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CESM Minutes 04/03/2015 April 3, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 3, 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 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: April 3,2015 at 9:00 A.M. LOCATION: Collier County Government Center,3299 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. I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—March 6,2015 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1 B. Hearings 1. CASE NO: S0177308-CEEX20150002285 OWNER: NINA E.NEUMANN OFFICER: DEPUTY SNYDER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: SPORTS AUTHORITY,NAPLES 2. CASE NO: S0141239-CEEX20150002937 OWNER: LOUIS FARONE AND SALLY FARONE OFFICER: DEPUTY STEED VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 5926 PREMIER WAY,NAPLES 3. CASE NO: S0180548-CEEX20150003758 OWNER: MARILYN PYLE AND GERALD MOSLEY OFFICER: DEPUTY MIRONOV VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 3721 TAMIAMI TRAIL E,NAPLES 4. CASE NO: S0180809-CEEX20150004348 OWNER: PAUL LIBERTI OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,IN ACCESS AREA VIOLATION ADDRESS: NAPLES FITNESS,NAPLES 5. CASE NO: S0153225-CEEX20150004894 OWNER: ROBERT SISSINGH OFFICER: DEPUTY BRADLEY VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 UNLAWFUL AREA,COUNTY RIGHT OF WAY VIOLATION ADDRESS: 500 BLOCK OF 91ST AVE N,NAPLES 6. CASE NO: SO167802-CEEX20150004900 OWNER: MERLYN BUSH AND ROBERTA BUSH OFFICER: DEPUTY DORNBACK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: PUBLIX AT COLLIER AND PINE RIDGE,NAPLES 2 7. CASE NO: PR053548-CEEX20150003742 OWNER: JOHN SHUPENIUK OFFICER: PARK RANGER M.ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA,LAMINATED BEACH PARKING STICKER VIOLATION ADDRESS: CONNER PARK,NAPLES 8. CASE NO: PR053728-CEEX20150005346 OWNER: PHILIP E.QUINLAN OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT,PERMIT EXPIRED VIOLATION ADDRESS: BAREFOOT BEACH ACCESS,NAPLES 9. CASE NO: CE001351-CEVFH20150003877 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO COLLIER COUNTY DRIVER ID. VIOLATION ADDRESS: GOLDEN TERRACE ELEMENTARY,NAPLES 10. CASE NO: CE001352-CEVFH20150003893 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS: GOLDEN TERRACE ELEMENTARY,NAPLES 11. CASE NO: CE001353-CEVFH20150003898 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-34(B) INSURANCE VIOLATION. VIOLATION ADDRESS: GOLDEN TERRACE ELEMENTARY,NAPLES 12. CASE NO: PU5198-CEEX20150003740 OWNER: MAUREEN MORAN INC. OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-129, SECTION(Al)(C)(El). FIRE BACKFLOW DEVICE WITH METER#40453420 WITH 3/4"DEVICE SERIAL#V3790 AND 4" DEVICE SERIAL#N4655 BOTH FAILED LAST REQUIRED ANNUAL INSPECTION,NO REPAIRS COMPLETED. DEVICE HAS NOT BEEN RE-CERTIFIED. FOLIO NO: 78567000342 VIOLATION ADDRESS: 3200 SAN MARCO ROAD,NAPLES 3 13. CASE NO: PU5165-CEEX20150004207 OWNER: THOMAS C.RAVANA OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION F(3)(4). COLLIER COUNTY PUBLIC UTILITIES SHUT OFF WATER SERVICE DUE TO NON- PAYMENT AND CUSTOMER HAS TAMPERED WITH LOCK THREE TIMES TO ESTABLISH CONNECTION ILLEGALLY PROMPTING METER TO BE PULLED BY THE DISTRICT. FOLIO NO: 49084002360 VIOLATION ADDRESS: 5688 HAMMOCK ISLES DRIVE,NAPLES 14. CASE NO: DAS17829-CEEX20150004149 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS: 4160 16TH AVE SE,NAPLES 15. CASE NO: DAS17830-CEEX20150004151 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (E) TO TRESPASS,AS TO DAMAGE OR DESTROY ANY PROPERTY OR THING OF VALUE. VIOLATION ADDRESS: 4160 16TH AVE SE,NAPLES 16. CASE NO: DAS17833-CEEX20150004153 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS: 4160 16TH AVE SE,NAPLES 17. CASE NO: DAS17839-CEEX20150003767 OWNER: HUMBERTO FERRERA OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS: 2443 29TH AVE NE,NAPLES 18. CASE NO: DAS17840-CEEX20150003775 OWNER: HUMBERTO FERRERA OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (E) TO TRESPASS UPON PRIVATE OR PUBLIC PROPERTY SO AS TO DAMAGE OR DESTROY ANY PROPERTY OR THING OF VALUE VIOLATION ADDRESS: 3170 31ST AVE NE,NAPLES 4 19. CASE NO: CESD20150000719 OWNER: ALFREDO A.TOLEDO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). WOODEN CARPORT AND SHED CONSTRUCTED WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36110600005 VIOLATION ADDRESS: 2384 50TH TERRACE SW,NAPLES 20. CASE NO: CEAU20140013352 OWNER: DIANE VESSELLS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105 PERMITS, SUBSECTION 105.1. SIX FOOT WOODEN FENCE BUILT ON UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01214920755 VIOLATION ADDRESS: 48 BEAVER LANE,OCHOPEE 21. CASE NO: CESS20140025049 OWNER: MICHAEL J.CONDELLO AND GEOFFREY FRANK CONDELLO OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 5.06.06(N). CLOUDY HEADLIGHT SIGNS PLACED IN THE COUNTY RIGHT OF WAY. VIOLATION ADDRESS: ITINERANT AND TRANSIENT IN NATURE 22. CASE NO: CEPM20140020881 OWNER: KIMBERLY M.HARRINGTON AND JAMES W.HARRINGTON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C)AND SECTION 22-242.UNSECURED VACANT DWELLING WITH ROOF DAMAGE. FOLIO NO: 47971480000 VIOLATION ADDRESS: 1103 WISCONSIN DRIVE,NAPLES 23. CASE NO: CESD20140009841 OWNER: TOD FARRINGTON AND JENNIFER FARRINGTON OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).METAL SHED(TED SHED APPROXIMATELY 10 X 6)IN THE BACK YARD OF IMPROVED RESIDENTIAL PROPERTY WITH AN EXPIRED PERMIT AND WITHOUT OBTAINING A CERTIFICATE OF COMPLETION. FOLIO NO: 01134000001 VIOLATION ADDRESS: 220 OLD TRAIN LANE,COPELAND 5 24. CASE NO: CEROW20140002827 OWNER: PETE'S TRAILER PARK OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II,CONSTRUCTION IN THE PUBLIC RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-32. PER