CESM Minutes 02/07/2020 February 7, 2020
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 7, 2020
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
Helen Buchillon, 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
February 07, 2020
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
B. MOTION FOR EXTENSION OF TIME
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
being performed on the property, including lot clearing and the
introduction of gravel fill on the property.
FOLIO NO: 81271240003
PROPERTY 2831 Becca Ave, Naples, FL 34112
ADDRESS:
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20190014988-SO188140
OWNER: Osvaldo Alvarez
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-67. Handicapped Parking. Expired
Jersey placard, 5/18.
FOLIO NO:
PROPERTY 6650 Collier Blvd, Naples, FL 34114
ADDRESS:
2. CASE NO: CEEX20190015042-PU5411
OWNER: Sheila D Gebhart
OFFICER: Robin L Goldsboro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134-62,
Section 1.9, Utilities Standard Manual. Illegal connection to
County Water System. Observed the meter lock placed on shut
off valve on Thursday, December 19, 2019. Has been pried
open and shut off valve has been turned back on; turning water
service back on. Health, safety and welfare issue.
FOLIO NO: 62264320001
PROPERTY 5329 Trammel St, Naples, FL 34113
ADDRESS:
3. CASE NO: CEOCC20190010350
OWNER: CENDEJAS INVESTMENT LLC
OFFICER: Christopher Harmon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126,
Article IV, Section 126-111(b). Grocery store and restaurant
operating without Collier County Business Tax Receipt.
FOLIO NO: 63859120000
PROPERTY 325 New Market Road W, Immokalee, FL 34142
ADDRESS:
4. CASE NO: CENA20190014088
OWNER: Iris Labrie
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and 54-181. Large pile of vegetation
debris located in front of the driveway.
FOLIO NO: 55901120005
PROPERTY 266 6th Street W, Bonita Springs, FL 34134
ADDRESS:
5. CASE NO: CESD20190008879
OWNER: Peter A Atsales TR
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and
10.02.06(B)(1)(e)(i). Replacing roof without obtaining required
Collier County permits.
FOLIO NO: 60530006048
PROPERTY 743 Provincetown DR, Naples, FL 34104
ADDRESS:
6. CASE NO: CESD20180005821
OWNER: Christopher Bryan and Julia Bryan
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction
of a pergola at the front entrance of the property without
required permits, inspections and certificate of completion.
FOLIO NO: 51494600007
PROPERTY 2257 Regal Way, Naples, FL 34110
ADDRESS:
7. CASE NO: CENA20190002236
OWNER: Timothy F Matthew and Sabine J Matthew
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. Litter
and/or illegal outdoor storage including, but not limited to, a
pile of pavers, cinder blocks, a large pile of tires, damaged
construction equipment, large pipes, scaffolding type metal
frames, buckets, plastic sheets, lumber and pieces of metal
(various types/sizes).
FOLIO NO: 37598800002
PROPERTY 2081 Wilson Blvd N, Naples, FL 34120
ADDRESS:
8. CASE NO: CEV20190003592
OWNER: Timothy F Matthew and Sabine J Matthew
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Two (2) unlicensed/inoperable
vehicles and four (4) unlicensed/inoperable trailers on the
property.
FOLIO NO: 37598800002
PROPERTY 2081 Wilson Blvd N, Naples, FL 34120
ADDRESS:
9. CASE NO: CENA20190005532
OWNER: Jimmy Nguyen and Linh Le
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. Litter
and/or outdoor storage including, but not limited to, vegetation
debris, pvc pipes and ladders.
FOLIO NO: 38056280008
PROPERTY No Site Address
ADDRESS:
10. CASE NO: CEROW20190012591
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110
Roads and Bridges, Article II Construction in Right of Way,
Division 1 Generally, Section 110-31(a).
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
11. CASE NO: CEV20190010688
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). More than forty percent (40 %) of the front
yard has been paved.
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
12. CASE NO: CEV20190014108
OWNER: Jones Napoleon
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unregistered/inoperable vehicles on
the property.
FOLIO NO: 25967800360
PROPERTY 14573 Apalachee St, Naples, FL 34114
ADDRESS:
13. CASE NO: CENA20190014109
OWNER: Jones Napoleon
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 and outside storage including, but not
limited to, household, auto and construction materials.
