CESM Minutes 10/01/2021 October 1, 2021
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 1, 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
Elena Gonzalez, Code Enforcement Specialist
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
October 01, 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
V. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CESD20200011678
OWNER: HUNTINGTON LAKES RESIDENTS ASSOCIATION INC
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i). New sheds installed on the property with
no Collier County permits obtained.
FOLIO NO: 51075000974
PROPERTY 2404 Oakes Blvd, Naples, FL 34119
ADDRESS:
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20210009283-SOCO04028
OWNER: Gintare Tillman
OFFICER: Deputy Katina Henderson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article IV, Section 54-93. Noise violation. Amplified music
that is loud and jarring; ongoing issue.
FOLIO NO: 39206240004
PROPERTY 481 14th ST SE, Naples, FL 34117
ADDRESS:
2. CASE NO: CENA20210009013
OWNER: Terry Dilozir
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-185(a), 54-179 and 54-181. Overgrown
weeds in excess of 36 inches and a pile of vegetative debris on
the driveway.
FOLIO NO: 36129040009
PROPERTY 4913 18th AVE SW, Naples, FL 34116
ADDRESS:
3. CASE NO: CENA20210003211
OWNER: Helen Braughman
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 15859 Janes Scenic DR, Copeland, FL 34137
ADDRESS:
4. CASE NO: CENA20210006533
OWNER: Johnson Pharisien
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-185(a), 54-181 and 54-179. Collier
County Land Development Code 04-41, as amended, Section
2.02.03. Weeds on property over 18 inches tall and outside
storage/litter consisting of, but not limited to, buckets, plastic,
wood, vegetative debris, vehicle seats and carpet.
FOLIO NO: 50890640002
PROPERTY 2617 Holly AVE, Naples, FL 34112
ADDRESS:
5. CASE NO: CEV20210007608
OWNER: Stephen W Schessler
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Sections 130-95 and 130-96(a). Collier County
Land Development Code 04-41, as amended, Section
4.05.03(A). Multiple unlicensed/inoperable vehicles parked on
the grass/dirt. Commercial trailer with expired license plate.
Two RVs with no registration parked in rear yard.
FOLIO NO: 70971000004
PROPERTY 1216 Rosemary LN, Naples, FL 34103
ADDRESS:
6. CASE NO: CELU20210007688
OWNER: Stephen W Schessler
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, tarps, wood, plastics, metals and other household items
and materials.
FOLIO NO: 70971000004
PROPERTY 1216 Rosemary LN, Naples, FL 34103
ADDRESS:
7. CASE NO: CEV20210004460
OWNER: Niko Glinos and Maribel Glinos
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Sections 130-97(3) and 130-95. Collier County
Land Development Code 04-41, as amended, Section
4.05.03(A). Improperly stored commercial trailer.
Unlicensed/inoperable vehicle kept on the property. Vehicles
being parked in the rear yard.
FOLIO NO: 35763920007
PROPERTY 1796 44th TER SW, Naples, FL 34116
ADDRESS:
8. CASE NO: CEPM20210006406
OWNER: Alex F Chiappetta Revocable Living Trust
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(15). Pool with algae growth.
FOLIO NO: 80400012508
PROPERTY 4127 Los Altos CT, Naples, FL 34109
ADDRESS:
9. CASE NO: CEPM20210004918
OWNER: Lloyd L Bowein
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1) and 22-231(12)(i). A mixed use
building has multiple broken windows with boarding.
FOLIO NO: 71781320009
PROPERTY 3385 Bayshore DR, Naples, FL 34112
ADDRESS:
10. CASE NO: CEV20210008685
OWNER: Lee V Lambert
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unregistered and inoperable
vehicles on the property.
FOLIO NO: 46470040007
PROPERTY 660 Palm AVE, Goodland, FL 34140
ADDRESS:
11. CASE NO: CENA20210008684
OWNER: Lee V Lambert
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-181 and 54-185(a). Collier County
Land Development Code 04-41, as amended, Section 2.02.03.
