CESM Minutes 03/04/2022 March 4, 2022
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 4, 2022
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, Code Enforcement Administrative Secretary
Elena Gonzalez, Code Enforcement Specialist
March 4, 2022
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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: 9:16am
Reconvened: 9:37am
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:
#17; CESD20210007669; REALAND INVESTMENTS INC
#18; CESD20210008280; REALAND INVESTMENTS INC
#20; CESD20210011990;Francisco J Torres and Yanara Gonzalez Martell
#16; CESD20210002697; Charles G Simmons and Danna L Simmons
#24;CESD20210009168; Juan Sanchez
#12; CESS20220000419; TRI-STAR MANAGEMENT SERVICES LLC
#23. CEV20210011830 - Fortino Mendez
Under Item VII.A– Hearings, the following cases were withdrawn:
#1; CEEX20220000832-PU6238; TOLL FL XIII LIMITED PARTNERSHIP
#2; CEES20220000833-PU6239; TOLL FL XIII LIMITED PARTNERSHIP
#5; CEPM20210003168; PORTOFINO FALLS LTD
#6; CEPM20210002717; PORTOFINO FALLS LTD
#7; CESD20210008220; Eric Gonzalez
#8; CENA20210011342; Daniel Torres & Jocie-Mae L Beebe
#13; CEPM20200008860; VILLAGES AT STELLA MARIS MASTER ASSOC INC
#14; CEROW20200007860; Robert P Richman
#15; CESD20210006745; Sheldon Gofberg
Under VIII.B – Motion for Imposition of Fines, the following case were withdrawn:
#1; CEPM20180015856; Bryan Robert & Angelica Bouchard
#5; CEV20210005345; Richard J Liedke
#7; CEROW20170015842; Elizabeth Fox
March 4, 2022
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Special Magistrate Garretson approved the Agenda as modified
IV. APPROVAL OF MINUTES
The minutes of the February 4, 2022 hearing were reviewed by Special Magistrate Garretson and
approved as submitted.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
C. MOTION FOR REHEARING
1. 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 54-179 and 54-185(a). Collier County Land Development Code 04-
41, as amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height
on residential property, and litter and outdoor storage consisting of, but not
limited to, lumber, indoor furniture and a plastic container stored on the
property.
FOLIO NO: 35741240000
PROPERTY ADDRESS: 4572 22nd PL SW, Naples, FL 34116
Special Magistrate Garretson requested the re-hearing.
Date of Hearing Notice by Certified Mail: 2/17/22
Date of Hearing Notice Property/Courthouse Posting: 2/15/22
The Respondent was not present.
Supervisor Perez presented the case noting the Respondents were none responsive in the matter
and the County abated the violation.
Abatement Date: 2/7/22
Special Magistrate Order: No. 6016 Page: 3957
Fine Amount: Part B: $100.00/day; Part E: $100.00/day
Duration: Part B: 34 days; Part E: 34 days
Total Fine Amount: $6,800.00
Unpaid Abatement Costs: $3,690.00
Unpaid Operational Costs: $223.50
Total to Date: $10,713.50
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 $10,713.50. Said amount
to become a lien on the property.
VI. STIPULATIONS
17. CASE NO: CESD20210007669
March 4, 2022
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OWNER: REALAND INVESTMENTS INC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended Sections
10.02.06(B)(1)(a), 0.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted
renovations/alterations.
FOLIO NO: 60080240008
PROPERTY ADDRESS: 341 Airport RD N, Naples, FL 34104
Officer Cathey requested the hearing.
The Stipulation was entered into by the owner Jason Hayes on March 1, 2022.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion for the
renovations/alterations by June 4, 2022, or a fine of $200.00 per day 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
18. CASE NO: CESD20210008280
OWNER: REALAND INVESTMENTS INC
OFFICER: Ryan Cathey
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). Unpermitted
demolition.
FOLIO NO: 60080280000
PROPERTY ADDRESS: 343 Airport RD N, Naples, FL 34104
Officer Cathey requested the hearing.
The Stipulation was entered into by the owner Jason Hayes on March 1, 2022.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion for the demolition by June
4, 2022, or a fine of $200.00 per day 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
March 4, 2022
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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
20. CASE NO: CESD20210011990
OWNER: Francisco J Torres and Yanara Gonzalez Martell
OFFICER: William Shanahan
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). Unpermitted shed
and screen room/lanai.
FOLIO NO: 36382040008
PROPERTY ADDRESS: 2696 54th ST SW, Naples, FL 34116
Officer Shanahan requested the hearing.
