CESM Minutes 12/06/2019 December 6, 2019
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 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
Helen Buchillon, Administrative Secretary
Jeff Letourneau, Manager of Inspectors
Sayls Coutin, Code Enforcement Specialist
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
December 06, 2019
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIA L 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 COLLIE R
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
V. MOTIONS
A. MOTION FOR CONTINUANCE
1. CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(e)(i). Shed built without a building
permit.
FOLIO NO: 36665760005
PROPERTY 4190 3rd Ave NW, Naples, FL 34119
ADDRESS:
B. MOTION FOR EXTENSION OF TIME
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20190012271-SO187959
OWNER: IMPERIAL FLOORING INC
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66(1)(h). Prohibited/Restrictive
Parking – Fire Lane.
FOLIO NO:
PROPERTY 1651 Airport Pulling Rd S, Naples, FL 34112
ADDRESS:
2. CASE NO: CEEX20190013875-DAS
OWNER: Cassidy Armstrong
OFFICER: Officer Connie Waldo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-38 (2)(A). Registration of dangerous dog.
FOLIO NO:
PROPERTY 2082 44th Terr SW, Naples, FL 34116
ADDRESS:
3. CASE NO: CEPM20190008606
OWNER: Arthur S Nichols and Stella M Nichols
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Unmaintained pool.
FOLIO NO: 26830520006
PROPERTY 3112 Gordon St, Naples, FL 34112
ADDRESS:
4. CASE NO: CENA20190012080
OWNER: Frank Ortiz and Maryellen Ortiz
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a) and 54-181. Collier County Land
Development Code 04-41, as amended, Section 2.02.03. High
grass in excess of 18 inches. Litter and outside storage
including, but not limited to, household, auto and construction
materials.
FOLIO NO: 68340680009
PROPERTY 17 Salinas Dr, Naples, FL 34114
ADDRESS:
5. CASE NO: CESD20190001079
OWNER: Patricia Schultz Trust and James Schultz Trust
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Boat lift in
rear yard erected without a permit.
FOLIO NO: 52396480007
PROPERTY 111 Capri Blvd, Naples, FL 34113
ADDRESS:
6. CASE NO: CEPM20190011460
OWNER: Iris Labrie
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Koi Pond is green in color and
not being maintained.
FOLIO NO: 55901120005
PROPERTY 266 6th St West, Bonita Springs, FL 34134
ADDRESS:
7. CASE NO: CEV20190008529
OWNER: Maricela Rodriguez and Perfecto Menera Jr
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Observed several
unlicensed/inoperable vehicles parked/stored on improved
occupied residential property.
FOLIO NO: 70240007
PROPERTY 3434 Westclox St, Immokalee, FL 34142
ADDRESS:
8. CASE NO: CEV20190010693
OWNER: Dieuseul Vilsaint and Lucienne Vilsaint
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-97(4) and 130-95. Commercial box
truck parked on residentially zoned property and an unlicensed
vehicle.
FOLIO NO: 62100520004
PROPERTY 5450 Carlton St, Naples, FL 34113
ADDRESS:
9. CASE NO: CENA20190012590
OWNER: Kima Watt
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds and grass overgrown in
excess of 18 inches at a vacant home.
FOLIO NO: 62411800002
PROPERTY 854 109th Ave N, Naples, FL 34108
ADDRESS:
10. CASE NO: CENA20190009898
OWNER: Reynolds Cavins and Edie Hunter-Cavins
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179. Burned down travel trailer.
FOLIO NO: 1208240001
PROPERTY 108 Cardinal Ct, Everglades City, FL 34139
ADDRESS:
11. CASE NO: CENA20190009533
OWNER: Rose Gentry
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a) and 54-181. Collier County Land
Development Code 04-41, as amended, Section 2.02.03. High
grass and vegetation in excess of 18 inches. Accumulation of
litter and outside storage on the property including, but not
limited to, trash, buckets and household items.
FOLIO NO: 68343000000
PROPERTY 79 Isle of Saint Thomas, Unit A, Naples, FL 34114
ADDRESS:
12. CASE NO: CESD20190007816
OWNER: Rochnel Estil and Aniece Thermidor
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). Wooden shed
built on the property without first obtaining a Collier County
building permit.
