CESM Minutes 11/05/2021 November 5, 2021
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 5, 2021
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Brenda C. Garretson
ALSO PRESENT: Michael Ossorio, Code Enforcement Di rector
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Administrative Secretary
Elena Gonzalez, Code Enforcement Specialist
Co ler County
Growth Management Department
Code Enforcement Division
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
November 05, 2021
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER -SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
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A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
• CASE NO: CEROW20180015652
OWNER: Alexander Guardia Tamayo and Zoika Palma Velazquez
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Division 1, Section 110-31(a). Pavers are installed on
main driveway and on side for a second drive using the right of
way to access property on north side. Building expired permit
for paver driveway with larger culvert needs to obtain a
Certificate of Completion.
FOLIO NO: 36245280002
PROPERTY 1885 515Y TERR SW, Naples, FL 34116
ADDRESS:
2. CASE NO: CEROW20180000099
OWNER: Armand Procacci and Susan Elizabeth Procacci
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Division 1, Section 110-30. Damaged driveway and
drainage pipe.
FOLIO NO: 38287440002
PROPERTY 4820 Mahogany Ridge DR, Naples, FL 34119
ADDRESS:
3. CASE NO: CEPM20210000243
OWNER: Sarah Kathryn B Rowe
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-236. Vacant
structure with roof and truss support system is dangerous and
falling into the structure.
FOLIO NO: 127880006
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5.
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PROPERTY 331 N 151h ST, Unit #A, Immokalee, FL 34142
ADDRESS:
CASE NO:
CENA20210009558
OWNER:
Amiel Spano
OFFICER:
Ryan Cathey
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds/grass over 18 inches in
height on this lot.
FOLIO NO:
26735800009
PROPERTY
2392 Clipper WAY, Naples, FL 34104
ADDRESS:
CASE NO: CEV20210008786
OWNER: ESCOBAR AVENUE LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-95. Vehicles with expired license
plates.
FOLIO NO: 63457100008
PROPERTY 4769 E Alhambra CIR, Naples, FL 34103
ADDRESS:
CASE NO: CEV20210004460
OWNER: Niko Glinos and Maribel Glinos
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, 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 and vehicles being
parked in the rear yard.
FOLIO NO: 35763920007
PROPERTY 1796 44th TER SW, Naples, FL 34116
ADDRESS:
CASE NO:
CEV20210005786
OWNER:
CLC OF NAPLES LLC
OFFICER:
William Marchand
VIOLATIONS:
Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-95. An unlicensed/inoperable vehicle in
driveway.
FOLIO NO:
74413320002
PROPERTY
3408 Okeechobee ST, Naples, FL 34112
ADDRESS:
CASE NO: CELU20210005787
OWNER: CLC OF NAPLES LLC
OFFICER: Joseph Mucha
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12.
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/or outside storage consisting of, but not limited to, AC
units, buckets, wood and bricks.
FOLIO NO: 74413320002
PROPERTY 3408 Okeechobee ST, Naples, FL 34112
ADDRESS:
CASE NO: CELU20210004297
OWNER: I E C RENTALS INC
OFFICER: William Marchand
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. Storage container(s) and/or
dumpster being stored on an unimproved property with no
active building permit on file.
FOLIO NO: 74414080008
PROPERTY No Site Address, Naples, FL 34112
ADDRESS:
CASE NO:
CESD20210003720
OWNER:
Luis Arriharan Quiroz and Miriam M Mercado De
Arriharan
OFFICER:
William Shanahan
VIOLATIONS:
Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). Carport/overhanging structure built
without a permit.
FOLIO NO:
36442440001
PROPERTY
5098 28th AVE SW, Naples, FL 34116
ADDRESS:
CASE NO:
CEAU20210004766
OWNER:
Ruth Avril and DaniellaAvril
OFFICER:
William Shanahan
VIOLATIONS:
Florida Building Code 7th Edition (2020), Building, Chapter 1,
Part 2, Section 105.1. Fence constructed without a permit on a
residential property.
FOLIO NO:
36436640008
PROPERTY
5000 31St PL SW, Naples, FL 34116
ADDRESS:
CASE NO:
CEPM20210005865
OWNER:
Clayton Misener
OFFICER:
Rickey Migal
VIOLATIONS:
Florida Building Code 7th Edition (2020) Building, Chapter 4,
Section 454.2.17. In -ground pool with no pool barrier in place
on improved estates zoned parcel.