FOLIO NO: 25967800360
PROPERTY 14573 Apalachee St, Naples, FL 34114
ADDRESS:
14. CASE NO: CEAU20190002998
OWNER: Estella Francesse Roche
OFFICER: Ryan Cathey
VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 1,
Part 2, Section 105.1 and Collier County Land Development
Code 04-41, as amended, Section 5.03.02. Unpermitted fence
on the property.
FOLIO NO: 77390003928
PROPERTY 13443 Covenant Rd, Naples, FL 34114
ADDRESS:
15. CASE NO: CEV20190013299
OWNER: Guillermo Morales and Beatriz Morales
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a). Observed a boat parked on a
residential driveway.
FOLIO NO: 62046440002
PROPERTY 5309 McCarty St, Naples, FL 34113
ADDRESS:
16. CASE NO: CEV20190011930
OWNER: Edie Hunter
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable/unregistered vehicles
and trailers.
FOLIO NO: 1134800803
PROPERTY 244 Gladys Ct, Copeland, FL 34137
ADDRESS:
17. CASE NO: CELU20190012619
OWNER: Frederick F Harbec and Tania Iturralde
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and Collier County Land Development Code
04-41, as amended, Section 2.02.03. Storing of vehicles,
recreational vehicles, trailers and vessels on unimproved
property.
FOLIO NO: 766640005
PROPERTY No Site Address
ADDRESS:
18. CASE NO: CENA20190007553
OWNER: BRUCE G WOOD REVOCABLE TRUST
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. Litter
and/or outdoor storage including, but not limited to, assorted
metal material and ladder(s).
FOLIO NO: 00221840007
PROPERTY 1530 Rock Rd, Naples, FL 34120
ADDRESS:
19. CASE NO: CELU20190007643
OWNER: BRUCE G WOOD REVOCABLE TRUST
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Unlicensed/inoperable vehicles and trailers
stored on the property.
FOLIO NO: 00221840007
PROPERTY 1530 Rock Rd, Naples, FL 34120
ADDRESS:
20. CASE NO: CELU20190008442
OWNER: BRUCE G WOOD REVOCABLE TRUST
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. An inoperable recreational vehicle stored on
the property.
FOLIO NO: 00221480001
PROPERTY 1500 Rock Rd, Naples, FL 34120
ADDRESS:
21. CASE NO: CEPM20190012084
OWNER: Yuralys Balmaceda
OFFICER: John Fuentes
VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 4,
Section 454.2.17.1 through 454.2.17.3. No pool barrier. If
fence is being utilized as a pool barrier, it must meet code
requirements.
FOLIO NO: 35767720009
PROPERTY 4390 18th PL SW, Naples, FL 34116
ADDRESS:
22. CASE NO: CEV20190012822
OWNER: Roberto Perez
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-97(2) and Collier County Land
Development Code 04-41, as amended, Section 4.05.03(A).
Commercial trailer and vehicles parked on residential property
and lawn.
FOLIO NO: 35645200007
PROPERTY 4201 23rd Ave SW, Naples, FL 34116
ADDRESS:
23. CASE NO: CELU20190013310
OWNER: Magaly Cruz
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Outside storage including, but not limited to,
household, auto and construction materials.
FOLIO NO: 62040800004
PROPERTY 5245 Dixie DR, Naples, FL 34113
ADDRESS:
24. CASE NO: CEV20190013638
OWNER: Mark W Markinsen and Estella Markinsen
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95, 130-96(a) and 130-97(4).
Unregistered/inoperable boat, trailer and auto vehicles in front
driveway.
FOLIO NO: 52395240002
PROPERTY 116 Capri Blvd, Naples, FL 34113
ADDRESS:
25. CASE NO: CELU20190013740
OWNER: Lucy Heiston
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Litter/prohibited outside storage including, but not limited to, a
dilapidated lawn mower, dilapidated jet ski, tire and other
household items.
FOLIO NO: 62046360001
PROPERTY 5306 Confederate Dr, Naples, FL 34113
ADDRESS:
26. CASE NO: CEVR20190008282
OWNER: Gregory M Delaere
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.06.05(A)(2), 4.06.05(D)(2) and 4.06.05(D)(2)(b).
Missing one required native Florida canopy tree.
FOLIO NO: 32720002181
PROPERTY 3625 Periwinkle Way, Naples, FL 34114
ADDRESS:
27. CASE NO: CESD20190005676
OWNER: Ricot Dieujuste and Anne Dieujuste
OFFICER: Bradley Holmes
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). A property
with one (1) unpermitted animal enclosure structure.
