CESM Minutes 08/06/2021 August 6, 2021
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 6, 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:
Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Administrative Secretary, Code Enforcement
Elena Gonzalez, Code Enforcement Specialist
August 6, 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 compliance without being
punitive.
Recessed: 9:12 a.m.
Reconvened: 9:25 a.m.
III. APPROVAL OF AGENDA
Ms. Gonzalez noted that the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
4. CASE NO: CEPM20190005225 - OWNER: Jeffrey T Bishop
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20210004060-PR062966 OWNER: Dominic Cotugno
3. CASE NO: CEV20210002374 OWNER: EJ PROPERTIES LLC
7. CASE NO: CESD20210003641 OWNER: Reynolds L Cavins and Edie Cavins
9. CASE NO: CELU20210004297 OWNER: I E C RENTALS INC
10. CASE NO: CENA20210003211 OWNER: Helen Braughman
11. CASE NO: CENA20210004929 OWNER: MARKET SUPPLY INTERNATIONAL INC
12. CASE NO: CEROW20210004934 OWNER: MARKET SUPPLY INTERNATIONAL INC
13. CASE NO: CENA20210004296 OWNER: CLC OF NAPLES LLC
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the July 2, 2021 hearing were reviewed by Special Magistrate Garretson and approved
as submitted.
V. MOTIONS
A. MOTION FOR CONTINUATION
None
VI. STIPULATIONS
4. CASE NO: CEPM20190005225
OWNER: Jeffrey T Bishop
August 6, 2021
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OFFICER: Cristina Perez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(c). A damaged roof on the property, residential structure.
FOLIO NO: 37168280007
PROPERTY ADDRESS: 725 1st ST SW, Naples, FL 34117
Supervisor Perez requested the hearing.
The Stipulation was entered into by Jeffery T. Bishop on August 6, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by
September 6, 2021.
2. Obtain all required Collier County Building Permit(s), inspections, and Certificate of
Completion/Occupancy to replace the damaged roof on the primary structure by December 6,
2021 or a fine of $250.00 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: $111.75
VII. PUBLIC HEARINGS
A. HEARINGS
2. CASE NO: CEEX20210006399-PR063095
OWNER: Bruce R Sunde
OFFICER: Park Ranger Joseph Esquivel
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-55. Failure to display Collier County parking receipt.
FOLIO NO:
PROPERTY ADDRESS: Barefoot Beach Access, Bonita Springs, FL 34134
Officer Sunde represented the County.
The Respondent was not present.
County Evidence Entered: Composite Exhibit A: 3 photos
Composite Exhibit B: 4 photos
Officer Sunde testified that on the day of the incident he was on patrol when he observed the
vehicle parked without displaying the proper parking receipt.
Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD
the issuance of the Citation and ordered the Respondent to pay a fine in the amount of $30.00,
Operational Costs in the amount of $50.00 and an Administrative Fee of $5.00 for a total
amount due of $85.00 payable by September 6, 2021.
5. CASE NO: CEAU20190003708
OWNER: Lamenais Joseph Jean and Erline Jean Gelin
August 6, 2021
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OFFICER: Thomas Pitura
VIOLATIONS: Florida Building Code 6th Edition (2017), Building, Chapter 1, Part 2, Section
105.1. Vinyl fencing erected without a permit.
FOLIO NO: 77390003504
PROPERTY ADDRESS: 13694 Legacy LN, Naples, FL 34114
Mr. Jean was present but needed a translator.
Special Magistrate Garretson notified Mr. Jean it is his responsibility to provide a translator and
CONTINUED the case until the next hearing date to allow Mr. Jean to return with a translator.
6. CASE NO: CEV20210005408
OWNER: Robert A Espinoza Martinez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A).
Vehicles parked in the grass/right-of-way, reoccurring.
FOLIO NO: 36516520006
PROPERTY 4100 29th PL SW, Naples, FL 34116
Mr. Martinez was present.
Officer Holmes represented the County.
Evidence Entered: Exhibit A: 1 photo dated 5/18/21
Exhibit B: 1 photo date 6/21/21
Composite Exhibit C: 4 photos date 8/4/21
Officer Holmes testified that the violation has been abated as of today, however it was a repeat
violation and requested a fine of $250.00 be imposed for the repeat offense.
Mr. Martinez testified that some of the issues arise from complaints by a disgruntled neighbor and
he has abated the violation by placing a gravel parking surface in an appropriate area.