FOLIO NO:
36865080006
PROPERTY
710 27' ST NW, Naples, FL 34120
ADDRESS:
13. CASE NO: CENA20210005790
OWNER: Robert E Cadenhead Et Ux
OFFICER: Joseph Mucha
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 outside storage consisting of, but not limited to, wood,
building materials, metal and plastic.
FOLIO NO: 74413240001
PROPERTY 3415 Cherokee ST, Naples, FL 34112
ADDRESS:
14. CASE NO: CEV20210004488
OWNER: Yenier Mirabales and Yuliesky Eikel
OFFICER: Larry Sweet
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article 111, Section 130-95. Unlicensed/inoperable vehicle.
FOLIO NO: 39601960002
PROPERTY 1420 47' AVE NE, Naples, FL 34120
ADDRESS:
15. CASE NO: CELU20210004552
OWNER: Yenier Mirabales and Yuliesky Eikel
OFFICER: Larry Sweet
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Collier County Code of Laws and Ordinances,
Chapter 54, Article VI, Sections 54-179 and 54-181. Un-
conditional use, outside storage of automobile parts.
FOLIO NO: 39601960002
PROPERTY 1420 47t' AVE NE, Naples, FL 34120
ADDRESS:
16. CASE NO: CEEX20210010380-DASV2l-010655 (THIS ITEM To BE HEARD
AT 12:00 PM)
OWNER: Elvie Simeus
OFFICER: Joseph Marino
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article 11, Section 14-33(1). Failure to provide current County
license; "Diamond". Fourth offense.
FOLIO NO:
PROPERTY 130 14t' ST SE, 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
CASE NO:
CEV20210007990
OWNER:
Roberto Reyes
OFFICER:
Sherry Patterson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable/unregistered vehicle
stored on residential property.
FOLIO NO: 39954720009
PROPERTY 3330 33rd AVE NE, Naples, FL 34120
ADDRESS:
2• 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 5337 19th AVE SW, Naples, FL 34116
ADDRESS:
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:
4• 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:
5. CASE NO: CELU20210004116
OWNER: Maylen Villar
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
6.
8.
Sections 2.02.03 and 1.04.01(A). Storing a recreational vehicle
and ambulance on an unimproved lot.
FOLIO NO: 01131960005
PROPERTY 210 Turnstile DR, Copeland, FL 34137
ADDRESS:
CASE NO: CEPM20210002892
OWNER: Eulalia Manuel
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(n) and 22-228(1). A
dilapidated carport on the property is in a state of disrepair and
requires a building permit or demolition permit for repairs,
alterations or removal.
FOLIO NO: 00077720009
PROPERTY 1900 8th AVE, Lot #70, Immokalee, FL 34142
ADDRESS:
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 10' AVE NE, Naples, FL 34120
ADDRESS:
CASE NO: CEROW20180002325
OWNER: Fortino Mendez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article 11, 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 3610 White BLVD, Naples, FL 34117
ADDRESS:
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 1966 46t" TER SW, Naples, FL 34116
ADDRESS:
10. CASE NO: CESD20190008067
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara
Rodriguez and Sergio Canu Duenas
OFFICER: William Marchand
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 5308 Cypress LN, Naples, FL 34113
ADDRESS:
11. CASE NO: CEPM20190013727
OWNER: GAZANIA LLC
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Section 22-231(12)(c). Roof over the garage is
dilapidated and caved in.
FOLIO NO: 77212880009
PROPERTY 112 4" ST, Naples, FL 34113
ADDRESS:
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY DECEMBER 3, 2021 AT 9:00 A.M.
XIII.ADJOURN
November 5, 2021
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Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
The Honorable Special Magistrate Brenda C. Garretson called the Hearing to order at 9:00 A.M.
All those testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being
punitive.
Recessed: 9:22 a.m.