The Stipulation was entered into by Francisco Torres on March 2, 2022.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion for the unpermitted
screen/lanai by May 4, 2022, or a fine of $100.00 per day 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
16. CASE NO: CESD20210002697
OWNER: Charles G Simmons and Danna L Simmons
OFFICER: Jordann Marinos
VIOLATIONS: Florida Building Code, 7th Edition (2020), Chapter 4, Section 454.2.17 and
Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Inground swimming pool with no permanent protective
barrier.
FOLIO NO: 35994360009
PROPERTY ADDRESS: 2755 46th ST SW, Naples, FL 34116
Noting a typographical error in the stipulation, the County WITHDREW the case.
24. CASE NO: CESD20210009168
OWNER: Juan Sanchez
OFFICER: Maria Rodriguez
March 4, 2022
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). An unpermitted metal frame structure erected on agriculturally
zoned property.
FOLIO NO: 00064000004
PROPERTY ADDRESS: 2002 SR 82, Immokalee, FL 34142
Officer Rodriguez requested the hearing.
The Stipulation was entered into by the owner Juan Sanchez on March 2, 2022.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion for the unpermitted metal
frame structure by July 5, 2022, or a fine of $150.00 per day 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
12. CASE NO: CESS20220000419
OWNER: TRI-STAR MANAGEMENT SERVICES LLC
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
5.06.06(A)(1). Recurring violation of flutter flags on the property.
FOLIO NO: 731840005
PROPERTY ADDRESS: 6220 Collier BLVD, Naples, FL 34114
Officer Pitura requested the hearing.
The Stipulation was entered into by John Valera on March 3, 2022.
Special Magistrate Garretson found the violation existed at the time of the Notice of Violation was
issued and ordered the Respondent to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
Total Amount Due: $111.70
23. CASE NO: CEV20210011830
OWNER: Fortino Mendez
OFFICER: Rickey Migal
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. Multiple unlicensed and/or inoperable vehicles stored on estates zoned
property.
March 4, 2022
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FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White BLVD, Naples, FL 34117
Officer Migal requested the hearing.
The Stipulation was entered into by the owner Fortino Mendez on March 4, 2022.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by
April 4, 2022.
2. Pay a Civil Penalty of $250.00 by April 4, 2022 for a 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 March 18, 2022 or a $100.00 per day fine will be imposed until the violation
has been abated.
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: $361.65
VII. PUBLIC HEARINGS
A. HEARINGS
3. CASE NO: CEN20220000628
OWNER: NAPLES 2.0 LLC
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section
54-92(b)(1). Readings from a calibrated sound level meter exceeded the
allowable decibel level for an affected residentially zoned property set in Table
1, Section 54-92, Article IV Noise, of the Collier County Code of Laws and
Ordinances.
FOLIO NO: 29830040004
PROPERTY ADDRESS: 2880 Becca AVE, Naples, FL 34112
Michael Moore and John Silverfield, attorneys and Gary Rudd, Celebration Park Manager
represented the Respondent. They entered the following Evidentiary Exhibits as agreed upon
between the parties:
1. Code Case Details - CEN20220000628
2. Map with Legend
3. Excerpts from October 14, 2021 Board Minutes and Record minutes (Testimony)
4. Excerpts from October 16, 2008 Board Minutes and Record minutes (Testimony)
5. Transcription of Byerly Voice mail
6. GMD Public Portal CEN202100050111
7. June 30, 2019 I love Curry Facebook post & 2021 annual report
8. July 18, 2019 and October 15, 2020 I love Curry Facebook posts
9. Composite of code case is reflected in slide table from GMD public portal
10. Composite of code cases 20200012097 & 20210002604 from GMD portal
11. Echo Barrier Online Printout
March 4, 2022
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12. Photos of echo barrier
13. Metadata of sound records from February 24, 2022 Ben Allen band
14. Composite of emails and magistrate orders reflected in slide
15. Email exchange Jeffrey Letourneau and Michael G Moore Esquire
16. Excerpts from September 20, 2007 board minutes and records (Testimony)
17. Summary of code enforcement cases 2018 through 2021
18. October 14, 2021 amplified sound permit
19. PL 2010003242 Application
20. Transcription of February 4, 2022 Magistrate hearing
Officer Short, Director Ossorio and Assistant County Attorney Colleen Kerins represented the
County. The entered the following Evidentiary Exhibits as agreed upon between the parties:
1. Ambient 1
2. Ambient 2
3. Amended SM order 8/26/21
3. Amplified sound permit 1
4. Calibration certificate CL 200 serial 5465
5. Calibration certification noise meter serial 4781
6. Celebration aerial map
7. CEN 20220000628 continuance order
8. Collier County code of laws section 54-90a
9. Collier County code of laws section 54-92 b.g1
10. Live affected site 1 - 2872 weeks
11. Live affected site 2 2815 Becca
12. Motion for Continuance
13. Mr. Byerly letter celebration park
14. Recommendation
15. Recommendation
16. Respondent’s evidence documents
17. Rudd phone log 1
18. Rudd phone log 2
19. Short noise certification 0002
20. Signed NOV
21. Site map
22. Thomas Byerly voicemail 1-22-2022
23. Violation 80DB affected site 2958 Cypress
23. Amplified sound permit
25.2021 amplified sound permit
26. 2018 amplified permit application
27. 2021 amplified permit application.
