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CESM Minutes 02/06/2015 February 6, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, February 6, 2015 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 Garretson ALSO PRESENT: Kerry Adams, Code Enforcement Specialist HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: February 6, 2015 at 9:00 A.M. LOCATION: Collier County Government Center, 32" East Tamiami Trail, Building F, 3rd Floor, Naples, Florida 34112 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. 1. CALL TO ORDER- Special Magistrate Brenda Carretson presiding A. [fearing rules and regulations IL APPROVAL OF AGENDA Ill. APPROVAL OF MINUTES -January 16, 2015 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PUBLIC tiEARINGS A. Stipulations B. Hearings CASE NO: OWNER: OFFICER: VIOLATIONS VIOLATION ADDRESS: S0181408-CEEX20140025682 MARIANO MARTINEZ DEPUTY KELLER CODE OF LAW & ORD., SEC. 130-67 HANDICAPPED SPACE, PARTIALLY ON ACCESS LOWE'S, NAPLES 2. CASE NO: DAS17071-CEEX20150000108 OWNER: HEIDI LANE OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORD.. CHAPTER 14. ARTICLE 11, SECTION 14-29(3) INTERFERENCE WITH AN OFFICER VIOLATION ADDRESS: 2291 DELLA DRIVE. NAPLES 3. CASE NO: DAS17072-CEEX20150000105 OWNER: HEIDI LANE OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW & ORD., CHAPTER 14, ARTICLE 11, SECTION 14-29(4) IMPOUNDMENT/QUARANTINE VIOLATION ADDRESS: 2291 DELLA DRIVE. NAPLES 4. CASE NO: DAS17490-CEEX20150000296 OWNER: STEVEN KENNEDY OFFICER: KYRA LYNCH VIOLATIONS: CODE OF LAW & ORD., CHAPTER 14, ARTICLE 11, SECTION 14-34(1)(B) DOG RUNNING AT LARGE VIOLATION ADDRESS: BRANTLEY BLVD, NAPLES 5. CASE NO: DAS17066-CEEX20140025717 OWNER: STEVEN KENNEDY OFFICER: KYRA LYNCH VIOLATIONS: CODE OF LAW & ORD,. CHAPTER 14, ARTICLE 11, SECTION 14-34(1)(B) DOG RUNNING AT LARGE VIOLATION ADDRESS: BRANTLEY BLVD, NAPLES 6. CASE NO: DAS17000-CEEX20150001288 OWNER: STEVE BERRY OFFICER: ANITA MARTINDALE VIOLATIONS; CODE OF LAW & ORD., CHAPTER 14, ARTICLE 11. SECTION 14-34(1)(B) DOG RUNNING AT LARGE VIOLATION ADDRESS: ROSE WAY. NAPLES K 7. CASE NO: CE001309-CEVFH20140024442 OWNER: BOBBY CALVERT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS & ORDINANCES, CHAPTER 142. ARTICLE 11, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: 6400 DUDLEY DRIVE, NAPLES 8. CASE NO: CE001310-CEVFH20140025336 OWNER: ALFREDO MALDONA OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS & ORDINANCES. CHAPTER 142, ARTICLE It, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: RED ROOF INN, DAVIS BLVD, NAPLES 9. CASE NO: CEV20140021572 OWNER: MICHAEL D. RYON AND KAY ANNETTE FAIVOR-RYON OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE 111, SECTION 130-95. UNLICENSED/INOPERABLE TRUCK IN THE DRIVEWAY. FOLIO NO: 33435160003 VIOLATION ADDRESS: 9408 SUMMER PLACE, NAPLES 10. CASE NO: CEPM20140022233 OWNER: 'NARY ALICE REILLEV TR, LEE P. WILSON TR, MARY ALICE REILLEY REV TRUST OFFICER: INVESTIGATOR JOHN CONNE'*rTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI. SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO- 6271,3480007 VIOLATION ADDRESS: 850 93RD AVENUE N, NAPLES 11, CASE NO: CEPM20140013345 OWNER: BETTE S. LANIUS OFFICER: INVEs'r[GATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES. CHAPTER 22. ARTICLE VI, SECTION 22-231(15) AND 22-231(12)(N). VACANT DWELLING WITH POOL WATER VIOLATION AND RIPPED,"TORN SCREENS ON POOL CAGE. FOLIO NO: 36121720000 VIOLATION ADDRESS: 4937 21ST PLACE SW. NAPLES 12, CASE NO: CEPM20140024204 OWNER: RICHARD L. GOSSARD JR AND EVONNE M. ESTEP OFFICER; INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-242 AND 22-241(1), UNSECURED RESIDENTIAL STRUCTURE AND BOARDING WITHOUT APPLICABLE COLLIER COUNTY BOARDING CERTIFICATE. FOLIO NO: 62156880002 VIOLATION ADDRESS: 5310 SHOLTZ STREET, NAPLES 13. CASE NO: CEPM20140018535 OWNER: MARGARET SHAFFER EST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE V1, SECTION 22-23](15) AND 22-231(12)(1). VACANT DWELLING WITH POOL WATER VIOLATION AND BROKEN WINDOW ON GARAGE DOOR. FOLIO NO: 65471960002 VIOLATION ADDRESS- 117 SHARWOOD DRIVE, NAPLES 14, CASE NO: CEPM20120001293 OWNER: ELSA PERDOMO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231(12)(1) AND 22-231(12)(N). BROKEN WINDOWS AND A DAMAGED WOODEN GATE. FOLIO NO: 36309840003 VIOLATION ADDRESS: 5352 23RD Pt SW, NAPLES 15. CASE NO: CEV201400241% OWNER: ELDER ROCHE AND MARIE ROCHE OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE 111, SECTION 130-95. UNLICENSED/1NOPFRABLE VEHICLE ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62261720002 VIOLATION ADDRESS: 5377 BROWARD STREET, NAPLES 16. CASE NO: CEV20140022938 OWNER: KEVIN S. BUNDY OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 130, ARTICLE 111, SECTION 130-96(A). BOAT ON TRAILER IN DRIVEWAY. FOLIO NO: 62416560004 VIOLATION ADDRESS: 773 103RD AVENUE N, NAPLES C. Emergency Cases: vi. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20140018287 OWNER: NATASHA WARD OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER. COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 ,ARTICLE VI. SECTION 22-231(12)(0) AND 22-231(12)(P). ROOF DAMAGE AND CEILING DAMAGE TO THE INSIDE OF THE HOUSE. FOLIO NO: 24980760006 VIOLATION ADDRESS: 2057 HOLIDAY LANE, NAPLES 2. CASE NO: CESD20140018438 OWNER: ARLP TRUST 4 OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(A). POOL ENCLOSURE HAS BEEN REMOVED WITHOUT PROPER COLLIER COUNTY PERMITS. FOLIO NO: 37927720009 VIOLATION ADDRESS- 4225 11TH AVENUE SW, NAPLES 3. CASE NO: CELU20140011151 OWNER: RAY P. PARASCANDO AND KERRY A. PARASCANDO OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT' CODE 0441. AS AMENDED. SECTION 1.04.01(A) AND 2.02.03. PEOPLE LIVING IN RECREATIONAL VEHICLES AND ALLOWING FOR THE HOOK UP OF ELECTRIC TO THE CAMPERS AS A POWER SOURCE TO LIVE. FOLIO NO: 739680005 VIOLATION ADDRESS: 2755 CECIL ROAD. NAPLES 4. CASE NO: CESD20140012586 OWNER: RAY P. PARASCANDO AND KERRY A. PARASCANDO OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED. SECTION 10.02,06(B)(1)(A). A NON-PERMITTED WOOD FRAMED ADDITION TO THE CAMPER IN THE REAR OF THE PROPERTY. FOLIO NO: 739680005 VIOLATION ADDRESS: 2755 CECIL ROAD. NAPLES 5. CASE NO: CEV20140017301 OWNER: STEPHEN W. SCHESSLER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 2, ARTICLE IX, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE, CHAPTER 130, ARTICLE III, SECTION 130-95 AND 97(3). REPEAT VIOLATION OF INOPERABLE /UNREGISTERED VEHICLE IN DRIVEWAY!ON PROPERTY. FOLIO NO: 70971000004 VIOLATION ADDRESS: 1216 ROSEMARY LANE, NAPLES 6. CASE NO: CEPM2012001043 OWNER; JOSEPH FER10 FRANCOIS OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS. ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(i) AND 22-231(12)(p). DAMAGED EXTERIOR AND INTERIOR WALLS AND DAMAGED WINDOWS. FOLIO NO: 36117680002 VIOLATION ADDRESS: 1820 5 0' STREET SW, NAPLES 7. CASE NO: CEPM20140012637 OWNER: S & 0 GROCERS INC. OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTK-1 E VI, SECTION 22-241 (1)(N)(3),22-241 (1)(J), 22-241 (1)(A), 22-241 (1)(B), 22-241 (1)(E) AND 22- 241(2)(2). COMMERCIAL SIGNAGE IN DISREPAIR. ROOF, FASCIA, AND SOFFIT IN DISREPAIR, PEELING PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS MISSING GLAZING MATERIAL, UNSECURE AND NOT WEATHER TIGHT. DEBRIS SCATTERED ABOUT PROPERTY IN REAR. FOLIO NO: 25580880000 VIOLATION ADDRESS: 303 W. MAIN STREET. IMMOKALEE 8. CASE NO: CEAU20140014415 OWNER: DAVID FALATO AND ZENAIDA FALATO OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: THE 2010 FLORIDA BUILDING CODE, CHAPTER I SCOPE AND ADMINISTRATION, PART 1, SCOPE AND APPLICATION, SECION 105 PERMITS. 105.1 REQUIRED. UNPERMITTED FENCE CONSTRUCTED IN THE REAR OF THE PROPERTY. OWNER/OCCUPANT DID NOT COMPLETE PERMITTING APPLICATION PROCESS. FOLIO NO: 77210960002 VIOLATION ADDRESS: 130 2 ND STREET, NAPLES 9. CASE NO: CEPM20.120008938 OWNER: MBLS VENTURES LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE. SECTION 22-23 I(I)THROUGH (20) AND ARTICLE VI CHAPTER 22, SECTION 22-242, UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS, INTERIOR WALLS, ROOF, CEILINGS, WINDOWS, DOORS, AND OTHER AREAS THROUGHOUT STRUCTURE. FOLIO NO: 45967680007 VIOLATION ADDRESS: 1810 19"" STREET SW, NAPLES 10. CASE NO: CFPM20140012247 OWNER: TIMOTHY R. MCCORKLE AND SHARON MCCORKLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(N) AND (15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION AND ACCESSORY SCREEN STRUCTURE IN DISREPAIR. FOLIO NO: 81216008585 VIOLATION ADDRESS: 3282 STURGEON BAY CT, NAPLES 11. CASE NO: CENA20140017831 OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54.185(A). WEEDS THAT EXCEED 18 INCHES. FOLIO NO: 36129040009 VIOLATION ADDRESS: 4913 18TH AVENUE SW, NAPLES 12, CASE NO: CEPM20140009380 OWNER: JOSEPH C. LESTER OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(N) AND 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. AND ACCESSORY SCREENED STRUCTURE IN DISREPAIR. FOLIO NO: 22683000586 VIOLATION ADDRESS: 4395 KENTUCKY WAY, AVE MARIA VIL OLD BUSINESS A. Motion to Amend Previously Issued Order: B. Motion to Rescind Previously Issued Order: Vill, 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. IX. REPORTS 1. CASE NO: DAS15629-CEEX20140017636 OWNER: MICHAEL LOPEZ OFFICER: K. LYNCH VIOLATIONS: CODE OF LAW & ORD., CHAPTER 14, ARI]CLE 11, SEC'I* ION 14-34 (1)(B), RUNNING AT LARGE ON A BUSINESS PARKING LOT IN THE 900 BLOCK OF COMMERCIAL BLVD. VIOLATION ADDRESS: COMMERCIAL BLVD, NAPLES X. NEXT MEETING DATE: March 6, 2015, at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail, Building F, 3rd Floor, Naples, Florida X1. ADJOURN February 6, 2015 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 Garretson called the Hearing to order at 9:03 A.M. All those testifying at the proceeding did so under oath. A. Hearing rules and regulations Special Magistrate Garretson outlined the Rules and Regulations for the Hearing. 