Reconvened: 9:43 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:
10. CASE NO: CESD20210003720 - Luis Arriharan Quiroz and Miriam M Mercado De Arriharan
11. CASE NO: CEAU20210004766 - Ruth Avril and Daniella Avril
1. CASE NO: CEROW20180015652 - Alexander Guardia Tamayo and Zoika Palma Velazquez
2. CASE NO: CEROW20180000099 - Armand Procacci and Susan Elizabeth Procacci
13. CASE NO: CENA20210005790 - Robert E Cadenhead Et Ux
Under Item VII.A– Hearings, the following cases were withdrawn:
3. CASE NO: CEPM20210000243 - Sarah Kathryn B Rowe
5. CASE NO: CEV20210008786 - ESCOBAR AVENUE LLC
6. CASE NO: CEV20210004460 - Niko Glinos and Maribel Glinos
8. CASE NO: CELU20210005787 - CLC OF NAPLES LLC
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
10. CASE NO: CESD20190008067 - Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and
Sergio Canu Duenas
Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the October 1, 2021 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
November 5, 2021
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B. MOTION FOR EXTENSION OF TIME
None
VI. STIPULATIONS
10. CASE NO: CESD20210003720
OWNER: Luis Arriharan Quiroz and Miriam M Mercado De Arriharan
OFFICER: William Shanahan
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Carport/overhanging structure built without a permit.
FOLIO NO: 36442440001 PROPERTY 5098 28th AVE SW, Naples, FL 34116
Officer Shanahan requested the hearing.
The Stipulation was entered into by Luis Arriharan Quiroz on October 20, 2021.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by
December 5, 2021.
2. Obtain all required Collier County Building Permit(s), Inspections, and Certificate of
Completion/Occupancy for the unpermitted carport/overhang by January 5, 2022 or a fine
of $150.00 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: $111.75
11. CASE NO: CEAU20210004766
OWNER: Ruth Avril and Daniella Avril
OFFICER: William Shanahan
VIOLATIONS: Florida Building Code 7th Edition (2020), Building, Chapter 1, Part 2, Section
105.1. Fence constructed without a permit on a residential property.
FOLIO NO: 36436640008
PROPERTY ADDRESS: 5000 31st PL SW, Naples, FL 34116
Officer Shanahan requested the hearing.
The Stipulation was entered into by Ruth Avril on October 25, 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
December 5, 2021.
2. Obtain all required Collier County Building Permit(s), Inspections, and Certificate of
Completion/Occupancy for the unpermitted fence by December 5, 2021 or a fine of
$100.00 per day will be imposed until the violation has been abated thereafter.
November 5, 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
1. CASE NO: CEROW20180015652
OWNER: Alexander Guardia Tamayo and Zoika Palma Velazquez
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1,
Section 110-31(a). Pavers are installed on main driveway and on side for a second
drive using the right of way to access property on north side. Building expired
permit for paver driveway with larger culvert needs to obtain a Certificate of
Completion.
FOLIO NO: 36245280002
PROPERTY ADDRESS: 1885 51st TERR SW, Naples, FL 34116
Officer Marinos requested the hearing.
The Stipulation was entered into by Alexander Guardia on October 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
December 5, 2021.
2. Obtain all required Collier County Right of Way Permit(s), Inspections, and Certificate of
Completion/Occupancy to either permit for the unpermitted access or restore the County
Right-of-Way to its original state by December 5, 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
2. CASE NO: CEROW20180000099
OWNER: Armand Procacci and Susan Elizabeth Procacci
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1,
Section 110-30. Damaged driveway and drainage pipe.
FOLIO NO: 38287440002
PROPERTY ADDRESS: 4820 Mahogany Ridge DR, Naples, FL 34119
Officer Marinos requested the hearing.
The Stipulation was entered into by Armand Procacci on October 22, 2021.
November 5, 2021
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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
December 5, 2021.
2. Obtain all required Collier County Right of Way Permit(s), Inspections, and Certificate of
Completion/Occupancy to either permit for the unpermitted access or restore the County
Right-of-Way to its original state by December 5, 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
13. CASE NO: CENA20210005790
OWNER: Robert E Cadenhead Et Ux
OFFICER: Joseph Mucha
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 outside storage consisting of, but not limited to, wood,
building materials, metal and plastic.
FOLIO NO: 74413240001
PROPERTY ADDRESS: 3415 Cherokee ST, Naples, FL 34112
Supervisor Mucha requested the hearing.