TRANSPORTATION,THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS, IT HAS COLLAPSED OR RUSTED THROUGH OR IS EXPOSED,MAKING IT IN NEED OF REPAIR. FOLIO NO: 00232560004 VIOLATION ADDRESS: 16061 CR 858, IMMOKALEE 25. CASE NO: CEPM20140021662 OWNER: GEORGE J. SORBARA AND JENNIFER TARVIN SORBARA OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1)AND 22-231(12)(C). ROOF IN DISREPAIR. FOLIO NO: 24021600009 VIOLATION ADDRESS: 151 BURNING TREE DRIVE,NAPLES 26. CASE NO: CENA20150000956 OWNER: MIRABILIO FAMILY TRUST OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECITON 54-181 AND SECTION 54-179,COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03. UNAUTHORIZED ACCUMULATION OF LITTER,AND PROHIBITED OUTDOOR STORAGE. FOLIO NO: 49531760003 VIOLATION ADDRESS: 52 HENDERSON DRIVE,NAPLES 27. CASE NO: CEV20150003621 OWNER: MIRABILIO FAMILY TRUST OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLE. FOLIO NO: 49531760003 VIOLATION ADDRESS: 52 HENDERSON DRIVE,NAPLES 28. CASE NO: CENA20150000025 OWNER: ANTHONY IANNO JR AND SANTO A.IANNO OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179 AND 54-184(A). ACCUMULATION OF LITTER AND DEBRIS ON PROPERTY. FOLIO NO: 67340360003 VIOLATION ADDRESS: 883 CASSENA ROAD,NAPLES 6 29. CASE NO: CESD20140020942 OWNER: ALBERT ANGELO FALCIONE TR AND JULIET FALCIONE TR OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A), 10.02.06(B)(1)(E)AND FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17.1 THROUGH 424.2.17.3. REMOVED POOL BARRIER AND PART OF THE POOL WHICH ROSE OUT OF THE GROUND WITHOUT OBTAINING REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 65272960007 VIOLATION ADDRESS: 288 CYPRESS WAY W,NAPLES 30. CASE NO: CEPM20150001957 OWNER: ANA N. LOPEZ AND RICARDO PINA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-242. VACANT UNSECURED DWELLING WITH MISSING SLIDER DOORS. FOLIO NO: 39962680005 VIOLATION ADDRESS: 3720 35TH AVENUE NE,NAPLES 31. CASE NO: CEV20150001823 OWNER: HARRY F.HOFFMEISTER AND JOSEPHINE A.HOFFMEISTER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A). RECREATIONAL VEHICLE PARKED/STORED ON DRIVEWAY. FOLIO NO: 71020280101 VIOLATION ADDRESS: 1005 RIDGE STREET,NAPLES 32. CASE NO: CEPM20140018109 OWNER: RCE TENNIS ENTERPRISES LLC,ROBERT L.HINRICHS AND ELIZABETH E. HINRICHS REVOCABLE TRUST OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N). FENCE IN DISREPAIR ON THE NORTH SIDE OF THE TENNIS COURTS. FOLIO NO: 25970000801 VIOLATION ADDRESS: 1301 IMPERIAL GOLF COURSE BLVD,NAPLES 33. CASE NO: CEEX20150005519 OWNER: JESSIE KING OFFICER: PAUL MORRIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE II, SECTION 14-36. DANGEROUS DOG. VIOLATION ADDRESS: 2ND AVENUE SE,NAPLES 7 C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CENA20140018422 OWNER: 901 CARDINAL ST. LAND TRUST OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179.ACCUMULATION OF LITTER IN THE REAR YARD CONSISTING OF BUT NOT LIMITED TO: BOXES,BINS,TARPS,BLANKETS,FURNITURE,TIRES, BICYCLES,ETC. FOLIO NO: 32480240005 VIOLATION ADDRESS: 901 CARDINAL STREET,NAPLES 2. CASE NO: CEPM20120016343 OWNER: JOSEPH FERIO 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 51ST STREET SW,NAPLES 3. CASE NO: CESD20120006106 OWNER: FRED THOMAS JR AND CHERRYLE P.THOMAS OFFICER: INVESTIGATOR WELDON J WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SHED INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242560001 VIOLATION ADDRESS: 1205 ORCHID AVENUE,IMMOKALEE 4. CASE NO: CEROW20140002207 OWNER: MWJR LLC OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A).NO COLLIER COUNTY PERMITS FOR CULVERT AND CULVERT IS DAMAGED. FOLIO NO: 00729560009 VIOLATION ADDRESS: 186 PRICE STREET,NAPLES 8 5. CASE NO: CEPM20140013513 OWNER: TRIMINEA CAPITAL LLC OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 52250010982 VIOLATION ADDRESS: 5133 INAGUA WAY,NAPLES 6. CASE NO: CEVR20140017210 OWNER: RICHARD F.WILD OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4, SECTION 4.06.01(D)(1).VEGETATION BLOCKING VISION. FOLIO NO: 73930040002 VIOLATION ADDRESS: 1055 POMPEI LANE,NAPLES 7. 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 8. CASE NO: CEPM20140013963 OWNER: MARJORIE LANE EST OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 52250009883 VIOLATION ADDRESS: 5283 HAWKESBURY WAY,NAPLES 9. CASE NO: CENA20140016288 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, ENVIRONMENT. WEEDS,LITTER,AND EXOTICS,DECLARATION OF PUBLIC NUISANCE CHAPTER 54,ARTICLE VI, SECTION 54-185(B). REPEAT VIOLATION OF WEEDS IN EXCESS OF 18 INCHES AT THIS LOCATION. FOLIO NO: 3055000054 VIOLATION ADDRESS: 2600 COACH HOUSE LANE,NAPLES 9 10. CASE NO: CEPM20140014264 OWNER: RANDALL A.PATTERSON OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181 AND 54-185(A);CHAPTER 22,ARTICLE VI, SECTIONS 22-231(12)(B), (12)(I),(12)(N),AND(19). WEEDS OVER 18 INCHES IN HEIGHT IN REAR YARD OF RESIDENTIAL PROPERTY;LITTER INCLUDING BUT NOT LIMITED TO: PALM FRONDS IN DRIVEWAY,OLD PHONE BOOK,CARPET REMNANT,AND MISCELLANEOUS ITEMS LEFT ON EXTERIOR OF VACANT HOME. MOLD AND/OR MILDEW ON EXTERIOR WALL AT REAR OF HOUSE NEAR POOL EQUIPMENT AND ON LANAI SURFACE,MULTIPLE TORN POOL CAGE SCREENS. FOLIO NO: 82537680005 VIOLATION ADDRESS: 155 MENTOR DRIVE,NAPLES 11. CASE NO: CEPM20140020162 OWNER: GW NAPLES LLC OFFICER: INVESTIGATOR 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: 72410001054 VIOLATION ADDRESS: 175 SAN RAFAEL LANE,NAPLES VII. OLD BUSINESS A.Motion to Amend Previously Issued Order: 1. CASE NO: CEAU20140014415 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 B.Motion to Rescind Previously Issued Order: VIII. 