FOLIO NO: 00119640005
PROPERTY 602 E Delaware Ave, Immokalee, FL 34142
ADDRESS:
13. CASE NO: CENA20190011830
OWNER: Shelly F Pike
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Collier County Code of Laws and Ordinances,
Chapter 54, Article VI, Section 54-181 and 54-179.
Litter/outside storage consisting of, but not limited to, garbage
bags, plastic, bins and cardboard.
FOLIO NO: 67492480006
PROPERTY 4110 Mindi Ave, Naples, FL 34112
ADDRESS:
14. CASE NO: CENA20190009179
OWNER: Cleyo R Waggoner
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181, 54-179 and 54-185(a). Man made
piles of vegetative debris considered to be litter and weeds in
the rear yard over 18 inches tall.
FOLIO NO: 60785920005
PROPERTY 5259 Raintree LN, Naples, FL 34113
ADDRESS:
15. CASE NO: CESD20190004048
OWNER: Edwin Santaella and Rafaela Delgado
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and Florida Building Code 6th Edition
(2017) Building, Section 105 Permits, 105.1 Required. Shed in
rear yard and 6-foot vinyl fence erected without a permit.
FOLIO NO: 77390000662
PROPERTY 13316 Covenant Road, Naples, FL 34114
ADDRESS:
16. CASE NO: CENA20190011239
OWNER: Frank Ortiz and Maryellen Ortiz
OFFICER: Thomas Pitura
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. Trash and debris on
the property, including but not limited to, household, auto and
construction materials.
FOLIO NO: 68340600005
PROPERTY 15 Salinas DR, Naples, FL 34114
ADDRESS:
17. CASE NO: CELU20190010579
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara
Rodriguez and Sergio Canu Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and 2.02.03. Mobile home unloaded onto
residential property.
FOLIO NO: 60782760006
PROPERTY 5308 Cypress Lane, Naples, FL 34113
ADDRESS:
18. CASE NO: CESD20190008067
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara
Rodriguez and Sergio Canu Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Accessory
type structure erected on property prior to obtaining Collier
County building permits.
FOLIO NO: 60782760006
PROPERTY 5308 Cypress Lane, Naples, FL 34113
ADDRESS:
19. CASE NO: CEEX20190012476-DAS
OWNER: John Brown and Mary Brown
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:
PROPERTY 479 Corbel Drive, Naples, FL 34110
ADDRESS:
20. CASE NO: CEEX20190012888-DAS
OWNER: Wayne Mansueto
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:
PROPERTY 217 Swain St, Copeland, FL 34137
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. 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 trailer and other
vehicle(s) stored on front yard and/or driveway.
FOLIO NO: 22624560001
PROPERTY 4607 Dominion DR, Naples, FL 34112
ADDRESS:
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 266 6th St West, Bonita Springs, FL 34134
ADDRESS:
3. 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 266 6th St West, Bonita Springs, FL 34134
ADDRESS:
4. CASE NO: CEPM20180004277
OWNER: JASON E STEPHENS TRUST
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c), 22-231(12)(n) and 22-228(1).
Damaged roof and screened lanai in rear of the house.
FOLIO NO: 52853080005
PROPERTY 2172 Kings Lake Blvd, Naples, FL 34112
ADDRESS:
5. CASE NO: CENA20190005653
OWNER: Valerie Alexis
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03 and Collier County Code of Laws and
Ordinances, Chapter 54, Article VI, Section 54-181. Litter and
illegal outside storage of items including, but not limited to,
wood panels and posts on unimproved property.
FOLIO NO: 25967802863
PROPERTY 14729 Apalachee St, Naples, FL 34114
ADDRESS:
6. CASE NO: CESD20170015145
OWNER: MCD CAPITAL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged
pool enclosure on the property without a valid Collier County
permit that is required for the repairs or replacement.
FOLIO NO: 55100800003
PROPERTY 255 Pine Valley Circle, Naples, FL 34113
ADDRESS:
7. CASE NO: CEPM20180009429
OWNER: LAKEVIEW LOAN SERVICING
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(i), 22-231(9), 22-231(11), 22-
231(2), 22-236 and 22-231(19). Dangerous/hazardous structure
with multiple property maintenance violations.