High grass in excess of 18 inches. Litter and outside storage
including, but not limited to, tires, plastics, wood and
construction materials.
FOLIO NO: 46470040007
PROPERTY 660 Palm AVE, Goodland, FL 34140
ADDRESS:
12. CASE NO: CENA20210008569
OWNER: Igor Pereverzev
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds/grass over 18 inches.
Repeat violation.
FOLIO NO: 77410680001
PROPERTY 1000 Trail Terrace DR, Naples, FL 34103
ADDRESS:
13. CASE NO: CENA20210007036
OWNER: Robert P Yardley and Louise L Yardley
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds over 18 inches tall on
property.
FOLIO NO: 60780600003
PROPERTY 5340 Myrtle LN, Naples, FL 34113
ADDRESS:
14. CASE NO: CEEX20210009057-DASV21-010078 (THIS ITEM TO BE HEARD
AT 1:00 PM)
OWNER: Nicholas Garulay
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(J). Injury to person; “Lola”.
FOLIO NO:
PROPERTY 4055 1st ST SW, Naples, FL 34119
ADDRESS:
15. CASE NO: CEEX20210008257-DASV21-009728 (THIS ITEM TO BE HEARD
AT 2:00 PM)
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; “Buck”.
FOLIO NO:
PROPERTY 3380 White BLVD, Naples, FL 34117
ADDRESS:
16. CASE NO: CEEX20210008249-DASV21-009729 (THIS ITEM TO BE HEARD
AT 2:00 PM)
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 3380 White BLVD, Naples, FL 34117
ADDRESS:
17. CASE NO: CEEX20210008253-DASV21-009730 (THIS ITEM TO BE HEARD
AT 2:00 PM)
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 3380 White BLVD, Naples, FL 34117
ADDRESS:
18. CASE NO: CEEX20210008260-DASV21-009731 (THIS ITEM TO BE HEARD
AT 2:00 PM)
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 3380 White BLVD, Naples, FL 34117
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(e)(i). Shed built without a building
permit.
FOLIO NO: 36665760005
PROPERTY 4190 3rd AVE NW, Naples, FL 34119
ADDRESS:
2. CASE NO: CEPM20200004559
OWNER: Charles Thomas Estate
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1), 22-231(15) and 22-231(19). An
unmaintained private swimming pool with stagnant water and
an unmaintained swimming pool barrier.
FOLIO NO: 52250029643
PROPERTY 4048 Trinidad Way, Naples, FL 34119
ADDRESS:
3. CASE NO: CELU20200008493
OWNER: Rocco Anthony Migliazzo Trust
OFFICER: Michele McGonagle
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 1815 Dove Tree ST, Naples, FL 34117
ADDRESS:
4. CASE NO: CELU20210004083
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
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.
Outside storage/litter consisting of, but not limited to,
mattresses, closet doors, metals, screens and a box spring.
FOLIO NO: 62260040000
PROPERTY 5330 Broward ST, Naples, FL 34113
ADDRESS:
5. CASE NO: CEPM20200005431
OWNER: HANAPEPE LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-242 and 22-231(12)(n). Unsecured
accessory storage (shed) with roof damage located on the
subject property.
FOLIO NO: 35647520002
PROPERTY 4311 Golden Gate PKWY, Naples, FL 34116
ADDRESS:
6. CASE NO: CENA20210002546
OWNER: Theodore A Loyer
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-181 and 54-185(b). Collier County
Land Development Code 04-41, as amended, Section 2.02.03.
Weeds/grass exceeding 18 inches in height on estates zoned
property and having litter consisting of, but not limited to, metal
containers, metal pipes, an old air conditioning unit, plastic
containers and trash stored on the property.
FOLIO NO: 40473840006
PROPERTY 4150 10th AVE NE, Naples, FL 34120
ADDRESS:
7. CASE NO: CEPM20210002539
OWNER: Theodore A Loyer
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(i), 22-231(12)(n) and 22-242.
Unsecured vacant dwelling with broken windows and a
damaged chain link fence that runs along the left side of the
property.
