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CESM Minutes 08/07/2015 August 7, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 7, 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: August 7,2015 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—June 5,2015 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time 1. 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 1 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: S0177205-CEEX20150010508 OWNER: YASIN AMIN AVILA OFFICER: CORPORAL D.GROSS VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 4795 GOLDEN GATE PKWY,NAPLES 2. CASE NO: S0177851-CEEX20150011520 OWNER: JULIE ANN MINER OFFICER: CORPORAL SOLOMON VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 7985 PRESERVE CIRCLE,NAPLES 3. CASE NO: PR053822-CEEX20150010193 OWNER: THOMAS W.LONG OFFICER: PARK RANGER CYNTHIA GAYNOR VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH VIOLATION ADDRESS: PADDLECRAFT PARK,NAPLES 4. CASE NO: PR053668-CEEX20150008613 OWNER: ANDREA MILLER OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: GOLDEN GATE COMMUNITY PARK,NAPLES 5. CASE NO: PR054524-CEEX20150014087 OWNER: GRACE V.FEECK OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 EXPIRED METER VIOLATION ADDRESS: GULF SHORE ACCESS,NAPLES 2 6. CASE NO: PR053924-CEEX20150008900 OWNER: JULIO ALBERTO DORADO OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO PROPERLY DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 7. CASE NO: PR054138-CEEX20150011524 OWNER: SAM TAMBASCIO OFFICER: PARK RANGER MAURICIO ARAQUISTAIN VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: COCOHATCHEE BOAT RAMP,NAPLES 8. CASE NO: PU4713-CEEX20150010612 OWNER: PULTE HOME CORPORATION OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174,SECTION(N)(Q). WORKER FROM R&R BLOCK CONSTRUCTION COMPANY WAS WITNESSED REMOVING A 3/4 INCH GARDEN HOSE FROM CURBSTOP,NO PROTECTION ON LINE. FOLIO NO: 25117909820 VIOLATION ADDRESS: 16273 CAMDEN LAKES CIRCLE,NAPLES 9. CASE NO: CE001316-CEVFH20150000496 OWNER: MACK ROSE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: RED ROOF INN,NAPLES 10. CASE NO: CE001317-CEVFH20150000497 OWNER: MACK ROSE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: RED ROOF INN,NAPLES 11. CASE NO: CE001423-CEVFH20150012947 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO COLLIER COUNTY DRIVER ID. VIOLATION ADDRESS: MERCATO,NAPLES 3 12. CASE NO: CE001424-CEVFH20150012954 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: MERCATO,NAPLES 13. CASE NO: CE001425-CEVFH20150012956 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B) INSURANCE VIOLATION. VIOLATION ADDRESS: MERCATO,NAPLES 14. CASE NO: CE001411-CEVFH2O150012010 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: MERCATO,NAPLES 15. CASE NO: CE001412-CEVFH2O150012012 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: MERCATO,NAPLES 16. CASE NO: CE001413-CEVFH2O150012013 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B) INSURANCE VIOLATION. VIOLATION ADDRESS: MERCATO,NAPLES 17. CASE NO: CEPM20140020846 OWNER: RAFFY BALLENILLA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236. VACANT FORECLOSED DWELLING WITH MISSING/DAMAGED ROOF DECLARED A DANGEROUS BUILDING BY THE BUILDING INSPECTOR. FOLIO NO: 41933520001 VIOLATION ADDRESS: 6130 HIDDEN OAKS LANE,NAPLES 4 18. CASE NO: CEPM20150003340 OWNER: JUAN GUTIERREZ OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C). PARTS OF THE ROOF AND SOFFIT ARE MISSING AND/OR FALLING AWAY FROM THE HOME. FOLIO NO: 750160009 VIOLATION ADDRESS: 10361 LAREDO STREET,NAPLES 19. CASE NO: CEPM20150003240 OWNER: ROBERT F.LOGAN AND MARY B.LOGAN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(N)AND 22-231(12)(C). TORN SCREENS ON POOL CAGE AND DAMAGED ROOF SOFFIT. FOLIO NO: 80707502106 VIOLATION ADDRESS: 5860 CLOUDSTONE CT,NAPLES 20. CASE NO: CEROW20150003144 OWNER: ARNOLD INDUSTRIAL PARK LLC OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). CONSTRUCTION WORK ON PARKING LOT TO RIGHT OF WAY AND NO PERMIT WAS OBTAINED. FOLIO NO: 274080005 VIOLATION ADDRESS: 3382 MERCANTILE AVENUE,NAPLES 21. CASE NO: CEV20150004624 OWNER: ADRIAN ORTEGA OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.05.03(A). VEHICLE PARKED ON THE GRASS. FOLIO NO: 35641240003 VIOLATION ADDRESS: 4112 23RD PL SW,NAPLES 22. CASE NO: CENA20150005829 OWNER: ROBERT GUIDIDUS OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO CAR PARTS, PLASTICS,WOOD,METALS,CONTAINERS,ETC. FOLIO NO: 36249960001 VIOLATION ADDRESS: 5271 17TH PL SW,NAPLES 5 23. CASE NO: CEPM20150010803 OWNER: BANK OF AMERICA NA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C). VACANT DWELLING WITH ROOF DAMAGE TO THE REAR OF THE STRUCTURE. FOLIO NO: 35641360006 VIOLATION ADDRESS: 4125 GOLDEN GATE PARKWAY,NAPLES 24. CASE NO: CEV20150000559 OWNER: JOEL SALAZAR OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. VEHICLE WITHOUT CURRENT TAGS/REGISTRATION. FOLIO NO: 51242920007 VIOLATION ADDRESS: 1300 ORCHID AVENUE, IMMOKALEE 25. CASE NO: CEPM20150009379 OWNER: 6640 VANCOUVER LN LAND TRUST OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (15). GREEN AND STAGNANT POOL WATER. FOLIO NO: 23946001852 VIOLATION ADDRESS: 6640 VANCOUVER LN,NAPLES 26. CASE NO: CESD20150004134 OWNER: RAFAEL GATO AND ANA TERESA RUEDA TORRES OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED CHICKEN/ROOSTER COOPS LOCATED IN THE REAR YARD. FOLIO NO: 36447960007 VIOLATION ADDRESS: 2865 49TH LN SW,NAPLES 27. CASE NO: CENA20150004877 OWNER: JEAN-LOUIS MAXCEDOINE AND NEDJI MEDARD OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO BROKEN FURNITURE,REFUSE,BUCKETS,ASSORTED METALS AND PLASTICS,ETC.IN THE FRONT AND REAR YARD OF THE ESTATES ZONED PROPERTY. FOLIO NO: 40928440003 VIOLATION ADDRESS: 2960 4TH AVE SE,NAPLES 6 28. CASE NO: CEPM20150001203 