The Stipulation was entered into by Robert Cadenhead on November 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
December 5, 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 desired items in a completely enclosed
structure by December 5, 2021 or a fine of $100.00 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
7. CASE NO: CEV20210005786
OWNER: CLC OF NAPLES LLC
OFFICER: William Marchand
November 5, 2021
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. An unlicensed/inoperable vehicle in driveway.
FOLIO NO: 74413320002
PROPERTY ADDRESS: 3408 Okeechobee ST, Naples, FL 34112
Officer Marchand requested the hearing.
The Stipulation was entered into by Robert Cadenhead on November 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
December 5, 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 12, 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
VII. PUBLIC HEARINGS
A. HEARINGS
14. CASE NO: CEV20210004488
OWNER: Yenier Mirabales and Yuliesky Eikel
OFFICER: Larry Sweet
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed/inoperable vehicle.
FOLIO NO: 39601960002
PROPERTY ADDRESS: 1420 47th AVE NE, Naples, FL 34120
Officer Sweet represented the County.
Evidence Entered: Composite Exhibit A: 2 photos dated 5/4/21
Composite Exhibit B: 1 photo dated 7/12/21
Composite Exhibit C: 2 photos dated 9/2/21
Composite Exhibit D: 5 photos dated 11/4/21
Exhibit E: Zoning map of property
Exhibit F: 1 2021 aerial photo of the property
Yenier Mirabales and Yuliesky Eikel were present and testified that they run a business out of
the home and the truck is not drivable. He has had health issues and needs more time to abate the
violation.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was
ordered to:
November 5, 2021
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1. 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 January 5, 2022 or a fine of $50.00 will be imposed for each day the
violation continues.
2. 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.
15. CASE NO: CELU20210004552
OWNER: Yenier Mirabales and Yuliesky Eikel
OFFICER: Larry Sweet
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-181. Unconditional use, outside storage of automobile parts.
FOLIO NO: 39601960002
PROPERTY ADDRESS: 1420 47th AVE NE, Naples, FL 34120
Officer Sweet represented the County.
Evidence Entered: Composite Exhibit A: 2 photos dated 5/4/21
Composite Exhibit B: 1 photo dated 7/12/21
Composite Exhibit C: 2 photos dated 9/2/21
Composite Exhibit D: 5 photos dated 11/4/21
Exhibit E: Zoning map of property
Exhibit F: 1 2021 aerial photo of the property
Yenier Mirabales and Yuliesky Eikel were present and admitted they have the parts on site and
needs more time to abate the violation.
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
January 5, 2022.
2. Remove all items not permitted for outside, including any vehicles or structures used for
residential purposes to a site designated for such use or store desired items in a completely
enclosed structure by January 5, 2022 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 between both cases
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
November 5, 2021
8
1. CASE NO: CEV20210007990
OWNER: Roberto Reyes
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable/unregistered vehicle stored on residential property.
FOLIO NO: 39954720009
PROPERTY ADDRESS: 3330 33rd AVE NE, Naples, FL 34120
Gilberto Reyes was present.
Officer Ambach reported that the violation has been abated however not in the prescribed time
frame amassing fines and costs in the amount of $6,611.85.
Mr. Reyes noted that he has a business retrieving disable cars and the vehicle in question was on a
licensed trailer for haul and parked at this house for a brief period.
Officer Ambach reported that the activity still constitutes a violation under the Ordinance unless
the vehicle is stored in an enclosed structure.
Mr. Reyes reported that there is a shed available on site for the storage.
Special Magistrate Garretson recommended that he store any of the unregistered/inoperable
vehicles in the shed while they are on site to prevent further violations.
Special Magistrate Garretson noted the violation has been abated and DENIED the County’s
Motion for Imposition of Fines and Liens.
3. 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 was present.
Supervisor Perez reported the violation has been abated however not in the prescribed time frame
amassing fines and costs in the amount of $40,511.65
Special Magistrate Garretson noted the violation has been abated and DENIED the County’s
Motion for Imposition of Fines and Liens.
4. 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 ADDRESS: 1815 Dove Tree ST, Naples, FL 34117
John Panella was present.
Officer McGonagle reported that the violation has been abated however not in the prescribed time
frame amassing fines and costs in the amount of $3,511.75
November 5, 2021
9
Special Magistrate Garretson noted the violation has been abated and DENIED the County’s
Motion for Imposition of Fines and Liens.
