CESM Minutes 02/05/2021 February 5, 2021
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 5, 2021
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Jeff Letourneau, Manager of Inspectors
Elena Gonzalez, Code Enforcement Specialist
Helen Buchillon, Code Enforcement Specialist
Co Yer County
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
February 05, 2021
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
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
• CASE NO: CEEX20200002983-SO188329
OWNER: Mary Jo Burns
OFFICER: Deputy Donald Eliasek
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 1I, Section 130-67. Handicapped Parking. Temporary
tag — no expiration visible.
FOLIO NO:
PROPERTY 13700 Tamiami Trail E, Naples, FL 34114
ADDRESS:
2. CASE NO: CEEX20200005705-SO185120
OWNER: Connie Walker
OFFICER: Deputy Lazaro Ferro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 11, Section 130-66(2)L-M. Parking -draining swale.
FOLIO NO:
PROPERTY 85 W Pelican ST, Naples, FL 34113
ADDRESS:
3• CASE NO: CEEX20200002423-SOI88234
OWNER: Henry A Scimeca
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 11, Section 130-67. Handicapped Parking.
FOLIO NO:
PROPERTY 7329 Radio RD, Naples, FL 34104
ADDRESS:
4. CASE NO: CEEX20200002585-SO140356
OWNER: Mel J Simmons -Rosen
5.
7.
OFFICER: Deputy: Corporal Evey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-67. Handicapped Parking.
FOLIO NO:
PROPERTY 3702 Estey Ave, Naples, FL 34104
ADDRESS:
CASE NO: CEV20200011136
OWNER: Magdala P Labranche, Jove Labranche and Junior S Pierre
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Sections 130-95 and 130-97(2). Multiple unlicensed
and/or inoperable vehicles on the property including, but not
limited to, cars and a school bus parked in driveway.
FOLIO NO: 00440400008
PROPERTY 316 Benson ST, Naples, FL 34113
ADDRESS:
CASE NO: CEV20200011791
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-97(5). Commercial container and trailer
being stored on a residentially zoned property.
FOLIO NO: 62260040000
PROPERTY 5330 Broward ST, Naples, FL 34113
ADDRESS:
CASE NO: CEPM20200006599
OWNER: B Brooke McCauley Trust
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(b). Exterior ceiling at front
entrance in disrepair and appears to have water damage
FOLIO NO: 54052600006
PROPERTY 4250 Lakewood BLVD, Naples, FL 34112
ADDRESS:
CASE NO: CEPM20200007990
OWNER: Osmani Crespo
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-236. Dangerous building as determined
by the Building Official due to fire damage.
FOLIO NO: 36812800006
PROPERTY 191 29' ST SW, Naples, FL 34117
ADDRESS:
9. CASE NO: CEV20200010918
OWNER: Jackson Joseph and Anne Marie Joseph
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Vehicles parked on the grass.
FOLIO NO: 62203120000
PROPERTY 5555 Sholtz ST, Naples, FL 34113
ADDRESS:
10. CASE NO: CEPM20190009401
OWNER: SUNSHINE GASOLINE DISTRIBUTORS
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-240(1)(b), 22-240(1)(i), 22-
240(1)(n)(1), 22-240(2)(1) and 22-240(2)(i). Vacant gas station
store with roof damage, damaged light fixtures on the exterior
and a damaged canopy for the gas pumps.
FOLIO NO: 765360001 and 766400009
PROPERTY 17100 Tamiami Trail E, Naples, FL 34114
ADDRESS:
11. CASE NO: CEEX20200005682-DAS-V20-006780 (ITEM TO BE HEARD AT
12:00 pm)
OWNER: Maria Mendez
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(B). Dog ("Athena") running at
large; third offense.
FOLIO NO:
PROPERTY 2897 47' St SW, Naples, FL 34116
ADDRESS:
12. CASE NO:
CEEX20200005686-DAS V20-006781 (ITEM TO BE HEARD AT
12:00 pm)
OWNER:
Jose Maldonado
OFFICER:
Marcy Perry
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapterl4,
Article II, Section 14-35(1)(B). Dog ("Zeus") running at large;
third offense.
