CESM Minutes 03/06/2020March 6, 2020
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 6, 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
CO 1eY C014VIty
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 06, 2020
9:00 AM
NOTE: 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
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
• CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
PROPERTY
ADDRESS:
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
CESD20190001079
PATRICIA SCHULTZ TRUST AND JAMES SCHULTZ
TRUST
Thomas Pitura
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 boat lift
was erected on the subject property without first obtaining a
valid Collier County permit, proper inspections and a certificate
of completion/occupancy.
52396480007
111 Capri Blvd, Naples, FL 34113
• CASE NO: CEEX20200000264-SO188187
OWNER: Mary P Taylor
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-67. Handicapped Parking. Parked on
hash lines.
FOLIO NO:
PROPERTY 6650 Collier Blvd, Naples, FL 34114
ADDRESS:
2. CASE NO: CEEX20200001345-SOI69422
OWNER: Doris Coughlin
OFFICER: Deputy Shannon Lee
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-67. Handicapped Parking.
FOLIO NO:
PROPERTY 11225 Tamiami Trail N, Naples, FL 34110
ADDRESS:
3• CASE NO: CEEX20200001349-PRO61169
OWNER: SUBARU OF NAPLES
OFFICER: Park Ranger Cynthia English
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 11, Section 130-66. Parking — Unlawful Area. Parked
illegally, took two (2) spaces.
FOLIO NO:
PROPERTY Caxambus Park, Marco Island, FL 34145
ADDRESS:
4• CASE NO: CEEX20200001164-PRO61243
OWNER: Debra Flynn Sherburne
OFFICER: Park Ranger Kurt Araquistain
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66. Parking — Unlawful Area. Parking
in designated parking spots only.
FOLIO NO:
PROPERTY Bayview Park, 1575 Danford St, Naples, FL
ADDRESS:
5• CASE NO: CEEX20200000777-PRO61336
OWNER: Jeffrey E Maroon
OFFICER: Sr. Park Ranger Wayne Muilenburg
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 11, Section 130-66. Parked on Sidewalk, not an
authorized space.
FOLIO NO:
PROPERTY North Collier Regional Park, Naples, FL 34109
ADDRESS:
6. CASE NO: CEEX20200001709-PU5440
OWNER: MATTAMY TAMPA/SARASOTA LLC
OFFICER: Jacob Sawatzky
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134,
Article 111, Section 134-62, 1.9 Utilities Standard Manual.
County backflow device has been tampered with. The leg of
device has been pulled from the ground and twisted up creating
a health, safety, and welfare issue.
FOLIO NO: 81080006247
PROPERTY 3870 Helmsman DR, Naples, FL 34120
ADDRESS:
7• CASE NO: CEEX20200001708-PU5438
OWNER: MATTAMY TAMPA/SARASOTA LLC
OFFICER: Jacob Sawatzky
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134,
Article 111, Section 134-62, 1.9 Utilities Standard Manual.
10.
11
County backflow device has been tampered with. Back leg of
device has been pulled from the ground and twisted up creating
a health, safety and welfare issue.
FOLIO NO: 81080005183
PROPERTY 3375 Pilot CIR, Naples, FL 34120
ADDRESS:
CASE NO: CENA20190006753
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article IV, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831240007
PROPERTY No Site Address
ADDRESS:
CASE NO: CENA20190006751
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831280009
PROPERTY No Site Address
ADDRESS:
CASE NO: CEV20190013778
OWNER: Martine Jean Baptiste and Ronitene Thelemaque
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III,
Chapter 130, Section 130-97(2). Commercial box truck parked
on residentially zoned property.
FOLIO NO: 62099280002
PROPERTY 5361 Carlton St, Naples, FL 34113
ADDRESS:
CASE NO: CEPM20190011306
OWNER: Salvatore J Mannino and Jacqueline A Mannino
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof in disrepair with
missing and/or defective roof tiles.