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: 9:18 a.m. Reconvened: 9:40 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Specialist, noted the following changes (listed below as Agenda item numbers): Under item V.B —Hearings, the following case was moved to V.0 —Motion for Continuance: • #7-CASE NO: CE001309-CEVFH20140024442-BOBBY CALVERT Under item V.B —Hearings, the following cases were withdrawn: • #1 -CASE NO: S0181408-CEEX20140025682-MARIANO MARTINEZ • #8-CASE NO: CE001310-CEVFH20140025336-ALFREDO MALDONA • #9-CASE NO: CEV20140021572 -MICHAEL D. RYON AND KAY ANNETTE FAIVOR-RYON • #11 -CASE NO: CEPM20140013345 -BETTE S. LANIUS • #13 -CASE NO: CEPM20140018535 -MARGARET SHAFFER EST Under VI.A—Motion for Imposition of Fines, the following case was withdrawn: • #6-CASE NO: CEPM20120016343 -JOSEPH FERIO FRANCOIS Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES—January 16,2015 The minutes of the January 16, 2015 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted IV. MOTIONS A. Motion for Reduction/Abatement of Fines None B. Motion for Continuance 7. CASE NO: CE001309-CEVFH20140024442 OWNER: BOBBY CALVERT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS:6400 DUDLEY DRIVE,NAPLES 2 February 6, 2015 Mr. Calvert was not present but submitted the request in writing noting he was going to be out of town the day of the hearing. Investigator Musse represented the County and testified he had not spoken to the Respondent but did not object to the request as it is not a health, safety and welfare issue. Special Magistrate Garretson requested Mr. Musse to notify the Respondent; the request contained an insufficient explanation on why he was out of town, but will grant a one-time Continuance of the case. Special Magistrate Garretson CONTINUED the Case until the next hearing. C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations None B. Hearings 2. CASE NO: DAS17071-CEEX20150000108 OWNER: HEIDI LANE OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW&ORD., CHAPTER 14,ARTICLE II, SECTION 14-29(3) INTERFERENCE WITH AN OFFICER VIOLATION ADDRESS:2291 DELLA DRIVE,NAPLES Cases 2 and 3 were combined for evidentiary purposes, but ruled on separately. Officers Morris and Martindale represented the County. Heidi Lane and Francois Guirola were present. Ms. Lane requested Dismissal from the case as Mr. Guirola is the owner of the dog and he was temporarily living on the premise at the time of the incident. Officer Martindale reported Ms. Lane notified the first responder she was the owner. Mr. Guirola notified her he was the owner and the dog lives with Ms. Lane. Mr. Guirola could not produce any identification. Officer Martindale noted Ms. Lane qualifies as the caretaker under the Ordinance and is responsible for the dog's actions. It was determined Ms. Lane and Mr. Guirola are jointly responsible under the Ordinance. Officer Martindale stated charges include interfering with an Officer while performing their lawful duties and failure to surrender the dog for quarantine. Mr. Guirola testified: • The dog is a pitbull name "Chappo." • He was contacted by officers, who notified him his dog bit someone 5 —7 days prior to the date of original contact. • The victim claimed she was bitten on 11/13/14; however the officer's notified him they responded to an incident on 11/16/14. 3 February 6, 2015 • He was notified based on the complaint filed by the victim, the dog had to be quarantined. • He was told the dog could be quarantined at the residence. • During the events (which occurred over a series of days) the dog disappeared from his cage and is still missing. He believes it was stolen. • He did not receive any evidence of the bite until a photo was presented 10 days after the incident. • He believes the case involves a false claim of his dog biting the victim. Officer Morris testified: • According to the victim, (Deborah Anders) the bite incident occurred on 11/13/14. • The Collier County Sheriffs Office was notified of the incident by the victim on 11/16/14 and responded to the scene. • On 11/17/14, Investigative Officers attempted to contact Ms. Lane however she was not at home. • On 11/18/14, they received a report that"Chappo" was running at large. • When they arrived on the scene, the dog was confined in a cage. • Neither Ms. Lane nor Mr. Guirola could provide proof of a rabies vaccination and an order to quarantine the dog was established. • No home quarantine would be permitted as no proof of