CESM Minutes 09/03/2021 September 3, 2021
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 3, 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
September 3, 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 AM. 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: 9:16 a.m.
Reconvened: 9:40 a.m.
III. APPROVAL OF AGENDA
Ms. Gonzalez noted 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:
• #9; CENA20210000550; Michael J and Judith C Austin
• #10; CENA20210004653 An Trinh and Maria Nguyen
• #25; CEV20210007990 OWNER: Roberto Reyes
• #17; CESD20210004854 OWNER: Francius Boileau
Under Item VII.A– Hearings, the following cases were withdrawn:
• #2; CEEX20210008225-SO169425; Jenifer Hernandez
• #13; CEV20210005462; Michel Sanchez Rives
• #14; CEPM20210005212; Jacqueline B Kranz
• #15; CESD20210002965; Michael J and Sue A Oliver
• #16; CEAU20210003170; Joe K Bryan Jr and Jo Ann Bryan
• #20; CEPM20210004918; Lloyd L Bowein
• #21; CENA20210007354; Lincoln Park Consulting LLC
• #23; CEPM20210006677; WCI Communities LLC
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the August 6, 2021 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
V. MOTIONS
A. MOTION FOR CONTINUANCE
4. CASE NO: CEEX20210008257-DASV21-009728 (THIS ITEM TO BE HEARD AT NOON)
OWNER: Samantha Tripp
September 3, 2021
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OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(1). Failure to provide proof of current county license; “Buck”.
FOLIO NO:
PROPERTY ADDRESS: 3380 White BLVD, Naples, FL 34117
5. CASE NO: CEEX20210008249-DASV21-009729 (THIS ITEM TO BE HEARD AT NOON)
OWNER: Samantha Tripp
OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14(33)(1). Failure to provide proof of current County license; “Fawn”.
FOLIO NO:
PROPERTY ADDRESS: 3380 White BLVD, Naples, FL 34117
6. CASE NO: CEEX20210008253-DASV21-009730 (THIS ITEM TO BE HEARD AT NOON)
OWNER: Samantha Tripp
OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of current rabies vaccine; “Fawn”.
FOLIO NO:
PROPERTY ADDRESS: 3380 White BLVD, Naples, FL 34117
7. CASE NO: CEEX20210008260-DASV21-009731 (THIS ITEM TO BE HEARD AT NOON)
OWNER: Samantha Tripp
OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(2). Failure to provide proof of current rabies vaccine; “Buck”.
FOLIO NO:
PROPERTY ADDRESS: 3380 White BLVD, Naples, FL 34117
Cases 4,5,6 and 7 were combined.
David Tripp was present and testified the dogs in question were his.
Marcy Perry represented the County.
Mr. Tripp reported there was a death in his family, and he needed to catch a plane. Although the
case scheduled for noon, he requested the Citations be dismissed.
He began testifying to many aspects of the case including the dogs are in compliance, he never
received proper Notice of the Hearing, the Citation was never officially issued in the cases, etc.
Special Magistrate Garretson notified him the issue at hand is the request for a continuance and it
is not the proper time to argue the merits of the case and whether it should be dismissed.
Ms. Perry noted there were Citations issued and the dogs were not compliance with County
requirements when the violations occurred.
Special Magistrate Garretson noted a death in the family is just cause for a case to be continued
and CONTINUED the case to the October hearing date.
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CELU20200008493
OWNER: ROCCO ANTHONY MIGLIAZZO TRUST
OFFICER: Michele McGonagle
September 3, 2021
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Fence constructed on an easement deeded for road
access and is blocking the roadway.
FOLIO NO: 312160007
PROPERTY ADDRESS: 1815 Dove Tree ST, Naples, FL 34117
Officer McGonagle represented the County.
Mr. Migliazzo was present and reported:
• He now owns the property where the original complaint was filed by a realtor on restricted
access to the lot he was selling. The restriction was due to a fence gate installed across
the easement to the property.
• The gate restricts access to numerous parcels, all of which are involved in leases to a
private cattle company with all lessors and the lessees agreeing to the installation of the
gate.
• He is the contact for any person requesting access to the lands and his phone number is
available in the County records and from the company who controls the cattle leases.
• If the gate is removed unrestricted access will be allowed to all parties including nefarious
individuals causing damage to the areas.