FOLIO NO: 60580001323
PROPERTY 8114 Costa Brava Ct, Naples, FL 34109
ADDRESS:
12. CASE NO: CENA20200000687
OWNER: GULF GATE VENTURE II INC
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179. Witnessed the accumulation of
various items of garbage and litter on this commercial property.
FOLIO NO: 61834920007
PROPERTY 2620 Tamiami Trl E, Naples, FL 34112
ADDRESS:
13. CASE NO: CENA20190014801
OWNER: Maria C Rojas
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181. Accumulation of litter and debris
on the property.
FOLIO NO: 68340360002
PROPERTY 9 Salinas DR, Naples, FL 34114
ADDRESS:
14. CASE NO:
CESD20190003707
OWNER:
Lamenais Joseph Jean and Erline Jean Gelin
OFFICER:
Thomas Pitura
VIOLATIONS:
Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). Front screen enclosure erected
without a permit.
FOLIO NO:
77390003504
PROPERTY
13694 Legacy LN, Naples, FL 34114
ADDRESS:
15. CASE NO:
CENA20190010437
OWNER:
Alfonso Trevino and Gloria F Trevino
OFFICER:
Steven Lopez-Silvero
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Observed litter/outside storage of items consisting of, but not
limited to, tires, metals and a stove in the rear yard on improved
occupied residential property.
FOLIO NO:
51215000909
PROPERTY
419 Habitat CT, Immokalee, FL 34142
ADDRESS:
16. CASE NO:
CEV20200000190
OWNER:
Antonio Barajas and Virginia Barajas
OFFICER:
Ryan Cathey
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-97(2), 130-97(3) and 130-97(4).
17
18.
19.
20.
Commercial vehicle parked in the front yard. First repeat
offense.
FOLIO NO: 62042080000
PROPERTY 5341 McCarty St, Naples, FL 34113
ADDRESS:
CASE NO: CELU20200000194
OWNER: Antonio Barajas and Virginia Barajas
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,
tires, buckets, containers, tank/pump and other household items.
FOLIO NO: 62042080000
PROPERTY 5341 McCarty St, Naples, FL 34113
ADDRESS:
CASE NO: CEROW20190008198
OWNER: Myriam Gladys Gomez and Juan S Rodriguez
OFFICER: William Shanahan
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Unpermitted gravel driveway
extending into the County right of way.
FOLIO NO: 36447280004
PROPERTY 3048 50th St SW, Naples, FL 34116
ADDRESS:
CASE NO: CENA20190006748
OWNER: BULLARD COMPANY LLC
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 48730920108
PROPERTY 2386 Becca Ave, Naples, FL 34112
ADDRESS:
CASE NO: CENA20190006747
OWNER: BULLARD COMPANY LLC
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 48730920205
PROPERTY 2382 Becca Ave. Naples, FL 34112
ADDRESS:
21. CASE NO: CEPM20200001491
OWNER: Dean Gardy and Junee Gardy
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Pool water is dark green in
color and not being maintained.
FOLIO NO: 22597009152
PROPERTY 6760 Southern Oak CT, Naples, FL 34109
ADDRESS:
22• CASE NO: CENA20190014829
OWNER: Linda Parks
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: 68342840009
PROPERTY 75 Isle of Saint Thomas, Naples, FL 34114
ADDRESS:
23• CASE NO: CESD20190005712
OWNER: David P Knox
OFFICER: Thomas Pitura
VIOLATIONS: Florida Building Code (2017), Chapter 1, Part 2, Section 105.1
and Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a). Fence for boat ramp
installed without a permit.
FOLIO NO: 49530400005
PROPERTY 5 Creek Circle, Naples, FL 34114
ADDRESS:
24• CASE NO:
CEV20190011137
OWNER:
Richard Torres
OFFICER:
William Shanahan
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section. 130-95. Inoperable vehicle with expired
license plate.