OWNER: MARIE L.GILMORE AND ROBERT C.KANTOR OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(P)AND SECTION(19). MOLD AND UNSANITARY CONDITIONS CREATING A SERIOUS HEALTH AND SAFETY ISSUE FOR THE ADJOINING UNIT. FOLIO NO: 54052000004 VIOLATION ADDRESS: 3990 ESTERO BAY LN,NAPLES 29. CASE NO: CESD20150002958 OWNER: SOUTHERNSCAPES SWFL LLC OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). REPLACED FRONT DOOR ON PRIMARY STRUCTURE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT,INSPECTIONS, AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 70921533709 VIOLATION ADDRESS: 620 6TH AVENUE CIRCLE, IMMOKALEE 30. CASE NO: CEPM20150000772 OWNER: DANIEL P.JORDAN AND DONNA KAYE JORDAN OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(N)AND(15). STAGNANT WATER ACCUMULATION ON POOL COVERING AND SCREENS MISSING,RIPPED, OR TORN ON SCREEN CAGE. FOLIO NO: 55002520009 VIOLATION ADDRESS: 349 BAY MEADOWS DRIVE,NAPLES 31. CASE NO: CEEX20150014961 OWNER: GARRET FORBIS OFFICER: KYRA LYNCH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14,ARTICLE II, SECTION 14-36. DANGEROUS DOG. VIOLATION ADDRESS: 9404 AUTUMN HAZE DR,NAPLES C. Emergency Cases: 7 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEROW20140007383 OWNER: FRED J.KAUER OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110,ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION I GENERALLY, SECTION 110-32(1).THE CULVERT/DRAINAGE PIPE HAS FAILED,COLLAPSED OR RUSTED THROUGH. FOLIO NO: 98720004 VIOLATION ADDRESS: 829 SANCTUARY ROAD,NAPLES 2. CASE NO: CESD20140013416 OWNER: ROBERT RIVERS JR AND LEAH MARIE RIVERS OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND THE 2007 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 110.4. HORSE STABLE BUILT WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 36818000004 VIOLATION ADDRESS: 2440 GOLDEN GATE BLVD W,NAPLES 3. 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 4. CASE NO: CEAU20150006578 OWNER: JAIME TRUJILLO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105 PERMITS, SUBSECTION 105.1. A SIX FOOT WOOD FENCE INSTALLED IN THE FRONT YARD OF UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01214920755 VIOLATION ADDRESS: 48 BEAVER LANE,OCHOPEE 5. CASE NO: CEAU20140010855 OWNER: MARK E.JONES OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: THE 2010 FLORIDA BUILDING CODE, SECTION 105.1. PERMIT FOR FENCING EXPIRED AND NO CERTIFICATE OF OCCUPANCY/COMPLETION OBTAINED. FOLIO NO: 81520840002 VIOLATION ADDRESS: 1374 WESTLAKE BLVD,NAPLES 8 6. CASE NO: CESD20150002305 OWNER: IRENE SYLVA EST AND RAFAEL ROSAS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SEVERAL STRUCTURES ERECTED ON THE PROPERTY WITHOUT OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 37741960003 VIOLATION ADDRESS: 141 20TH AVENUE NE,NAPLES 7. CASE NO: CEPM20140015883 OWNER: JOSEPH J.BERES AND KIMBERLY L. BERES OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (19). BEE INFESTATION CREATING AN UNSAFE CONDITION. FOLIO NO: 35641120000 VIOLATION ADDRESS: 4148 23RD PL SW,NAPLES 8. CASE NO: CENA20140023245 OWNER: BILLIE J.PAPINEAU OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). GRASS AND WEEDS OVER 18 INCHES. FOLIO NO: 68096440001 VIOLATION ADDRESS: 3402 BALBOA CIRCLE E,NAPLES 9. CASE NO: CEPM20140020162 OWNER: DENNIS GRESH 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: B.Motion to Rescind Previously Issued Order: 9 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: September 4,2015,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 August 7, 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: 9:15 a.m. Reconvened: 9:30 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: • #14-CASE NO: CE001411-CEVFH20150012010-EDMUND DISTEFANO • #15-CASE NO: CE001412-CEVFH2O150012012-EDMUND DISTEFANO • #16-CASE NO: CE001413-CEVFH2O150012013-EDMUND DISTEFANO Under Item V.B —Hearings, the following cases were moved to Item V.A—Stipulations: • #8-CASE NO: PU4713-CEEX20150010612-PULTE HOME CORPORATION • #29-CASE NO: CESD20150002958-SOUTHERNSCAPES SWFL LLC • #27-CASE NO: CENA20150004877-JEAN-LOUIS MAXCEDOINE AND NEDJI MEDARD • #21 -CASE NO: CEV20150004624-ADRIAN ORTEGA Under Item V.B—Hearings, the following cases were withdrawn: • #1 -CASE NO: S0177205-CEEX20150010508-YASIN AMIN AVILA • #2-CASE NO: S0177851-CEEX20150011520-JULIE ANN MINER • #3 -CASE NO: PR053822-CEEX20150010193-THOMAS W. LONG • #5 -CASE NO: PR054524-CEEX20150014087-GRACE V. FEECK • #6-CASE NO: PR053924-CEEX20150008900-JULIO ALBERTO DORADO • #7-CASE NO: PR054138-CEEX20150011524-SAM TAMBASCIO • #20-CASE NO: CEROW20150003144-ARNOLD INDUSTRIAL PARK LLC • #22-CASE NO: CENA20150005829-ROBERT GUIDIDUS • #24-CASE NO: CEV20150000559-JOEL SALAZAR Under Item V.0 —Emergency Cases,the following cases were added to the Agenda: • #1 -CASE NO: CEPM20150015224-REBECCA ROACH 2 August 7, 2015 • #2-CASE NO: CEPM20150015711-MARIA MUNIZ Under Item VI.A—Motion for Imposition of Fines, the following case was moved to Item IV.0 — Motion for Extension fo Time: • #3 -CASE NO: CEPM20140021662-GEORGE J.SORBARA AND JENNIFER TARVIN SORBARA Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES —June 5, 2015 The minutes of the June 5, 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: CE001411-CEVFH2O150012010 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS:MERCATO,NAPLES Cases 1, 2 and 3 were combined. 