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CESM Minutes 10/02/2015 October 2, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 2, 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: October 2,2015 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 111. APPROVAL OF MINUTES—September 4,2015 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time C. Motion to Dismiss I. 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 2. CASE NO: CHOI 424-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 3, CASE NO: CE001425-C EVFH20150012956 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 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: PR054584-CEEX20150015611 OWNER: ROGER WILLIAMS OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD.,SEC, 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT,PERMIT NOT VALID/NOT AFFIXED. VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 2. CASE NO: PR054746-CEEX20150017913 OWNER: BARBARA WATSON OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 FAILURE TO PROPERLY DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO BEACH ACCESS, MARCO ISLAND 2 3. CASE NO: PR054732-CEEX20150017926 OWNER: DEJAN MIRKOVIC OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT,PERMIT EXPIRED VIOLATION ADDRESS: NORTH GULF SHORE ACCESS,NAPLES 4. CASE NO: PU5170-CEEX20150016719 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62,SECTION 1.9. ILLEGAL TAMPERING WITH COUNTY DISTRIBUTION SYSTEM BY TURNING BACK SECTION OF RPZ DEVICE AND PUTTING COUNTY WATER SYSTEM AT RISK. FOLIO NO: 60410001587 VIOLATION ADDRESS: 1622 SONGBIRD CT,NAPLES 5. CASE NO: PU4844-CEEX20150017116 OWNER: ASHTON TAMPA RESIDENTIAL LLC OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62,SECTION 1.9. ILLEGAL TAMPERING WITH COUNTY WATER DISTRIBUTION SYSTEM BY TURNING BACK-FLOW LEG TO OBTAIN WATER,RESULTING IN LOSS OF PROTECTION TO SYSTEM. FOLIO NO: 63045039824 VIOLATION ADDRESS: 14844 DOCKSIDE LANE,NAPLES 6. CASE NO: PU5252-CEEX20150017111 OWNER: NAPLES AW HOLDCO LLC OFFICER: INVESTIGATOR DUSTIN LAPOLLA VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174,SECTION (B)(1). HOSE CONNECTED TO A SPIGOT,RUNNING ACROSS PROPERTY LINES. FOLIO NO: 63045031602 VIOLATION ADDRESS: 14151 NAUTICA CT,NAPLES 7. CASE NO: PU5172-CEEX20150017659 OWNER: WSLD ANDALUCIA HB VI LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION(N)(Q). UNLAWFUL CONNECTION TO WATER LINE OWNED BY DISTRICT.NO FREE SERVICE, DIRECT CONNECTION TO CURBSTOP. FOLIO NO: 22150001568 VIOLATION ADDRESS: 1626 SERRANO CIRCLE,NAPLES 3 8. CASE NO: PU5140—CEEX2015001841I OWNER: NEAL COMMUNITIES OF SW FL LLC OFFICER: INVESTIGATOR DUSTIN LAPOLLA VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62,SECTION 1.9. THE BACK LEG OF THE RPZ REMOVED FROM THE GROUND AND RAISED TOWARD THE SKY. FOLIO NO: 69063210140 VIOLATION ADDRESS: 14706 SONOMA BLVD,NAPLES 9. CASE NO: CE001454-CEVFH20150014359 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142, ARTICLE II,SECTION 142-33(C) NO CERTIFICATE TO OPERATE. VIOLATION ADDRESS: COMFORT INN SUITES,NAPLES 10. CASE NO: CE001455—CEVFH2O150017265 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: COMFORT INN SUITES,NAPLES 11. CASE NO: CE001456—CEVFH20150017270 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II,SECTION 142-33(B) INSURANCE VIOLATION. VIOLATION ADDRESS: COMFORT INN SUITES,NAPLES 12. CASE NO: CESD20150013215 OWNER: MICHAEL SLOVIN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED,SECTION I0.02.06(B)(1)(A)AND 10.02.06(B)(I)(E). SHED ON PROPERTY PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 36301720008 VIOLATION ADDRESS: 5231 19TFa CT SW,NAPLES 4 13. CASE NO: CENA20150015866 OWNER: BENNETT JOHNSTON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER.54,ARTICLE VI, SECTION 54-179. LI'ITER CONSISTING OF BUT NOT LIMITED TO:OLD BIKES, CONTAINERS,WASHER,OLD WATER SOFTENER,MICROWAVE,GLASS,PLASTICS, METALS,ETC. FOLIO NO: 36238240004 VIOLATION ADDRESS: 5203 HUNTER BLVD,NAPLES 14. CASE NO: CEPM20150002206 OWNER: MICHAEL A.HICKEY JR. OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICL,E VI, SECTION 22-231 (12XC)AND(R),AND SECTION 22-242(12)(1). ROOF SOFFITS FALLING APART AND HOLES IN SCREEN DOOR. FOLIO NO: 53750880006 VIOLATION ADDRESS: 4415 LAKEWOOD BLVD,NAPLES 