FOLIO NO: 67492880004
PROPERTY 4411 Rose Ave, Naples, FL 34112
ADDRESS:
8. CASE NO: CENA20190008654
OWNER: Eleazar Duarte Zaragoza
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 2.02.03.
Accumulation of litter, trash and outside storage of household
and construction materials.
FOLIO NO: 50890722001
PROPERTY 2569 Holly Ave, Naples, FL 34112
ADDRESS:
9. CASE NO: CEPM20190002467
OWNER: Javier and Laura Hernandez and Ruben and Paula
Gonzalez
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b) and 22-242. Unsecured and
vacant mobile home with extensive exterior wall damage and
open windows where unauthorized access can be gained.
FOLIO NO: 127562104
PROPERTY 308 S 4th St, Immokalee, FL 34142
ADDRESS:
10. CASE NO: CEAU20190004250
OWNER: Begerl Chery and Mirna Chery
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and Florida Building Code 6th Edition
(2017) Building, Chapter 1 Scope and Administration, Part 2
Administration and Enforcement, Section 105 Permits, 105.1.
Vinyl fence erected with expired permit.
FOLIO NO: 77390001043
PROPERTY 13392 Covenant Road, Naples, FL 34114
ADDRESS:
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
XI. REPORTS
11.1. CEAU20190004250 Chery
11.2. Special Magistrate Rules and Regulations Workshop
XII. NEXT MEETING DATE- FRIDAY, JANUARY 3, 2020 AT 9:00 A.M.
XIII. ADJOURN
December 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 9:06
A.M. All those testifying at the proceeding did so under oath.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance
without being punitive.
Break: 9:15 a.m.
Reconvened: 9:35 a.m.
II. APPROVAL OF AGENDA
Ms. Buchillon, Administrative Secretary noted the following changes (listed below as Agenda
item numbers):
Under Item V.B – Hearings, the following cases were moved to Item V.A – Stipulations:
10. CASE NO: CENA20190009898 OWNER: Reynolds Cavins and Edie Hunter-Cavins
11. CASE NO: CENA20190009533 OWNER: Rose Gentry
18. CASE NO: CESD20190008067 OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria
Melara Rodriguez and Sergio Canu Duenas
Under Item V.B – Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20190012271-SO187959 OWNER: IMPERIAL FLOORING INC
2. CASE NO: CEEX20190013875-DAS OWNER: Cassidy Armstrong
3. CASE NO: CEPM20190008606 OWNER: Arthur S Nichols and Stella M Nichols
7. CASE NO: CEV20190008529 OWNER: Maricela Rodriguez and Perfecto Menera Jr
8. CASE NO: CEV20190010693 OWNER: Dieuseul Vilsaint and Lucienne Vilsaint
9. CASE NO: CENA20190012590 OWNER: Kima Watt
12. CASE NO: CESD20190007816 OWNER: Rochnel Estil and Aniece Thermidor
15. CASE NO: CESD20190004048 OWNER: Edwin Santaella and Rafaela Delgado
16. CASE NO: CENA20190011239 OWNER: Frank Ortiz and Maryellen Ortiz
17. CASE NO: CELU20190010579 OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria
Melara Rodriguez and Sergio Canu Duenas
Under Item VI.A – Motion for Imposition of Fines, the following case was withdrawn:
1. CASE NO: CEV20190001379 OWNER: Ricardo Guajardo and Holli Strickhorn
2. CASE NO: CEPM20180009429 OWNER: LAKEVIEW LOAN SERVICING
3. CASE NO: CENA20190008654 OWNER: Eleazar Duarte Zaragoza
4. CASE NO: CEPM20190002467 OWNER: Javier and Laura Hernandez and Ruben and Paula
Gonzalez
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
December 6, 2019
3
The minutes of the November 1, 2019 hearing were reviewed by Special Magistrate Garretson
and approved as submitted.