FOLIO NO: 40473840006
PROPERTY 4150 10th AVE NE, Naples, FL 34120
ADDRESS:
8. CASE NO: CELU20210001732
OWNER: Saint Louis Moise
OFFICER: William Marchand
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, Section 2.02.03. Litter
and prohibited outside storage in the front and on the side yard,
including, but not limited to, buckets, trash, household items,
weights and an inoperable jet ski.
FOLIO NO: 67491080009
PROPERTY 4415 & 4413 Thomasson LN, Naples, FL 34112
ADDRESS:
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
1. CASE NO: CELU20200013266
OWNER: Recinda Hinds
OFFICER: Larry Sweet
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 2.02.03 and 1.04.01(A). Prohibited storage and use of
items and debris on site without having an approved
primary/principal structure. Items and debris including, but not
limited to, two RVs, generators, utility trailer, wood, metal,
rugs, furniture, fuel cans, cardboard, plastic sheets and buckets.
FOLIO NO: 109280006
PROPERTY 1500 Daffodil CT, Naples, FL 34120
ADDRESS:
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.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY, NOVEMBER 5, 2021 AT 9:00 A.M.
XIII. ADJOURN
October 1, 2021
2
Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 9:00 A.M. All
those testifying at the proceeding did so under oath.
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: 9:20 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 Item VI – Stipulations:
Item #9; CEPM20210004918; Llyod L Bowein
Item #5; CEV20210007608; Stephen W Schessler
Under Item VII.A– Hearings, the following cases were withdrawn:
Item #2; CENA20210009013; Terry Dilozir
Item #3; CENA20210003211; Helen Braughman
Item #6; CELU20210007688; Stephen W Schessler
Item #7; CEV20210004460; Niko and Maribel Glinos
Item #13; CENA20210007036; Robert and Louise Yardley
Item #15; CEEX20210008257-DASV21-009728; Samantha Tripp
Item #16; CEEX20210008249-DASV21-009729; Samantha Tripp
Item #17; CEEX20210008253-DASV21-009730; Samantha Tripp
Item #18; CEEX20210008260-DASV21-009731; Samantha Tripp
Under Item VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
Item #3; CELU20200008493; Rocco Anthony Migliazzo Trust
Item #7; CEPM20210002539 OWNER: Theodore A Loyer
Under Item IX.B – Motion to Rescind a Previously Issued Order, the following case was withdrawn:
Item #1; CELU20200013266; Recinda Hinds
Special Magistrate Garretson approved the Agenda as modified.
IV. APPROVAL OF MINUTES
October 1, 2021
3
The minutes of the September 3, 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
1. CASE NO: CESD20200011678
OWNER: HUNTINGTON LAKES RESIDENTS ASSOCIATION INC
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). New sheds
installed on the property with no Collier County permits obtained.
FOLIO NO: 51075000974
PROPERTY ADDRESS: 2404 Oakes Blvd, Naples, FL 34119
Gino DeConiti, President of Huntington Lakes Residents Association was present and noted he
submitted the request for an Extension of Time via email.
Officer Pulse represented the County and had no objection to the request.
Special Magistrate Garretson GRANTED the Mr. DeConti’s request and extended the
compliance date to February 4, 2022.
VI. STIPULATIONS
9. CASE NO: CEPM20210004918
OWNER: Lloyd L Bowein
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1) and 22-231(12)(i). A mixed-use building has multiple broken windows with
boarding.
FOLIO NO: 71781320009
PROPERTY ADDRESS: 3385 Bayshore DR, Naples, FL 34112
Officer Johnson requested the hearing.
The Stipulation was entered into by Lloyd L. Bowein on September 22, 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
November 1, 2021.
2. Obtain all required Collier County Building Permit(s), inspections, and Certificate of
Completion/Occupancy for repair or replacement of the broken windows by February 1,
2022 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.
October 1, 2021
4
Total Amount Due: $111.70
5. CASE NO: CEV20210007608
OWNER: Stephen W Schessler
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections
130- 95 and 130-96(a). Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Multiple unlicensed/inoperable vehicles parked on the
grass/dirt. Commercial trailer with expired license plate. Two RVs with no
registration parked in rear yard.