FOLIO NO:
35997680003
PROPERTY
2513 44' St SW, Naples, FL 34116
ADDRESS:
25• CASE NO: CELU20190012137
OWNER: Cleveland Haffenden
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03 and 1.04.01(A). A red vehicle and a truck being
stored on an unimproved lot.
FOLIO NO: 62256280007
PROPERTY 5210 Mitchell St, Naples, FL 34113
ADDRESS:
26• CASE NO: CEPM20190013727
OWNER: Kristopher E Umpenhour and Sheila Umpenhour
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof over the garage is
dilapidated and caved in.
FOLIO NO: 77212880009
PROPERTY 112 4' St, Naples, FL 34113
ADDRESS:
27• CASE NO: CEPM20180008222
OWNER: KITE EAGLE CREEK LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-228(1). Silent Knight Panel SK 5014B
was not installed to manufacturing specifications.
FOLIO NO: 726723001
PROPERTY 12612 Tamiami Trl E, Naples, FL 34113
ADDRESS:
28• CASE NO: CEV20190013392
OWNER: 2884 TROPICANA BLVD LAND TRUST
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-95 and 130-97(5). Collier County Land
Development Code 04-41, as amended, Section 4.05.03(C).
Unlicensed, inoperable and commercial vehicles on the
property.
FOLIO NO: 35986520006
PROPERTY 2884 Tropicana Blvd, Naples, FL 34116
ADDRESS:
B. EMERGENCY CASES
VIII.NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
• CASE NO: CENA20190009179
OWNER: Cleyo R Waggoner
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code
of Laws and Ordinances, Chapter 54,
H
5.
Article VI, Section 54-179, 54-181 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:
CASE NO:
CEPM20190010526
OWNER:
GSR MORTGAGE LOAN TRUST
OFFICER:
Latoya Thompson
VIOLATIONS:
Florida Building Code, Sixth Edition (2017), Building, Chapter
4, Sections 454.2.17.1 through 454.2.17.3 and Collier County
Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(n). A damaged screen enclosure/protective barrier
of an outdoor swimming pool with missing screens.
FOLIO NO:
23946003850
PROPERTY
6654 Huntley Lane N, Naples, FL 34104
ADDRESS:
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:
CASE NO: CEPM20190006708
OWNER: NAPLES MARINA HOLDINGS LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Buildings and Building Regulations, Article VI, Property
Maintenance Code, Section 22-240(1)0), 22-240(1)(e) and 22-
240(1)(b). Vacant commercial building with rear exterior wall
and roof in disrepair. Also, broken window and door glass on
front and side of building.
FOLIO NO: 386160004
PROPERTY 1949 Davis Blvd, Naples, FL 34104
ADDRESS:
CASE NO: CEPM20190006863
OWNER: ULLAHS PROPERTIES LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Building and Building Regulations, Article VI, Property
Maintenance Code, Section 22-231(12)(b), 22-231(12)(i) and
22-231(12)(c). Roof, windows and exterior siding in disrepair.
6.
FOLIO NO: 77411120007
PROPERTY 1134/1136 Trail Terrace DR, Naples, FL 34103
ADDRESS:
CASE NO: CEPM20190012560
OWNER: Eugene Arevalo Estate
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(9), 22-231(11), 22-231(12)(b), 22-
231(12)(c), 22-231(12)(i), 22-231(12)(k), 22-231(p), 22-231(19)
and 22-231(20). No smoke detector, exposed electrical wires,
missing face plates on electrical outlets, broken windows,
damage to ceiling and walls on the inside of the house due to
water leaks, damage to the roof and holes in exterior wall of the
unit; plumbing issue causing toilets to back up and overflow.