vaccination was provided by Ms. Lane or Mr. Guirola. The options to quarantine include an appropriate shelter, a veterinarian's facility or Domestic Animal Services. • On 11/20/14 the Investigative Officer arrived at Ms. Lane's residence and while in the yard, was notified by Ms. Lane the dog was not quarantined. Ms. Lane claimed she could not find an appropriate facility to quarantine the dog. The Officer provided the name of a qualified facility and Ms. Lane entered the home and did not return. • On 11/21/14 the Investigative Officer proceeded to Ms. Lane's residence to determine if the dog had been quarantined and was notified the dog had "escaped" and was not present on site. • On 11/24/14 the case was forwarded to the Department of Health. • On 11/25/14 a 3rd Citation, for events surrounding the case, was issued which requires a mandatory court appearance. • The victim refused treatment for potential rabies infection. • Ms. Lane was provided a photo of the bite on 11/20/14. County Evidence Entered: Composite Exhibit A: Domestic Animal Services Report. Exhibit B: 1 photo of victim's arm taken by the victim. Mr. Guirola expressed concern the photo is not an original and believes it is falsified and the County is pursuing the matter for monetary reasons. Special Magistrate Garretson noted events related to quarantining the animal off-site were precipitated by Ms. Lane and Mr. Guirola's inability to provide proof of a rabies vaccination for "Chappo". Officer Morris stated the Evidence entered includes an affidavit from the victim. Officer Martindale provided a clearer photograph via a laptop computer for review by Special Magistrate Garretson. 4 February 6, 2015 After hearing the testimony and reviewing the evidence, Special Magistrate Garretson DISMISSED the Citation as evidence does not appear to show there was skin broken associated with the dog bite. 3. CASE NO: DAS17072-CEEX20150000105 OWNER: HEIDI LANE OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAW&ORD., CHAPTER 14,ARTICLE II, SECTION 14-29(4) IMPOUNDMENT/QUARANTINE VIOLATION ADDRESS:2291 DELLA DRIVE,NAPLES After hearing the testimony and reviewing the evidence, Special Magistrate Garretson UPHELD the Issuance of the Citation and ordered the Respondent to pay a Fine of$300.00, Operational Costs of$50.00 and a $7.00 Administrative Fee for a total amount due of$357.00 by April 6, 2015. She stated if the dog returns it needs to be vaccinated, licensed and confined to the property. Mr. Guirola stated he would assume responsibility for paying the monies due to the County. Total Amount Due: $357.00 6. CASE NO: DAS17000-CEEX20150001288 OWNER: STEVE BERRY OFFICER: ANITA MARTINDALE VIOLATIONS: CODE OF LAW&ORD., CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B) DOG RUNNING AT LARGE VIOLATION ADDRESS:ROSE WAY,NAPLES Officer Martindale represented the County. County Evidence Entered: Composite Exhibit A: DAS Report on the Alleged Incident. Steve Berry was present and requested that the video taken by a neighbor and turned over to Domestic Animal Services (DAS) be viewed by Special Magistrate Garretson as it depicts the alleged violation. Mr. Berry pointed out, the alleged violation in the video occurred when his dog meandered to the end of his driveway around a refuse container (awaiting pickup by Waste Management) and then sauntered back to the front door of the home. The video was taken by a neighbor, who for some unknown reason has begun harassing him. The neighbor has contacted animal control 10 -15 times and the Sheriff's Department 5 times on unfounded issues. Officer Martindale testified: • There have been 8 complaints filed by the neighbor, none of which have been verified by DAS Officers. • They have received 1 affidavit (from the neighbor in question) regarding Mr. Berry's dog allegedly running at large. Special Magistrate Garretson noted no witnesses are present and the Ordinance requires that two affidavits be filed with DAS. After hearing the testimony and reviewing the evidence, Special Magistrate Garretson found the Respondent NOT GUILTY of the alleged violation. 