FOLIO NO: 37015920106
PROPERTY 100 11th St SW, Naples, FL 34117
ADDRESS:
28. CASE NO: CENA20190005681
OWNER: Ricot Dieujuste and Anne Dieujuste
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. A
property containing litter/outdoor storage including, but not
limited to, buckets, lumber, plywood, tools and cinder blocks.
FOLIO NO: 37015920106
PROPERTY 100 11th St SW, Naples, FL 34117
ADDRESS:
29. CASE NO: CEPM20190011115
OWNER: Mark D Holmes
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n) and 22-231(15). Observed
missing and damaged screens on a pool enclosure. Also,
observed a pool with green water not being maintained.
FOLIO NO: 53751480007
PROPERTY 4493 Lakewood Blvd, Naples, FL 34112
ADDRESS:
30. CASE NO: CEV20190012516
OWNER: Tobias U Anyaehie and Prisca Anyaehie
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Observed multiple vehicles with
expired license plates parked on a residential property.
FOLIO NO: 63100320009
PROPERTY 4820 Biscayne DR, Naples, FL 34112
ADDRESS:
31. CASE NO: CEV20190013637
OWNER: Edgar L Penzo
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unregistered/inoperable vehicles on
the property.
FOLIO NO: 52395200000
PROPERTY 118 Capri Blvd, Naples, FL 34113
ADDRESS:
32. CASE NO: CENA20190013735
OWNER: Mario A Gutierrez and Karla M Melara Rodriguez
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. Litter
and outside storage including, but not limited to, auto,
household and construction materials.
FOLIO NO: 68340080007
PROPERTY 2 Salinas DR, Naples, FL 34114
ADDRESS:
33. CASE NO: CEPM20190004651
OWNER: Leroy Ducharme
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Observed a green,
unmaintained private swimming pool.
FOLIO NO: 37992760007
PROPERTY 3840 11th Ave SW, Naples, FL 34117
ADDRESS:
34. CASE NO: CEPM20190008884
OWNER: Estela T Meran
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(n). Observed a damaged chain-
link perimeter fence.
FOLIO NO: 37597200001
PROPERTY 165 Jung Blvd, Naples, FL 34120
ADDRESS:
35. CASE NO: CEV20190011246
OWNER: Patricia A Hutchinson
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III,
Chapter 130, Section 130-97(4). Observed open utility trailer
with construction materials loaded on bed.
FOLIO NO: 68343560003
PROPERTY 92 Isle of Saint Thomas, Naples, FL 34114
ADDRESS:
36. CASE NO: CENA20190006965
OWNER: Andrea Ibanez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 3.05.08(C). Brazilian Pepper growth on this improved
property.
FOLIO NO: 37989520001
PROPERTY 3662 11th Ave SW, Naples, FL 34116
ADDRESS:
37. CASE NO: CENA20190010160
OWNER: PULLUKAT LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179. Litter on the property including, but
not limited to, cut up tree(s), yard debris, construction debris
and tires.
FOLIO NO: 37170680103
PROPERTY No Site Address
ADDRESS:
38. CASE NO: CEV20190007829
OWNER: Carole A Alleman
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Observed one (1) inoperable
vehicle on the property.
FOLIO NO: 37981280006
PROPERTY 3311 11th Ave SW, Naples, FL 34117
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: 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 at curbside.
FOLIO NO: 48784120006
PROPERTY 2965 Woodside Ave, Naples, FL 34112
ADDRESS:
2. CASE NO: CENA20190009533
OWNER: Rose Gentry
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and 54-185(a) and Collier County
Land Development Code 04-41, as amended, Section 2.02.03.
High grass, weeds and vegetation in excess of 18 inches and the
accumulation of litter and outside storage on the subject
property including, but not limited to, trash, buckets and
household items.
FOLIO NO: 68343000000
PROPERTY 79 Isle of Saint Thomas, Naples, FL 34114
ADDRESS:
3. CASE NO: CESD20180006363
OWNER: Norma A Martinez
OFFICER: Paula Guy
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a) and the Florida Building Code, Sixth
Edition (2017) Building, Chapter 1, Section 105.1. Fence and
carport erected prior to obtaining all required Collier County
building permits, inspections and certificate of
completion/occupancy.