FOLIO NO: 88160001
PROPERTY 108 Dixie Ave West, Immokalee, FL 34142
ADDRESS:
CASE NO: CEPM20190011873
OWNER: Nicholas Ballo
OFFICER: Arthur Ford
VIOLATIONS: Florida Building Code, Sixth Edition (2017), Building, Chapter
4, Section 454.2.17, Residential Swimming Barrier Requirement
and Collier County Land Development Code 04-41, as
amended, Section 5.03.02(F)(3). An outdoor swimming pool
without any permanent protective barrier and a damaged six-
foot fence, missing panels in the rear of the property.
FOLIO NO: 62411280004
PROPERTY 807 108' Ave N, Naples, FL 34108
ADDRESS:
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:
CASE NO: CENA20180009015
OWNER: Jana J Krause, Gregory M Crouse and Douglas A Crouse
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds in excess of eighteen
inches.
FOLIO NO: 67288800007
PROPERTY 693 West St, Naples, FL 34108
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. Special Magistrate Rules and Regulations Workshop
XII. NEXT MEETING DATE- FRIDAY APRIL 3, 2020 AT 9:00 A.M.
XIII.ADJOURN
March 6, 2020
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.
Break: 9:14 a.m.
Reconvened: 9:40 a.m.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
III. APPROVAL OF AGENDA
Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda
item numbers):
Under Item VII.A — Hearings, the following cases were moved to VI — Stipulations:
• 6. CASE NO: CEEX20200001709-PU5440 OWNER: MATTAMY TAMPA/SARASOTA LLC
• 7. CASE NO: CEEX20200001708-PU5438 OWNER: MATTAMY TAMPA/SARASOTA LLC
• 26. CASE NO: CEPM20190013727 OWNER: Kristopher E. Umpenhour and Sheila Umpenhour
• 16. CASE NO: CEV20200000190 OWNER: Antonio Barajas and Virginia Barajas
• 17. CASE NO: CELU20200000194 OWNER: Antonio Barajas and Virginia Barajas
• 18. CASE NO: CEROW20190008198 OWNER: Myriam Gladys Gomez and Juan S. Rodriguez
Under Item VII.A — Hearings, the following cases were withdrawn:
• 2. CASE NO: CEEX20200001345-SO169422 OWNER: Doris Coughlin
• 3. CASE NO: CEEX20200001349-PRO61169 OWNER: SUBARU OF NAPLES
• 4. CASE NO: CEEX20200001164-PRO61243 OWNER: Debra Flynn Sherburne
• 8. CASE NO: CENA20190006753 OWNER: Hala D. Nemer
• 9. CASE NO: CENA20190006751 OWNER: Hala D. Nemer
• 10. CASE NO: CEV20190013778 OWNER: Martine Jean Baptiste and Ronitene Thelemaque
• 11. CASE NO: CEPM20190011306 OWNER: Salvatore J. Mannino and Jacqueline A. Mannino
• 13. CASE NO: CENA20190014801 OWNER: Maria C. Rojas
• 14. CASE NO: CESD20190003707 OWNER: Lamenais Joseph Jean and Erline Jean Gelin
• 15. CASE NO: CENA20190010437 OWNER: Alfonso Trevino and Gloria F Trevino
• 19. CASE NO: CENA20190006748 OWNER: BULLARD COMPANY LLC
• 20. CASE NO: CENA20190006747 OWNER: BULLARD COMPANY LLC
• 22. CASE NO: CENA20190014829 OWNER: Linda Parks
• 23. CASE NO: CESD20190005712 OWNER: David P. Knox
• 24. CASE NO: CEV20190011137 OWNER: Richard Torres
• 25. CASE NO: CELU20190012137 OWNER: Cleveland Haffenden
• 27. CASE NO: CEPM20180008222 OWNER: KITE EAGLE CREEK LLC
2
March 6, 2020
• 28. CASE NO: CEV20190013392 OWNER: 2884 TROPICANA BLVD LAND TRUST
Under VIII.B — Motion for Imposition of Fines, the following case was withdrawn:
• 7. CASE NO: CEPM20190011873 OWNER: Nicholas Ballo
Under VIII.B — Motion for Imposition of Fines, the following case was moved to Item IX.B — Motion to
Rescind a Previously Issued Order
• 2. CASE NO: CEPM20190010526 OWNER: GSR MORTGAGE LOAN TRUST
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the February 7, 2020 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CENA20190009179
OWNER: Cleyo R. Waggoner
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179, 54-181 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
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accumulating to $2,223.50.