5 February 6, 2015 15. CASE NO: CEV20140024196 OWNER: ELDER ROCHE AND MARIE ROCHE OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLE ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62261720002 VIOLATION ADDRESS: 5377 BROWARD STREET,NAPLES Claude Alix represented Elder and Marie Roche and reported: • He is the tenant responsible for the alleged violations. • He reported the vehicle was driven by his son and was involved in an accident. • The body shop was busy and deferred picking up the vehicle for repair for a couple of months. • The violation has been abated. Investigator Kincaid and Supervisor Snow represented the County County Evidence Entered: Composite Exhibit A: 2 photos dated 10/23/14 Composite Exhibit B: 2 photos dated 12/9/14 Exhibit C: 1 photo dated 2/5/15 Investigator Kincaid testified the violation is a repeat violation, 3rd offense. The violation has been abated, however violations are an ongoing issue on this property with vehicles in the driveway or yard being removed just before a resolution date. Supervisor Snow testified the County requests finding a future violation will be subject to court costs and civil fines. After hearing the testimony and reviewing the evidence Special Magistrate Garretson found a violation existed but has been abated and ordered the Respondent to pay $115.18 in Operational Costs by March 6, 2015. She notified the Respondent if another violation of similar nature occurs, civil fines will be imposed. Total Amount Due: $115.18 VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. CASE NO: CELU20140011151 OWNER: RAY P. PARASCANDO AND KERRY A.PARASCANDO OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A)AND 2.02.03. PEOPLE LIVING IN RECREATIONAL VEHICLES AND ALLOWING FOR THE HOOK UP OF ELECTRIC TO THE CAMPERS AS A POWER SOURCE TO LIVE. FOLIO NO: 739680005 VIOLATION ADDRESS:2755 CECIL ROAD,NAPLES Ray Parascando and Kerry Parascando were present. Investigator Ambach presented the case noting the violation was abated, but not in the prescribed time frame. Special Magistrate Order: 9/5/14 - No. 5078 Page: 397 Fine Amount: Part B: $250.00/day; Part C: $150.00 day 6 February 6, 2015 Duration: Part B: 9/10/14 — 12/5/14 (87 days) Part C: 9/13/14— 12/5/15 (84 days) Total Fine Amount: Part B: $21,750.00; Part C: $12,600.00 Unpaid Operational Costs: $230.13 Total to Date: $34,580.13 Mr. and Mrs. Parascando testified: • The violations were the result of activities by a previous tenant who was evicted from the property. • The eviction proceedings delayed the work necessary to abate the violation. • They did not have the documentation regarding the eviction case for today's hearing. Special Magistrate Garretson CONTINUED the case and requested the Respondents file documentation on the eviction proceedings with the Code Enforcement Department for her review. Fines will not continue to accrue but Operational Costs in the amount of$230.13 must be paid by March 6, 2015. 4. CASE NO: CESD20140012586 OWNER: RAY P. PARASCANDO AND KERRY A.PARASCANDO OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).A NON-PERMITTED WOOD FRAMED ADDITION TO THE CAMPER IN THE REAR OF THE PROPERTY. FOLIO NO: 739680005 VIOLATION ADDRESS:2755 CECIL ROAD,NAPLES Ray Parascando and Kerry Parascando were present. Investigator Ambach presented the case noting the violation has not been abated per the Order. The structure has been removed, however the Order required a demolition permit be obtained. Special Magistrate Order: 9/5/14 -No. 5078 Page: 418 Continuance Granted: 12/5/14 Fine Amount: $250.00/day Duration: 10/6/14— 12/5/14 (61 days) Total Fine Amount: $15,250.00 Unpaid Operational Costs: $229.98 Total to Date: $15,479.98 Mr. and Mrs. Pascando testified the structure was removed, but they have been delayed obtaining permits. Finding the Notice of Hearing was properly served, Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines and reported the Order will be amended to remove the condition for obtaining the Demolition Permit. Previously assessed operational costs in the amount of$11 5.10 must be paid by March 6, 2015. 9. CASE NO: CEPM20120008938 OWNER: MBLS VENTURES LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20)AND ARTICLE VI CHAPTER 22, SECTION 22-242. UNSECURE RESIDENTIAL STRUCTURE IN NEED OF REPAIR AND MAINTENANCE, 7 February 6, 2015 INCLUDING EXTERIOR WALLS, INTERIOR WALLS, ROOF, CEILINGS, WINDOWS, DOORS, AND OTHER AREAS THROUGHOUT STRUCTURE. FOLIO NO: 45967680007 VIOLATION ADDRESS: 1810 19TH STREET SW,NAPLES Octavio Sarmiento,Jr., Permit Specialist represented the owner. Investigator Short represented the County and noted he has spoken to the owner who stated Mr. Sarmiento would represent them at the hearing. Mr. Sarmiento requested a 90 day Continuance in the case. He reported that the work involves renovation of a residence and is ongoing. Permits have been issued and inspections have been completed for the roof, rough plumbing and electrical. Mr. Short testified the violation was to be abated on 10/7/13 with continuances previously granted, the last one being granted on 10/7/14. Mr. Sarmiento testified the property was purchased by the owner in December of 2013 who began to undertake measures to abate the violation. Special Magistrate Garretson CONTINUED the case and requested the Respondent to submit a construction schedule for the remaining work through the date of completion. Investigative Officers are to verify the schedule and establish a base time line to begin monitoring