2. CASE NO: CE001412-CEVFH2O150012012 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION 142- 33(D) NO DRIVER ID. VIOLATION ADDRESS:MERCATO,NAPLES 3. CASE NO: CE001413-CEVFH2O150012013 OWNER: EDMUND DISTEFANO OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(B) INSURANCE VIOLATION. VIOLATION ADDRESS: MERCATO,NAPLES Mr. Distefano was not present but submitted the Motion for a Continuance in writing. Investigator Musse represented the County and had no objection to the request. Special Magistrate Garretson GRANTED Mr. Distefano's request for a Continuance in the cases until the September meeting. C. Motion for Extension of Time 1. CASE NO: CEPM20140021662 3 August 7, 2015 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 represented the County and testified Mr. Sorbara has been working to abate the violations. Mr. Sorbara testified he is awaiting issuance of permits by the County before undertaking any further work. Special Magistrate Garretson GRANTED Mr. Sorbara's Motion for an Extension of Time until the County returns the case for hearing with the Special Magistrate. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: PU4713-CEEX20150010612 OWNER: PULTE HOME CORPORATION OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 134-174, SECTION(N)(Q). WORKER FROM R&R BLOCK CONSTRUCTION COMPANY WAS WITNESSED REMOVING A 3/4 INCH GARDEN HOSE FROM CURBSTOP,NO PROTECTION ON LINE. FOLIO NO: 25117909820 VIOLATION ADDRESS: 16273 CAMDEN LAKES CIRCLE,NAPLES Investigator Andresky requested the hearing. The Stipulation was entered into by the Respondent's representative Keith Stewart on August 7, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$50.00 incurred in the prosecution of the case. 2. Pay an Administrative Fee of$5.00 incurred in the processing of this case. 3. Pay Civil Penalty of$1,000.00 4. Total Charges are $1,055.00 and due by September 7, 2015. 2. CASE NO: CESD20150002958 OWNER: SOUTHERNSCAPES SWFL LLC OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). REPLACED FRONT DOOR ON PRIMARY STRUCTURE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 70921533709 VIOLATION ADDRESS:620 6TH AVENUE CIRCLE,IMMOKALEE Investigator Rodriguez requested the hearing. The Stipulation was entered into by the Respondent's representative Caleb T. McConnell on August 6, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 4 August 7, 2015 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by September 7, 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 Completion/Occupancy by September 7, 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 3. CASE NO: CENA20150004877 OWNER: JEAN-LOUIS MAXCEDOINE AND NEDJI MEDARD OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI, SECTION 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO BROKEN FURNITURE,REFUSE,BUCKETS,ASSORTED METALS AND PLASTICS, ETC. IN THE FRONT AND REAR YARD OF THE ESTATES ZONED PROPERTY. FOLIO NO: 40928440003 VIOLATION ADDRESS:2960 4TH AVE SE,NAPLES Investigator Asaro requested the Hearing. The Stipulation was entered into by Nedji Medard on August 7, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.63 incurred in the prosecution of the case by September 7, 2015. 2 Remove or cause to remove any unauthorized litter which is a public nuisance by August 14, 2015 a fine of$100.00 per day fine will be assessed for each day that the violation continues. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 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 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: $115.63 5 August 7, 2015 4. CASE NO: CEV20150004624 OWNER: ADRIAN ORTEGA OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.05.03(A). VEHICLE PARKED ON THE GRASS. FOLIO NO: 35641240003 VIOLATION ADDRESS:4112 23RD PL SW,NAPLES Investigator Davidson requested the Hearing. Mr. Ortega was present. Christina Perez translated for Mr. Ortega. The Stipulation was entered into by Adrian Ortega Betancourt on August 7, 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 September 7, 2015. 2. Abate all violations by limiting designated parking to stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete crushed stone, crushed shell, asphalt,pavers or turf parking systems specifically designated for parking automobiles and must limit designated parking areas to 40% of the required front yard or no less than a 20 foot wide driveway by August 10, 2015 a fine of$50.00 per day fine will be assessed for each day that the violation continues. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 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 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 9. CASE NO: CE001316-CEVFH20150000496 OWNER: MACK ROSE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS:RED ROOF INN,NAPLES Cases 9 and 10 combined. 10. CASE NO: CE001317-CEVFH20150000497 OWNER: MACK ROSE OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(D) NO DRIVER ID. 6 August 7, 2015 VIOLATION ADDRESS:RED ROOF INN,NAPLES Investigator Musse represented the County and noted the case was continued to allow Mr. Rose an opportunity to obtain the proper Collier County licenses. Mr. Rose testified he has ascertained the proper licenses required to operate in Collier County. Jason Bridwell, Administrative Supervisor, Contractor Licensing confirmed Mr. Rose's testimony. Special Magistrate Garretson found the Mr. Rose NOT GUILTY of the alleged violations. 11. CASE NO: CE001423-CEVFH20150012947 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(D) NO COLLIER COUNTY DRIVER ID. VIOLATION ADDRESS: MERCATO,NAPLES Cases 11, 12 and 13 were combined. 