FOLIO NO: 39381800000
PROPERTY 340 16th Street SE, Naples, FL 34117
ADDRESS:
4. CASE NO: CESD20180007466
OWNER: Thomas M Aiello and Shari Cosme Aiello
OFFICER: Paula Guy
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). Pole barn without a building permit.
FOLIO NO: 36765241000
PROPERTY 3440 7th Ave SW, Naples, FL 34117
ADDRESS:
5. CASE NO: CEPM20190015033
OWNER: Sheila D Gebhart
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Buildings and Building Regulations, Article VI, Property
Maintenance Code, Section 22-231(2). An occupied dwelling
without any water supply or access.
FOLIO NO: 62264320001
PROPERTY 5329 Trammel St, Naples, FL 34113
ADDRESS:
6. 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 in excess of 18” in height and outside storage of litter
consisting of, but not limited to, dishwasher, window air
conditioning unit, blue tarp, wood crates and a stool.
FOLIO NO: 68341720007
PROPERTY 46 Moon Bay St, Naples, FL 34114
ADDRESS:
7. 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:
8. 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). Boated parked in the front yard
of the property.
FOLIO NO: 740440001
PROPERTY 123 Islamorada LN, Naples, FL 34114
ADDRESS:
9. CASE NO: CENA20190012580
OWNER: Eugene Arevalo Estate
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and 54-181. Litter consisting of
tires, plastic buckets, bed frame, old appliances and a large pile
of debris in the rear yard (fence and wood).
FOLIO NO: 88160001
PROPERTY 108 Dixie Ave W, Immokalee, FL 34142
ADDRESS:
10. 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:
11. 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). A recreational van and two boats
on trailers were being stored or kept on the driveway or at the
front of the property.
FOLIO NO: 71800000200
PROPERTY 3224 Areca Ave, Naples, FL 34112
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
XII. NEXT MEETING DATE- FRIDAY, MARCH 6, 2020 AT 9:00 A.M.
XIII. ADJOURN
February 7, 2020
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 – Motions for Extension of Time, the following case was withdrawn:
1. CASE NO: CESD20180015491 OWNER: BAYSHORE REDEVELOPMENT GP LLC
Under Item VI.A – Hearings, the following cases were moved to Item V – Stipulations:
24. CASE NO: CEV20190013638 - Mark W. Markinsen and Estella Markinsen
31. CASE NO: CEV20190013637 - Edgar L. Penzo
5. CASE NO: CESD20190008879 - Peter A. Atsales TR
16. CASE NO: CEV20190011930 - Edie Hunter
26. CASE NO: CEVR20190008282 - Gregory M. Delaere
13. CASE NO: CENA20190014109 - Jones Napoleon
6. CASE NO: CESD20180005821 - Christopher Bryan and Julia Bryan
7. CASE NO: CENA20190002236 - Timothy F. Matthew and Sabine J. Matthew
8. CASE NO: CEV20190003592 - Timothy F. Matthew and Sabine J. Matthew
28. CASE NO: CENA20190005681 - Ricot Dieujuste and Anne Dieujuste
38. CASE NO: CEV20190007829 - Carole A. Alleman
22. CASE NO: CEV20190012822 - Roberto Perez
Under Item VI.A – Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20190014988-SO188140 OWNER: Osvaldo Alvarez
3. CASE NO: CEOCC20190010350 OWNER: CENDEJAS INVESTMENT LLC
4. CASE NO: CENA20190014088 OWNER: Iris Labrie
9. CASE NO: CENA20190005532 OWNER: Jimmy Nguyen and Linh Le
12. CASE NO: CEV20190014108 OWNER: Jones Napoleon
14. CASE NO: CEAU20190002998 OWNER: Estella Francesse Roche
15. CASE NO: CEV20190013299 OWNER: Guillermo Morales and Beatriz Morales
17. CASE NO: CELU20190012619 OWNER: Frederick F. Harbec and Tania Iturralde
18. CASE NO: CENA20190007553 OWNER: BRUCE G. WOOD REVOCABLE TRUST
19. CASE NO: CELU20190007643 OWNER: BRUCE G. WOOD REVOCABLE TRUST
20. CASE NO: CELU20190008442 OWNER: BRUCE G. WOOD REVOCABLE TRUST
21. CASE NO: CEPM20190012084 OWNER: Yuralys Balmaceda
23. CASE NO: CELU20190013310 OWNER: Magaly Cruz
25. CASE NO: CELU20190013740 OWNER: Lucy Heiston
February 7, 2020
3
27. CASE NO: CESD20190005676 OWNER: Ricot Dieujuste and Anne Dieujuste
29. CASE NO: CEPM20190011115 OWNER: Mark D. Holmes
30. CASE NO: CEV20190012516 OWNER: Tobias U. Anyaehie and Prisca Anyaehie
32. CASE NO: CENA20190013735 OWNER: Mario A. Gutierrez and Karla M Melara
Rodriguez
33. CASE NO: CEPM20190004651 OWNER: Leroy Ducharme
34. CASE NO: CEPM20190008884 OWNER: Estela T. Meran
35. CASE NO: CEV20190011246 OWNER: Patricia A. Hutchinson
36. CASE NO: CENA20190006965 OWNER: Andrea Ibanez
37. CASE NO: CENA20190010160 OWNER: PULLUKAT LLC
Under Item VII.B – Motion for Imposition of Fines, the following case was withdrawn:
11. CASE NO: CEV20190004662 OWNER: Paul L. Riddleberger Jr.
Special Magistrate Garretson approved the Agenda as modified
III. APPROVAL OF MINUTES
The minutes of the January 3, 2020 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
24. CASE NO: CEV20190013638
OWNER: Mark W. Markinsen and Estella Markinsen
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95, 130-96(a) and 130-97(4). Unregistered/inoperable boat, trailer and auto
vehicles in front driveway.
FOLIO NO: 52395240002
PROPERTY ADDRESS: 116 Capri Blvd, Naples, FL 34113
Supervisor Mucha requested the hearing.
The Stipulation was entered into by Mark Markinsen on February 6, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Relocating the boat to the rear yard or storing within the confines of a completely enclosed
structure, or removing from property. Relocating the enclosed trailer to the rear yard screened
with vegetation and concealed from view or storing within a completely enclosed structure or
removing from property by March 7, 2020 or a $100.00 per day fine will be imposed until the
violation has been abated.
February 7, 2020
4
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
31. CASE NO: CEV20190013637
OWNER: Edgar L. Penzo
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unregistered/inoperable vehicles on the property.
FOLIO NO: 52395200000
PROPERTY ADDRESS: 118 Capri Blvd, Naples, FL 34113
Officer Pitura requested the hearing.
The Stipulation was entered into by Edgar Penzo on February 6, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Obtain and affix a current valid license plate to each vehicle not stored within the confines of
a completely enclosed structure, and/or store said vehicles within a completed enclosed
structure, and/or repair defects so vehicle is immediately operable or remove offending
vehicles from residentially zoned area by March 7, 2020 or a $50.00 per day fine will be
imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
5. CASE NO: CESD20190008879
OWNER: Peter A. Atsales TR
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Replacing roof
without obtaining required Collier County permits.
FOLIO NO: 60530006048
PROPERTY ADDRESS: 743 Provincetown DR, Naples, FL 34104
Officer Thompson requested the hearing.
The Stipulation was entered into by Rev. Peter A. Atsales on February 6, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
February 7, 2020
5
2. Abate all violation by obtaining all required Collier County Building Permit or Demolition
Permits, Inspections and Certificate of Completion/Occupancy for the replacement of roof by
April 7, 2020 or a fine of $100.00 per day will be imposed for each day the violation remains
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
16. CASE NO: CEV20190011930
OWNER: Edie Hunter
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable/unregistered vehicles and trailers.
FOLIO NO: 01134800803
PROPERTY ADDRESS: 244 Gladys Ct, Copeland, FL 34137
Officer Hamilton requested the hearing.
The Stipulation was entered into by Edie Hunter on February 6, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Obtain and affix a current valid license plate to each vehicle not stored within the confines of
a completely enclosed structure, and/or store said vehicles within a completed enclosed
structure, and/or repair defects so vehicle is immediately operable or remove offending
vehicles from residentially zoned area by March 7, 2020 or a $50.00 per day fine will be
imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
26. CASE NO: CEVR20190008282
OWNER: Gregory M. Delaere
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
4.06.05(A)(2), 4.06.05(D)(2) and 4.06.05(D)(2)(b). Missing one required native
Florida canopy tree.
FOLIO NO: 32720002181
PROPERTY ADDRESS: 3625 Periwinkle Way, Naples, FL 34114
Officer Cathey requested the hearing.