FOLIO NO: 70971000004
PROPERTY ADDRESS: 1216 Rosemary LN, Naples, FL 34103
Officer Cathey requested the hearing.
The Stipulation was entered into by Stephen W. Schessler on September30, 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
November 1, 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 November 1, 2021 or a fine of $50.00 will be imposed for each day the
violation continues.
3. Removing vehicle(s) parked on the grass/dirt 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 November 1, 2021 or a
$50.00 per day fine will be imposed until the violation has been abated.
4. Relocate recreational vehicle(s)/equipment to an enclosed structure, rear yard, adjacent to
a waterway (as permitted) or remove offending vehicle(s)/equipment from area zoned for
residential and/or cease using recreational vehicle for living, sleeping or housekeeping
purposes by November 1, 2021 or a fine of $50.00 per day will be imposed until the
violation has been abated.
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
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20210009283-SOCO04028
OWNER: Gintare Tillman
OFFICER: Deputy Katina Henderson
October 1, 2021
5
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section
54-93. Noise violation. Amplified music that is loud and jarring, ongoing issue.
FOLIO: 39206240004
PROPERTY ADDRESS: 481 14th ST SE, Naples, FL 34117
Gintare and John Tillman were present.
Deputy Henderson represented the County.
The Tillman’s testified:
Their neighbor, Jim Ward cause constant disturbances on his property which immediately
abuts their home.
The disturbances are directed to them intentionally and he constantly makes noise with the
metal debris he processes on site, hollers at them, discharges firearms and plays loud music
to annoy them.
They play their loud music to “drowned out” his activities
If they file a complaint with the Sherriff’s Office, Mr. Ward and other individuals begin
stalking them by parking in front of their home in vehicles observing them, etc.
The Citation was issued at 4:00 pm, not during nighttime hours after 10:00pm.
Deputy Henderson testified:
The issues have been ongoing between the neighbors and the Sherriff’s Office has
responded to 8 calls since January 21st of 2021.
The Tillman’s were issued a warning on April 6, 2021 and other neighbors call and
complain as it they reside down the street and hear the music.
There have been 3 complaints filed against Mr. Ward since November of 2020.
Special Magistrate Garretson noted the noise is a nuisance given neighbors further down the
street are complaining about the music.
Mr. Tillman noted besides playing loud music Mr. Ward discharges firearms in the area, hollers
threats to them across the property line and has other individuals make threats on his behalf. There
was even an incident on the school property involving his daughter.
John Tillman Sr. was present and noted he has been residing at the premise for the past several
months and can verify the issues raised by his son and daughter in law. Mr. Ward plays loud music
for 6 hours continuously during the day a between 2:00am and 6:00am. He manages to turn it off
just prior to law enforcement officials reporting to the scene.
Special Magistrate Garretson UPHELD issuance of the Citation and ordered the Respondent to
pay a $100.00 Fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total
amount due of $155.00 payable by January 2, 2022.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(e)(i). Shed built without a building permit.
October 1, 2021
6
FOLIO NO: 36665760005
PROPERTY ADDRESS: 4190 3rd AVE NW, Naples, FL 34119
Meghan Leiti was present.
Supervisor Perez reported the violation was abated but in the prescribed time frame amassing
fines and costs in the amount of $97,762.00.
Special Magistrate Garretson noted the violation has been abated and DENIED the County’s
Motion for Imposition of Fines and Liens.
2. CASE NO: CEPM20200004559
OWNER: Charles Thomas Estate
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(15) and 22-231(19). An unmaintained private swimming pool
with stagnant water and an unmaintained swimming pool barrier.
FOLIO NO: 52250029643
PROPERTY ADDRESS: 4048 Trinidad Way, Naples, FL 34119
Anibel Hernandez of Guardian Management represented a lending institution and reported the
property is in foreclosure.
Special Magistrate Garretson noted with the property subject to foreclosure action, the lending
institution does not have standing in the case now.