12. CASE NO: CE001424-CEVFH20150012954 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES, CHAPTER 142,ARTICLE II, SECTION 142- 33(C) NO LICENSE TO OPERATE. VIOLATION ADDRESS: MERCATO,NAPLES 13. CASE NO: CE001425-CEVFH20150012956 OWNER: KELLIS JACKSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142- 33(B) INSURANCE VIOLATION. VIOLATION ADDRESS:MERCATO,NAPLES Investigators Short presented the case. County Evidence Entered: 3 photos dated 6/27/15 Kellis Jackson was present. Mr. Jackson testified on June 27, 2015 he was issued the Citations by Collier County Code Enforcement Investigators. He is a"UBER driver" and contesting all three Citations on the following grounds: 1. He had no intent to pick up patrons in exchange for compensation as he found out 15 minutes prior to the pick up he needed Collier County licenses to operate a vehicle for hire in the County and had ceased working for the evening. His purpose on scene was to notify the patrons he could no longer provide the service. The activity does not meet standard set froth in Collier County Code 142.26 (Vehicle for Hire) which states "Motor Vehicle for Hire"means any motor vehicle operated by a third party driver engaged in the transportation of persons upon the streets of the county with the intent to receive compensation for providing such transportation. " His work log identifies the time he ceased operating his service that evening. 7 August 7, 2015 2. Florida Statute 162.21.b.c.4 states a Citation must contain "The facts constituting reasonable cause" and under the circumstances, the Investigating Officer did not have reasonable cause to detain him given he was not operating a vehicle for hire. Similar to his activity, many other vehicles pulled up to the front of the establishments in the commercial center to pick up passengers (friends, etc.) in lieu of compensation, without being approached by the Investigators. 3. Florida Statute 162.06.2 and 4 provides a standard, "If a violation of the codes is found to have occurred, the code inspector shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond the time specified for correction, the code inspector shall notify an enforcement board and request a hearing. If the code inspector has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety, and welfare or if the violation is irreparable or irreversible in nature, the code inspector shall make a reasonable effort to notify the violator and may immediately notify the enforcement board and request a hearing." In this case, the activity in question, did not meet the threshold of a health, safety and welfare concern and a warning should have been issued. 4. He was unlawfully detained at the scene by the Investigating Officers who do not have police powers to detain an individual. Investigator Short testified: • On the night of the event, Mr. Keller was observed discharging and/or accepting passengers on more than one occasion between 9:30 p.m. and 9:45 p.m. • Investigators approached the vehicle and Mr. Keller told them he was a"UBER driver" and at that point reasonable cause was established to detain Mr. Keller. • Investigator Baldwin observed the incident as well. Investigator Baldwin testified: • On the night of the incident, he was standing beside a group of persons, and as Mr. Keller pulled up in his vehicle, they stated"there's our ride," and ran to enter the vehicle. • He approached the vehicle and asked if he was a"UBER driver" and Mr. Keller replied "yes." • They requested Mr. Keller remain on site and Mr. Keller agreed. Mr. Jackson testified: • He notified the Investigating Officers he was on the phone with someone who was listening to the events and was separately recording the incident in audio format. • The incident was captured on surveillance footage from nearby private commercial establishments. • No passengers exited his vehicle at the scene that evening and he pulled over by the group of individuals to notify them he could not provide a service. • The audio and video tapes of the incidents are not being entered into evidence today, but he may use them upon appeal of a decision issued by the Special Magistrate. 8 August 7, 2015 Special Magistrate Garretson informed Mr. Keller only evidence entered into this proceeding may be utilized in an appeal of her decision. Mr. Keller moved for a continuance so any audio/visual evidence could be obtained and prepared for evidence to be used in the proceeding. Mr. Jackson then stated he never told the Investigating Officers he was a"UBER driver" and signed the Citations unwillingly given the possible penalty for failing to sign a citation. Supervisor Letourneau testified there is a Health, Safety and Welfare issue given a licensed driver is required to have a criminal background check to protect the public from any potential threats. He noted under Section 142.33 of the Motor Vehicle for Hire Ordinance, the Investigator issues a Citation if "a reasonable suspicion that a violation has occurred or is occurring. " The issue of a Citation met this threshold. Jason Bridwell, Administrative Supervisor, Contractor Licensing noted a major Health, Safety and Welfare issue is ensuring the driver is properly insured in case it is involved in an accident causing injury to passengers within or outside the vehicle in question. Mr. Jackson stated Uber does require insurance and criminal background checks addressing the "potential threat" Health, Safety and Welfare issue raised by the County. Special Magistrate Garretson noted the Section cited by Mr. Keller in Florida Statute 162.06 regarding Health, Safety and Welfare aspects deal with"property violations" and do not apply to a Motor Vehicle for Hire. Mr. Jackson summarized his case noting he was not operating a Vehicle For Hire during the event, as there was no intent to collect compensation for a service, he was detained "off the clock" as his work records indicate. Special Magistrate Garretson noted Mr. Keller moved for a continuance. Supervisor Letourneau objected to the Motion for a Continuance as Mr. Keller had ample time to gather evidence and prepare for the case. Mr. Jackson reported in his due diligence he subpoenaed the surveillance tape from one establishment, however, the images were not clear enough to be utilized. He subpoenaed the surveillance tape from a second establishment, closer to the event and they have not responded. He needs the Special Magistrate to subpoena