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 X. NEXT MEETING DATE: May 1, 2015, at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida XI. ADJOURN 10 April 3, 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 9:00 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: 9:15 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 Item V.0 —Motion for Continuance: • #29-CASE NO: CESD20140020942-ALBERT ANGELO FALCIONE TR AND JULIET FALCIONE TR Under Item V.B —Hearings, the following cases were moved to Item V.A—Stipulations: • #24-CASE NO: CEROW20140002827-PETE'S TRAILER PARK • #25 -CASE NO: CEPM20140021662-GEORGE J. SORBARA AND JENNIFER TARVIN SORBARA Under Item V.B —Hearings, the following cases were withdrawn: • #3 -CASE NO: S0180548-CEEX20150003758-MARILYN PYLE AND GERALD MOSLEY • #4-CASE NO: SO180809-CEEX20150004348-PAUL LIBERTI • #5 -CASE NO: S0153225-CEEX20150004894-ROBERT SISSINGH • #6-CASE NO: SO167802-CEEX20150004900-MERLYN BUSH AND ROBERTA BUSH • #7-CASE NO: PR053548-CEEX20150003742- JOHN SHUPENIUK • #8-CASE NO: PR053728-CEEX20150005346-PHILIP E. QUINLAN • #12 -CASE NO: PU5198-CEEX20150003740-MAUREEN MORAN INC. • #19-CASE NO: CESD20150000719-ALFREDO A.TOLEDO • #20-CASE NO: CEAU20140013352-DIANE VESSELLS • #27-CASE NO: CEV20150003621 -MIRABILIO FAMILY TRUST • #28-CASE NO: CENA20150000025-ANTHONY IANNO JR AND SANTO A. IANNO • #30-CASE NO: CEPM20150001957-ANA N. LOPEZ AND RICARDO PINA • #32-CASE NO: CEPM20140018109-RCE TENNIS ENTERPRISES LLC,ROBERT L. HINRICHS AND ELIZABETH E. HINRICHS REVOCABLE TRUST Under Item VI.A —Motion for Imposition of Fines, the following case was withdrawn: • #11 -CASE NO: CEPM20140020162-GW NAPLES LLC Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES —March 6, 2015 2 April 3, 2015 The minutes of the March 6, 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 1. CASE NO: CESD20140020942 OWNER: ALBERT ANGELO FALCIONE TR AND JULIET FALCIONE TR OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A), 10.02.06(B)(1)(E)AND FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17.1 THROUGH 424.2.17.3. REMOVED POOL BARRIER AND PART OF THE POOL WHICH ROSE OUT OF THE GROUND WITHOUT OBTAINING REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 65272960007 VIOLATION ADDRESS:288 CYPRESS WAY W,NAPLES Julite Falcione was not present but submitted the request in writing. Investigator Mcgonagle represented the County and testified the pool was empty when the water table beneath the surface lifted the pool out of the ground. Repairs which require removal of the pool cage are in process and the area has been temporarily barricaded. She had no objection to the request as there is not a safety concern with the barricade in place. Special Magistrate Garretson GRANTED the Respondent's request and continued the case to the June meeting. C. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEROW20140002827 OWNER: PETE'S TRAILER PARK OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES,ARTICLE II,CONSTRUCTION IN THE PUBLIC RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-32. PER TRANSPORTATION, THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS, IT HAS COLLAPSED OR RUSTED THROUGH OR IS EXPOSED,MAKING IT IN NEED OF REPAIR. FOLIO NO: 00232560004 VIOLATION ADDRESS: 16061 CR 858, IMMOKALEE Investigator Walker requested the hearing. The Stipulation was entered into by Carrie Williams, Secretary/Treasurer of Pete's Trailer Park on March 30, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by May 3, 2015. 3 April 3, 2015 2. Abate all violations obtaining all required Collier County Right of Way permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy by July 3, 2015 or a fine of$100.00 per day will be imposed until the violation is 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. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance 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: $115.25 2. CASE NO: CEPM20140021662 OWNER: GEORGE J. SORBARA AND JENNIFER TARVIN SORBARA OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1)AND 22-231(12)(C). ROOF IN DISREPAIR. FOLIO NO: 24021600009 VIOLATION ADDRESS: 151 BURNING TREE DRIVE,NAPLES Investigator Pulse requested the hearing. The Stipulation was entered into by the George Sorbara on April 3, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by May 3, 2015. 2. Abate all violations by obtaining all required Collier County Building Permit(s), and required inspections and Certificate of Completion/Occupancy. Must comply with all property maintenance requirements including but not limited to maintenance of buildings, structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22,Article VI Property Maintenance. Roof shall be maintained/repaired in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building by July 3, 2015 or a fine of $250.00 per day will be imposed until the violation is 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. 4. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.25 B. Hearings 1. CASE NO: S0177308-CEEX20150002285 4 April 3, 2015 OWNER: NINA E. NEUMANN OFFICER: DEPUTY SNYDER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: SPORTS AUTHORITY,NAPLES Deputy Snyder was not present and Ms. Adams reported the Sheriff's Office was notified of the hearing. Nina Neumann was present and requested the case be Dismissed. Special Magistrate Garretson DISMISSED the Citation. 