15, CASE NO: CESD20150010808 OWNER: THOMAS VALDES OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(BX1)(A). A STRUCTURE IDENTIFIED FROM THE PROPERTY CARD AS A "CHEAP PORTE COCHERE"OR"CHEAP CARPORT"BUILT IN 1996 WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36245920003 VIOLATION ADDRESS: 1742 52ND TER SW,NAPLES 16. CASE NO: CENA20150013900 OWNER: CASIMIR S.BATOR AND DEBORAH BATOR OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(B). GRASS AND WEEDS IN EXCESS OF 18 INCHES WITHIN 30 FEET OF AN ESTATES ZONED RESIDENCE.. FOLIO NO: 37549680006 VIOLATION ADDRESS: 991 WILSON BLVD,NAPLES 17. CASE NO: CEPM20150004907 OWNER: JIM D.WEXELL AND FRANCES M.WEXELL TR,NEW HORIZONS TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (15). POOL WATER IS DARK GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO: 82660020244 VIOLATION ADDRESS: 6096 SHALLOWS WAY,NAPLES 5 18. CASE NO: CENA20150016202 OWNER: RAFAEL SANTOS OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO: WOOD,METAL, AND BEER CANS THROWN OUTSIDE ON THE PROPERTY. FOLIO NO: 22622600002 VIOLATION ADDRESS: 3705 THOMASSON DRIVE,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1, CASE NO: CEPM20140019418 OWNER: FIFTH THIRD MORTGAGE COMPANY OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(1),(I2)(N),(15),22-242,AND THE 2010 FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17. STRUCTURE IS UNSECURE,BROKEN WINDOWS, BROKEN SLIDERS,DAMAGED GARAGE DOOR,TORN SCREENING FOR PORCH, UNMAINTAINED POOL,AND NO PROTECTIVE BARRIER FOR THE POOL. FOLIO NO: 37927400002 VIOLATION ADDRESS: 4355 PINE RIDGE RD,NAPLES 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)(IXA). 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 3. 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 (12XN)AND 22-231(12)(C). TORN SCREENS ON POOL CAGE AND DAMAGED ROOF SOFFIT. FOLIO NO: 80707502106 VIOLATION ADDRESS: 5860 CLOUDSTONE CT,NAPLES 6 4. 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 I0.02.06(B)(1)(A). UNPERMITTED CHICKEN/ROOSTER COOPS LOCATED IN THE REAR YARD. FOLIO NO: 36447960007 VIOLATION ADDRESS: 2865 49TH LN SW,NAPLES 5. 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 VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 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: November 6, 2015, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples, Florida XL ADJOURN 7 October 2, 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 9:08 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: 9:45 a.m. II. APPROVAL OF AGENDA Kerry Adams, Code Enforcement Specialist, noted the following changes (listed below as Agenda Item numbers): Under item V.B —Hearings, the following case was moved to V.0 —Motion for Continuance: • #1 -CASE NO: PR054584-CEEX20150015611 -ROGER WILLIAMS Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #16-CASE NO: CENA20150013900-CASIMIR S. BATOR AND DEBORAH BATOR • #18 -CASE NO: CENA20150016202-RAFAEL SANTOS • #6-CASE NO: PU5252-CEEX20150017111 -NAPLES AW HOLDCO LLC • #8-CASE NO: PU5140-CEEX20150018411 -NEAL COMMUNITIES OF SW FL LLC • #5 -CASE NO: PU4844-CEEX20150017116-ASHTON TAMPA RESIDENTIAL LLC Under item V.B —Hearings, the following cases were withdrawn: • #2-CASE NO: PR054746-CEEX20150017913-BARBARA WATSON • #3 -CASE NO: PR054732-CEEX20150017926-DEJAN MIRKOVIC • #15 -CASE NO: CESD20150010808- THOMAS VALDES Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES —September 4, 2015 The minutes of the September 4, 2015 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. Motion for Continuance 1. CASE NO: PR054584-CEEX20150015611 OWNER: ROGER WILLIAMS OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT,PERMIT NOT VALID/NOT AFFIXED. VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 2 October 2, 2015 Mr. Williams was not present, but submitted the Motion for a Continuance in writing. Ranger Maunz reported there is no health, safety and welfare issues associated with the case and did not object to the request. Special Magistrate Garretson GRANTED the Respondent's Motion and CONTINUED the case until the next hearing date. B. Motion for Extension of Time None C. Motion to Dismiss Cases 1, 2 and 3 were combined. 1. CASE NO: CE001423-CEVFH2O150012947 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 1, 2 and 3 were combined. 