• With the gate in place there still was over 100 arrests over the past months for illegal
activity on the properties.
• The fencing and gate are required for the lands to be considered agricultural use for
taxation purposes.
• In his opinion, a violation does not exist.
Manager Letourneau testified
• The case was already heard at the March 21, 2021 hearing and a violation was found to
exist.
• A Zoning Verification letter was issued by the County finding the easement may not be
blocked and the gate needs to be removed.
• The County is seeking to enforce the Order and will eventually file a Motion for Imposition
of Fines and Liens if the violation is not abated.
Discussion occurred between the parties on whether there is any resolution to the issue with Mr.
Migliazzo noting the easement in question where he placed the gate is owned by Barron Collier
Corporation and was never adopted by the County.
Special Magistrate Garretson, after deliberation, CONTINUED the case to the October hearing
date.
VI. STIPULATIONS
9. CASE NO: CENA20210000550
OWNER: Michael J Austin and Judith C Austin
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A)
and 2.02.03. Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181. Piles of litter and outside storage that include but are
not limited to pavers and bricks in the front yard.
FOLIO NO: 41824280007
PROPERTY ADDRESS: 5350 Teak Wood DR, Naples, FL 34119
September 3, 2021
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Officer Coutin requested the hearing.
The Stipulation was entered into by Judith Austin on August 31, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Remove all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site intended for such use or store items within a completely enclosed
structure by September 17, 2021 or a fine of $100.00 per day will be imposed until the
violation has been abated thereafter.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
10. CASE NO: CENA20210004653
OWNER: An Trinh and Maria Nguyen
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 prohibited outdoor storage including, but not limited to, yard
tools, buckets, wood pilings with concrete, vegetative debris, a large pile of old
mulch and assorted refuse scattered throughout the property.
FOLIO NO: 35748080001
PROPERTY ADDRESS: 1966 46th TER SW, Naples, FL 34116
Officer Holmes requested the hearing.
The Stipulation was entered into by An Trinh on September 3, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Removing all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site designated for such use or store desired items in a completely
enclosed structure by September 10, 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: $111.70
25. CASE NO: CEV20210007990
OWNER: Roberto Reyes
September 3, 2021
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OFFICER: Larry Sweet
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. Un-licensed/inoperable vehicles.
FOLIO NO: 39954720009
PROPERTY ADDRESS: 3330 33rd AVE NE, Naples, FL 34120
Officer Sweet requested the hearing.
The Stipulation was entered into by Gilberto Reyes on September 3, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
October 3, 2021.
2. Pay a civil penalty fee in the amount of $250.00 for the repeat violation.
3. Repairing and/or affixing 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 September 10, 2021 or a fine of $250.00 per day will be imposed
until the violation has been abated thereafter.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.65
17. CASE NO: CESD20210004854
OWNER: Francius Boileau
OFFICER: Luis Macedo
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted shed.
PROPERTY ADDRESS: 133 Palmetto Dunes CIR, Naples, FL 34113
Officer Coutin requested the hearing.
The Stipulation was entered into by Francius Boileau on September 3, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Obtain all required Collier County Building Permit(s) or Demolition permit, inspections, and
Certificate of Completion for the shed by December 3, 2021 or a fine of $100.00 per day will be
imposed until the violation has been abated thereafter.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
September 3, 2021
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VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20210007837-SO188583
OWNER: Norki Marisol Roxby
OFFICER: Deputy Donald Eliasek
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicapped Parking; expired placard.
FOLIO NO:
PROPERTY ADDRESS: 1651 Airport Pulling RD, Naples, FL 34112
Deputy Eliasek represented the County.
Ms. Roxby was present and testified she drove an individual who is issued a handicap parking
placard however he grabbed the wrong one when they left the house. It was issued in Tennessee
and linked to his car registration.
Deputy Eliasek noted the placard is not issued to her, was issued in Tennessee however they are
Florida residents.
Ms. Roxby noted the person in question is not a Florida resident at this point and he was in the car
with her.
Deputy Eliasek noted no one was in the car when the Citation was issued so he could not verify
the status of the occupants of the vehicle.
Special Magistrate Garretson found the respondent not guilty and dismissed the violation.
3. CASE NO: CEEX20210007338-PR061231
OWNER: Hari Hari K Khalsa
OFFICER: Park Ranger Petillo Jones
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-66. Vehicle parked in driveway outside of designated parking is prohibited.