the tape. Special Magistrate Garretson TOOK THE CASE UNDER ADVISEMENT and reported she will subpoena the surveillance tape from the establishment in question. The parties will be provided ample opportunity to review the tape and submit written comments within 15 days of the tape being received by the County. Mr. Jackson stated he would prepare the subpoena and pay the costs associated with having the parties "served." Break: 11:35 a.m. Reconvened: 11:45 a.m. 9 August 7, 2015 17. CASE NO: CEPM20140020846 OWNER: RAFFY BALLENILLA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-236. VACANT FORECLOSED DWELLING WITH MISSING/DAMAGED ROOF DECLARED A DANGEROUS BUILDING BY THE BUILDING INSPECTOR. VIOLATION ADDRESS:6130 HIDDEN OAKS LANE,NAPLES Investigator Connetta represented the County. Raffy Ballenilla was present. Investigator Connetta noted the case was continued from the March 6, 2015 hearing. Mr. Ballenilla testified: • The property was originally foreclosed on by Wells Fargo who entered into an agreement to take title to the property but subsequently reneged on the agreement. • After further negotiations, Wells Fargo titled the property back to Mr. Ballenilla who is now the rightful owner. • During the process the property fell into disrepair. • As requested by the County at the previous hearing in March, he secured the property with a fence and boarded the windows and doors. • He requested time to abate the violation. Supervisor Letourneau did not object to the request, but under the Ordinance, Staff can only grant 30 days to abate and Mr. Ballenilla is requesting substantially more time. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of$115.33 incurred in the prosecution of the case by September 7, 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 February 7, 2016 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 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: $115.33 VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEROW20140007383 OWNER: FRED J. KAUER OFFICER: INVESTIGATOR ERIC SHORT 10 August 7, 2015 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110, ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY, DIVISION I GENERALLY, SECTION 110-32(1). THE CULVERT/DRAINAGE PIPE HAS FAILED,COLLAPSED OR RUSTED THROUGH. FOLIO NO: 98720004 VIOLATION ADDRESS: 829 SANCTUARY ROAD,NAPLES Mr. Kauer was present. Investigator Santafemia reported the violation has been abated however not in the prescribed time frame. Abatement Date: 7/27/15 Special Magistrate Order: No. 5092 - Page: 1854 Fine Amount: $200.00/day Duration: 4/4/15 —7/27/15 (115 days) Total Fine Amount: $23,000.00 Unpaid Operational Costs: $114.95 Total to Date: $23,114.95 Special Magistrate Garretson WAIVED THE ASSESSMENT OF FINES but ordered the Respondent to pay the $114.95 due in Operational Costs by August 14, 2015. 2. CASE NO: CESD20140013416 OWNER: ROBERT RIVERS JR AND LEAH MARIE RIVERS OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND THE 2007 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 110.4. HORSE STABLE BUILT WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 36818000004 VIOLATION ADDRESS:2440 GOLDEN GATE BLVD W,NAPLES Mr. Rivers was present. Investigator Santafemia reported the violation has been abated however not in the prescribed time frame. Abatement Date: 8/6/15 Special Magistrate Order: No. 5112 - Page: 1554 Fine Amount: $250.00/day Duration: 6/6/15 — 8/6/15 (62 days) Total Fine Amount: $15,500.00 Unpaid Operational Costs: $114.95 Total to Date: $15,614.95 Special Magistrate Garretson WAIVED THE ASSESSMENT OF FINES but ordered the Respondent to pay the $114.95 due in Operational Costs by August 14, 2015. 4. CASE NO: CEAU20150006578 OWNER: JAIME TRUJILLO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: 2010 FLORIDA BUILDING CODE,CHAPTER 1,PART 1, SECTION 105 PERMITS, SUBSECTION 105.1. A SIX FOOT WOOD FENCE INSTALLED IN THE FRONT YARD OF UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST 11 August 7, 2015 OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01214920755 VIOLATION ADDRESS:48 BEAVER LANE,OCHOPEE Mr. Trujillo was present. Supervisor Mucha reported the violation has been abated however not in the prescribed time frame. Abatement Date: 7/29/15 Special Magistrate Order: 6/5/15 No. 5112 - Page: 1554 Fine Amount: $100.00/day Duration: 7/6/15 —7/29/15 (24 days) Total Fine Amount: $2,400.00 Unpaid Operational Costs: $114.95 Total to Date: $2,514.95 Special Magistrate Garretson WAIVED THE ASSESSMENT OF FINES but ordered the Respondent to pay the $114.95 due in Operational Costs by September 7, 2015. 5. CASE NO: CEAU20140010855 OWNER: MARK E.JONES OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: THE 2010 FLORIDA BUILDING CODE, SECTION 105.1. PERMIT FOR FENCING EXPIRED AND NO CERTIFICATE OF OCCUPANCY/COMPLETION OBTAINED. FOLIO NO: 81520840002 VIOLATION ADDRESS: 1374 WESTLAKE BLVD,NAPLES Mr. Jones was present. Supervisor Mucha reported the violation has been abated however Operational Costs in the amount of$114.95 have not been paid. Mr. Jones requested any fines due on the violation be waived. Special Magistrate Garretson WAIVED THE ASSESSMENT OF FINES but ordered the Respondent to pay the $114.95 due in Operational Costs by September 7, 2015. VI. PUBLIC HEARINGS (Continued) B. Hearings 4. CASE NO: PR053668-CEEX20150008613 OWNER: ANDREA MILLER OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: GOLDEN GATE COMMUNITY PARK,NAPLES Date of Hearing Notice by Certified Mail: 9/20/12 Ranger Maunz was present. Ms. Adams reported Ms. Miller was present earlier in the day but left the meeting. Evidence Entered: Composite Exhibit A: 1 photo dated 4/15/15. 