2. CASE NO: SO141239-CEEX20150002937 OWNER: LOUIS FARONE AND SALLY FARONE OFFICER: DEPUTY STEED VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 5926 PREMIER WAY,NAPLES Deputy Steed was present. Louis and Sally Farone were present. Evidence Entered: Composite Exhibit A: 3 photos of the parking space in question. Mr. Farone testified: • Their car was parked in a space reserved for handicapped individuals. • Neither he or his wife have the proper authorization to park in a space reserved for handicapped individuals. • There is no leased commercial space in the plaza within 400 feet of the space in question. • There were other vacant handicap spaces in the area available for use but it is highly unlikely a handicap patron would utilize the space given there is no leased space in the area. Mrs. Farone testified she was unaware the space was reserved for handicapped patrons when she parked in the space to attend a meeting across the street. Special Magistrate Garretson took the case UNDER ADVISEMENT. Cases 9, 10 and 11 were combined. 9. CASE NO: CE001351-CEVFH2O150003877 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO COLLIER COUNTY DRIVER ID. VIOLATION ADDRESS:GOLDEN TERRACE ELEMENTARY,NAPLES 10. CASE NO: CE001352-CEVFH20150003893 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO COLLIER COUNTY LICENSE TO OPERATE. VIOLATION ADDRESS: GOLDEN TERRACE ELEMENTARY,NAPLES 5 April 3, 2015 11. CASE NO: CE001353-CEVFH20150003898 OWNER: ADOLFINA RIVERA OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-34(B) INSURANCE VIOLATION. VIOLATION ADDRESS:GOLDEN TERRACE ELEMENTARY,NAPLES Adolfina Rivera was present. Investigators Short and Musse represented the County. Evidence Entered: Exhibit A: 1 photo dated 2/27/15 Ms. Rivera's daughter acted as interpreter for her. Ms. Rivera testified: • On February 27, 2015 she dropped off her daughter, 3 grandchildren and 2 other children at school as a favor. • She was driving her son-in-law's vehicle which has no commercial advertising displayed on it. • She was not contacted that morning to provide transportation for a fee. • She undertakes the activity on a daily basis. • The Investigators approached her vehicle and asked why she was stopped as she does not charge a fee for transportation. Investigator Short testified: • On February 24, 2015 they received a complaint from the Collier County Sheriff s Office Youth Relation Office that a vehicle was observed taxiing students to school. • On February 27, 2015, they were on premise conducting surveillance when they observed a blue van discharge 8 passengers. • They requested the driver to pull over and Investigator Musse spoke to Ms. Rivera, the driver of the vehicle. Investigator Musse testified: • He asked Ms. Rivera if she was charging a fee for transporting children to school. • She reported she receives $25 a week as compensation. Ms. Rivera testified: • Her neighbor's children have no transportation to school and she transports them as a favor. • She told the Officer the neighbor gives her$25 every 2 weeks in compensation for gas expenses. After hearing the testimony and reviewing the evidence, Special Magistrate Garretson Dismissed all three citations as there was no commercial intent on Ms. Rivera to provide transportation to the neighbor's children. Break: 10:59 a.m. Reconvened: 11:08 a.m. 26. CASE NO: CENA20150000956 OWNER: MIRABILIO FAMILY TRUST OFFICER: INVESTIGATOR SHERRY PATTERSON 6 April 3, 2015 VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54,ARTICLE VI, SECITON 54-181 AND SECTION 54-179,COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03. UNAUTHORIZED ACCUMULATION OF LITTER,AND PROHIBITED OUTDOOR STORAGE. FOLIO NO: 49531760003 VIOLATION ADDRESS: 52 HENDERSON DRIVE,NAPLES Investigator Patterson represented the County. Evidence Entered: Composite Exhibit A: 3 photos dated 4/1/15 Exhibit B: 1 photo dated 1/20/15 Joe Mirabilio, owner and Joe McKnight, tenant were present. Investigator Patterson reported the violation has been abated in the front of the property, the County is requesting the Special Magistrate order the Respondent to allow the County access to the rear of the property so an inspection can be undertaken to ensure the violation is totally abated. There have been 10 violations issued since 2010. Mr. Mirabilio reported each time he is contacted regarding a violation, he contacts the tenant who abates the violation. Mr. McKnight testified: • He has resided on the property 2 —3 years and is aware of only 1 violation. • He has a lawn maintenance and pool cleaning business that he runs out of the residence. • He has acquired a property where he can store his items in accordance of County Codes. • The day the property was posted for a violation he was in the process of moving his items to the new property and they were on the lawn during the move. • There should no longer be any issues with improper storage of items on site. After hearing the testimony and reviewing the evidince, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of this case by May 3, 2015. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal, or store said items in a completely enclosed structure by May 3, 2015 or a fine of$100.00 per day will be imposed until the violation is 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: $115.25 31. CASE NO: CEV20150001823 OWNER: HARRY F. HOFFMEISTER AND JOSEPHINE A. HOFFMEISTER OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A). RECREATIONAL VEHICLE PARKED/STORED ON DRIVEWAY. FOLIO NO: 71020280101 7 April 3, 2015 VIOLATION ADDRESS: 1005 RIDGE STREET,NAPLES Investigator Pulse represented the County. Evidence Entered: Composite Exhibit A: 5 photos dated 2/4/15, 3/2/15, 3/4/15, 3/5/15 and 3/9/15. Harry Hoffmeister, owner and Chris Neumann, tenant were present. Investigator Pulse testified the issue is a re-occurring violation. In the Fall of 2014 a violation was issued and it was abated by the Respondent. In February of 2/15/15 the boat was observed in the driveway and was removed as of 2/17/15. On 3/4/15 the boat was back in the driveway. As of 4/2/15 it has been removed. She observed the vehicle on routine patrol and did not receive