construction activities. The schedule is to be submitted by February 13, 2015 and the Respondent is to pay Operational Costs in the amount of$115.33. Total Amount Due: $115.33 7. CASE NO: CEPM20140012637 OWNER: S&0 GROCERS INC. OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-241 (1)(N)(3),22-241 (1)(J),22-241 (1)(A),22-241 (1)(B),22-241 (1)(E)AND 22- 241(2)(L). COMMERCIAL SIGNAGE IN DISREPAIR, ROOF, FASCIA,AND SOFFIT IN DISREPAIR, PEELING PAINT ALONG EXTERIOR SURFACES, WINDOWS AND DOORS MISSING GLAZING MATERIAL, UNSECURE AND NOT WEATHER TIGHT,DEBRIS SCATTERED ABOUT PROPERTY IN REAR. FOLIO NO: 25580880000 VIOLATION ADDRESS: 303 W. MAIN STREET, IMMOKALEE Naser Abueqab, representating S & 0 Grocers, Inc. was present. Investigator Santafemia represented the County noting the violation has not been abated. Special Magistrate Order: 10/3/14 No. 5092 Page: 1860 Fine Amount: $250/day Duration: 11/4/14 —2/5/15 (95 days) Total Fine Amount: $23,750.00 Unpaid Operational Costs: $114.50 Unpaid Civil Penalty: $500.00 Total to Date: $24,364.50 Mr. Abueqab testified: • He was unaware of the previous Order as he has never received any notification from the County. 8 February 6, 2015 • The property was purchased before the economic downturn and at this point it is not economically feasible to renovate the property. • He contends the windows may not need abating as they may be the originally permitted windows. • He has someone police the area on a weekly basis to remove refuse that accumulates from a weekend activity adjacent to the property. • The sign is in "good shape." • He can address the remaining identified issues over the next two weeks. Ms. Adams reported an Order was sent to his place of business via certified mail, but was returned. Special Magistrate Garretson noted the Ordinance requires proper notification be given regarding an order, not proof of receipt. Special Magistrate Garretson CONTINUED the case until the March 6, 2015 and requested that Staff provide a copy of applicable County codes, building codes, etc. to the Respondent and that the Respondent begin abating as many of the violations possible. Fines are stayed, but an unpaid Civil Penalty remains valid and Operational Costs in the amount of$114.50 are to be paid. Total Amount Due: $614.50 IX. REPORTS 1. CASE NO: DAS1529-CEEX20140017636 OWNER: MICHAEL LOPEZ OFFICER: K. LYNCH VIOLATIONS: CODE OF LAW&ORD., CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B). RUNNING AT LARGE ON A BUSINESS PARKING LOT IN THE 900 BLOCK OF COMMERCIAL BLVD. VIOLATION ADDRESS: COMMERCIAL BLVD,NAPLES Mr. Lopez reported there have been no incidents with his dog running at large. Special Magistrate Garretson excused Mr. Lopez from his monthly reporting duty. Break: 12:47 p.m. Reconvened: 1:11 p.m. VI. PUBLIC HEARINGS (Continued) B. Hearings 4. CASE NO: DAS17490-CEEX20150000296 OWNER: STEVEN KENNEDY OFFICER: KYRA LYNCH VIOLATIONS: CODE OF LAW& ORD., CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B) DOG RUNNING AT LARGE VIOLATION ADDRESS:BRANTLEY BLVD,NAPLES Cases 4 and 5 were combined 5. CASE NO: DAS17066-CEEX20140025717 OWNER: STEVEN KENNEDY OFFICER: KYRA LYNCH VIOLATIONS: CODE OF LAW&ORD., CHAPTER 14,ARTICLE II, SECTION 14-34(1)(B) 9 February 6, 2015 DOG RUNNING AT LARGE VIOLATION ADDRESS: BRANTLEY BLVD,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 The Respondent was not present. Officer Lynch was present. County Evidence Entered: Composite Exhibit A: Domestic Animal Services Report Exhbit B: 1 photo of the dog running at large. Officer Lynch was present and testified the dog has been picked up 9 times for running at large. After hearing testimony and reviewing the Evidence, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to pay fines in the amount of $300.00, Operational Costs in the amount of$50.00 and a $7.00 Administrative Fee for each case. Total Amount Due: $714.00 10. CASE NO: CEPM20140022233 OWNER: MARY ALICE REILLEY TR, LEE P.WILSON TR,MARY ALICE REILLEY REV TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(15). POOL WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO: 62713480007 VIOLATION ADDRESS: 850 93RD AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/16/15 Supervisor Mucha presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 11/6/14 Exhibit B: 1 photo dated 12/11/14 The violation remains as of 2/6/15. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$115.48 incurred in the prosecution of the case on or before March 6, 2015. 2. Chemically treat the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatments by February 13, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rain water by February 13, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains unabated. 