Officer Pulse reported the pool violation was abated however the screens are still an issue. It is
her understanding the screens will be replaced on Monday.
Manager Letourneau withdraw the case and noted it will be rescheduled for the next hearing
date.
4. CASE NO: CELU20210004083
OWNER: Alejandra Lynch
OFFICER: Jonathan Musse
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. Outside storage/litter consisting of, but not limited to, mattresses, closet
doors, metals, screens and a box spring.
FOLIO NO: 62260040000
PROPERTY ADDRESS: 5330 Broward ST, Naples, FL 34113
Alejandra Lynch was present and requested the fines and costs be waived.
Supervisor Mucha reported the violation has been abated however the property has been the
subject to numerous violations over the years and complaints by neighbors. He noted Operational
Costs in the amount of $111.70 and a previously assessed fine in the amount of $500.00 have not
been paid. Additionally, Operational Costs are due for the hearing today of $111.75 for a total
amount due of $723.45.
Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total
amount due of $723.45. Said amount to become a lien on the property.
8. CASE NO: CELU20210001732
OWNER: Saint Louis Moise
October 1, 2021
7
OFFICER: William Marchand
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, Section 2.02.03. Litter and prohibited outside storage in the front and
on the side yard, including, but not limited to, buckets, trash, household items,
weights and an inoperable jet ski.
FOLIO NO: 67491080009
PROPERTY ADDRESS: 4415 & 4413 Thomasson LN, Naples, FL 34112
Saint Louis Moise was present.
Supervisor Mucha presented the case noting the violation has not been abated.
Fine Amount: $100.00/day
Duration: 140 days
Total Fine Amount: $14,000.00
Unpaid Operational Costs: $223.45
Total to Date: $14, 223.45
Mr. Moise reported the violation was abated as of yesterday.
Supervisor Mucha reported the investigating officer visited the property and the violation still
exists, including jet ski improperly stored on site.
Mr. Moise admitted the jet ski were still on site.
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.
VI. PUBLIC HEARINGS (Continued)
A. HEARINGS
4. CASE NO: CENA20210006533
OWNER: Johnson Pharisien
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-185(a), 54-181 and 54-179. Collier County Land Development Code 04-41,
as amended, Section 2.02.03. Weeds on property over 18 inches tall and outside
storage/litter consisting of, but not limited to, buckets, plastic, wood, vegetative
debris, vehicle seats and carpet.
FOLIO NO: 50890640002
PROPERTY ADDRESS: 2617 Holly AVE, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 9/15/21
Date of Hearing Notice Property/Courthouse Posting: 9/15/21
The Respondent was not present.
Officer Johnson represented the County.
Evidence Entered: Composite Exhibit 1: 2 photos dated 9/27/21
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation and was ordered to:
October 1, 2021
8
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by
November 1, 2021.
2. Mow 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 by October 8, 2021 or a fine of $100.00 will be imposed for each
day the violation continues.
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 desired items in a completely
enclosed structure by October 8, 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
8. CASE NO: CEPM20210006406
OWNER: Alex F Chiappetta Revocable Living Trust
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(15). Pool with algae growth.
FOLIO NO: 80400012508
PROPERTY ADDRESS: 4127 Los Altos CT, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/10/21
The Respondent was not present.
Officer Asaro represented the County.
Evidence Entered: Exhibit 1: 1 photo dated 6/26/21
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
November 1, 2021.
2. Chemically treating the pool water, killing the algae growth, and maintaining the filtration
system to keep the pool water clean and provide bi-weekly treatments OR chemically
treating the pool water, killing the algae growth and covering the pool to prevent safety
hazards, insect infestations, and the intrusion of rainwater by October 8, 2021 or a fine of
$250.00 will be imposed for each day the violation continues.
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
October 1, 2021
9
10. CASE NO: CEV20210008685
OWNER: Lee V Lambert
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unregistered and inoperable vehicles on the property.
FOLIO NO: 46470040007
PROPERTY ADDRESS: 660 Palm AVE, Goodland, FL 34140
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/15/21
The Respondent was not present.
Supervisor Mucha represented the County.