FOLIO NO:
PROPERTY ADDRESS: North Collier Regional Park at Exhibit Hall Driveway, Naples, FL 34109
Ms. Khalsa was present.
Officer Jones represented the County.
County Evidence Entered: Composite Exhibit A: 4 photos dated 7/3/21.
Officer Jones testified Ms. Khalsa was issued a Citation for parking in an unauthorized area.
Ms. Khalsa testified:
• She parked in a shady spot under a tree on the grass along the roadway when an officer
requested her to move the vehicle as it was not an approved parking area.
• She relocated her vehicle to a spot adjacent to the building and subsequently was cited for
parking in an unauthorized area.
• There are no signs in the immediate area declaring a “No Parking Area.”
• She entered 3 photos as exhibits depicting the lack of signage in the area.
Officer Jones noted he was not the Officer on site that day however there are signs on both sides
of the drive notifying the public of “No Parking.”
Special Magistrate Garretson took the case UNDER ADVISEMENT.
11. CASE NO: CENA20210003211
OWNER: Helen Braughman
September 3, 2021
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OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03
and Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-179. Outside storage/litter consisting of, but not limited to buckets,
coolers, wood, canoes, ladders, metals, gas cans, containers, tires, plastics,
furniture, tarps, paint cans, toilet and bags.
FOLIO NO: 1134803606
PROPERTY ADDRESS: 15859 Janes Scenic DR, Copeland, FL 34147
Helen Braughman and her son Mark Markel were present.
Officer Musse represented the County and requested photographic evidence be submitted.
Ms. Braughman objected as the photos were taken with the Officer on her property without her
permission.
Officer Sweet reported representatives of the Collier County Sherriff’s Office were present and
allowed access to the site. “No Trespassing” signs were not displayed on the entrance gate to the
property.
Manager Letourneau testified the County is allowed to access the property to the point of the
front of the structure.
Special Magistrate admitted the photos.
Evidence Entered: 5 photos dated 2/25/21
Mr. Markel noted the photos do not represent the current condition of the property.
The parties discussed the case and agreed the property will be reinspected by the County.
Special Magistrate Garretson CONTINUED the case until the October 1, 2021.
12. CASE NO: CEPM20210003356
OWNER: JP MORGAN CHASE BANK NATIONAL ASSOCIATION
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1) and 22-240(1)(l). Sidewalk missing electrical cover and a light post
out.
FOLIO NO: 23941002128
PROPERTY ADDRESS: 3693 Santa Barbara BLVD, Naples, FL 34104
Following discussions by the parties, it was agreed a Stipulation was the most effective means to
resolve the case.
The Stipulation was entered into by the Respondent’s representative Steve Escobar on September
3, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Repair the light post along sidewalk by October 3, 2021 or a fine of $ 100.00 a 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
violation the County may abate the violation and may use the assistance of the Collier
September 3, 2021
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County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEROW20180002325
OWNER: Fortino Mendez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a). Expired right-of-way permit number PRROW2014082232; Right-of-
way and driveway entry in disrepair on improved estates zoned parcel.
FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White BLVD, Naples, FL 34117
Mr. Mendez was present.
Officer Holmes represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $30,611.80.
Mr. Mendez reported he the has the permits and the project is underway.
Officer Holmes reported a courtesy inspection occurred this morning and the ongoing work is not
in conformance with the permit.
Manager Letourneau requested a Continuance to allow Mr. Mendez to address the issues.
Special Magistrate Garretson CONTINUED the case until November 5, 2021 and suspended the
accrual of fines for the next 60 days.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
8. CASE NO: CEEX20210008296-DASV21-009757 (THIS ITEM TO BE HEARD AT NOON)
OWNER: Teresa Leon
OFFICER: Marcy Perry
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property including biting and attacking another dog;
“Laura”.
FOLIO NO:
PROPERTY 2760 50th Ave NE, Naples, FL 34120
Officer Perry represented the County.
Teresa and Camelo Leon were present.
Ms. Leon testified:
• She received a Citation for a June 25, 2021 incident where her dog was involved in an
altercation with the neighbor’s dog.
• There is a fence that separates the properties however the neighbor’s dog was on her
property when the attack occurred and Ms. Campello, the other dog’s owner provoked the
dog with a stick.