Special Magistrate Garretson, after reviewing the evidence and hearing the testimony found
the Respondent GUILTY of a repeat violation and ordered him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
and pay a Civil Penalty of $50.00 for a total amount due of $161.70. Said amount to be
paid by September 6, 2021.
Total Amount Due: $161.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CESD20190008067
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). An accessory building was erected
on the subject property without first obtaining a valid Collier County permit,
proper inspections and a Certificate of Completion/Occupancy.
FOLIO NO: 60782760006
PROPERTY ADDRESS: 5308 Cypress LN, Naples, FL 34113
Ms. Rodriquez was present.
August 6, 2021
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Supervisor Mucha represented the County and testified that the violation has not been abated with
the case amassing fines and costs to date in the amount of $45,811.80 (Original Special Magistrate
Order 12/6/19).
Manager Letourneau noted that a permit was issued by the County for the work necessary to
abate the violation, however it expired on June 27, 2021.
Special Magistrate Garretson queried on why the Motion requests Imposition of Fines prior to
the June 27, 2021 date.
Manager Letourneau reported that extensions for the permit were granted which originally
required the work to be completed in 2019. No effort has been taken by the respondents to abate
the violation.
Ms. Rodriguez testified:
That she was unaware the permit had expired and that fines were being accumulated for not
abating the violation.
Financial issues in relation to the pandemic have hindered their ability to abate the
violation.
These issues include home schooling of children and loss of employment.
The shed needs some work before the final inspections are scheduled and she can now
address the issue if given more time.
Supervisor Mucha reported that the violation involved a shed which not a blight on the property.
Manager Letourneau requested the case be continued.
Special Magistrate Garretson CONTINUED the case to the November 6, 2021 hearing date.
IX. OLD B USINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. CASE NO: CEN20210002604
OWNER: Naples 2.0 LLC, Celebration Park LLC
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section
54-92(b)(1). Conducted a noise reading, with the use of a calibrated Sound
Level Meter, and the allowable Sound Level Limit was exceeded on improved
occupied commercial property.
FOLIO NO: 29830040004
PROPERTY ADDRESS: 2880 Becca AVE, Naples, FL 34112
Gary Rudd, General Manager of Celebration Park was present.
Manager Letourneau reported that the Notice of Violation was issued to both Naples 2.0, LLC
and Celebration Park, LLC. On the date of the hearing, only Naples. 2.0, LLC. was brought to
hearing and he requested Celebration Park, LLC be removed from the order.
Special Magistrate Garretson GRANTED the County’s motion to Amend a Previously Issued
Order.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEPM20190013577
OWNER: W Ann White, Barbara Jean Van Horn and Joyce G Nealy
August 6, 2021
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OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(c), 22-231(12)(i), 22-242 and 22-228(1). Unsecured vacant multi-
unit structure with broken windows, roof damage, and the property is not being
properly maintained compliant with the requirements of the Code.
FOLIO NO: 24371000003
PROPERTY ADDRESS: 305 S 2nd ST, Immokalee, FL 34142
Ms. White was present noting she represents the family in the matter.
Code Enforcement Specialist Gonzalez reported that the Hearing Notice was sent by Certified
Mail on 7/15/21 and the Property and Courthouse were posted on 7/7/21.
Supervisor Perez testified that the violation has been abated but not in the prescribed time frame
amassing fines and costs in the amount of $78,111.85.
Special Magistrate Garretson noted that the violation was abated DENIED the County’s Motion
for Imposition of Fines and Liens.
5. CASE NO: CENA20180012429
OWNER: Angelo Lucarelli and Gail Lucarelli
OFFICER: Christopher Harmon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). The accumulation of exotics on unimproved property creating a
public nuisance as defined by ordinance.
FOLIO NO: 00163080006
PROPERTY ADDRESS: No Site Address, Naples, FL 34110
Dominic Lucarelli was present and represented the Respondents noting that the costs to remove
the exotics was high given the property is wetlands and machinery cannot be utilized. They plan
to utilize a kill in place treatment and permits are required from the County. They are currently
obtaining price quotes for the work. He requested additional time to abate the violation.
Officer Short reported that he would not object to a 90 continuance in the case.
Special Magistrate Garretson CONTINUED the case until the December 6, 2021 hearing date.