Cleyo Waggoner was present.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and Liens
subject to the Operational Costs in the amount of $111.70 being paid by April 6, 2020.
VII. PUBLIC HEARINGS
A. HEARINGS
21. CASE NO: CEPM20200001491
OWNER: Dean Gardy and Junee Gardy
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15). Pool water is dark green in color and not being maintained.
FOLIO NO: 22597009152
PROPERTY ADDRESS: 6760 Southern Oak CT, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 2/19/20
Date of Hearing Notice Property/Courthouse Posting: 2/19/20
Natalie Nogile, Attorney for Junee Gardy was present and reported the couple is in divorce
proceedings and there is an injunction prohibiting Ms. Gardy from entering the property. She did
engage a pool service to clean the pool and maintain it on a regular basis.
March 6, 2020
Manager Letourneau Withdrew the case as the violation has been abated with regular
maintenance ongoing at no apparent objection by Mr. Gardy.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
8. 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 ADDRESS: 2831 Becca Ave, Naples, FL 34112
Officer Johnson reported the violation has been abated but not in the prescribed time frame with
fines and costs accumulating to $20,611.85.
Michael Moore (attorney) represented the Respondent noting there were circumstances beyond
the owner's control which impeded the abatement in the allotted timeframe.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and Liens.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
1. CASE NO: CEEX20200000264-SO188187
OWNER: Mary P. Taylor
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article 11, Section
130-67. Handicapped Parking. Parked on hash lines.
FOLIO NO:
PROPERTY ADDRESS: 6650 Collier Blvd, Naples, FL 34114
Mary Taylor was not present, but County Staff reported she phoned in a request for a
continuance as she was at the hospital with her father-in-law.
Special Magistrate Garretson noted with the Officer present, the case would be heard and Ms.
Taylor may file proper documentation on her emergency and the case may be set for re -hearing.
Deputy Mironov was present
Evidence Entered: Composite Exhibit A: 3 photos depicting the violation
Composite Exhibit B: 4 photos depicting examples of the use of the space in
question
He testified he was on routine patrol the day of the incident when he observed the vehicle parked
on the striped are of a handicap parking space. This area is reserved for non -parking and provides
access to a vehicle in an adjacent handicap space. Automobiles, even those with a handicap
placards, are not allowed in the area.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence,
UPHELD issuance of the Citation and ordered the Respondent to:
1. Pay Operational Costs Associated with the case in the amount of $50.00.
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March 6, 2020
2. Pay a $5.00 Administrative Fee.
3. Pay a Fine of $250.00.
Said costs of $305.00 payable by April 6, 2020.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. 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
Supervisor Mucha reported the violation has been abated but not in the prescribed time frame
with fines and costs accumulating to $67,111.80.
Maria Rojas, owner of the company was present.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and Liens.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. 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). A boat lift was erected on the
subject property without first obtaining a valid Collier County permit, proper
inspections and a certificate of completion/occupancy.
FOLIO NO: 52396480007
PROPERTY ADDRESS: I I I Capri Blvd, Naples, FL 34113
James Schultz was present and requested an Extension of Time to complete the project as it is still
in the permitting process.
The County did not object to the request.
Special Magistrate Garretson GRANTED Mr. Schultz's request for an Extension of Time until
May 6, 2020.
VI. STIPULATIONS
6. CASE NO: CEEX20200001709-PU5440
OWNER: MATTAMY TAMPA/SARASOTA LLC
OFFICER: Jacob Sawatzky
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article III, Section
134-62, 1.9 Utilities Standard Manual. County backflow device has been tampered
March 6, 2020
with. The leg of device has been pulled from the ground and twisted up creating a
health, safety, and welfare issue.