Evidence Entered: Composite Exhibit 1: 5 photos dated 8/12/21
Composite Exhibit 2: 2 photos dated 9/3/21
Exhibit 3: 1 photo dated 9/30/21
Finding the Notice of Hearing was properly served, 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
November 1, 2021.
2. Repair and/or affix a current valid license plate to the vehicle in violation, or store the
vehicle in a completely enclosed structure, or remove the vehicle to an area intended for
such use by October 8, 2021 or a fine of $50.00 will be imposed for each day the violation
continues.
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
11. CASE NO: CENA20210008684
OWNER: Lee V Lambert
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-181 and 54-185(a). Collier County Land Development Code 04-41, as
amended, Section 2.02.03. High grass in excess of 18 inches. Litter and outside
storage including, but not limited to, tires, plastics, wood and construction
materials.
FOLIO NO: 46470040007
PROPERTY ADDRESS: 660 Palm Ave, Goodland, FL 34140
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/15/21
The Respondent was not present.
Supervisor Mucha represented the County.
October 1, 2021
10
Evidence Entered: Composite Exhibit 1: 6 photos dated 8/12/21
Composite Exhibit 2: 3 photos dated 9/3/21
Composite Exhibit 3: 4 photos dated 9/30/21
Finding the Notice of Hearing was properly served, 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
November 1, 2021.
2. Mow or cause to be mowed all weeds, grass, or other similar nonprotected overgrowth in
excess of eighteen (18) inches in height down to a height of less than six (6) inches on the
subject property and remove 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 October 8, 2021 or a fine of $100.00 will be imposed for
each day the violation continues.
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 desired items in a completely
enclosed structure by October 8, 2021 or a fine of $100 will be imposed.
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
12. CASE NO: CENA20210008569
OWNER: Igor Pereverzev
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds/grass over 18 inches. Repeat violation.
FOLIO NO: 77410680001
PROPERTY ADDRESS: 1000 Trail Terrace DR, Naples, FL 34103
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/14/21
The Respondent was not present.
Officer Cathey represented the County.
Evidence Entered: Exhibit 1: Aerial photo of the property
Composite Exhibit 2: 2 photos dated 8/23/21
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
Respondent GUILTY of the alleged violation at the time a Notice of Violation was served and
ordered him to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
November 1, 2021.
2. Pay a civil penalty in the amount of $250.00 by December 1, 2021 for the first repeat
violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Section 54-185(a).
October 1, 2021
11
Total Amount Due: $361.65
14. CASE NO: CEEX20210009057-DASV21-010078 (THIS ITEM TO BE HEARD AT 1:00 PM)
OWNER: Nicholas Garulay
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(J). Injury to person; “Lola”.
FOLIO NO:
PROPERTY ADDRESS: 4055 1st ST SW, Naples, FL 34119
Mr. Garulay testified:
On June 15, the victim (Wayne Sherman) arrived at his residence unannounced and did not
notify him he was on site servicing the saltwater swimming pool.
He let his dog out in the into yard fenced area while he completed his morning routine
before leaving for work, unaware anyone was on his property.
His dog Lola was very protective of his property and Mr. Sherman entered a fenced area 0f
the yard where the incident occurred.
Michael Perl, a friend of Mr. Garulay with experience in law enforcement testified Section 14-35
of the Collier County Code of Ordinances states “No owner or caretaker of an animal(s) shall
permit the animal, either willfully or through failure to exercise due care or control, to bite, attack
or wound a human without provocation while such person is in or on a public place.”
Mr. Garulay did not willfully allow the dog to attack Mr. Sherman, he exercised due care and
control by posting signage (Beware of the Dog) at the gate Mr. Sherman used to enter the restricted
area. Mr. Sherman violated the protocols in place for servicing the pool.
Mark Miller, attorney from Bruce L. Scheiner appeared representing the victim and questioned
Mr. Gaurlay who noted:
Mr. Sherman never banged on the slider doors and made eye contact with him to notify him
he was on site to service the swimming pool.