February 7, 2020
6
The Stipulation was entered into by Gregory M. Delaere on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
March, 7, 2020.
2. Plant or cause to plant, one approved Florida native canopy tree per the Ordinances listed in
the Notice of Violation by March 7, 2020 or a $50.00 per day fine will be imposed until the
violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.65
13. CASE NO: CENA20190014109
OWNER: Jones Napoleon
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 and outside storage including, but not limited to,
household, auto and construction materials.
FOLIO NO: 25967800360
PROPERTY ADDRESS: 14573 Apalachee St, Naples, FL 34114
Officer Pitura requested the hearing.
The Stipulation was entered into by Jones Napoleon on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Remove all unauthorized accumulation of litter and outside storage from the property to a site
intended for final disposal or store items within a completely enclosed structure by March 7,
2020 or a $50.00 per day fine will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
6. CASE NO: CESD20180005821
OWNER: Christopher Bryan and Julia Bryan
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction of a pergola at the front
February 7, 2020
7
entrance of the property without required permits, inspections and certificate of
completion.
FOLIO NO: 51494600007
PROPERTY ADDRESS: 2257 Regal Way, Naples, FL 34110
Officer Ford requested the hearing.
The Stipulation was entered into by Christopher Bryan on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Abate all violation by obtaining all required Collier County Building Permit or Demolition
Permits, Inspections and Certificate of Completion/Occupancy by April 7, 2020 or a fine of
$250.00 per day will be imposed for each day the violation remains 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
7. CASE NO: CENA20190002236
OWNER: Timothy F. Matthew and Sabine J. Matthew
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter and/or illegal outdoor storage including, but not limited to, a pile of
pavers, cinder blocks, a large pile of tires, damaged construction equipment, large
pipes, scaffolding type metal frames, buckets, plastic sheets, lumber and pieces of
metal (various types/sizes).
FOLIO NO: 37598800002
PROPERTY ADDRESS: 2081 Wilson Blvd N, Naples, FL 34120
Officer Holmes requested the hearing.
The Stipulation was entered into by Timothy Matthew on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March 7, 2020.
2. Remove all unauthorized accumulation of litter and outside storage from the property to a site
intended for final disposal or store items within a completely enclosed structure by March 23,
2020 or a $100.00 per day fine will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
February 7, 2020
8
Total Amount Due: $111.70
8. CASE NO: CEV20190003592
OWNER: Timothy F. Matthew and Sabine J. Matthew
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. Two (2) unlicensed/inoperable vehicles and four (4) unlicensed/inoperable
trailers on the property.
FOLIO NO: 37598800002
PROPERTY ADDESS: 2081 Wilson Blvd N, Naples, FL 34120
Officer Holmes requested the hearing.
The Stipulation was entered into by Timothy Matthew on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March 7, 2020.
2. Obtain and affix a current valid license plate to each vehicle not stored within the confines of
a completely enclosed structure, and/or store said vehicles within a completed enclosed
structure, and/or repair defects so vehicle is immediately operable or remove offending
vehicles from residentially zone area by March 23, 2020 or a $100.00 per day fine will be
imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
28. CASE NO: CENA20190005681
OWNER: Ricot Dieujuste and Anne Dieujuste
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
179 and Collier County Land Development Code 04-41, as amended, Section
2.02.03. A property containing litter/outdoor storage including, but not limited to,
buckets, lumber, plywood, tools and cinder blocks.
FOLIO NO: 37015920106
PROPERTY ADDRESS: 100 11th St SW, Naples, FL 34117
Officer Holmes requested the hearing.
The Stipulation was entered into by Ricot Dieujuste on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
April 7, 2020.
2. Remove all unauthorized accumulation of litter and outside storage from the property to a site
intended for final disposal or store items within a completely enclosed structure by April 7,
2020 or a $100.00 per day fine will be imposed until the violation has been abated.
February 7, 2020
9
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
38. CASE NO: CEV20190007829
OWNER: Carole A Alleman
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Observed one (1) inoperable vehicle on the property.
FOLIO NO: 37981280006
PROPERTY ADDRESS: 3311 11th Ave SW, Naples, FL 34117
Officer Holmes requested the hearing.
The Stipulation was entered into by the Respondent’s representative Stacie Alleman on February 7,
2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
March, 7, 2020.