10 February 6, 2015 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.48 12. CASE NO: CEPM20140024204 OWNER: RICHARD L.GOSSARD JR AND EVONNE M. ESTEP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-242 AND 22-241(1). UNSECURED RESIDENTIAL STRUCTURE AND BOARDING WITHOUT APPLICABLE COLLIER COUNTY BOARDING CERTIFICATE. FOLIO NO: 62156880002 VIOLATION ADDRESS: 5310 SHOLTZ STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/20/15 Investigator Kincaid presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 12/3/14 Exhbiti B: 1 photo dated 2/5/15 The violation remains as of 2/5/15 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$115.25 incurred by Code Enforcement during the prosecution of the case on or before March 6, 2015. 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code on or before February 13, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains unabated thereafter, or; 3. Obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before February 13, 2015 and obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code before August 6, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County 11 February 6, 2015 Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 14. CASE NO: CEPM20120001293 OWNER: ELSA PERDOMO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(I)AND 22-231(12)(N). BROKEN WINDOWS AND A DAMAGED WOODEN GATE. FOLIO NO: 36309840003 VIOLATION ADDRESS: 5352 23RD PL SW,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/20/15 Supervisor Musse presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 1/24/12 Exhbiti B: 1 photo dated 4/26/12 Exhibit C: 1 photo dated 1/15/13 Composite Exhbiti D: 2 photos dated 1/16/15 The violation remains as of 2/5/15 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTYof the alleged violation and ordered to: 1. Pay the Operational Costs of$115.25 incurred by Code Enforcement during the prosecution of the case on or before March 6, 2015. 2. Abate the violation by obtaining required Collier County Building Permits or Demolition permits, inspections and a Certificate of Completion/Occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code on or before March 6, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains unabated thereafter, or; 3. Obtain a Collier County Boarding Certificate and board the structure to the required specifications on or before February 13, 2015 and obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for all repairs required to bring the property into compliance with the Collier County property maintenance code and the Florida Building Code before August 6, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 12 February 6, 2015 16. CASE NO: CEV20140022938 OWNER: KEVIN S. BUNDY OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 130,ARTICLE III, SECTION 130-96(A). BOAT ON TRAILER IN DRIVEWAY. FOLIO NO: 62416560004 VIOLATION ADDRESS: 773 103RD AVENUE N,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/22/15 Investigator Box presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 12/30/14 The violation remains as of 2/5/15 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay operational costs in the amount of$115.18 incurred in the prosecution of this case by March 6, 2015. 2. Store the boat in the rear yard or in a completely enclosed building or carport or remove it from the property by February 13, 2015 or a fine of$50.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 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 the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.18 C. Emergency Cases: None VII. NEW BUSINESS (Continued) C. Motion for Imposition of Fines: I. CASE NO: CEPM20140018287 OWNER: NATASHA WARD OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C)AND 22-231(12)(P). ROOF DAMAGE AND CEILING DAMAGE TO THE INSIDE OF THE HOUSE. FOLIO NO: 24980760006 VIOLATION ADDRESS:2057 HOLIDAY LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/16/15 The Respondent was not present. 13 February 6, 2015 Supervisor Mucha presented the case noting the violation has not been abated. Fine Amount: $100/day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $230.43 Total to Date: $3,430.43 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$3,430.43. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CESD20140018438 OWNER: ARLP TRUST 4 OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). POOL ENCLOSURE HAS BEEN REMOVED WITHOUT PROPER COLLIER COUNTY PERMITS. FOLIO NO: 37927720009 VIOLATION ADDRESS:4225 11TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/23/15 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 12/5/14 Fine Amount: $100/day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $230.13 Total to Date: $3,430.13 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$3,430.13. Said amount to become a lien on the property with fines continuing to accrue. 