Officer Short testified:
• On January 19, 2022 at 5:30pm he began an investigation to a complaint regarding music
emanating from Celebration Park which could be heard from inside homes.
• He proceeded to the location and obtained ambient sound readings at the following
locations as depicted on Exhibit 1: (The maximum decibel allowed for an affected property
is 72).
March 4, 2022
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• 5:40pm in the vicinity of Bayshore Drive and Lakeview Drive – 69 Decibels (No
Violation).
• 6:45pm at 2872 Weeks Ave. – 65 Decibels (No violation).
• Following 6:45pm at 2815 Becca Ave. 65 Decibels (No Violation).
• 7:05pm at 2958 Cypress Ave., a property owned by Mr. Byerly – 80 Decibels (A
violation of County Ordinances).
• He contacted Mr. Rudd, manager of the park who arrived at the scene at 8:00pm and
accepted the Notice of Violation.
• On his way back to his office, he received a call from Mr. Rudd informing him he spoke to
Mr. Byerly, who told him he did not want to file a complaint.
• When he returned to his office he reviewed a voice mail message from Mr. Byerly stating
Mr. Rudd had telephoned him and threatened him and was concerned his house may be
burned down. He did not want to file a complaint on the matter and had told Officer Short
that when he was on his property.
During questioning by Mr. Silverfield, he noted:
• The owner of the property was issued the amplified sound permit.
• The original application was approved on 9/26/18
• He determined the violation to be that of a County Ordinance, not an issued permit.
Mr. Silverfield noted:
• In order for a permit to be revoked, according to Section 92(g)(6)b. of the County
Ordinance (which he read into the record) - “The only basis for denial of an Amplified
Sound Permit application shall be prior adjudication for violation of this Ordinance
relating to the same Amplified Sound activity.”
• The 2nd permit for amplified sound was issued on 10/14/21 and the 1st Violation was
adjudicated by the Special Magistrate on 4/2/21, prior to issuance of the 2nd permit.
Mr. Letourneau testified the 10/14/21 permit was issued under the same permit number as the
9/26/18 one and was an alteration of the original permit.
Mr. Moore noted:
• The County did not follow the proper procedures under the Ordinance for obtaining the
decibel readings cited in the case.
• This is only the first violation under the permit issue on 10/14/21 as the other violation was
adjudicated under the permit issued on 9/26/18.
He requested a Continuance so they may obtain experts in the sound industry to support their
defense.
Ms. Kerins objected to a Continuance as the case was already continued from the February 4, 2022
hearing date and the delay may create a situation where the timing for adjudicating a second
violation (required for revocation of a permit) would pass the 4/2/21 deadline required in the
Ordinance (2 violations required in a 12 month period).
March 4, 2022
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During questioning by Mr. Silverfield Officer Short noted there were several complainants
involved in the case and a residentially affected property is required to be tested for the sound
measurements.
Mr. Silverfield reported Mr. Letourneau previously testified at a Hearing Examiner’s proceeding
(which he read into the record) “the noise ordinance always needed a confirmed caller because we
have to take the readings from that particular property.”
Officer Short confirmed the complainant for this case according to the County records was
Meredith Gavin and there was no violation found on her property.
Mr. Letourneau reported Mr. Byerly had previously submitted a written complaint to the Board of
County Commissioners.
Mr. Silverfield noted Mr. Byerly is not present for questioning and his voice mail indicates he did
not want to file a complaint on the day of the incident.
Special Magistrate Garretson noted based on the hearing testimony, the case will be determined
by legal considerations and there are members of the public present to provide comments. It may
be necessary for Mr. Byerly to be present to provide testimony in the case. She recessed the
hearing so the parties could confer on the most beneficial avenue to move forward.