2. 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 3. 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 Mr. Jackson was present and has submitted the motions to dismiss the cases in writing. Special Magistrate Garretson reported the motion contains grounds for dismissal that include constitutional issues which she may not rule on. The County needs legal representation by the County Attorney's Office. Special Magistrate Garretson CONTINUED the case until the next hearing date. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CENA20150013900 OWNER: CASIMIR S. BATOR AND DEBORAH BATOR OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTION 54-185(B). GRASS AND WEEDS IN EXCESS OF 18 INCHES WITHIN 30 FEET OF AN ESTATES ZONED RESIDENCE.. FOLIO NO: 37549680006 VIOLATION ADDRESS:991 WILSON BLVD,NAPLES 3 October 2, 2015 Investigator Box requested the Hearing. A Stipulation was entered into by Deborah Bator on September 15, 2015. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by November 2, 2015. 2. Abate all violations by mowing yard to height of not less than 6 inches within 30 feet of the home by October 9, 2015 or a fine of$50.00 per day will be imposed for each day the violation remains. 3. Respondent must 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 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: $115.18 2. CASE NO: CENA20150016202 OWNER: RAFAEL SANTOS OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO: WOOD,METAL, AND BEER CANS THROWN OUTSIDE ON THE PROPERTY. FOLIO NO: 22622600002 VIOLATION ADDRESS:3705 THOMASSON DRIVE,NAPLES Investigator Garcia requested the Hearing. A Stipulation was entered into by the Respondent Rafael Santos. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.18 incurred in the prosecution of the case by November 2, 2015. 2 Abate all violations by removing any unauthorized litter which is a public nuisance pursuant to this Section by October 9, 2015 or a fine of$100.00 per day fine may accrue 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. 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: $115.18 3. CASE NO: PU5252-CEEX20150017111 4 October 2, 2015 OWNER: NAPLES AW HOLDCO LLC OFFICER: INVESTIGATOR DUSTIN LAPOLLA VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION(B)(1). HOSE CONNECTED TO A SPIGOT, RUNNING ACROSS PROPERTY LINES. FOLIO NO: 63045031602 VIOLATION ADDRESS: 14151 NAUTICA CT,NAPLES Investigator Lopolla requested the hearing. The Stipulation was entered into by the Respondent's representative James Moyle on September 29, 2015. Matthew Barhoum, Area Manager for Ashton Woods, (home builder) was present. He noted they are now the owner of the property. 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 a Civil Penalty of$500.00 4. Total Charges due are $555.00 to be paid by October 9, 2015. Total Amount Due: $555.00 4. CASE NO: PU5140-CEEX20150018411 OWNER: NEAL COMMUNITIES OF SW FL LLC OFFICER: INVESTIGATOR DUSTIN LAPOLLA VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62, SECTION 1.9. THE BACK LEG OF THE RPZ REMOVED FROM THE GROUND AND RAISED TOWARD THE SKY. FOLIO NO: 69063210140 VIOLATION ADDRESS: 14706 SONOMA BLVD,NAPLES Investigator Lopolla requested the hearing. The Stipulation was entered into by Respondent's representative Daniel Atkins October 2, 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 a Civil Penalty of$1,425.00 4. Total Charges due are $1,480.00 to be paid by the Respondent by November 2, 2015. Special Magistrate Garretson added the requirement of 3 "tailgate meetings"to the Stipulation with all subcontractor supervisors to attend with one of their Spanish speaking employees. Total Amount Due: $1,480.00 5. CASE NO: PU4844-CEEX20150017116 OWNER: ASHTON TAMPA RESIDENTIAL LLC OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62, SECTION 1.9. 