FOLIO NO: 81080006247
PROPERTY ADDRESS: 3870 Helmsman DR, Naples, FL 34120
Officer Sanchez requested the hearing.
The Stipulation was entered into by the Respondent's representative Timothy Murray on March 4,
2020.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
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.
3. A Civil Penalty of $1,500. 00for a total amount due of $1,555.00 payable before April 6, 2020
Total Amount Due: $1,555.00
7. CASE NO: CEEX20200001708-PU5438
OWNER: MATTAMY TAMPA/SARASOTA LLC
OFFICER: Jacob Sawatzky
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article III, Section
134-62, 1.9 Utilities Standard Manual. County backflow device has been tampered
with. Back leg of device has been pulled from the ground and twisted up creating a
health, safety and welfare issue.
FOLIO NO: 81080005183
PROPERTY ADDRESS: 3375 Pilot Cir, Naples, FL 34120
Officer Sanchez requested the hearing.
The Stipulation was entered into by the Respondent's representative Timothy Murray on April 6,
2020.
SpecialMagistrate Garretson found the Respondent GUILTY of the alleged violation and ordered
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.
3. A Civil Penalty of $1,500. 00for a total amount due of $1,555.00 payable before April 6, 2020.
Total Amount Due: $1,555.00
26. CASE NO: CEPM20190013727
OWNER: Kristopher E. Umpenhour and Sheila Umpenhour
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(c). Roof over the garage is dilapidated and caved in.
FOLIO NO: 77212880009
PROPERTY ADDRESS: 112 4th St, Naples, FL 34113
Officer Giguere requested the hearing.
The Stipulation was entered into by Sheila Umpenhour on March 6, 2020.
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
April 6, 2020.
6
March 6, 2020
2. Must repair and/or replace the dilapidated roof over the garage and obtain any and all
necessary permits through Certificate of Completion/Occupancy by September 6, 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: $111.65
16. CASE NO: CEV20200000190
OWNER: Antonio Barajas and Virginia Barajas
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-97(2), 130-97(3) and 130-97(4). Commercial vehicle parked in the front yard.
First repeat offense
FOLIO NO: 62042080000
PROPERTY 5341 McCarty St, Naples, FL 34113
Officer Cathey requested the hearing.
The Stipulation was entered into by Virginia Barajas on March 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
April 6, 2020 and pay a civil penalty in the amount of $125.00 by May 6, 2020 for the first
repeat offense of parking a commercial vehicle in the front yard.
Total Amount Due: $236.70
17. CASE NO: CELU20200000194
OWNER: Antonio Barajas and Virginia Barajas
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, tires, buckets,
containers, tank/pump and other household items.
FOLIO NO: 62042080000
PROPERTY ADDRESS: 5341 McCarty St, Naples, FL 34113
Officer Cathey requested the hearing.
The Stipulation was entered into by Virginia Barajas on March 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
April 6, 2020 and pay a civil penalty in the amount of $125.00 by May 6, 2020 for the first
repeat offense of litter/prohibited outside storage.
Total Amount Due: $236.70
18. CASE NO: CEROW20190008198
OWNER: Myriam Gladys Gomez and Juan S. Rodriguez
March 6, 2020
OFFICER: William Shanahan
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-
31(a). Unpermitted gravel driveway extending into the County right-of-way.
FOLIO NO: 36447280004
PROPERTY ADDRESS: 3048 50th St SW, Naples, FL 34116
Officer Shanahan requested the hearing.
The Stipulation was entered into by Juan Rodriquez on March 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
April 6, 2020.