a complaint prompting an investigation. Mr. Hoffmeister testified the tenant uses the boat on the weekend and parks it in the driveway overnight when he's to use it the following day or two. When the violation was issued the boat was in the driveway as the trailer was in need of repair. Mr. Neumann was waiting for parts to be delivered. They intend to provide access to the rear of the property so the boat may be stored in accordance with County Codes. Mr. Neumann reported he was under the impression the boat may be stored temporarily for a period of 7 days 2 times a year in the driveway. He was unaware a permit was required for the temporary storage. At the time the violation was issued he was awaiting parts to repair the trailer. He assured the Magistrate the violation has been abated and it will not occur again. After hearing the testimony and reviewing the evidince, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered them to pay Operational Costs in the amount of$115.10 incurred in the prosecution of this case by May 3, 2015. Total Amount Due: $115.10 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CENA20140018422 OWNER: 901 CARDINAL ST. LAND TRUST OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179.ACCUMULATION OF LITTER IN THE REAR YARD CONSISTING OF BUT NOT LIMITED TO: BOXES,BINS,TARPS, BLANKETS,FURNITURE,TIRES, BICYCLES,ETC. FOLIO NO: 32480240005 VIOLATION ADDRESS:901 CARDINAL STREET,NAPLES Supervisor Snow represented the County and reported the Respondent's are the new owners of a foreclosed property and they abated the violation and paid the Operational Costs associated with the case. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 2. CASE NO: CEPM20120016343 OWNER: JOSEPH FERIO FRANCOIS OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, 8 April 3, 2015 SECTION 22-231 (12)(i)AND 22-231(12)(p). DAMAGED EXTERIOR AND INTERIOR WALLS AND DAMAGED WINDOWS. FOLIO NO: 36117680002 VIOLATION ADDRESS: 1820 515T STREET SW,NAPLES Supervisor Mucha represented the County and reported the Respondent's are the new owners of the property and they abated the violation. Joseph Ferio Francois was present. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 3. CASE NO: CESD20120006106 OWNER: FRED THOMAS JR AND CHERRYLE P.THOMAS OFFICER: INVESTIGATOR WELDON J WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SHED INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242560001 VIOLATION ADDRESS: 1205 ORCHID AVENUE,IMMOKALEE Investigator Walker represented the County and outlined the County's Motion for Imposition of Fines. Special Magistrate Order: 5/2/14 No. 5112 Page: 1520 Fine Amount: $150.00/day Duration: 3/8/15 —4/3/15 (27 days) Total Fine Amount: $4,050.00 Unpaid Operational Costs: $230.21 Total to Date: $4,280.21 Mr. Thomas reported: • The violation has not been abated due to financial constraints. • The shed is used to store items for the Immokalee Chamber of Commerce. • The cost to remove the shed is $1,500.00. • He is investigating the feasibiilty of obtaining a permit for the shed. • He requested he be alloted more time to abate the violation. Special Magistrate Garretson noted Mr. Thomas has had a year to abate the violation Special Magistrate Garretson CONTINUED the case to the next meeting with fined being stayed. 4. CASE NO: CEROW20140002207 OWNER: MWJR LLC OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110, ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A).NO COLLIER COUNTY PERMITS FOR CULVERT AND CULVERT IS DAMAGED. FOLIO NO: 00729560009 VIOLATION ADDRESS: 186 PRICE STREET,NAPLES Investigator Odom represented the County. Martin Walsh, MWJR„ LLC testified shortly after the hearing where he was given until February of 2015 to abate the violation he had a major health issue which required surgery. He 9 April 3, 2015 is back to work and the fill is still being delivered to the site. He does not want to replace the culvert until all the truck hauling has been completed (in about 30 days). Investigator Odom testified the culvert is operational as it exists but needs to be replaced before the rainy season. He had no objection to the request. Special Magistrate Garretson CONTINUED the case to June 5, 2015. 5. CASE NO: CEPM20140013513 OWNER: TRIMINEA CAPITAL LLC OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 52250010982 VIOLATION ADDRESS: 5133 INAGUA WAY,NAPLES Supervisor Mucha represented the County and reported the Respondent's are the new owners of the property and they abated the violation, however Operational Costs in the amount of $115.10 have not been paid. Theresa Cobian, Office Manager for the Respondent was present. Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$115.10. Said amount to become a lien on the property. 6. CASE NO: CEVR20140017210 OWNER: RICHARD F.WILD OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,CHAPTER 4, SECTION 4.06.01(D)(1).VEGETATION BLOCKING VISION. FOLIO NO: 73930040002 VIOLATION ADDRESS: 1055 POMPEI LANE,NAPLES Investigator Pulse represented the County and reported the violated has been abated. Operational costs were paid on the day of the hearing. Glaister Brooks, Five Brothers Land Preservation Company representing Champion Mortgage, the property owner was present. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. Break 12:50 p.m. Reconvened: 1:00 p.m. VI. PUBLIC HEARINGS (Continued) B. Hearings Cases 14, 15 and 16 were combined. 