Recessed: 11:14am
Reconvened: 12:01pm
Speakers
Roy Wilson, the residents deserve the enjoyment of their properties without the nuisance of loud
music.
Elizabeth Baird provided an overview of the history of the permits including those issued on
9/26/18 and 10/13/21. She noted the 9/26/18 permit was not approved for amplified music and the
violation of the noise ordinance has been going on for 3 years. The property owner has no
intention of complying with the ordinance with numerous complaints filed with the County.
Susan Crum provided a written statement and reported she supports the park and tried to work
with the representatives of the park to resolve issues. The violation has been occurring for 3 years
without being addressed by the owner. She requested the Special Magistrate act on the matter.
Mr. Ossorio reported on a meeting held on the noise issue at the park noting:
• There was a meeting held on January 19, 2022 given Commissioner Taylor had received
numerous complaints regarding the noise emanating from the park.
• Neighbors were present at the meeting, and it was determined to revisit the complaints
historically filed on the loud music.
• It was determined to take sound readings at various sites of the complainants and affected
properties which led to the investigation on January 22, 2022.
During questioning by Mr. Silverfield, Mr. Ossorio noted:
• The meeting was coordinated via email communications and representatives of Celebration
Park were not in attendance nor were notified of the gathering.
• The County was aware of the owner’s contact information via a list of past complaints filed
with the County.
March 4, 2022
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• It is not uncommon for the Department to hold meetings of this nature to review complaints
and code violations involving various cases in the County.
• He has met with the Respondent multiple times over a litany of complaints including trash,
boats, parking, noise, etc.
• Commissioner Taylor was present and the outcome of the meeting was for the Department
to take a proactive approach to the complaints and conduct an investigation on the day of
the alleged violation.
• His definition of a sound affected site is a property affected by sound.
• He is aware of Section 54-92(b)1. of the Ordinance which states (read into the record by
Mr. Silverfield) “Sounds that are tested shall be measured at or within the property
boundary of the sound-affected site or unit from which the complaint originated. In order
to file a complaint, the complainant must provide his/her name, address and phone
number.”
• Mr. Byerly notified him in the past he wanted to be considered an affected party in the
matter.
John Gannon noted he lives within a block of the operation and never hears the music, nor has he
filed a complaint.
Camille Kielty, food truck owner and resides in the area and noted amplified music is an integral
part of the business and the owner has taken steps to address the neighbors’ concerns. If the
Special Magistrate finds a second violation has occurred, a meeting be arranged to find a solution
and the amplified music not be prohibited.
Ryanne Curnow noted a solution of the issue needs to be found as the music aspect of the
business employs many people.
Brad Allison musician on site agreed the neighbors privacy needs to be respected and he has
equipment which displays the decibel level of the music and recommends all parties work together
to find a solution to the issue.
Sam Folkman is a constant patron of the park and noted live music is an integral part of the
business and changes have been made to accommodate the neighbors.
Bill Peer spoke in support of the park and noted the music aspect of the business should be allowed
Feftali Feliciano noted the music is important and the business is beneficial to the community. He
suggested consideration be given to engaging a sound engineer on site to help alleviate the issue.
Mr. Moore requested a Continuance in the case due to matters including new evidence presented
today, time needed to engage experts in the sound field and expressed a due process concern.
Ms. Kerins objected to a Continuance as the case was already continued from the February 4, 2022
hearing and the County is required to prove there was a second violation within a 12 month period
for a permit to be revoked
Special Magistrate Garretson queried on the nature of issues involved in Mr. Moore’s request?
Mr. Moore noted:
1. The County hasn’t met their burden of proof as the sound readings were not taken from an
affected property.
2. New evidence was presented today and needs time to review it and engage experts.
3. Needs additional time to prepare his arguments based on the evidence and findings of this
expert.
March 4, 2022
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4. He questioned the County’s “rush” to proceed with the case given the severe nature of the
punishment should it be determined by the Magistrate a second violation occurred on the site.
Ms. Kerins noted:
• The County is under a time constraint as a second violation needs to be found by the
Special Magistrate within a 12-month period for a permit to be revoked and they do not
want to lose their rights prescribed in the Ordinance.
• The case for the first violation was heard at the 4/5/21 by the Special Magistrate followed
by the Order issued on 4/14/21.
• The Respondents representatives requested the previous Continuance (which was granted)
to obtain experts which they failed to do for today’s hearing. They obtained access to the
entire Code Enforcement file on January 26, 2022 as the result of a public records request.