VII. PUBLIC HEARINGS
A. HEARINGS
4. CASE NO: CENA20190012080 OWNER: Frank Ortiz and Maryellen Ortiz
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-185(a) and 54-181. Collier County Land Development Code
04-41, as amended, Section 2.02.03. High grass in excess of 18 inches.
Litter and outside storage including, but not limited to, household, auto
and construction materials.
FOLIO NO: 68340680009
PROPERTY ADDRESS: 17 Salinas Dr, Naples, FL 34114
Officer Pitura represented the County. He noted the violation is abated but requested a
finding that it existed at the time the notice was issued.
Evidence entered: Composite Exhibit A: 3 photos dated 10/4/19
Composite Exhibit B: 2 photos dated 12/5/19
Mr. Ortiz was present, His son and grandson were responsible for maintaining the property
and he was not aware of the situation. The violation has been abated and he will ensure the
violation does not reoccur.
Special Magistrate Garretson found a violation existed on the property but has been
abated and ordered them to pay Operational Costs in the amount of $111.70 by
January 6, 2020.
V. MOTIONS
A. MOTION FOR CONTINUANCE
1. CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(e)(i). Shed built without a building permit.
FOLIO NO: 36665760005
PROPERTY ADDRESS: 4190 3rd Ave NW, Naples, FL 34119
Ms. Leiti was present and submitted the request for a Continuance in writing. She is
working on abating the violation and is in the permitting stage.
Supervisor Perez had no objection to the request.
Special Magistrate Garretson GRANTED a Continuance in the case until April 6, 2020.
B. MOTION FOR EXTENSION OF TIME
None
VI. STIPULATIONS
10. CASE NO: CENA20190009898
December 6, 2019
4
OWNER: Reynolds Cavins and Edie Hunter-Cavins
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-179. Burned down travel trailer.
FOLIO NO: 01208240001
PROPERTY ADDRESS: 108 Cardinal Ct, Everglades City, FL 34139
Investigator Hamilton requested the hearing.
The Stipulation was entered into by Edie Hunter-Cavins on December 5, 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 this
case by January 6, 2020.
2. Abate the violation by removing all unauthorized accumulation of litter from burned
down travel trailer to a site intended for final disposal by January 6, 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: $111.65
18. CASE NO: CESD20190008067
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu
Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Accessory type structure erected
on property prior to obtaining Collier County building permits.
FOLIO NO: 60782760006
PROPERTY ADDRESS: 5308 Cypress Lane, Naples, FL 34113
Supervisor Perez requested the hearing.
The Stipulation was entered into by Karla Maria Melara Rodriguez on December 6, 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 May 6, 2020.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Collier County Demolition Permit(s) for the unpermitted accessory structure, request all
related inspections and obtain a Certificate of Occupancy/Completion by May 6, 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.
December 6, 2019
5
Total Amount Due: $111.70
11. CASE NO: CENA20190009533
OWNER: Rose Gentry
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a) and 54-181. Collier County Land Development Code 04-41, as
amended, Section 2.02.03. High grass and vegetation in excess of 18 inches.
Accumulation of litter and outside storage on the property including, but not
limited to, trash, buckets and household items.
FOLIO NO: 68343000000
PROPERTY ADDRESS: 79 Isle of Saint Thomas, Unit A, Naples, FL 34114
Investigator Pitura requested the hearing.
The Stipulation was entered into by Rose Gentry on December 6, 2019.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered her to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this
case by January 6, 2020.
2. Abate the violation by removing all unauthorized accumulation of litter from the
property to a site intended for final disposal or store items in a completely enclosed
structure, must mow or cause to mow all weeds, grass or other similar non-protected
overgrowth in excess of eighteen inches in height to a height of less than six inches
and cease all outside storing of but not limited to construction materials, tires, tools,
plastic containers, metals and all items not specifically used for residential use by
January 6, 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
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
13. CASE NO: CENA20190011830
OWNER: Shelly F Pike
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
2.02.03. Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and 54-179. Litter/outside storage consisting
of, but not limited to, garbage bags, plastic, bins and cardboard.
FOLIO NO: 67492480006
PROPERTY ADDRESS: 4110 Mindi Ave, Naples, FL 34112
Supervisor Perez, Supervisor Mucha and Officer Musse presented the case.