He was in the shower when he arrived, and Mr. Sherman had to pass numerous signs
warning individuals on the presence of a dog.
Mr. Miller questioned Mr. Sherman who noted:
He is employed for White Sands Pool Services and had serviced the pool at the property
since April.
Prior to April he serviced the swimming pool at Mr. Garulay’s previous residence.
The day of the incident, he arrived to chemically treat the pool water and slammed a door
entering the area 2 times. He heard the dog barking and saw him inside the home through
the sliding glass doors.
Following his work at the swimming pool area he exited into the fenced area to check on
the operation of the saltwater components of the system.
While outside in the fenced area he encountered Lola who attacked him and cause injuries
to his leg.
He yelled for the owner who arrived on the scene with a towel until the ambulance arrived.
October 1, 2021
12
He was aware of the warning signage and dog’s demeanor who is “not happy to see
people.”
During the case, a sketch of property was used by the parties for information purposes
County Evidence Entered: Exhibit 1: 1 photo of Mr. Sherman’s injuries dated 6/15/21
Exhibit 2: 1 photo of Mr. Sherman’s injuries dated 6/24/21
Exhibit 3: 1 photo of Mr. Sherman’s injuries dated 7/1/21
Exhibit 4: 1 photo of Mr. Sherman’s injuries dated 9/15/21
Exhibit 5: 1 photo of Lola
During Mr. Garulay’s questioning of Mr. Sherman, Mr. Sherman noted servicing the saltwater
equipment is part of his regular duties. He did not confirm whether he notified Mr. Garulay he was
on site to service the swimming pool.
Officer Perry testified on July 13, 2021, Mr. Garulay was issued a Citation under Section 14-
35(1)(J) of the County Ordinance and she was not present during the incident
Mr. Garulay requested the photographs of the signage on his property taken by the DAS Officer
be entered into evidence.
Officer Perry stated she did not want to enter the photos as evidence.
Mr. Garulay noted he was relying on the photos in the case file being made available as evidence.
Special Magistrate Garretson noted the photos are relevant and should be entered as evidence by
the County.
Additional County Evidence Entered: Composite Exhibit 1: 3 photos of the signage taken by a
DAS Officer
Mr. Perl noted Mr. Garulay did exercise due care and control of the dog.
Mr. Miller noted the dog attack was not a willful act perpetrated by the owner, however he failed
to exercise due care and control of the dog.
Special Magistrate Garretson took the case UNDER ADVISEMENT.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. CASE NO: CEPM20200005431
OWNER: HANAPEPE LLC
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-242 and 22-231(12)(n). Unsecured accessory storage (shed) with roof
damage located on the subject property.
October 1, 2021
13
FOLIO NO: 35647520002
PROPERTY ADDRESS: 4311 Golden Gate PKWY, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/9/21
The Respondents were not present.
Officer Connetta presented the case noting the violation has not been abated.
Fine Amount: $100.00/day
Duration: 169 days
Total Fine Amount: $16,900.00
Operational Costs for today’s Hearing: $111.80
Total to Date: $17,011.80
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 $17,011.80. Said amount
to become a lien on the property with fines continuing to accrue.
6. CASE NO: CENA20210002546
OWNER: Theodore A Loyer
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-181 and 54-185(b). Collier County Land Development Code 04-41, as
amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height on estates
zoned property and having litter consisting of, but not limited to, metal
containers, metal pipes, an old air conditioning unit, plastic containers and trash
stored on the property.
FOLIO NO: 40473840006
PROPERTY ADDRESS: 4150 10th AVE NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 9/16/21
Date of Hearing Notice Property/Courthouse Posting: 9/10/21
The Respondent was not present.
Officer Connetta reported the violation has been abated however not in the prescribed time frame
amassing fines and costs in the amount of $15,311.85
Special Magistrate Garretson noted the violation has been abated and 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
October 1, 2021
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
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—NOVEMBER 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 2:20 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
nda C. Garretson, pedal Magistrate
The Dinutes were approved by the Special Magistrate onAVNIQA44)___ _51dal , as presented
or as amended
14