Special Magistrate Garretson CONTINUED the case until March 18, 2022.
She noted the purpose of the hearing to be held on March 18th will be for the presentation of final
evidence and closing arguments. Any closing arguments or Memorandums of Law may be
submitted in written form within 2 days after the hearing as she will need time to consider the
merits of each party’s case before a decision may be rendered.
4. CASE NO: CESD20210008889
OWNER: Laverte Antonio Mathis and Renee Audrey King-Mathis
OFFICER: Michele McGonagle
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). Added carport
and shed to the property without obtaining required Collier County permits.
FOLIO NO: 40928320000
PROPERTY ADDRESS: 2981 4th AVE SE, Naples, FL 34117
Officer McGonagle presented the case.
Mr. Mathis and MS. King-Mathis were present.
Evidence entered: Exhibit 1: Determination from Building Official
Exhibit 2: Survey of the Property
Composite Exhibit 3: 5 photos dated 8/20/21
Exhibit 4: 1 photo dated 11/30//21
Composite Exhibit 5: 2 photos dated 3/3/22
Officer McGonagle reported:
• The violation came to light after the adjacent property owner wanted to install a fence but
determined the structure encroached on the property.
• Research indicated there were no permits issued for the structure.
• The Respondents were granted additional time to abate the violation however as of today
it remains.
Ms. King-Mathis testified they bought the property and were unaware of the violation and
financial matters have delayed the removal of the structures. She requested additional time to
abate the violation.
March 4, 2022
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Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was
ordered to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Occupancy/Completion for the
carport and shed by August 4, 2022, or a fine of $150.00 per day 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
19. CASE NO: CESD20210007667
OWNER: BARBARO MANAGEMENT INC
OFFICER: Ryan Cathey
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). Unpermitted demolition.
FOLIO NO: 60080160007
PROPERTY ADDRESS: 337 Airport RD N, Naples, FL 34104
Vincent Barbaro was present.
Evidence entered: Exhibit 1: Aerial photo of the property
Exhibit 2: Determination from Building Official
Exhibit 3: 1 photo dated 6/22/21
Officer Cathey presented the case noting the violation was discovered as by the Contractor
Licensing Department.
Mr. Barbaro testified the issuance of permits is pending and requested additional time to abate
the violation.
The County did not object to the request.
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was
ordered to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Occupancy/Completion for the
demolition by June 4, 2022, or a fine of $100.00 per day 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.
March 4, 2022
14
Total Amount Due: $111.70
Break: 11:42am
Reconvened: 11:50am
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. 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 ADDRESS: 5308 Cypress LN, Naples, FL 34113
Supervisor Mucha reported the violation has been abated however not in the prescribed time
frame amassing cost and fines in the amount of $65,211.80.
Ms. Rodriguez was present noting financial issues prevented them from abating the violation in a
timely manner.
Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens.
8. CASE NO: CENA20180012429
OWNER: Angelo Lucarelli and Gail Lucarelli
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). The accumulation of exotics on unimproved property creating a
public nuisance as defined by ordinance.
FOLIO NO: 00163080006
PROPERTY ADDRESS: No Site Address, Naples, FL 34110
Dominick Lucarelli, the Respondents son was present and testified a consultant has been
engaged (Q. Grady Minor) and proposals for completing the work have been executed by the
parties. He requested additional time to abate the violation.
Officer Short represented the County who had no objection to an Extension of Time or
Continuance.
Special Magistrate Garretson CONTINUED the case until such time it is reconvened by the
County.
6. CASE NO: CESD20200001724
OWNER: OAKES FARMS INC.
OFFICER: Ryan Cathey
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). Additional
March 4, 2022
15
parking lot constructed on preserve/water management area without the required
Collier County inspections, approvals and Certificate of Completion.
FOLIO NO: 276360008 and 282089302 (same parking lot)
PROPERTY 4176 Mercantile AVE, Naples, FL 34104
Randy Johns, the contractor for the Respondent was present and requested more time to abate the
violation.
Officer Cathey and Supervisor Short represented the County and did not object to the request.
Special Magistrate Garretson CONTINUED the case until September 4, 2022.
VII. PUBLIC HEARINGS
B. HEARINGS
9. CASE NO: CEV20210012352
OWNER: Maria Clothilde Osorio
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-97(4). Box truck parked on the side of a residential property.