2. Obtain all required Collier County Right -of -Way permit(s) and inspections through final
approval, and/or remove all offending material from the right-of-way for any activity not
permitted with a valid Collier County Right -of -Way permit by May 6, 2020 or a fine of $150.00
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
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
5. CASE NO: CEEX20200000777-PRO61336
OWNER: Jeffrey E Maroon
OFFICER: Sr. Park Ranger Wayne Muilenburg
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-66. Parked on Sidewalk, not an authorized space.
FOLIO NO:
PROPERTY ADDRESS: North Collier Regional Park, Naples, FL 34109
Ranger Muilenburg represented the County.
Jeffery Maroon was present and testified:
• On the day of the incident, he arrived to play basketball at the gym for his regular outing
and there was a large soccer tournament at the park with the parking area full, and cars
parked everywhere, including on the grass, etc.
• With police officers present directing individuals and cars parked in numerous unpermitted
areas, he parked on a sidewalk area.
• Upon returning to his vehicle, he found the ticket had been issued.
Ranger Muilenburg represented the County.
Evidence Entered: Exhibit A: 1 photo dated 2/19/20 depicting the violation
Exhibit B: 3 photos dated 2/20/20 depicting the area the next day
He testified:
• The park was extremely busy that day as the Dimitri Cup soccer tournament was underway.
• He observed the vehicle parked on the sidewalk in violation of County Ordinances and
accordingly issued the ticket.
March 6, 2020
There were numerous vehicles unlawfully parked that day, however this was the only ticket
he issued as he deemed it a safety issue given pedestrians use the walkway and a wheelchair
could not traverse the area.
• There were spaces available a further away by the Sun-n-Fun Lagoon water park.
Mr. Maroon reported the particular walk where he parked is potentially only utilized by gym
patrons to access the facility and not wheelchair users.
Special Magistrate took the case UNDER ADVISEMENT in order to conduct a site visit.
12. CASE NO: CENA20200000687
OWNER: GULF GATE VENTURE II INC
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179. Witnessed the accumulation of various items of garbage and litter on
this commercial property.
FOLIO NO: 61834920007
PROPERTY ADDRESS: 2620 Tamiami Trl E, Naples, FL 34112
Officer Johnson represented the County.
Evidence Entered: Composite Exhibit A: 16 photos depicting the violation
Exhibit B: 1 aerial photo of the property.
He testified site visits on 2/6/20, 3/3/20 and 3/4/20 revealed the property compromised by litter and
debris.
Joseph Candito, President of Gulf Gate Venture II, Inc. was present and testified he was
unaware of the issues as the maintenance contractor was derelict in his duties. He has since
engaged a new vendor who conducted service on 3/5/20 who will now be routinely cleaning the
property and maintaining the landscaping.
Officer Johnson noted the property is in better condition but was in violation at the time of the
notice. He recommended the owner:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
April 6, 2020.
2. Remove all unauthorized accumulation of litter/outside storage from the property to a site
intended for final disposal or store items within a completely enclosed structure by March
13, 2020 or a fine of $100.00 per day will be imposed until the violation has been abated
thereafter.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriffs Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and
ordered him to pay the Operational Costs of $111.65. County Staff to inspect the property
within 7 days to verify the violation remains abated, if so, #2 and #3 of the County's
recommendation will not be included in the Final Order.
March 6, 2020
Total Amount Due: $111.65
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
6. CASE NO: CEPM20190012560
OWNER: Eugene Arevalo Estate
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(9), 22-231(11), 22-231(12)(b), 22- 231(12)(c), 22-231(12)(i), 22-
231(12)(k), 22-231(p), 22-231(19) and 22-231(20). No smoke detector, exposed
electrical wires, missing face plates on electrical outlets, broken windows,
damage to ceiling and walls on the inside of the house due to water leaks,
damage to the roof and holes in exterior wall of the unit;
plumbing issue causing toilets to back up and overflow.
FOLIO NO: 00088160001
PROPERTY ADDRESS: 108 Dixie Ave West, Immokalee, FL 34142
Officer Connetta reported the violation has been abated but not in the prescribed time frame with
fines and costs accumulating to $2,361.80.