6. CASE NO: CEPM20210002892
OWNER: Eulalia Manuel
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(n) and 22-228(1). A dilapidated carport on the property is in a state
of disrepair and requires a building permit or demolition permit for repairs,
alterations or removal.
FOLIO NO: 00077720009
PROPERTY ADDRESS: 1900 8th AVE, Lot #70, Immokalee, FL 34142
Officer Connetta represented the County reporting the violation has not been abated amassing
fines and costs in the amount of $6,511.80 to date.
Eulalia Manuel (Tomas) was present and her daughter Michalae Matias acted as translator.
Ms. Tomas noted:
• That she has obtained price quotes for the work between $9,000 - $18,000 and cannot
afford to have the carport repaired.
• Repairs were made by a family member, however upon inspection by the County are not in
compliance with the applicable codes.
• She needs more time to abate the violation which includes obtaining the necessary permits
for the work.
Officer Connetta reported the County requires engineered drawings before a permit application
may be submitted for review.
Special Magistrate Garretson CONTINUED the case until February 5, 2022.
8. 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
Supervisor Perez represented that the County reporting the violation has not been abated amassing
fines and costs in the amount of $30,611.80 to date.
Mr. Mendez reported that the final inspection was completed today.
Supervisor Perez reported that the work failed inspection due to improperly placed sod and a
wooden form in a small area abutting the finished concrete which needs to be a non-porous
material.
Mr. Mendez noted that the work required to address the failed inspection is minor and can be
completed immediately.
November 5, 2021
10
Special Magistrate Garretson CONTINUED the case until January 7, 2022.
9. 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
An Trinh was present.
Supervisor Perez reported that the violation has been abated however not in the prescribed time
frame amassing fines and costs in the amount of $1,111.80
Special Magistrate Garretson noted the violation has been abated and DENIED the County’s
Motion for Imposition of Fines and Liens.
11. CASE NO: CEPM20190013727
OWNER: GAZANIA LLC
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(12)(c). Roof over the garage is dilapidated and caved in.
FOLIO NO: 77212880009
PROPERTY ADDRESS: 112 4th ST, Naples, FL 34113
Supervisor Mucha represented the County reporting that the violation has not been abated
amassing fines and costs in the amount of $42,611.80 to date.
Stanley Lieberfaub of Trail Acres Holding, LLC testified that they recently acquired the
property and were led to believe by the title company the violation was abated. They are obtaining
permits to renovate the property including demolition and re-building of portions of the structure.
He requested additional time to abate the violation.
Special Magistrate Garretson CONTINUED the case until March 4, 2022.
Break: 11:33 a.m.
Reconvened: 11:50 a.m.
VI. PUBLIC HEARINGS
A. HEARINGS
4. CASE NO: CENA20210009558
OWNER: Amiel Spano
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds/grass over 18 inches in height on this lot.
FOLIO NO: 26735800009
PROPERTY ADDRESS: 2392 Clipper Way, Naples, FL 34104
November 5, 2021
11
Date of Hearing Notice by Certified Mail: 10/13/21
Date of Hearing Notice Property/Courthouse Posting: 10/11/21
The Respondent was not present.
Officer Cathey represented the County.
Evidence Entered: Composite Exhibit A: 1 aerial photo of the property
Composite Exhibit B: 2 photos dated 9/9/21
Exhibit C: 1 photo dated 11/4/21
Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the
the respondent was in violationof the referenced Ordinance at the time the Notice of Violation
was issued and ordered them to pay Operational Costs in the amount of $111.65 incurred in
the prosecution of this case by December 5, 2021.
Total Amount Due: $111.65
9. CASE NO: CELU20210004297
OWNER: I E C RENTALS INC
OFFICER: William Marchand
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Storage container(s) and/or dumpster being stored on an
unimproved property with no active building permit on file.
FOLIO NO: 74414080008
PROPERTY ADDRESS: No Site Address, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 10/13/21
Date of Hearing Notice Property/Courthouse Posting: 10/12/21
The Respondent was not present.
Officer Marchand represented the County.
Evidence Entered: Exhibit A: 1 photo dated 5/27/21
Exhibit B: 1 photo dated 8/23/21
Exhibit C: 1 photo dated 11/4/21
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
December 5, 2021.