Evidence entered: Exhibit A: 1 photo dated 9/26/19
December 6, 2019
6
Composite Exhibit B: 2 photos dated 10/11/19
Composite Exhibit C: 3 photos dated 12/5/19
Supervisor Mucha reported:
The violations on the property have been ongoing over the years with cases
brought forth in 2018 and the spring of 2019.
The site is used for drop off of items from outside parties and sold on site which
has been going on for approximately 30 years.
Although he has been told the work is for donation to organizations, there are no
exemptions in the Ordinance for charity work.
Ms. Shirley Dunn (Pike) and her daugther Terese were present.
Evidence Entered: Composite Exhibit A: 3 photos dated 12/5/19
Ms. Dunn testified:
Her home was damaged by Hurricane Irma and including the roof which leaks
and has not been repaired.
She relocated some items to storage so they would not be subject to further
damage.
She also works on donations for children at Christmas time and at times arranges
things for a tag sale.
The day of the incident she was sorting personal property by the UHaul truck in
her driveway to determine if they should be stored on site or diposed of off site.
Special Magistrate found the Respondent GUILTY of the alleged violation and
ordered her to:
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this
case by January 6, 2020.
2. Abate the violation by removing all unauthorized accumulation of litter from the
property to a site intended for final disposal, or store items within a completely
enclosed structure by December 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: $111.75
5. CASE NO: CESD20190001079
OWNER: Patricia Schultz Trust and James Schultz Trust
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Boat lift in rear yard erected
without a permit.
FOLIO NO: 52396480007
PROPERTY ADDRESS: 111 Capri Blvd, Naples, FL 34113
December 6, 2019
7
Investigator Pitura presented the case.
Evidence entered: Exhibit A: 1 photo dated 1/28/19
Composite Exhibit B: 2 computer screen shots of permit
information
He testified a permit was required for the installation of the boat lift and the application is
currently in rejected status.
James and Patricia Schultz were present and testified:
He hired a consultant to obtain the permit who informed him everything was
preceding and the permit should be issued shortly, etc.
Realizing there were lacks in communication between the consultant and the
County, he terminated working with her and has engaged another professional
He has been notified the processing of the permit is ongoing and a survey and
electrical information is required before the permit may be issued.
He will abate the violation and requested additional time to complete the permit
process.
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 January 6, 2020.
2. Abate all violations by obtaining all required Collier County Building Permit(s), or
Collier County Demolition Permit(s) for the boat lift, inspections and Certificate of
Occupancy/Completion by February 6, 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
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEPM20180004277
OWNER: JASON E. STEPHENS TRUST
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(12)(c), 22-231(12)(n) and 22-228(1). Damaged roof and
screened lanai in rear of the house.
FOLIO NO: 52853080005
PROPERTY ADDRESS: 2172 Kings Lake Blvd, Naples, FL 34112
Supervisor Mucha represented the County reporting the violation has been abated but not
in the prescribed timeframe incurring fines and costs in the amount of $49,111.75.
Tim Stephens, Jason Stephens’ son was present.
December 6, 2019
8
Special Magistrate Garretson, finding the violation has been abated DENIED the
County’s Motion.
5. CASE NO: CENA20190005653
OWNER: Valerie Alexis
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181. Litter and illegal outside storage of items
including, but not limited to, wood panels and posts on unimproved
property.
FOLIO NO: 25967802863
PROPERTY ADDRESS: 14729 Apalachee St, Naples, FL 34114
Supervisor Mucha represented the County reporting the violation has been abated but not
in the prescribed timeframe incurring fines and costs in the amount of $12,123.65.
Previously assessed Operational Costs included in the Motion in the amount of $111.90
have not been paid.
Valerie Alexis was present.
Special Magistrate Garretson, finding the violation has been abated took the case
UNDER ADVISEMENT and no fines will be imposed if the previously assessed
Operational Costs in the amount of $111.90 are paid by December 13, 2019.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
6. CASE NO: CEPM20190011460
OWNER: Iris Labrie
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Section 22-231(15). Koi Pond is green in color and not being
maintained.