2. Repair all defects so vehicle(s) are immediately operable or store within a completed enclosed
structure, or remove offending vehicles from property by March 7, 2020 or a $100.00 per day
fine will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
22. CASE NO: CEV20190012822
OWNER: Roberto Perez
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-97(2) and Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Commercial trailer and vehicles parked on residential
property and lawn.
FOLIO NO: 35645200007
PROPERTY ADDRESS: 4201 23rd Ave SW, Naples, FL 34116
Officer Fuentes requested the hearing.
The Stipulation was entered into by Roberto Perez on February 7, 2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and them
to:
February 7, 2020
10
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by
March, 7, 2020.
2. Store commercial vehicle(s) within a completely enclosed structure, in the rear yard
vegetatively screened and not visible from adjacent properties or the street serving the
property, or remove offending vehicle(s)/equipment for residentially zoned area by March 7,
2020 or a $150.00 per day fine will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.75
VII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CENA20190009533
OWNER: Rose Gentry
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and 54-185(a) and Collier County Land Development Code 04-41, as
amended, Section 2.02.03. High grass, weeds and vegetation in excess of 18
inches and the accumulation of litter and outside storage on the subject property
including, but not limited to, trash, buckets and household items.
FOLIO NO: 68343000000
PROPERTY ADDRESS: 79 Isle of Saint Thomas, Naples, FL 34114
Rose Gentry was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 12/6/19 No. 5712 Page: 1271
Fine Amount: $100.00/day
Duration: 29 days
Total Fine Amount: $2,900.00
Unpaid Operational Costs: $111.80 (for today’s hearing)
Total to Date: $3,011.80
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
3. CASE NO: CESD20180006363
OWNER: Norma A. Martinez
OFFICER: Paula Guy
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition (2017) Building,
Chapter 1, Section 105.1. Fence and carport erected prior to obtaining all
required Collier County building permits, inspections and certificate of
completion/occupancy.
FOLIO NO: 39381800000
PROPERTY ADDRESS: 340 16th Street SE, Naples, FL 34117
February 7, 2020
11
Norma Martinez was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 12/7/18 – No. 5593 Page: 3848
Fine Amount: $150.00/day
Duration: 279 days
Total Fine Amount: $41,850.00
Unpaid Operational Costs: $111.80 (for today’s hearing)
Total to Date: $41,961.80
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
4. CASE NO: CESD20180007466
OWNER: Thomas M. Aiello and Shari Cosme Aiello
OFFICER: Paula Guy
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Pole barn without a building permit.
FOLIO NO: 36765241000
PROPERTY ADDRESS: 3440 7th Ave SW, Naples, FL 34117
Shari Aiello was present.
Supervisor Perez reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 8/2/19 No. 5665 Page: 1735
Fine Amount: $150.00/day
Duration: 97 days
Total Fine Amount: $14,550.00
Unpaid Operational Costs: $111.90 (for today’s hearing)
Total to Date: $14,661.90
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
8. 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). Boated parked in the front yard of the property.
FOLIO NO: 00740440001
PROPERTY ADDRESS: 123 Islamorada LN, Naples, FL 34114
Frank Stute was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 11/1/19 No. 5703 Page: 2456
Fine Amount: $50.00/day
Duration: 59 days
Total Fine Amount: $2,950.00
Unpaid Operational Costs: $111.80 (for today’s hearing)
Total to Date: $3,061.80
February 7, 2020
12
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
9. CASE NO: CENA20190012580
OWNER: Eugene Arevalo Estate
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179 and 54-181. Litter consisting of tires, plastic buckets, bed frame, old
appliances and a large pile of debris in the rear yard (fence and wood).
FOLIO NO: 00088160001
PROPERTY ADDRESS: 108 Dixie Ave W, Immokalee, FL 34142
Eugene Arevalo was present.
Supervisor Ambach reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 1/3/20 No. 5719 Page: 716
Fine Amount: $100.00/day
Duration: 3 days
Total Fine Amount: $300.00
Unpaid Operational Costs: $111.75 (for today’s hearing)
Total to Date: $411.75
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
10. 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: 00127562104
PROPERTY ADDRESS: 308 S 4th ST, Immokalee, FL 34142
Paula Gonzalez was present.
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: 9/6/19 No. 56777 Page: 2179
Fine Amount: $250.00/day
Duration: 94 days
Total Fine Amount: $23,500.00
Unpaid Operational Costs: $111.85 (for today’s hearing)
Total to Date: $23,611.85
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and
Liens.