12 August 7, 2015 Ranger Maunz testified on the day of the incident (April 15, 2015), Park Ranger Gorniak observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. After hearing the evidence Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to pay: $250.00 Fine, $50.00 Operational Costs and$5.00 Administrative Fee for a total amount of$305.00 to be paid by September 7, 2015. 31. CASE NO: CEEX20150014961 OWNER: GARRET FORBIS OFFICER: KYRA LYNCH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 14, ARTICLE II, SECTION 14-36. DANGEROUS DOG. VIOLATION ADDRESS: 9404 AUTUMN HAZE DR,NAPLES Kevin Noell, Assistant County Attorney represented the County. County Evidence Entered: Exhibit#1: DAS investigation packet Exhibit#2: 7 photos of the injuries sustained by the victim Garret Forbis represented his father, Ron Forbis, the owner of the dog. Special Magistrate Garretson reported the County has deemed Mr. Forbes dog "Diesel" a Dangerous Dog and he has appealed the decision requesting it be overturned. Mr. Forbis testified: • Late in the evening of June 2, 2015 he returned home and proceeded to bed with 3 dogs sleeping on his bed. • Shortly thereafter he heard the garage door open and his sister had returned home and went into her room. Samantha Cornett, his sister's friend had returned with her unbeknownst to him. • Approximately one half hour later he heard a commotion at the rear patio door and the dogs awoke and began barking. • He and the dogs exited his bedroom, however one of the dogs fell off the bed in the process and was injured, yelping. • Mr. Forbis and the remaining two dogs, one of which was Diesel proceeded to the back door and he opened it. • The dogs exited the home briefly and returned inside, Diesel confronted Samantha, and began attacking her inflicting bite wounds. • He ordered the dog to release, which Diesel did and he regained control of the dog. • He believes Diesel viewed Ms. Cornett as an intruder and was protecting his sister inside the confines of their dwelling unit and should not be deemed a"Dangerous Dog." Especially given the injured do yelping was being attended to by his sister at the time of the incident. • Diesel has had no special training and Ms. Cornett did not provoke the dog into an attack. Samantha Cornett testified: • She was sleeping over at the Forbis' resident the evening of the incident. 13 August 7, 2015 • She heard the commotion with the dogs barking and they opened the bedroom door and the next thing she knew, Diesel attacked her. • She was treated for her injuries at the Forbis' home and transported to Naples Community Center Hospital for treatment which included 30 stitches. • She has known and interacted with Diesel since he was a puppy (1 %2 years). Special Magistrate Garretson noted the dog weighs approximately 100 pounds and committed an attack of a generally random nature on someone he was familiar with causing severe injuries. After reviewing the evidence and hearing the testimony, Special Magistrate Garretson UPHELD the County's determination Diesel should be declared a Dangerous Dog. Break: 1:21 p.m. Reconvened: 1:58 p.m. 18. CASE NO: CEPM20150003340 OWNER: JUAN GUTIERREZ OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(C). PARTS OF THE ROOF AND SOFFIT ARE MISSING AND/OR FALLING AWAY FROM THE HOME. FOLIO NO: 750160009 VIOLATION ADDRESS: 10361 LAREDO STREET,NAPLES Date of Hearing Notice by Certified Mail: 7/23/15 Date of Hearing Notice Property/Courthouse Posting: 7/20/15 Investigator Ambach presented the case. The Respondent was not present. Evidence entered: Exhibitl: 2 photo dated 2/20/15 Exhibit 2: 1 photo dated 3/26/15 The violation remains as of 8/6/15. 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 September 7, 2015. 2. Abate all violations by repair and/or replace all missing and rotting roof and soffit material and obtain any and all required Collier County Building Permit(s) and required inspections and Certificate of Occupancy/Completion August 21,2015 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 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 14 August 7, 2015 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 19. CASE NO: CEPM20150003240 OWNER: ROBERT F.LOGAN AND MARY B.LOGAN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(N)AND 22-231(12)(C). TORN SCREENS ON POOL CAGE AND DAMAGED ROOF SOFFIT. FOLIO NO: 80707502106 VIOLATION ADDRESS: 5860 CLOUDSTONE CT,NAPLES Date of Hearing Notice by Certified Mail: 7/28/15 Date of Hearing Notice Property/Courthouse Posting: 7/28/15 Investigator Connetta presented the case. The Respondents were not present. Evidence entered: Exhibit 1: 2 photo dated 2/20/15 Exhibit 2: 1 photo dated 3/26/15 The violation remains as of 8/6/15. 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$115.55 incurred in the prosecution of the case on or before September 7, 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 to repair the pool cage screens and to repair the soffit by August 21, 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 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: $115.55 23. CASE NO: CEPM20150010803 OWNER: BANK OF AMERICA NA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(C). VACANT DWELLING WITH ROOF DAMAGE TO THE REAR OF THE STRUCTURE. 15 August 7, 2015 FOLIO NO: 35641360006 VIOLATION ADDRESS:4125 GOLDEN GATE PARKWAY,NAPLES Date of Hearing Notice by Certified Mail: 7/21/15 Date of Hearing Notice Property/Courthouse Posting: 7/23/15 Investigator Connetta presented the case. The Respondents were not present. Evidence Entered: Exhibit 1: 1 photo dated 5/8/15 Exhibit 2: 1 photo dated 5/6/15 The violation remains as of 8/6/15. 