FOLIO NO: 55901120005
PROPERTY ADDRESS: 266 6th St West, Bonita Springs, FL 34134
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 11/13/19
Date of Hearing Notice Property/Courthouse Posting: 11/8/19
Officer Connetta, Supervisor Ambach and Director Ossorio presented the case.
Evidence entered: Exhibit A: 1 photo dated 9/23/19
Exhibit B: 1 photo dated 9/26/19
Exhibit C: 1 photo dated 11/7/19
Exhibit D: 1 photo dated 12/5/19
They testified the pond is in unsanitary condition and recommended the Respondent be
ordered to do the following:
1. Pay the Operational Costs of $111.90 incurred by Code Enforcement during the
prosecution of the case on or before January 6, 2020.
December 6, 2019
9
2. Must chemically treat the pond water and kill the algae growth and maintain the
filtration system to keep the pond water clean and provide bi-weekly treatment. Or
chemically treat the pond water killing the algae growth and cover the pool in a method
which will prevent safety hazards, insect infestations, and the intrusion of rain water by
December 13, 2019.
3. Restore the Koi pond to its originally permitted condition and maintain it in a sanitary
condition.
Speaker
David Lance, adjacent neighbor noted the lot is the premier location on the street and the
neighbors have been dealing with maintenance issus for 25 years. He requested the pond be
filled in and abandoned given the condition of the property and ongoing maintenance
issues.
Director Ossorio reported the County is in favor of their recommendation.
Manager Letourneau noted, if necessary, the County does have the option to undertake
any means necessary to correct the violation which could include filling it in if is not abated
as outlined in the recommendation.
Special Magistrate Garretson took the case UNDER ADVISEMENT.
Break: 12:22 p.m.
Reconvened: 12:35 p.m.
19. CASE NO: CEEX20190012476-DAS
OWNER: John Brown and Mary Brown
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: 25205221407
PROPERTY ADDRESS: 479 Corbel Drive, Naples, FL 34110
Officer McQueen represented the County noting the case was an appeal of a Dangerous
Dog Determination made by Domestic Animal Services for the Brown’s dogs Charlie
(French Bulldog) and Jaxx (Bullmastiff).
She entered the following Exhibits were entered as identified on “Addendum A” attached
herein:
Exhibit A: Number 2.4 – 2.10; 3.1 – 3.6 - photos
Exhibit B: Number 3.7 – 3.9 – affidavit from Mr. Calcagni
Exhibit C: Number 3.10 and 4.1 – Danger Dog acknowledgements
Ms. McQueen testified:
The Collier County Sheriff’s Office received a call on 4/23/19 regarding a dog
attack where Chris Calcagni was walking his 2 dogs and pushing his son in a cart
when 2 dogs attacked his dogs.
During the attack the son’s cart was knocked over and the 2 dogs sustained injuries.
December 6, 2019
10
Mr. Calcagni testified:
On April 23, 2019 he was walking with his 2 dogs and his 18 month old son.
The two dogs, Jaxx and Charlie attacked and his son flipped over and he fell to the
ground.
He grabbed Jaxx and tried to restrain him when Mr. Brown appeared and jumped on
the dogs.
Other people intervened as well to stop the attack.
Both his dogs were severely injured and he transported them to the emergency room
for treatment.
One of the dogs (5 year old) passed away a few months later, undetermined if it was
related to the attack.
During Officer McQueen’s questioning, Mr. Calcagni reported the dogs approached in an
aggressive manner and he did nothing to provoke the attack. He was in the middle of the
street when the attack occurred at approximately 5:45 pm.
Mr. Brown testified:
He was in his yard the day of the incident and tied up his dogs and went inside the
house for a moment.
Jaxx broke his leash and, he believes approached Mr. Calcagni’s dogs to play as he
may have interpreted them as stuffed animals which he routinely plays with.
Mr. Calcagni kicked Jaxx and initiated the incident and when Charlie observed this
he chewed through his leash to assist in protecting the dog.
Charlie was not involved in the attack and Jaxx had both dogs in his mouth and
caused the injuries. He believes Charlie should not be deemed “Dangerous.”