11. CASE NO: CENA20140017831 (this item was heard before Item 5) OWNER: TERRY DILOZIR OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS THAT EXCEED 18 INCHES. FOLIO NO: 36129040009 VIOLATION ADDRESS:4913 18TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 1/26/15 Date of Hearing Notice Property/Courthouse Posting: 1/20/15 The Respondent was not present. Supervisor Mucha presented the case noting the violation has been abated by the County. Fine Amount: $100.00/day Duration: 9 days Total Fine Amount: $900.00 Unpaid Abatement Costs: $58.00 14 February 6, 2015 Unpaid Operational Costs: $230.06 Total to Date: $1,188.06 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$1,188.06. Said amount to become a lien on the property. 5. CASE NO: CEV20140017301 OWNER: STEPHEN W.SCHESSLER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, STORAGE AND USE OF VEHICLE CONTROL ORDINANCE,CHAPTER 130,ARTICLE III, SECTION 130-95 AND 97(3). REPEAT VIOLATION OF INOPERABLE/UNREGISTERED VEHICLE IN DRIVEWAY/ON PROPERTY. FOLIO NO: 70971000004 VIOLATION ADDRESS: 1216 ROSEMARY LANE,NAPLES Date of Hearing Notice by Certified Mail: 1/23/15 Date of Hearing Notice Property/Courthouse Posting: 1/16/15 The Respondents were not present. Investigator Santafemia presented the case noting the violation has not been abated. Special Magistrate Order: 12/5/14 Fine Amount: $50.00/day Duration: 56 days Total Fine Amount: $2,800.00 Unpaid Operational Costs: $230.28 Unpaid Civil Penalty: $150.00 Total to Date: $3,180.28 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$3,180.28. Said amount to become a lien on the property with fines continuing to accrue. 10. CASE NO: CEPM20140012247 OWNER: TIMOTHY R. MCCORKLE AND SHARON MCCORKLE OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(N)AND(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION AND ACCESSORY SCREEN STRUCTURE IN DISREPAIR. FOLIO NO: 81216008585 VIOLATION ADDRESS: 3282 STURGEON BAY CT,NAPLES Date of Hearing Notice by Certified Mail: 1/26/15 Date of Hearing Notice Property/Courthouse Posting: 1/17/15 The Respondents were not present. Investigator Santafemia presented the case noting the violation has been abated however Operational Costs in the amount of$230.13 have not been paid. Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$230.13. Said amount to become a lien on the property. 15 February 6, 2015 12. CASE NO: CEPM20140008380 OWNER: JOSEPH C. LESTER OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(N)AND 22-231(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION,AND ACCESSORY SCREENED STRUCTURE IN DISREPAIR. FOLIO NO: 22683000586 VIOLATION ADDRESS:4395 KENTUCKY WAY,AVE MARIA Date of Hearing Notice by Certified Mail: 1/26/15 Date of Hearing Notice Property/Courthouse Posting: 1/23/15 The Respondent was not present. Supervisor Mucha presented the case noting the violation has been abated by the County. Fine Amount: $250.00/day Duration: 38 days Total Fine Amount: $9,500.00 Unpaid Abatement Costs: $1,603.00 Unpaid Operational Costs: $230.50 Total to Date: $11,333.50 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$11,333.50. Said amount to become a lien on the property. 8. CASE NO: CEAU20140014415(this item was heard after item 12) OWNER: DAVID FALATO AND ZENAIDA FALATO OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND ADMINISTRATION, PART 1, SCOPE AND APPLICATION, SECION 105 PERMITS, 105.1 REQUIRED. UNPERMITTED FENCE CONSTRUCTED IN THE REAR OF THE PROPERTY. OWNER/OCCUPANT DID NOT COMPLETE PERMITTING APPLICATION PROCESS. FOLIO NO: 77210960002 VIOLATION ADDRESS: 130 2ND STREET,NAPLES Date of Hearing Notice by Certified Mail: 1/26/15 Date of Hearing Notice Property/Courthouse Posting: 1/23/15 The Respondent was not present. Supervisor Snow presented the case noting the violation has been abated but not in the prescribed time frame. Fine Amount: $50.00/day Duration: 4 days Total Fine Amount: $200.00 Unpaid Operational Costs: $230.28 Total to Date: $430.28 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$430.28. Said amount to become a lien on the property. 16 February 6, 2015 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in the 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 the Submitted Executive Summary. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's Request. x. NEXT MEETING DATE: March 6,2015, at 9:00 A.M. at the Collier County Government Center, 3299 Tamiami Trail East, Building F, 3rd Floor, Naples, Florida. There being no further business for the good of the County, the Hearing was adjourned by Order of Special Magistrate Garretson at 1:55 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING BE a Garre son, Special Magistrate The Minutes were approved by the Special Magistrate on M l8,4 ao , as presented v or as amended