Break: 12:07 p.m.
Reconvened 12:19 p.m.
February 7, 2020
13
VIII. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: CEEX20190015042-PU5411
OWNER: Sheila D Gebhart
OFFICER: Robin L Goldsboro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134-62, Section 1.9, Utilities
Standard Manual. Illegal connection to County Water System. Observed the meter
lock placed on shut off valve on Thursday, December 19, 2019. Has been pried
open and shut off valve has been turned back on; turning water service back on.
Health, safety and welfare issue.
FOLIO NO: 62264320001
PROPERTY ADDRESS: 5329 Trammel St, Naples, FL 34113
Officer Goldsboro represented the County.
The Respondent was not present.
Date of Notice by Certified Mail: 1/15/20
Evidence Entered: Composite Exhibit A: 2 photos depicting the violation.
SpecialMagistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
them to pay:
1. Operational Costs in the amount of $50.00 incurred in the prosecution of the case
2. An Administrative Fee of $5.00.
Total Amount Due: $55.00
10. CASE NO: CEROW20190012591
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges,
Article II Construction in Right of Way, Division 1 Generally, Section 110-31(a).
FOLIO NO: 35769920001
PROPERTY ADDESS: 4549 17th Ave SW, Naples, FL 34116
Officer Fuentes represented the County.
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 1/17/20
Date of Property/Courthouse Posting: 1/16/20
Evidence Entered: Composite Exhibit A: 2 photos 10/18/19
Finding the Notice of Hearing was properly served, 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 this case by
March 7, 2020.
2. Obtain all required Collier County Right of Way Permit(s), request all related inspections
through final approval by March 7, 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
February 7, 2020
14
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
11. CASE NO: CEV20190010688
OWNER: Alexis Palomequ
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A).
More than forty percent (40 %) of the front yard has been paved.
FOLIO NO: 35769920001
PROPERTY ADDRESS: 4549 17th Ave SW, Naples, FL 34116
Officer Fuentes represented the County.
The Respondent was not present.
Date of Hearing notice by Certified Mail: 1/17//20
Date of Property/Courthouse Posting: 1/16/20
Evidence Entered: Composite Exhibit A: 2 photos 10/18/19
Exhibit B: 1 photo dated 2/6/19
Exhibit C: 1 aerial photo of the property
Finding the Notice of Hearing was properly served, 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 this case by
March 7, 2020.
2. Limit the designated parking to 40 percent of the required front yard area and limit this area
to be stabilized subsurface base or plastic grid stabilization system covered by surface areas of
concrete, crushed stone, crushed shell, asphalt, pavers or turf parking system specifically
designed for parking of automobiles by March 7, 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
IX. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. 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 at curbside.
February 7, 2020
15
FOLIO NO: 48784120006
PROPERTY ADDRESS: 2965 Woodside Ave, Naples, FL 34112
Officer Keegan presented the case noting the violation has been abated but not in the prescribed
timeframe.
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 1/15/20
Special Magistrate Order: No. 5712 Page: 1268
Fine Amount: $100.00/day
Duration: 34 days
Total Fine Amount: $3,400.00
Unpaid Operational Costs: $50.00
Unpaid Administrative Fee: $5.00
Total to Date: $3,455.00
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 $166.80. Operational costs
for today’s hearing $111.80. Said amount to become a lien on the property.
5. CASE NO: CEPM20190015033
OWNER: Sheila D Gebhart
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and
Building Regulations, Article VI, Property Maintenance Code, Section 22-
231(2). An occupied dwelling without any water supply or access.
FOLIO NO: 62264320001
PROPERTY ADDRESS: 5329 Trammel St, Naples, FL 34113
Supervisor Mucha presented the case noting the violation has not been abated.
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 1/17/20
Date of Hearing Notice Property/Courthouse Posting: 1/22/20
Special Magistrate Order: No. 5719 Page: 739
Fine Amount: $250.00/day
Duration: 28 days
Total Fine Amount: $7,000
Unpaid Operational Costs: $223.45
Total to Date: $7,223.45
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 $7,223.45. 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
February 7, 2020
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
None
XIII. NEXT MEETING DATE—March 6, 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 12:55 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
0-4,
Ai II. 0
.
••nda C. Garre , Special Magistrate ihTMinutes were approved by the Special Magistrate on ‘1\ i Iit a , as presented
, or as amended .
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