14. CASE NO: DAS17829-CEEX20150004149 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS:4160 16TH AVE SE,NAPLES 10 April 3, 2015 15. CASE NO: DAS17830-CEEX20150004151 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (E) TO TRESPASS,AS TO DAMAGE OR DESTROY ANY PROPERTY OR THING OF VALUE. VIOLATION ADDRESS:4160 16TH AVE SE,NAPLES 16. CASE NO: DAS17833-CEEX20150004153 OWNER: HENRY MURPHY OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS:4160 16TH AVE SE,NAPLES Officer Morris represented the County. Evidence Entered: Composite Exhibit A: DAS packet Henry Murphy was present. Mr. Morris testified that on 1/15/15 he received a complaint regarding 2 dogs running at large, one of which attacked another dog. During the attack a firearm was discharged. Investigation yielded the issuance of citations to Mr. Murphy. Jordann Morenoz testified: • On 1/15/15 at approximately 3:10 p.m. he was working in his garage when he heard his dog yelp and saw 2 dogs on his property that were not his. • The dog that attacked his dog was a German Shepherd weighing approximately 100 lbs. • His wife retrieved his pistol from the residence and he discharged it into the ground near the altercation. • The dogs fled appearing to enter Mr. Murphy's property and proceeded up towards the area of his porch. • He notified the Collier County Sheriff's Office and transported his dog to the veterinarian. • The dog required surgery and has permanent injuries from the incident. Mr. Murphy entered the following evidence: Exhibit 1: Memo dated 1/9/15 Exhibit 2: Photos Mr. Murphy testified: • The incident occurred on January 19, 2015, not January 15, 2015. • His dogs were not involved in the incident. • He has 3 German Shepherd dogs. • He was outside at the time of the alleged incident and heard the gunshot and investigated on site and did not see anything. • The Collier County Sheriff's Office and DAS Officers responded to his residence and he reported the dogs' rabies vaccinations were not current and he corrected the matter. • There are many other dogs that run at large in the area, including German Shepherds. 11 April 3, 2015 • The DAS Officers did not witness the attack and could not describe the dogs in question. • His dogs weigh approximately 45 pounds. Jana Auirtega (Mr. Murphy's daughter) testified: • She was at home on the lanai at the time of the incident. • She heard the gunshot, and at the time the dogs were sleeping beside her. Susie Murphy (Mr. Murphy's wife)testified: • She was at home at the time of the incident. • She heard the gunshot and looked out the window but did not see anything. • It is common for dogs to run at large in the neighborhood. Mr. Morenoz stated the dog in question may have been 75 pounds in weight. Special Magistrate Garretson noted there is a weight discrepancy between Mr. Murphy's dog and the perpetrator and there is not a positive identification of the dog in question. After hearing the testimony and reviewing the evidence, Special Magistrate Garretson DISMISSED the citations issued to the Respondent for Cases 14, 15 and 16. Cases 17 and 18 were combined. 17. CASE NO: DAS17839-CEEX20150003767 OWNER: HUMBERTO FERRERA OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (B) ALLOW A DOG TO RUN AT LARGE VIOLATION ADDRESS:2443 29TH AVE NE,NAPLES 18. CASE NO: DAS17840-CEEX20150003775 OWNER: HUMBERTO FERRERA OFFICER: PAUL MORRIS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 14-34, 1 (E) TO TRESPASS UPON PRIVATE OR PUBLIC PROPERTY SO AS TO DAMAGE OR DESTROY ANY PROPERTY OR THING OF VALUE VIOLATION ADDRESS: 3170 31ST AVE NE,NAPLES Humberto and Karen Ferrera were present. Officer Morris represented the County. Evidence Entered: Composite Exhibit A: DAS packet Marco Lora testified: • On January 1, 2015 he was awoken at 4:30 a.m. to the sound of dogs fighting. • He and his father went outside and witnessed a brown and white dog and another dog attacking their brother's dog. • He chased the brown and white dog off the property. • His brother's dog died as a result of injuries sustained in the attack. 12 April 3, 2015 Officer Morris testified on January 1, 2015, he received complaint of a stray dog confined and he picked up the dog and it was impounded. The dog was later positively identified at the shelter by Mr. Lora as the dog that was involved in the attack. Karen Ferrera testified: • They have 2 dogs who have never escaped the fenced in yard until the day of the incident. • The dogs were home at the time of the attack and were administered medication at 8:00 am that morning. • After administering the medication,they went back to bed and when they awoke later in the day the dogs were missing. • When they canvassed the neighborhood they saw a DAS Officer and queried if they had seen the dogs and he notified them a dog had been picked up earlier in the day. • When they got back home, there was an email from DAS notifying them the dog had been picked up. • Their other dog was found trapped under the shed in the backyard and they believe he never left the yard. • DAS Officers requested a photo of the second dog; they refused as he was not involved in the incident. Officer Morris stated: • Although Ms. Ferrera testified the dogs have never been off site out of their control, on October 14, 2014, their dog(s) were ascertained by DAS Officers for running at large. • He reiterated Mr. Lora positively identified the dog as the perpetrator. Special Magistrate Garretson reported she would take the cases under advisement. Officer Morris stated the Case #17 involves a citation for a dog running at large and the animal was apprehended off the property by DAS Officers. Case#17 Special Magistrate Garretson UPHELD issuance of the Citation and ordered the Respondent to pay a $100.00 fine, Operational Costs of$50.00 and a $7.00 Administrative Fee for a total due of$157.00 by May 3, 2015. Total Amount Due: $157.00 Case #18 Special Magistrate Garretson took the case UNDER ADVISEMENT. 