FOLIO NO:
PROPERTY
2897 47' St SW, Naples, FL 34116
ADDRESS:
13. CASE NO: CEEX20200012936-DAS V20-007842 (ITEM TO BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-33(1). Failure to obtain Collier County
License. Animal name: "Bronco'.
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
14. CASE NO: CEEX20200012938-DAS V20-007843 (ITEM To BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-33(1). Failure to obtain Collier County
License. Animal Name: "Kendall".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
15. CASE NO: CEEX20200012941-DAS V20-007844 (ITEM To BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-33(1). Failure to obtain Collier County
License. Animal name: "Crazy Lady".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
16. CASE NO: CEEX20200012942-DAS V20-007845 (ITEM To BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article 11, Section 14-33(1). Failure to obtain Collier County
License. Animal name: "Rocko".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
17. CASE NO: CEEX20200012943-DAS V20-007846 (ITEM To BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-33(2). Failure to provide proof of rabies
vaccination. Animal name: "Bronco'.
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
18. CASE NO: CEEX20200012944-DAS V20-007847 (ITEM TO BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article 11, Section 14-33(2). Failure to provide proof of rabies
vaccination. Animal name: "Kendall".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
19. CASE NO: CEEX20200012945-DAS V20-007848 (ITEM TO BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article 11, Section 14-33(2). Failure to provide proof of rabies
vaccination. Animal name: "Crazy Lady".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
20. CASE NO: CEEX20200012946-DAS V20-007849 (ITEM TO BE HEARD AT
12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article 11, Section 14-33(2). Failure to provide proof of rabies
vaccination. Animal name: "Rocko".
FOLIO NO:
PROPERTY 833 Church ST, Copeland, FL 34137
ADDRESS:
B. EMERGENCY CASES
VIII.NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
CASE NO:
CENA20190010709
OWNER:
Phyliss Westmoreland
OFFICER:
Maria Rodriguez
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-185(a) and 54-179. Collier County
Land Development Code 04-41, as amended, Section 2.02.03.
Weeds exceeding 18 inches in height and litter/outside storage
consisting of paper, cans, dilapidated travel trailer and tires on
improved property.
FOLIO NO:
00130160001
4.
5.
PROPERTY 409 Taylor ST, Immokalee, FL 34142
ADDRESS:
CASE NO:
CEV20200006450
OWNER:
Eduardo Rodriguez
OFFICER:
Virginie Giguere
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-97(3) and Collier County Land
Development Code 04-41, as amended, Section 4.05.03(A).
Storage of commercial vehicles and equipment that is not
concealed from view. Parking of vehicles on the grass.
FOLIO NO:
22670640001
PROPERTY
4718 Alladin LN, Naples, FL 34112
ADDRESS:
CASE NO:
CEV20200007340
OWNER:
Robert P Yardley and Louise L Yardley
OFFICER:
Virginie Giguere
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-95. Inoperable recreational vehicle with
no license tag and a vehicle with an expired license tag on
residential property.
FOLIO NO:
60780600003
PROPERTY
5340 Myrtle LN, Naples, FL 34113
ADDRESS:
CASE NO: CEV20200007034
OWNER: Osvaldo Rodriguez Hernandez
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95 and Collier County Land
Development Code 04-41, as amended, Section 4.05.03(A).
Multiple vehicles parked on the grass, some of which are
inoperable and/or unlicensed.
FOLIO NO: 22620440002
PROPERTY 4520 Normandy DR, Naples, FL 34112
ADDRESS:
CASE NO: CENA20200009988
OWNER: Audrey I Applegate EST
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and 54-185(a). Litter consisting of,
but not limited to, vegetative debris piled on the driveway.
Weeds/grass on the property in excess of 18 inches in height.
FOLIO NO: 23970880007
PROPERTY 1340 Monarch Circle, Naples, FL 34116
ADDRESS:
6• CASE NO: CEV20200005707
OWNER: Jeffery M Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95 and Collier County Land
Development Code 04-41, as amended, Section 4.05.03(A).