FOLIO NO: 22620600004
PROPERTY ADDRESS: 4510 Normandy DR, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/16/22
Date of Hearing Notice Property/Courthouse Posting: 2/11/22 Officer Marchand presented the case.
The Respondent was not present.
Evidence entered: Exhibit 1: 1 photo dated 12/3/21
Exhibit 2: 1 photo dated 1/18/22
Composite Exhibit 3: 2 photos dated 3/3/22
Special Magistrate Garretson, finding the Notice of Violation was properly served, found the
violation existed at the time the Notice of Violation was issued and ordered the Respondent to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
Total Amount Due: $111.70
10. CASE NO: CEV20210012414
OWNER: Maria Clothilde Osorio
OFFICER: William Marchand
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Multiple inoperable vehicles located on a residential property.
FOLIO NO: 22620600004
PROPERTY ADDRESS: 4510 Normandy DR, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/16/22
Date of Hearing Notice Property/Courthouse Posting: 2/11/22 Officer Marchand presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit 1: 3 photos dated 12/3/21
Composite Exhibit 2: 5 photos dated /22
March 4, 2022
16
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was
ordered to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. 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 March 11, 2022 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
Break: 2:12pm
Reconvened: 2:18pm
21. CASE NO: CESD20200013736
OWNER: 3050 TAMIAMI TRAIL LLC
OFFICER: Ryan Cathey
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). Unpermitted
renovations/alterations.
FOLIO NO: 61946320003
PROPERTY ADDRESS: 3050 Tamiami TRL N, Naples, FL 34103
Date of Hearing Notice by Certified Mail: 2/16/22
Date of Hearing Notice Personal Service: 2/16/22 Officer Cathey presented the case.
The Respondent was not present.
Evidence entered: Composite Exhibit 1: 3 photos dated 12/3/21
Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was
ordered to:
1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by
April 4, 2022.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Occupancy/Completion for the
renovation/alterations by May 4, 2022, or a fine of $200.00 per day 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.
March 4, 2022
17
Total Amount Due: $111.70
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CENA20210006533
OWNER: Johnson Pharisien
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179, 54-181 and 54-185(a). Collier County Land Development Code 04-41,
as amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height on
residential property, and litter and outdoor storage consisting of, but not limited
to, buckets, plastic, wood, vegetative debris, vehicle seats and carpet stored on
the property.
FOLIO NO: 50890640002
PROPERTY ADDRESS: 2617 Holly AVE, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/16/22
Date of Hearing Notice Property/Courthouse Posting: 2/10/22
The Respondent was not present.
Supervisor Mucha presented the case noting the violation has been abated by the County.
Abatement Date: 2/7/22
Special Magistrate Order: No. 6031 Page: 3598
Fine Amount: Part C: $100.00/day; Part D: $100.00/day
Duration: Part C: 122 days; Part D: 122 days
Total Fine Amount: $24,400.00
Unpaid Operational Costs: $223.50
Total to Date: $24,623.50
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 $24,623.50. Said amount
to become a lien on the property.
3. CASE NO: CEPM20210009114
OWNER: German E Virreira and Maria L Ortiz
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(n) and 22-231(12)(p). Damage to the ceiling in the garage due to a
water leak and the screen door on the lanai does not open and close easily.
FOLIO NO: 24778006804
PROPERTY ADDRESS: 7746 Bristol CIR, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 2/17/22
Date of Hearing Notice Property/Courthouse Posting: 2/11/22
March 4, 2022
18
The Respondents were not present.
Supervisor Ambach presented the case noting the violation has not been abated.
Special Magistrate Order: No. 6067 Page: 860
Fine Amount: $250.00/day
Duration: 77 days
Total Fine Amount: $19,250.00
Unpaid Operational Costs: $223.45
Total to Date: $19,473.45
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 $19,473.45. Said amount
to become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. CASE NO: CENA201900009147
OWNER: KATRIX, LLC
Ms. Gonzalez reported there was a scriveners error in the Order which needs to be amended.
Special Magistrate Garretson GRANTED the County’s motion.
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED
the County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
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
11.1 Adoption of Amendments to Special Magistrate Rules and Regulations
Special Magistrate Garretson reviewed the changes to the “Collier County Special Magistrate
Rules and Regulations” and adopted them effective March 4, 2022.
XII. NEXT MEETING DATE – APRIL 1, 2022 at 9:00am
March 4, 2022
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 3:00PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
1
n
n s aaC.lLGarretson, pecial Magistrate
The mutes were approved by the Special Magistrate onAs4R:1,:k\ ` ` goag , as presented
, or as amended
19