33. CASE NO: CEEX20150005519 OWNER: JESSIE KING OFFICER: PAUL MORRIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 14,ARTICLE I1, SECTION 14-36. DANGEROUS DOG. VIOLATION ADDRESS:2ND AVENUE SE,NAPLES Jessie King was present. Officer Morris represented the County. Evidence Entered: Composite Exhibit A: DAS packet 13 April 3, 2015 Special Magistrate Garretson notified the Respondent the case was an appeal of the County's determination that his dog is a "Dangerous Dog. " Officer Morris testified: • On February 22, 2015 he received a complaint from a property owner on a neighbor's dog repeatedly killing fowl on their property. • On February 23, 2015 he received another report of a killing of the fowl by the dog. Malise Piz testified: • The Respondent's dog has repeatedly entered her property and killed fowl. • They contact Mr. King or his wife and they are non responsive to the issue. • The dog is a pit bull and the King's have offered to pay for the damages, but she wants the activity to cease. • Mr. King's wife is scared of the dog and notified them to "kill the dog" if it comes into yard. • They have chosen to turn the matter over to DAS. • There are numerous times when the fowl have been killed and she has personally witnessed Mr. King's dog kill her fowl on June 6, 2014 and February 23, 2015. • She has small children who are not allowed in their own yard for fear the dog may attack them. • Their yard is fenced in, but the dog enters underneath the fence. John Bosch, DAS Officer testified approximately 29 fowl have been killed since February of 2014. Mr. King entered the following evidence: Exhibit 1: Letter from June Edwards Exhibit 2: Letter from Hezron Edwards Exhibit 14: Photo of Ms. Piz's yard Exhibit 15: Photo of Ms. Piz's goat in his yard Exhibit 16: Photo of Ms. Piz's cat in his yard Exhibit 17: Photo of dog in question Exhibit 18: Photo of dog in question Mr. King testified: • The fowl are in the yard unprotected and there are many animals such as coyotes, bobcats, panthers, etc. that roam the area that could have killed the fowl. • He is aware his dog entered the neighbor's property twice but has never witnessed the dog kill any fowl. • The fowl fly into his yard and fly back over the fence and the dog has never attacked them during these incidents. • His dog is well mannered and he does not believe he is responsible for the attacks. Officer Morris testified that Ms. Piz witnessed the killings on 2 separate events, June 6, 2014 and February 23, 2015. He read the definition of a Dangerous Dog according to the Ordinance which states "Dangerous dog means any dog that according to the records of Animal services: A. Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; 14 April 3, 2015 B. Has more than once severely injured or killed a domestic animal while off the owner's property; or C. Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by Animal Services. After hearing the testimony and reviewing the evidence, Special Magistrate Garretson UPHELD the County's determination Mr. King's dog be deemed a "Dangerous Dog." Break: 3:05 p.m. Reconvened: 3:15 p.m. 13. CASE NO: PU5165-CEEX20150004207 OWNER: THOMAS C.RAVANA OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 134-174, SECTION F(3)(4). COLLIER COUNTY PUBLIC UTILITIES SHUT OFF WATER SERVICE DUE TO NON- PAYMENT AND CUSTOMER HAS TAMPERED WITH LOCK THREE TIMES TO ESTABLISH CONNECTION ILLEGALLY PROMPTING METER TO BE PULLED BY THE DISTRICT. FOLIO NO: 49084002360 VIOLATION ADDRESS: 5688 HAMMOCK ISLES DRIVE,NAPLES Investigator Sanchez represented the County • On 1/20/15 the meter at the above residence was locked due to non payment of services and subsequently "unlocked" by an individual. • The County "locked" the meter and terminated service again. • On 2/23/15 the meter was found unlocked with service restored unlawfully by an individual and the meter was locked again and service terminated by the County. • On 2/27/15 the meter was found unlocked again. • On 3/2/15 the County removed the meter and payment for service was made within 1 hour with service reinstated. The tenant accepted the citation in question issued by the County. • The check issued on 3/2/15 "bounced" and the meter was removed and service was once again terminated by the County. • Subsequently a payment by credit card was made and service was reinstated. • The County recommends fines be imposed for the violation. Finding the notice was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to pay a fine of$500.00, Operational Costs in the amount of$50.00 and an Administrative Fee of 5.00 for a toatl amount due of$555.00 by May 3, 2015. Total Amount Due: $555.00 21. CASE NO: CESS20140025049 OWNER: MICHAEL J.CONDELLO AND GEOFFREY FRANK CONDELLO OFFICER: INVESTIGATOR KITCHELL SNOW VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 5.06.06(N). CLOUDY HEADLIGHT SIGNS PLACED IN THE COUNTY RIGHT OF WAY. VIOLATION ADDRESS: ITINERANT AND TRANSIENT IN NATURE 15 April 3, 2015 The Respondent was not present. Supervisor Snow represented the County. Evidence Entered: Exhibit A: 1 photo dated 2//15 Exhibit B: 3 photos dated 2/8/15 Exhibit C: 1 photo dated 2/9/15 Exhibit D: 1 photo dated 3/8/15 Exhibit E: 1 photo dated 3/26/15 Exhibit D: 1 photo dated 3/26/15 Supervisor Snow testified: • 52 signs advertising repairs of cloudy headlights were removed from the right of way by County Staff • Investigations revealed the owner of the company is Geoffery Frank Condello. • The Respondent was previously cited for a violation in 2012 with fines imposed and the Respondent did not pay the fines. . • He recommended Operational Costs in the amount of$115.03, a Civil Penalty of $5,000 and a fine of$250.00 per sign (52 sign x $250 = $13,000) be imposed for the current cases and any subsequent violations of a fine of$500.00 per sign. Special Magistrate Garretson took the Case UNDER ADVISEMENT. 