Unlicensed/inoperable vehicles on the property and vehicles
parked on the grass.
FOLIO NO: 68341720007
PROPERTY 46 Moon Bay ST, Naples, FL 34114
ADDRESS:
7• CASE NO: CENA20200005709
OWNER: Jeffery M Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds/grass exceeding 18
inches in height throughout the property.
FOLIO NO: 68341720007
PROPERTY 46 Moon Bay ST, Naples, FL 34114
ADDRESS:
8• CASE NO: CEPM20190002611
OWNER: Bertha S Hall ET AL
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant
dwelling with roof damage and a damaged accessory structure
(shed).
FOLIO NO: 56403440004
PROPERTY 209 Eustis Ave E, Immokalee, FL 34142
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.
IF
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY MARCH 5, 2021 AT 9:00 A.M.
XIII.ADJOURN
February 5, 2021
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Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 9:00 A.M. All
those testifying at the proceeding did so under oath.
II. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
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 compl iance without being
punitive.
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 withdrawn:
• #1 - CASE NO: CEEX20200002983-SO188329 - Mary Jo Burns
• #4 - CASE NO: CEEX20200002585-SO140356 - Mel J Simmons-Rosen
• #5 - CASE NO: CEV20200011136 - Magdala P. Labranche, Jove Labranche and Junior S. Pierre
• #7 - CASE NO: CEPM20200006599 – B. Brooke McCauley Trust
• #8 - CASE NO: CEPM20200007990 - Osmani Crespo
• #9 - CASE NO: CEV20200010918 - Jackson Joseph and Anne Marie Joseph
• #10 - CASE NO: CEPM20190009401 - SUNSHINE GASOLINE DISTRIBUTORS
• #11 - CASE NO: CEEX20200005682-DAS V20-006780 - Jose Maldonado
• #12 - CASE NO: CEEX20200005686-DAS V20-006781 - Jose Maldonado
Under Item VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
• #1 - CASE NO: CENA20190010709 - Phyliss Westmoreland
• #8 - CASE NO: CEPM20190002611 - Bertha S Hall ET AL
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the January 15, 2021 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
VI. STIPULATIONS
February 5, 2021
3
None
VII. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: CEEX20200005705-SO185120
OWNER: Connie Walker
OFFICER: Deputy Lazaro Ferro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-66(2)L-M. Parking-draining swale.
FOLIO NO:
PROPERTY ADDRESS: 85 W Pelican ST, Naples, FL 34113
Ms. Walker was present noting the incident involved her son parking to go fishing.
Deputy Ferro was present and reported the issue has been resolved and requested the Citation
be dismissed.
Special Magistrate Garretson DISMISSED the Citation.
3. CASE NO: CEEX20200002423-SO188234
OWNER: Henry A. Scimeca
OFFICER: Deputy J. Mironov
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicapped Parking.
FOLIO NO:
PROPERTY ADDRESS: Radio RD, Naples, FL 34104
No one was present to represent the Collier County Sheriff’s Office.
Mr. Scimeca was present and requested the Citation be dismissed.
Special Magistrate DISMISSED the Citation.
6. CASE NO: CEV20200011791
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-97(5). Commercial container and trailer being stored on a
residentially zoned property.
FOLIO NO: 62260040000
PROPERTY ADDRESS: 5330 Broward ST, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/19/21 Supervisor Mucha presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit 1: 2 photos dated 11/23/20
Exhibit 2: 1 photo dated 2/4/21
The violation remains as of 2/5/21
February 5, 2021
4
Supervisor Mucha testified:
• Code officials notified Ms. Lynch the container and trailer being stored on site were not
permitted.
• Ms. Lynch told the investigating officer they were for storage of materials during
renovations of her home.
• The Officer informed her if a building permit is issued for work, the on site container/trailer
would be allowed.
• Upon inspection of the records, no permits have been issued for work on the property as of
2/5/21.