• They have video of the incident which verifies her claim.
Evidence Entered: Composite Exhibit A: 2 photos of her dog’s injuries
Exhibit B: Video of the incident
September 3, 2021
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Megan and Joshua Campello, owner of the dog victim testified:
• She just arrived home and let the dogs out in her fenced yard.
• She heard a commotion by the fence and proceeded over to witness the neighbors
Rottweiler pulling one of her dogs through the fence by the head.
• She grabbed a stick to beat on the fence to subdue the attack.
• The fence in question is located inside their property line so the attack occurred on their
property.
Evidence Entered: Composite Exhibit A: 5 photos of dog injuries before vet visit
Composite Exhibit B: 4 photos of dog injuries following the vet visit.
The Special Magistrate viewed the video evidence provided by the Respondent’s noting it was not
the full video of the incident. She requested the entire video be submitted for her review.
Debate occurred on whether there is chicken wire fencing in the area where the attack occurred in
addition to the square gridded wire mesh fence. The Leon’s alleged there was chicken wire in the
area where the attacked occurred so the dog could not have been pulled through the fence.
The Campello’s claimed there is not chicken wire in the area where the attack occurred, or if so, it
was placed in this location after the attack occurred. The existing chicken wire fencing is located
on the fence further down the property line, not in the area where the attack took place.
Special Magistrate Garretson took the case UNDER ADVISEMENT.
18. CASE NO: CENA20210004732
OWNER: Edward O Jessup
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-181. Collier County Land Development Code 04-41, as
amended, Sections 1.04.01(A) and 2.02.03. Litter/outside storage consisting of,
but not limited to, furniture, household items, pieces of wood and boxes on the
side of the home.
FOLIO NO: 36247400000
PROPERTY ADDRESS: 5337 19th AVE SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 8/20/21
Date of Hearing Notice Property/Courthouse Posting: 8/20/21
The Respondent was not present
Officer Coutin represented the County and testified:
Evidence Entered: Composite Exhibit A: 2 photos dated 5/21/21
Exhibit B: 1 photo dated 8/11/21
Composite Exhibit C: 2 photos dated 9/2/21
Special Magistrate Garretson, finding the Hearing Notice was properly served found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Remove all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site designated for such use or store items within a completely enclosed
structure by September 10, 2021 or a fine of $100.00 per day will be imposed until the
violation has been abated thereafter.
September 3, 2021
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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
.
19. CASE NO: CEV20210005171
OWNER: Edward O Jessup
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A).
Two vehicles parked on the grass.
FOLIO NO: 36247400000
PROPERTY ADDRESS: 5337 19th AVE SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 8/20/21
Date of Hearing Notice Property/Courthouse Posting: 8/20/21
The Respondent was not present
Officer Coutin represented the County and testified:
Evidence Entered: Composite Exhibit A: 2 photos dated 5/21/21
Exhibit B: 1 photo dated 8/11/21
Composite Exhibit C: 2 photos dated 9/2/21
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Removing vehicle(s) parked on the front yard grass area to a to a stabilized subsurface
base or plastic grid stabilization system covered by surface areas made of concrete, crushed
stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for
parking of automobiles not to exceed 40% of the front yard for parking use by September
10, 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
22. CASE NO: CENA20210007316
OWNER: Garland Campbell and Paul Saunders
OFFICER: Bradley Holmes
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/grass in excess of 18 inches throughout the
property. Litter and/or prohibited outdoor storage including, but not limited to,
lumber, indoor furniture and a plastic container.
FOLIO NO: 35741240000
PROPERTY ADDRESS: 4572 22nd PL SW, Naples, FL 34116
September 3, 2021
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Date of Hearing Notice by Certified Mail: 8/20/21
Date of Hearing Notice Property/Courthouse Posting: 8/20/21
The Respondents were not present.
Officer Holmes represented the County and testified:
Evidence Entered: Exhibit A: Special Magistrate Order from 4/2/21 photos dated 2/25/21
Composite Exhibit B: 4 photos dated 7/8/21
Composite Exhibit C: 5 photos dated 7/28/21
Composite Exhibit D: 4 photos dated 9/2/21
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Pay a Civil Penalty of $250.00 for a repeat violation.