22. CASE NO: CEPM20140020881 OWNER: KIMBERLY M. HARRINGTON AND JAMES W. HARRINGTON OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C)AND SECTION 22-242.UNSECURED VACANT DWELLING WITH ROOF DAMAGE. FOLIO NO: 47971480000 VIOLATION ADDRESS: 1 103 WISCONSIN DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/16/15 Investigator Connetta presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 10/21/14 Exhibit B: 1 photo dated 4/2/15 The violation remains as of 4/3/15. 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$115.48 incurred in the prosecution of the case by May 3, 2015. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion by May 3, 2015 or a fine of$250.00 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 16 April 3, 2015 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 23. CASE NO: CESD20140009841 OWNER: TOD FARRINGTON AND JENNIFER FARRINGTON OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). METAL SHED(TED SHED APPROXIMATELY 10 X 6)IN THE BACK YARD OF IMPROVED RESIDENTIAL PROPERTY WITH AN EXPIRED PERMIT AND WITHOUT OBTAINING A CERTIFICATE OF COMPLETION. FOLIO NO: 01134000001 VIOLATION ADDRESS:220 OLD TRAIN LANE,COPELAND Date of Hearing Notice by Certified Mail: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/17/15 Investigator Lopez-Silvero presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 5/23/14 The violation remains as of 4/3/15. 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$115.03 incurred in the prosecution of the case by May 3, 2015. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion by May 3, 2015 or a fine of$100.00 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: $115.03 C. Emergency Cases: None VII. NEW BUSINESS (continued) C. Motion for Imposition of Fines: 7. CASE NO: CEPM20120001293 OWNER: ELSA PERDOMO OFFICER: INVESTIGATOR JONATHAN MUSSE 17 April 3, 2015 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: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/17/15 The Respondent was not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 2/6/15 Fine Amount: $250.00/day Duration: 3/7/15 —4/3/15 (28 days) Total Fine Amount: $7,000.00 Unpaid Operational Costs: $230.13 Total to Date: $7,230.13 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$7,230.13. Said amount to become a lien on the property with fines continuing to accrue. 8. CASE NO: CEPM20140013963 OWNER: MARJORIE LANE EST OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 52250009883 VIOLATION ADDRESS: 5283 HAWKESBURY WAY,NAPLES Date of Hearing Notice by Certified Mail: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/17/15 The Respondents were not present. Investigator Santafemia presented the case noting the violation has been abated however Operational Costs in the amount of$230.05 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$230.05. Said amount to become a lien on the property. 9. CASE NO: CENA20140016288 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, ENVIRONMENT. WEEDS,LITTER,AND EXOTICS, DECLARATION OF PUBLIC NUISANCE CHAPTER 54,ARTICLE VI, SECTION 54-185(B). REPEAT VIOLATION OF WEEDS IN EXCESS OF 18 INCHES AT THIS LOCATION. FOLIO NO: 3055000054 VIOLATION ADDRESS:2600 COACH HOUSE LANE,NAPLES Date of Hearing Notice by Certified Mail: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/17/15 18 April 3, 2015 The Respondent was not present. Investigator Santafemia presented the case noting the violation has been abated by the County. Special Magistrate Order: 1/16/15 Fine Amount: $50.00/day Duration: 25 days Total Fine Amount: $1,250.00 Unpaid Abatement Costs: $35.00 Unpaid Civil Penalty: $150.00 Unpaid Operational Costs: $230.28 Total to Date: $1,665.28 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 $1,665.28. Said amount to become a lien on the property. 10. CASE NO: CEPM20140014264 OWNER: RANDALL A. PATTERSON OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTION 54-181 AND 54-185(A);CHAPTER 22,ARTICLE VI, SECTIONS 22-231(12)(B), (12)(I), (12)(N), AND(19). WEEDS OVER 18 INCHES IN HEIGHT IN REAR YARD OF RESIDENTIAL PROPERTY;LITTER INCLUDING BUT NOT LIMITED TO: PALM FRONDS IN DRIVEWAY, OLD PHONE BOOK,CARPET REMNANT,AND MISCELLANEOUS ITEMS LEFT ON EXTERIOR OF VACANT HOME.MOLD AND/OR MILDEW ON EXTERIOR WALL AT REAR OF HOUSE NEAR POOL EQUIPMENT AND ON LANAI SURFACE,MULTIPLE TORN POOL CAGE SCREENS. FOLIO NO: 82537680005 VIOLATION ADDRESS: 155 MENTOR DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 3/19/15 Date of Hearing Notice Property/Courthouse Posting: 3/17/15 The Respondent was not present. Investigator Santafemia presented the case noting the violation has been partially abated. Fine Amount: Part B:$50.00/day; Part C:$50.00/day Part D:$100.00/day; Part E $100.00/day Duration: Part B: 24 days; Part C: 24 days; Part D: 88 days; Part E: 88 days Total Fine Amount: $20,000.00 Unpaid Abatement Costs: $71.00 Unpaid Operational Costs: $230.36 Total to Date: $20,301.36 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 $20,301.36. Said amount to become a lien on the property with fines continuing to accrue. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEAU20140014415 OWNER: DAVID FALATO AND ZENAIDA FALATO 19 4 April 3, 2015 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 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 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. IX. REPORTS None X. NEXT MEETING DATE: May 1, 2015, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 4:02 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING • enda 'retson, Special Magistrate The Minutes were app ved by the Special Magistrate on IVIAA1 \ 1 , as presented , or as amended 20