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$115.55 incurred in the prosecution of the case by September 7, 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 September 7, 2015 or a fine of$200.00 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 Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.55 25. CASE NO: CEPM20150009379 OWNER: 6640 VANCOUVER LN LAND TRUST OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (15). GREEN AND STAGNANT POOL WATER. FOLIO NO: 23946001852 VIOLATION ADDRESS: 6640 VANCOUVER LN,NAPLES Date of Hearing Notice by Certified Mail: 7/23/15 Date of Hearing Notice Property/Courthouse Posting: 7/21/15 Investigator Ambach presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 5/8/15 Exhibit 2: 1 photo dated 8/6/15 The violation remains as of 8/6/15. 16 August 7, 2015 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 in the prosecution of the case on or before September 7, 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 August 14, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; cchemically 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 August 14, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains unabated. 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 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 26. CASE NO: CESD20150004134 OWNER: RAFAEL GATO AND ANA TERESA RUEDA TORRES OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED CHICKEN/ROOSTER COOPS LOCATED IN THE REAR YARD. FOLIO NO: 36447960007 VIOLATION ADDRESS:2865 49TH LN SW,NAPLES Date of Hearing Notice by Certified Mail: 7/27/15 Date of Hearing Notice Property/Courthouse Posting: 7/27/15 Investigator Giannone presented the case. The Respondents were not present. Evidence Entered: Exhibit 1: 1 photo dated 5/8/15 Exhibit 2: 1 photo dated 5/6/15 The violation remains as of 8/6/15. 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 September 7, 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 for provision of a structure allowed within the zoning district by September 7, 2015 or a fine of$100.00 per day will be imposed until the violation has been abated. 17 August 7, 2015 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 Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.03 28. CASE NO: CEPM20150001203 OWNER: MARIE L.GILMORE AND ROBERT C.KANTOR OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(P)AND SECTION(19). MOLD AND UNSANITARY CONDITIONS CREATING A SERIOUS HEALTH AND SAFETY ISSUE FOR THE ADJOINING UNIT. FOLIO NO: 54052000004 VIOLATION ADDRESS: 3990 ESTERO BAY LN,NAPLES Date of Hearing Notice by Certified Mail: 7/24/15 Date of Hearing Notice Property/Courthouse Posting: 7/27/15 Investigator Ambach presented the case. The Respondents were not present. Evidence entered: Composite Exhibit 1: 4 photos dated 4/23/15 Exhibit 2: 1 photo dated 8/6/15 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$115.33 incurred by Code Enforcement during the prosecution of the case on or before September 7, 2015. 2. Hiring a licensed mold specialist to remediate the mold from the unit on or before September 7, 2014 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter, or; 3. Obtaining all Collier County demolition permits by September 7, 2015 for removal of the offending material and issuance of a Certificate of Completion by October 7, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains unabated. 4. No one is allowed to occupy said unit until such time the violation has been abated and a Certificate of Occupancy has been issued by the County. 5. 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. 18 August 7, 2015 Total Amount Due: $115.33 30. CASE NO: CEPM20150000772 OWNER: DANIEL P.JORDAN AND DONNA KAYE JORDAN OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(N)AND(15). STAGNANT WATER ACCUMULATION ON POOL COVERING AND SCREENS MISSING,RIPPED,OR TORN ON SCREEN CAGE. FOLIO NO: 55002520009 VIOLATION ADDRESS: 349 BAY MEADOWS DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 7/28/15 Date of Hearing Notice Property/Courthouse Posting: 7/28/15 Investigator Ambach presented the case. The Respondents were not present. Evidence entered: Exhibit 1: 1 photo dated 6/24/15 Exhibit 2: 1 photo dated 8/6/15 The violation remains as of 8/6/15. 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 September 7, 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 August 14, 2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; 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 August 14, 2015 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. 3. Repair or replace all missing or damaged screens on pool enclosure or before August 14, 2015 or a fine of$250.00 per day will be imposed for each day until the violation is abated. 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 C. Emergency Cases: 1. CASE NO: CEPM20150015224 19 August 7, 2015 OWNER: REBECCA ROACH OFFICER: INVESTIGATOR CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (2), SECTION 22-231 (11), SECTION 22-231 - (12)(i). VIOLATION ADDRESS: 4161 GOLDEN GATE PARKWAY,NAPLES,FL 34116 Date of Hearing Notice Property/Courthouse Posting: 8/6/15 Investigator Connetta presented the case. The Respondent was not present. Evidence Entered: Composite Exhibit A: 4 photos The violation remains as of 8/7/15. 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 September 7, 2015. 2. Restore water to the property with an active account with Florida Governmental Utility Authority or vacate the property until an active account with Florida Governmental Utility Authority is obtained and water has been restored to the property by August 21, 2015 or pay a fine of$500.00 a day until the violation is abated. 3. Restore electricity to the property with an active account with Florida Power and Light or vacate the property until an active account with Florida Power and Light is obtained and electricity has been restored to the property by August 21, 2015 or pay a fine of$500.00 a day until the violation is abated. 4. 