Eugene Arevalo was present.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and Liens.
9. CASE NO: CENA20180009015
OWNER: Jana J. Krause, Gregory M. Crouse and Douglas A. Crouse
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds in excess of eighteen inches.
FOLIO NO: 67288800007
PROPERTY ADDRESS: 693 West St, Naples, FL 34108
Supervisor Short reported the violation has been abated but not in the prescribed time frame with
fines and costs accumulating to $5,711.75.
Sherry Rozsas of Brandon Brittmar Law Firm was present and represented the Respondent.
Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and Liens.
4. CASE NO: CEPM20190006708
OWNER: NAPLES MARINA HOLDINGS LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and
Building Regulations, Article VI, Property Maintenance Code, Section 22-
240(1)0), 22-240(1)(e) and 22- 240(1)(b). Vacant commercial building with rear
exterior wall and roof in disrepair. Also, broken window and door glass on front
and side of building.
FOLIO NO: 00386160004
PROPERTY ADDRESS: 1949 Davis Blvd, Naples, FL 34104
10
March 6, 2020
Officer Athey presented the case noting the violation has not been abated.
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 2/19/20
Date of Hearing Notice Property/Courthouse Posting: 2/18/20
Special Magistrate Order: No. 5719 Page: 713
Fine Amount: $250.00/day
Duration: 56 days
Total Fine Amount: $14,000
Unpaid Operational Costs: $223.45
Total to Date: $14,223.45
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 $14,223.45. Said amount
to become a lien on the property with fines continuing to accrue.
5. CASE NO: CEPM20190006863
OWNER: ULLAHS PROPERTIES LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Building and
Building Regulations, Article VI, Property Maintenance Code, Section 22-
231(12)(b), 22-231(12)(i) and 22-231(12)(c). Roof, windows and exterior siding
in disrepair.
FOLIO NO: 77411120007
PROPERTY ADDRESS: 1134/1136 Trail Terrace DR, Naples, FL 34103
Officer Athey presented the case noting the violation has not been abated.
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 2/19/20
Date of Hearing Notice Property/Courthouse Posting: 2/18/20
Special Magistrate Order: No. 5703 Page: 2487
Fine Amount: $250.00/day
Duration: 34 days
Total Fine Amount: $8,5000.00
Unpaid Operational Costs: $223.50
Total to Date: $8,723.50
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County's Motion for Imposition of Fines for a total amount due of $8, 723.50. Said amount to
become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
CASE NO. 2006-080317
OWNER: WILLIAM SCRIVENS SR. ESTATE, CLEVELAND BURGESS and JAMES
SCRIVENS
County Staff reported there is a scrivener's error (wrong folio number and address) on the
previously issued order.
II
March 6, 2020
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
2. CASE NO: CEPM20190010526
OWNER: GSR MORTGAGE LOAN TRUST
OFFICER: Latoya Thompson
VIOLATIONS: Florida Building Code, Sixth Edition (2017), Building, Chapter 4, Sections
454.2.17.1 through 454.2.17.3 and Collier County Code of Laws and
Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). A damaged screen
enclosure/protective barrier of an outdoor swimming pool with missing
screens.
FOLIO NO: 23946003850
PROPERTY ADDRESS: 6654 Huntley Lane N, Naples, FL 34104
County Staff reported there is an error in the order as Staff was unaware property changed hands
prior to the January 3, 2020 hearing, as the deed was not recorded until January 30, 2020.
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
10.1 Special Magistrate Rules and Regulations Workshop
Continued to May 1, 2020
XII. NEXT MEETING DATE —April 3, 2020 at 9:00 a.m.
12
March 6, 2020
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:12 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Prenda C. Garry , Special Magistrate
The�✓Iinutes were approved by the Special Magistrate on S� oe2„0 , as presented
✓ , or as amended
13