Finding the Notice 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 $111.65 incurred in the prosecution of this case by
March 5, 2021.
2. Abate all violations by storing commercial vehicle(s)/equipment in a completely enclosed
structure, in the rear yard vegetative screened and concealed from views or remove the
offending vehicle(s)/equipment from residentially zoned property or obtain a valid Collier
County Building Permit where the commercial vehicle(s)/equipment can be utilized for
storage of debris and materials for the repairs to the dwelling by March 5, 2021 or a fine of
$100.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.65
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEV20200006450
OWNER: Eduardo Rodriguez
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-97(3) and Collier County Land Development Code 04-41, as
amended, Section 4.05.03(A). Storage of commercial vehicles and equipment
that is not concealed from view. Parking of vehicles on the grass.
FOLIO NO: 22670640001
PROPERTY ADDRESS: 4718 Alladin LN, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/20/21
Order No.: 5864 Page: 1206
February 5, 2021
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Supervisor Mucha presented the case reporting the violation has been abated however not in the
prescribed time frame amassing Fines of $3,000.00 and Operational Costs for today’s hearing of
$111.85 for a total due of $3,111.85.
Mr. Rodriguez was not present but submitted an email requesting the fines be waived.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson noted the
violation was abated and DENIED the County’s Motion for Imposition of Fines.
3. CASE NO: CEV20200007340
OWNER: Robert P. Yardley and Louise L. Yardley
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Inoperable recreational vehicle with no license tag and a
vehicle with an expired license tag on residential property.
FOLIO NO: 60780600003
PROPERTY ADDRESS: 5340 Myrtle LN, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/20/21
Supervisor Mucha presented the case noting the violation has not been abated.
The Respondent was not present.
Order No.: 5864 Page: 1218
Fine Amount: $50.00/day
Duration: 77 days
Total Fine Amount: $3,850.00
Unpaid Operational Costs: $223.45
Total to Date: $4,073.45
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson
GRANTED the County’s Motion for Imposition of Fines for a total amount due of $4,073.45.
Said amount to become a lien on the property with fines continuing to accrue.
4. CASE NO: CEV20200007034
OWNER: Osvaldo Rodriguez Hernandez
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95 and Collier County Land Development Code 04-41, as
amended, Section 4.05.03(A). Multiple vehicles parked on the grass, some of
which are inoperable and/or unlicensed.
FOLIO NO: 22620440002
PROPERTY ADDRESS: 4520 Normandy DR, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/20/21
Order No.: 5864 Page: 1239
February 5, 2021
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Supervisor Mucha presented the case reporting the violation has been abated however not in the
prescribed time frame amassing Fines of $4,500.00 and Operational Costs for today’s hearing of
$111.90 for a total due of $4,611.90.
Finding the Notice of Hearing was properly served, Special Magistrate Garretson noted the
violation was abated and DENIED the County’s Motion for Imposition of Fines.
5. CASE NO: CENA20200009988
OWNER: Audrey I. Applegate EST
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181 and 54-185(a). Litter consisting of, but not limited to, vegetative
debris piled on the driveway. Weeds/grass on the property in excess of 18
inches in height.
FOLIO NO: 23970880007
PROPERTY ADDRESS: 1340 Monarch Circle, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/22/21
Order No.: 5864 Page: 1222
Supervisor Perez presented the case noting the violation has been abated however not in the
prescribed time frame amassing Fines of $3,800.00 and Operational Costs in the amount of
$223.50 which have not been paid.
The Respondent was not present.
Manager Letourneau requested the fines be waived and the Operational Costs be imposed.
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson
GRANTED the County’s Motion for Imposition of Fines for a total amount due of $223.50.
Said amount to become a lien on the property.
6. CASE NO: CEV20200005707
OWNER: Jeffery M. Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95 and Collier County Land Development Code 04-41, as
amended, Section 4.05.03(A). Unlicensed/inoperable vehicles on the property
and vehicles parked on the grass.
FOLIO NO: 68341720007
PROPERTY ADDRESS: 46 Moon Bay ST, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/20/21
Supervisor Mucha presented the case noting the violation has not been abated.