3 Remove all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site designated for such use or store items within a completely enclosed
structure by September 10, 2021 or a fine of $100.00 per day will be imposed until the
violation has been abated thereafter.
4. Mowing or cause to be mowed all weeds, grass, or other similar non-protected overgrowth
in excess of eighteen (18) inches in height throughout the lot and must mow to a height of
less than six (6) inches September 10, 2021 or a fine of $100.00 will be imposed for each
day the violation continues.
5. 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
24. CASE NO: CENA20210006222
OWNER: Dominick Lento and Alycia Lento
OFFICER: Larry Sweet
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179, 54-181 and 54-185(b). Litter and weeds/grass in excess of 18 inches and
within 30 feet of dwelling on improved estates zoned property. Litter on site
including, but not limited to, trash, children’s toys, bicycles, clothing and shoes.
FOLIO NO: 40184600001
PROPERTY ADDRESS: 3775 29th AVE NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 8/20/21
Date of Hearing Notice Property/Courthouse Posting: 8/20/21
The Respondents were not present.
Officer Sweet represented the County and testified:
Evidence Entered: Composite Exhibit A: 5 photos dated 6/14/21
Exhibit B: 1 photo aerial photo of the property
Exhibit C: Zoning map
Composite Exhibit D: 3 photos dated 9/2/21
September 3, 2021
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Special Magistrate Garretson, finding the Hearing Notice was properly served found the
Respondent GUILTY of the alleged violation and ordered them to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
October 3, 2021.
2. Remove all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site designated for such use or store items within a completely enclosed
structure by September 10, 2021 or a fine of $100.00 per day will be imposed until the
violation has been abated thereafter.
3. Mowing or cause to be mowed all weeds, grass, or other similar non-protected overgrowth
in excess of eighteen (18) inches in height down to a height of less than six (6) inches
within 30ft. of the residential structure up to any lot line by September 10, 2021 or a fine of
$100.00 will be imposed for each day the violation continues.
4. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
1. CASE NO: CEV20200012920
OWNER: Dieuseul Vilsaint and Lucienne Vilsaint
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable/unregistered vehicle stored on the property.
FOLIO NO: 62100520004
PROPERTY ADDRESS: 5450 Carlton ST, Naples, FL 34113
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 8/16/21
Date of Hearing Notice Property/Courthouse Posting: 8/16/21
Supervisor Mucha reported the violation was abated however Operational Costs in the amount
of $273.50 have not been paid.
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 $273.50. Said amount to
become a lien on the property.
2. CASE NO: CENA20200006558
OWNER: Garland Campbell and Paul Saunders
OFFICER: Bradley Holmes
September 3, 2021
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-185(a). Collier County Land Development Code 04-41, as
amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height
throughout the property; litter and/or prohibited outdoor storage including, but
not limited to, lumber, indoor furniture, and a plastic container.
FOLIO NO: 35741240000
PROPERTY ADDRESS: 4572 22nd PL SW, Naples, FL 34116
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 8/16/21
Date of Hearing Notice Property/Courthouse Posting: 8/16/21
Officer Holmes presented the case noting the violation was abated by the County.
Fine Amount: Part C: $100.00/day; Part D: $100.00/day
Duration: Part C: 90 days; Part D: 90 days;
Total Fine Amount: Part C; $9,000.00/day; Part D: $9,000.00
Unpaid Abatement Costs: $4,690.00
Unpaid Operational Costs: $223.45
Total to Date: $22,913.45
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 $22,913.45. Said amount
to become a lien.
4. CASE NO: CESD20200005848
OWNER: Yaima Mejias
OFFICER: William Shanahan
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). A shed was built on the property without a building permit.
FOLIO NO: 35996120001
PROPERTY ADDRESS: 2570 45th ST SW, Naples, FL 34116
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 8/16/21
Date of Hearing Notice Property/Courthouse Posting: 8/10/21
Officer Holmes presented the case noting the violation was abated however not in the time
frame presscribed amassing fines and costs in the amount of $13,811.85
Special Magistrate DENIED the County’s Motion for Imposition of Fines and Liens.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
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.
September 3, 2021
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.
XI. REPORTS
None
XII. NEXT MEETING DATE—October 1,2021 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 2:02 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
enda C. Garr on, Special Magistrate
T inutes were approved by the Special Magistrate on ('�claloej- l 902-1 , as presented
heVor as amended .
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