date of Hearing Notice Property/Courthouse Posting: 10/11/19
Officer Johnson presented the case.
Evidence entered: Exhibit A: 1 photo
Exhibit B: 1 photo
Exhibit C: 1 photo
Exhibit D: 1 photo
Exhibit E: 1 aerial photo of the property
The violation remains as of 11/1/19.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTYof the alleged violation and ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecustion of the case
by December 1, 2019.
2. Abate the violation by ceasing prohibited storage of recreational vehicles on the unimproved
property by November 8, 2019 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: $111.65
IX. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. 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 that constitute litter are on the front lawn.
FOLIO NO: 68343440000
PROPERTY ADDRESS: 89 Isle of Saint Thomas, Naples, FL 34114
The Respondent was not present.
Supervisor Mucha presented the case.
Date of Hearing Notice by Certified Mail: 10/16/19
Date of Hearing Notice Property/Courthouse Posting: 10/14/19
November 1, 2019
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Special Magistrate Order: No. 5677 Page: 2183
Fine Amount: $100.00/day
Duration: 49 days
Total Fine Amount: $4,900.00
Unpaid Operational Costs: $223.35
Total to Date: $5,123.35
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 $5,123.35. Said amount to
become a lien on the property with fines continuing to accrue.
5. 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 in excess of eighteen inches in height within thirty feet of the
main structure on the property.
FOLIO NO: 41286160008
PROPERTY ADDRESS: 1975 Everglades Blvd S, Naples, FL 34117
The Respondent were not present.
Supervisor Perez presented the case.
Date of Hearing Notice by Certified Mail: 10/16/19
Date of Hearing Notice Property/Courthouse Posting: 10/14/19
Special Magistrate Order: No. 5677 Page: 2176
Fine Amount: $100.00/day
Duration: 26 days
Total Fine Amount: $2,600.00
Unpaid Operational Costs: $223.40
Total to Date: $2,823.40
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 $2,823.40. Said amount to
become a lien on the property with fines continuing to accrue.
7. CASE NO: CENA20180016089
OWNER: Patricia A Hutchinson
OFFICER: Thomas Pitura
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). 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
The Respondent was not present.
Supervisor Mucha presented the case.
Date of Hearing Notice by Certified Mail: 10/16/19
Date of Hearing Notice Property/Courthouse Posting: 10/15/19
November 1, 2019
Special Magistrate Order: No. 5644 Page: 3655
Fine Amount: $100.00/day
Duration: 140 days
Total Fine Amount: $14,000.00
Unpaid Operational Costs: $111.75
Total to Date: $14,111.75
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$14,111.75. Said amount
to become a lien on the property with fines continuing to accrue.
X. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
XI. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
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.
XII. REPORTS
1. Special Magistrate Rules and Regulations Workshop
Continued
XIII. NEXT MEETING DATE—December 6,2019 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 2:00 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
B • da C. Garre on, • • i Magistrate
The inutes were approved by the Special Magistrate on G. `1? I ' ' { , as presented
, or as amended .
17