Mr. Calcagni testified:
Both dogs were involved in the attack and caused the injuries.
His dogs did not bark at Charlie and Jaxx to initiate an attack.
He did not kick the dog, or provoke the dogs into the attack in any manner.
Mr. Brown noted his dogs have never attacked before this incident.
Officer McQueen cited Collier County Ordinance Chapter 14, Article II, Section 14-38
and/or Chapter 767,Florida Statutes which states a Dangerous Dog is one which “Has
aggressively bitten, attacked, or endangered or has inflicted severe injury on a human
being on public or private property; Has, when unprovoked, chased or approached a
person upon the streets, sidewalks, or any public grounds in a menacing fashion or
apparent attitude of attack, provided that such actions are attested to in a sworn statement
by one or more persons and dutifully investigated by the appropriate authority.”
Special Magistrate Garretson, after hearing the testimony and reviewing the Evidence,
UPHELD the Domestic Animal Services determination Charlie and Jaxx should be
declared “Dangerous Dogs.”
20. CASE NO: CEEX20190012888-DAS
OWNER: Wayne Mansueto
OFFICER: David Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II,
December 6, 2019
11
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: 01134803101
PROPERTY ADDRESS: 217 Swain St, Copeland, FL 34137
Officer Marci Perry represented the County noting the case was an appeal of a Dangerous
Dog Determination made by Domestic Animal Services. The determination occurred in
the Fall of 2019 and she requested the case not proceed as Mr. Mansueto did not meet the
required timeline for filing an appeal.
Evidence Entered: Exhibit A: Dangerous Dog Declaration dated 10/11/19
Exhibit B: Copy of email obtained was sent to the wrong email
address (david.fuertes@colliercountyfl.gov dated
10/11/19
Mr. Mansueto was present.
Evidence Entered: Exhibit A: Copy of the mailer he received which contained a hand
written email address which showed the “n” in Fuentes
looked like an “r.”
Mr. Mansueto testified he responded in the appropriate timeframe, but they used the
wrong email address mistaking the hand written spelling on the envelope.
Special Magistrate found the case could continue as the evidence shows the Mr.
Mansueto made a “good faith” effort to file the appeal.
Officer Perry presented the case.
Evidence Entered: Exhibit A: 6 photos of the injury taken by Emergency Responders
Exhibit B: Affidavit from Victim, Pearl Palfreeman
She noted the incident occurred over a year ago and Ms. Palfreeman, now deceased,
sustained injuries as the result of the dog bite after the dog (Bocephus) ran out of the cage
an attacked her as described in her affidavit. The severity of the injuries and affidavit was
used in the determination to declare Bocephus a “Dangerous Dog.”
Evidence Entered: Exhibit A: Hand written email address of Mr. Fuentes
Composite Exhibit B: 7 photos dated 1/26/19 showing signs on his
property
Exhibit C: Statement from Brenda Hamilton
He testified:
He was not home at the time of the incident when Ms. Palfreeman was in his yard.
Bocephus is either kept in the house or in a secure cage in the yard at all times and
does not get loose on his own.
He provided a statement from his neighbor, Ms. Palfreeman’s tenant who notified
him that Ms. Palfreeman told her she had reached into the cage to pet Bocephus and
he bit her.
December 6, 2019
12
He was notified by the Sheriff’s Department to return home and secure his dog in
the cage, however it is unknown if an officer witnessed the dog loose or just
responded to a report of the incident.
When he returned home the dog was in the cage and he questions if the dog was
loose, who placed him securely back in the cage?
He does post signs on his property regarding his dog and for others to beware as the
dog is used for security given the potential of thefts in the neighborhood.
Discussion ensued noting it is possible Ms. Palfreeman may have placed him back in the
cage following the incident.
Special Magistrate Garretson, after hearing the testimony and reviewing the Evidence,
UPHELD the Domestic Animal Services determination should be declared “Dangerous
Dog.”
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
6. CASE NO: CESD20170015145
OWNER: MCD CAPITAL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged pool enclosure on
the property without a valid Collier County permit that is required for the
repairs or replacement.