The Respondent was not present.
Order No.: 5864 Page: 1230
Fine Amount: Part C1: $50.00/day; Part C2: $50.00/day
Duration: Part C1: 124 days; Part C2: 124 days
Total Fine Amount: $12,400.00
February 5, 2021
7
Unpaid Operational Costs: $223.60
Total to Date: $12,623.60
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson
GRANTED the County’s Motion for Imposition of Fines for a total amount due of $12,623.60.
Said amount to become a lien on the property with fines continuing to accrue.
7. CASE NO: CENA20200005709
OWNER: Jeffery M Stone and Kelsey Edwards
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds/grass exceeding 18 inches in height throughout the
property.
FOLIO NO: 68341720007
PROPERTY ADDRESS: 46 Moon Bay ST, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 1/20/21
Date of Hearing Notice Property/Courthouse Posting: 1/20/21
Supervisor Mucha presented the case noting the violation has been abated however not in the
prescribed time frame amassing Fines of $500.00 and Operational Costs in the amount of
$223.65 which have not been paid.
The Respondent was not present.
Manager Letourneau requested the fines be waived and the Operational Costs be imposed.
Finding the Notice of Hearing was properly served, the Special Magistrate Garretson
GRANTED the County’s Motion for Imposition of Fines for a total amount due of $223.65.
Said amount to become a lien on the property.
Recessed: 10:02 a.m.
Reconvened: 12:01 p.m.
VII. PUBLIC HEARINGS
A. HEARINGS
Cases 13 – 20 were combined
13. CASE NO: CEEX20200012936-DAS V20-007842 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to obtain Collier County License. Animal name: “Bronco”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 1/20/21
The Respondent was not present.
Officer Perry testified:
• The Citations were issued on 12/20/20 and are 3rd offenses.
• Ms. Burgess has not provided proof the dogs have been vaccinated for rabies or licensed.
February 5, 2021
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• All fines and surcharges from previous violations have not been paid.
• The Citations for today’s cases require a Special Magistrate hearing given they are 3rd
offenses.
• The fines which may be imposed range from $350.00 to $500.00 at the discretion of the
Special Magistrate.
Special Magistrate Garretson, after acknowledging the notice was properly served and hearing
the testimony UPHELD issuance of the Citations and required Ms. Burgess to pay the
following for each case: $50.00 in Operational Costs; $5.00 Administrative Fee and a Fine in
the amount of $500.00 for a total amount due of $4,440.00. Said costs payable by March 5,
2021.
14. CASE NO: CEEX20200012938-DAS V20-007843 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to obtain Collier County License. Animal Name: “Kendall”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
15. CASE NO: CEEX20200012941-DAS V20-007844 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to obtain Collier County License. Animal name: “Crazy
Lady”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
16. CASE NO: CEEX20200012942-DAS V20-007845 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to obtain Collier County License. Animal name: “Rocko”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
17. CASE NO: CEEX20200012943-DAS V20-007846 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of rabies vaccination. Animal name:
“Bronco”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
18. CASE NO: CEEX20200012944-DAS V20-007847 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
February 5, 2021
9
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of rabies vaccination. Animal name:
“Kendall”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
19. CASE NO: CEEX20200012945-DAS V20-007848 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of rabies vaccination. Animal name: “Crazy
Lady”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
20. CASE NO: CEEX20200012946-DAS V20-007849 (ITEM TO BE HEARD AT 12:00 pm)
OWNER: Joanne Burgess
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of rabies vaccination. Animal name:
“Rocko”.
FOLIO NO:
PROPERTY ADDRESS: 833 Church ST, Copeland, FL 34137
OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
IX. 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.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County’s Request.
February 5, 2021
X. REPORTS
None
XI. NEXT MEETING DATE —March 5, 2021 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 12:08 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Br da C. Garretson, Special Magistrate
Theinutes were approved by the Special Magistrate on Vara\ S 20A1 , as presented
✓ , or as amended
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