2. Cease storage of items on the unimproved property which is not a permitted accessory, or
conditional use in this zoning district by December 5, 2021 or a fine of $100.00 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
November 5, 2021
12
12. CASE NO: CEPM20210005865
OWNER: Clayton Misener
OFFICER: Rickey Migal
VIOLATIONS: Florida Building Code 7th Edition (2020) Building, Chapter 4, Section 454.2.17.
In -ground pool with no pool barrier in place on improved estates zoned parcel.
FOLIO NO: 36865080006
PROPERTY ADDRESS: 710 27th ST NW, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 10/13/21
Date of Hearing Notice Property/Courthouse Posting: 10/12/21
The Respondent was not present.
Officer Marchand represented the County.
Evidence Entered: Exhibit A: 2 photos dated 6/3/21
Exhibit B: 1 photo dated 6/27/21
Exhibit C: 1 photo dated 11/3/21
Exhibit D: 1 2015 aerial photo of the property
Exhibit E: 1 2021 aerial photo of the property
Exhibit F: Building Official Determination
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
December 5, 2021.
2. Erect a temporary barrier around the inground pool by November 12, 2021 or a fine of
$250.00 will be imposed for each day the violation continues
3. Erect an approved permanent pool barrier/enclosure to avoid safety concerns and obtain
all Collier County Building Permit(s), Inspections, and Certificate of
Completion/Occupancy by December 5, 2021 or a fine of $250.00 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
16. CASE NO: CEEX20210010380-DASV21-010655 (THIS ITEM TO BE HEARD AT 12:00 PM)
OWNER: Elvie Simeus
OFFICER: Joseph Marino
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide current County license; “Diamond”. Fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 130 14th ST SE, Naples, FL 34117ace on improved estates zoned
parcel.
Notice by Certified or Regular Mail: 10/12/21
November 5, 2021
13
Officer Marci Perry represented the County.
The Respondent was not present.
Officer Perry reported that there have been 3 previous Citations issued to the Respondent for
“Diamond” with no compliance.
Special Magistrate Garretson, finding the Notice of Hearing was properly served, UPHELD
issuance of the Citation and ordered the Respondent to pay a $400.00 fine, $50.00 in
Operational Costs and a $7.00 Administrative Fee for a Total Due of $457.00. Said amount
payable by December 5, 2021.
B. EMERGENCY CASES
None
I. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. 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: 10/12/21
Date of Hearing Notice Property/Courthouse Posting: 10/12/21
The Respondent was not present.
Supervisor Perez presented the case noting that the violation has not been abated amassing fines
and costs to date of $5,823.45.
Special Magistrate Garretson finding the Notice of Hearing was properly served GRANTED the
County’s Motion for Imposition of Fines and Liens in the amount of $5,823.45 with fines
continuing to accrue.
5. 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 an unimproved
lot.
FOLIO NO: 01131960005
PROPERTY ADDRESS: 210 Turnstile DR, Copeland, FL 34137
November 5, 2021
14
Date of Hearing Notice by Certified Mail: 10/13/21
Date of Hearing Notice Property/Courthouse Posting: 10/07/21
The Respondent was not present.
Supervisor Mucha reported that the violation has been abated however not in the prescribed time
frame amassing fines and costs in the amount of $3,561.75
Special Magistrate Garretson finding the Notice of Hearing was properly served noted the
violation has been abated and DENIED the County’s Motion for Imposition of Fines and Liens.
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 ADDRESS: 4150 10th AVE NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 10/13/21
Date of Hearing Notice Property/Courthouse Posting: 10/06/21
The Respondent was not present.
Officer Connetta reported that the violation has been abated however not in the prescribed time
frame amassing fines and costs in the amount of $12,861.80
Special Magistrate Garretson finding the Notice of Hearing was properly served noted the
violation has been abated and DENIED the County’s Motion for Imposition of Fines and Liens.
II. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
III. 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 Submitted
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
November 5, 2021
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County's Request.
IV. REPORTS
None
V. NEXT MEETING DATE —DECEMBER 3, 2021 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:26 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
ends C. Garre so , p cial Magistrate
The Minutes were ap oved by the Special Magistrate on DeCIANk>Or 3 o�OpZ,t
as presented V , or as amended
15