FOLIO NO: 55100800003
PROPERTY ADDRESS: 255 Pine Valley Circle, Naples, FL 34113
Manager Letourneau reported the County is withdrawing the case until the February
hearing.
VIII. PUBLIC HEARINGS (Continued)
A. HEARINGS
14. CASE NO: CENA20190009179
OWNER: Cleyo R Waggoner
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-181, 54-179 and 54-185(a). Man made piles of vegetative
debris considered to be litter and weeds in the rear yard over 18 inches tall.
FOLIO NO: 60785920005
PROPERTY ADDRESS: 5259 Raintree LN, Naples, FL 34113
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 11/13/19
Date of Hearing Notice Property/Courthouse Posting: 11/6/19
Supervisor Perez presented the case.
Evidence entered: Composite Exhibit A: 3 photos dated 8/8/19
Composite Exhibit B: 4 photos dated 11/7/19
Composite Exhibit C: 3 photos dated 8/8/19
December 6, 2019
13
The violation remains as of December 6, 2019.
Special Magistrate Garretson, finding the Notice of Hearing was properly served,
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 January 6, 2020.
2. Remove all unauthorized accumulation of litter from the property to a site
intended for final disposal or store items within a completely enclosed structure by
December 20, 2019 or a fine of $100.00 per day will be imposed until the violation
is abated.
3. Mow all weeds, grass, or other similar non-protected overgrowth in excess of
eighteen inches in height on this lot to a height less than six inches by December
20, 2019 or a fine of $50.00 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: $111.70
VIII. NEW BUSINESS
B. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
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. West, Bonita Springs, FL 34134
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 11/13/19
Date of Hearing Notice Property/Courthouse Posting: 11/12/19
Supervisor Perez represented the County reported the violation has been abated but not in
the prescribed timeframe, incurring fines and costs in the amount of $1,061.80.
Special Magistrate Garretson, finding the violation has been abated DENIED the
County’s Motion.
3. 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
December 6, 2019
14
dwelling with open windows, roof damage and the property is not being
properly maintained.
FOLIO NO: 55901120005
PROPERTY ADDRESS: 266 6th St. West, Bonita Springs, FL 34134
The Respondent was not present
Date of Hearing Notice by Certified Mail: 11/13/19
Date of Hearing Notice Property/Courthouse Posting: 11/6/19
Supervisor Perez presented the case.
.
Special Magistrate Order: No. 5621 Page: 1687
Fine Amount: $250.00/day
Duration: 62 days
Total Fine Amount: $15,500.00
Unpaid Boarding Costs: $4,450.00
Unpaid Operational Costs: $224.00
Total to Date: $20,174.00
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
$20,174.00. Said amount to become a lien on the property with fines continuing to
accrue.
10. CASE NO: CEAU20190004250
OWNER: Begerl Chery and Mirna Chery
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and Florida Building Code 6th Edition (2017)
Building, Chapter 1 Scope and Administration, Part 2 Administration
and Enforcement, Section 105 Permits, 105.1. Vinyl fence erected with
expired permit.
FOLIO NO: 77390001043
PROPERTY ADDRESS: 13392 Covenant Road, Naples, FL 34114
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 11/13/19
Date of Hearing Notice Property/Courthouse Posting: 11/12/19
Supervisor Perez represented the County reporting the violation has been abated but not in
the prescribed timeframe incurring fines and costs in the amount of $4,161.75.
Special Magistrate Garretson, finding the violation has been abated DENIED the
County’s Motion.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
December 6, 2019
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.
None
XI.REPORTS
11.1 CEAU20190004250 Chery
Ms. Buchillon reported the Order is being amended from citing the Collier County Land
Development Code to the Florida Building Code, 6th Edition.
11.2 Special Magistrate Rules and Regulations Workshop
Special Magistrate Garretson reported she will be meeting with Staff to review the Rules
and Regulations.
XII. NEXT MEETING DATE—January 3, 2020 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 2:50 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
614)1*AL-
04, 1
renda C. Garre son, Special Magistrate
The Minutes re approved by the Special Magistrate on Jath{ 3 t Nm') , as
presented , or as amended
15
December 6, 2019
16
ADDENDUM A
December 6, 2019
17