IV. MOTIONS
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CEV20210004694
OWNER: Barbara J Jackson
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-96(a). Two boats on trailers parked in the front yard of residentially zoned
property.
FOLIO NO: 24983280004
PROPERTY ADDRESS: 1840 Harbor PL, Naples, FL 34104
The Respondent was not present.
Officer Delia reported that the Motion was filed as the Respondent was awaiting permission from
a landowner to store the boat on his property. Subsequent to the motion being filed, the violation
was abated and the boat is no longer on the site in question. The Operational Costs have been
paid.
August 6, 2021
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Special Magistrate Garretson DENIED Ms. Jackson’s motion for an Extension of Time.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEV20210004694
OWNER: Barbara J Jackson
OFFICER: John Delia
VIOLATIONS Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-96(a). Two boats on trailers parked in the front yard.
FOLIO NO: 24983280004
PROPERTY ADDRESS: 1840 Harbor PL, Naples, FL 34104
The Respondent was not present.
Officer Delia reported that the violation was abated and the Operational Costs have been paid.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
VII. PUBLIC HEARINGS
A. HEARINGS
8. CASE NO: CELU20210004116
OWNER: Maylen Villar
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03
and 1.04.01(A). Storing a recreational vehicle and ambulance on this
unimproved lot.
FOLIO NO: 01131960005
PROPERTY ADDRESS: 210 Turnstile DR, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 7/16/21
Date of Hearing Notice Property/Courthouse Posting: 7/19/21
Supervisor Mucha presented the case.
The Respondent was not present.
Evidence entered: Exhibit A: 1 aerial photo of the property
Exhibit B: 1 photo dated 4/27/21
Exhibit C: 1 photo dated 5/24/21
Exhibit D: 1 photo dated 8/5/21
Supervisor Mucha testified that the violation originated as part of a Collier County Sheriff
Office complaint and the ambulance was removed, but the recreational vehicle remains on site as
of today.
Special Magistrate Garretson found the Notice of Hearing was properly served, 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 September 6, 2021.
2. Removing the recreational vehicle from the unimproved lot by August 13, 2021 or a fine of
$50.00 per day will be imposed for each day the violation remains.
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
August 6, 2021
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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
14. CASE NO: CEV20210005345
OWNER: Richard J Liedke
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Two vehicles parked on a residential property without current license
plates.
FOLIO NO: 54300200006
PROPERTY ADDRESS: 4676 Lakewood BLVD, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 7/20/21
Date of Hearing Notice Property/Courthouse Posting: 7/22/21
Officer Marchand presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit A: 4 photos dated 5/25/21
Composite Exhibit B: 4 photo dated 8/5/12
The violation remains as of August 6, 2021.
Special Magistrate found the Notice of Hearing was properly served and found Respondent
GUILTY of the alleged violation and ordered him to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
by September 6, 2021.
2. Repair and/or affix a current valid license plate to each vehicle in violation, or store these
vehicles in a completely enclosed structure, or remove these vehicles to an area intended
for such use by August 13, 2021 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
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CENA20210001485
August 6, 2021
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OWNER: Richard J Liedke
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179. Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter/outside storage consisting of, but not limited to, plastic bins,
tools, cardboard boxes, plastic pieces, scrub pads, trash cans, step ladder,
extension wires, plastic crate, a black tarp and miscellaneous items.
FOLIO NO: 54300200006
PROPERTY ADDRESS: 4676 Lakewood Blvd., Naples, FL 34112
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 7/15/21
Date of Hearing Notice Property/Courthouse Posting: 7/13/21
Officer Marchand presented the case testifying the violation has not been abated.
Date of Order: 6/4/21
Fine Amount: $100.00/day
Duration: 56 days
Total Fine Amount: $5,600.00
Unpaid Operational Costs: $223.45
Total to Date: $5,823.45
Special Magistrate Garretson, finding the Notice of Hearing was properly served, GRANTED
the County’s Motion for Imposition of Fines for a total amount due of $5,823.45. Said
amount to become a lien on the property with fines continuing to accrue.
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
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
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.
XI. REPORTS
None
XII. NEXT MEETING DATE – SEPTEMBER 3, 2021 at 9:00 a.m.
August 6, 2021
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:25 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
da C. Garretson, pecial Magistrate
The Minutes wve approved by the Special Magistrate on Se p f ti-Ab e r" 3) o2O. I as
presented V , or as amended
Io