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 for the repairs necessary to bring the property into compliance with the Collier County Property Maintenance Code or Florida Building Code by August 21, 2105 or a fine of$500.00 per day will be imposed until the violation has been abated or; if a Boarding Certificate is obtained and the structure is boarded by August 14, 2015, then the time required to complete the repairs, inspections, and Certificate of Completion/Occupancy will be extended and must be completed by February 7, 2016 or a fine of$500.00 per day will be imposed until the violation is abated. 5. In the event the Respondent does not comply with #2 and#3 above, all buildings on this property are ordered to be vacated and the County may use the assistance of the Collier County Sheriffs Office to effectuate this Order to Vacate. This Order to Vacate shall remain in effect until such time the water and electricity have been restored to the property with active accounts with Florida Governmental Utility Authority and Florida Power and Light. 6. 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 20 August 7, 2015 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 2. CASE NO: CEPM20150015711 OWNER: MARIA MUNIZ OFFICER: SUPERVISOR MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION22-231 (1)AND(2). VIOLATION ADDRESS: 17034 MORGAN DR.,NAPLES,FL 34114 Date of Hearing Notice Property/Courthouse Posting: 8/6/15 Supervisor Mucha presented the case. The Respondent was not present. The violation remains as of 8/7/15. 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 February 7, 2016. 2. Obtain water connection with the Collier County Public Utilities or vacating the premise until such time that the water connection is obtained with Collier County Public Utilities by August 12, 2015 or a fine of$500.00 per day will be imposed for each day the violation remains unabated. 3. In the event the Respondent does not comply with #2 above, all buildings on this property are ordered to be vacated and the County may use the assistance of the Collier County Sheriffs Office to effectuate this Order to Vacate. This Order to Vacate shall remain in effect until such time the water and electricity have been restored to the property with active accounts with Collier County Public Utilities. 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 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 VII. NEW BUSINESS (Continued) C. Motion for Imposition of Fines: 6. CASE NO: CESD20150002305 OWNER: IRENE SYLVA EST AND RAFAEL ROSAS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SEVERAL STRUCTURES ERECTED ON THE PROPERTY WITHOUT OBTAINING COLLIER COUNTY BUILDING PERMITS. 21 August 7, 2015 FOLIO NO: 37741960003 VIOLATION ADDRESS: 141 20TH AVENUE NE,NAPLES Date of Hearing Notice by Certified Mail: 7/23/15 Date of Hearing Notice Property/Courthouse Posting: 7/21/15 The Respondents were not present. Investigator Asaro presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: (67 days) Total Fine Amount: $16,750.0 Unpaid Operational Costs: $230.43 Total to Date: $16,980.43 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 $16,980.43. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CEPM20140015883 OWNER: JOSEPH J. BERES AND KIMBERLY L. BERES OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-231 (19). BEE INFESTATION CREATING AN UNSAFE CONDITION. FOLIO NO: 35641120000 VIOLATION ADDRESS:4148 23RD PL SW,NAPLES Date of Hearing Notice by Certified Mail: 7/23/15 Date of Hearing Notice Property/Courthouse Posting: 7/21/15 The Respondents were not present. Investigator Santafemia presented the case noting the violation has been abated by the County. Abatement Date: 3/5/15 Fine Amount: $250.00/day Duration: 83 days Total Fine Amount: $20,750.00 Unpaid Abatement Costs: $489.00 Unpaid Operational Costs: $230.21 Total to Date: $21,469.21 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 $21,469.21. Said amount to become a lien on the property. 8. CASE NO: CENA20140023245 OWNER: BILLIE J. PAPINEAU OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54-185(A). GRASS AND WEEDS OVER 18 INCHES. FOLIO NO: 68096440001 22 August 7, 2015 VIOLATION ADDRESS:3402 BALBOA CIRCLE E,NAPLES Date of Hearing Notice by Certified Mail: 7/23/15 Date of Hearing Notice Property/Courthouse Posting: 7/23/15 The Respondents was not present. Investigator Pulse presented the case noting the violation has been abated by the County. Abatement Date: 5/20/15 Fine Amount: $50.00/day Duration: 66 days Total Fine Amount: $3,300.00 Unpaid Abatement Costs: $60.00 Unpaid Operational Costs: $230.06 Total to Date: $3,590.06 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 $3,590.06. Said amount to become a lien on the property. 9. CASE NO: CEPM20140020162 OWNER: DENNIS GRESH 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 Date of Hearing Notice by Certified Mail: 7/27/15 Date of Hearing Notice Property/Courthouse Posting: 7/27/15 The Respondent was not present. Investigator Connetta presented the case noting the violation has been partially abated by the County. Abatement Date: 8/4/15 Special Magistrate Order: 1/16/15 Fine Amount: $250.00/day Duration: 193 days Total Fine Amount: $48,250.00 Unpaid Abatement Costs: $1,826.60 Unpaid Operational Costs: $230.53 Total to Date: $50,307.03 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 $50,307.03. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 23 August 7, 2015 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 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: September 4, 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 3:25 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING B nda Garretson, ecial Magistrate The inutes were approved by the Special Magistrate on �. , as presented , or as amended . 24