5 October 2, 2015 ILLEGAL TAMPERING WITH COUNTY WATER DISTRIBUTION SYSTEM BY TURNING BACK-FLOW LEG TO OBTAIN WATER, RESULTING IN LOSS OF PROTECTION TO SYSTEM. FOLIO NO: 63045039824 VIOLATION ADDRESS: 14844 DOCKSIDE LANE,NAPLES Investigator Phillips requested the hearing. A Stipulation was entered into by the Respondent's representative Matt Barhoum on October 2, 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 a Civil Penalty of$1,000.00 4. Total Charges due are $1,055.00 to be paid by October 9, 2015. Total Amount Due: $1,055.00 B. Hearings 14. CASE NO: CEPM20150002206 OWNER: MICHAEL A. HICKEY JR. OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(C)AND(R),AND SECTION 22-242 (12)(I). ROOF SOFFITS FALLING APART AND HOLES IN SCREEN DOOR. FOLIO NO: 53750880006 VIOLATION ADDRESS:4415 LAKEWOOD BLVD,NAPLES Investigator Ambach presented the case. David Cozad, Attorney for Caliber Home Loans was present representing the mortgage holder's interest, Bank of America. The Respondent was not present. Evidence Entered: Exhibit A: 1 photo dated 2/5/15 Composite Exhibit B: 2 photos dated 2/2/15 Composite Exhibit C: 2 photos dated 10/1/15 Mr. Cozad reported the property is vacant, subject to foreclosure action and the violation may not be abated by the mortgage holder until they obtain title to the property. He requested 90 days to abate the violation. Mr. Ambach outlined the County' recommendation which requested 30 days be given to abate the violation. After reviewing the evidence and considering the testimony, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.40 incurred in the prosecution of the case by November 2, 2015. 2. Repair/Replace all gutters/downspouts and soffit areas and obtain any and all Collier County Building Permit(s), and Certificate of Occupancy/Completion by November 2, 2015 or a fine of$250.00 per day will be imposed until the violation has been abated. 6 October 2, 2015 3. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) inspections and Certificate of Occupancy/Completion by November 2, 2015 or a fine of$250.00 per day will be imposed until the violation has been 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: $115.40 Special Magistrate Garretson noted discussion occurred while hearing the case which included Bank of America's actions on various items outside the case, including non-response to Collier County Code Enforcement actions on other properties they own in the County. She queried if Mr. Codaz felt he was prejudiced in today's hearing and asked if he wanted her to recuse herself from the case. Mr. Codaz responded it was not necessary for Special Magistrate Garretson to recuse herself in the matter, and the 90 day request was to allow the mortgage holder the necessary time to acquire title to the property and abate the violations. Break: 11:37 a.m. Reconvened 11:54 a.m. 7. CASE NO: PU5172-CEEX20150017659 OWNER: WSLD ANDALUCIA HB VI LLC OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-174, SECTION(N)(Q). UNLAWFUL CONNECTION TO WATER LINE OWNED BY DISTRICT.NO FREE SERVICE,DIRECT CONNECTION TO CURBSTOP. FOLIO NO: 22150001568 VIOLATION ADDRESS: 1626 SERRANO CIRCLE,NAPLES Supervisor Andresky represented the County. Evidence Entered: Exhibit A: 1 photo dated 8/20/15 Supervisor Andresky reported the violation was discovered on 8/20/15 when the County appeared on scene to install the necessary components for a legal connection to the system. A $105.00 Citation was issued, ($50.00 fine, $50.00 Operational Costs and a$5.00 Administrative fee). The Respondent wishes to contest the Citation. Bill Fox, Division Construction Manager, Front Door Communities represented the owner and testified the connection was pre-existing, not installed by the current owner. They were unaware of the illegal connection which must have been installed by the previous owner. He contended the company did not violate any County Codes in reference to the case. Special Magistrate Garretson noted when there is a pre-existing violation the new owner acquires the violation when the property transfers. 7 October 2, 2015 Supervisor Andresky noted there is no way to determine for sure when the connection was made and by whom, so the County's position is a violation exists on the property and it is the responsibility of the current owner. Special Magistrate Garretson, after reviewing the evidence and hearing the testimony UPHELD issuance of the Citation and ordered the Respondent to pay $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount due of$55.00 by November 2, 2015. Cases 9, 10 and 11 were combined. 9. CASE NO: CE001454-CEVFH20150014359 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(C) NO CERTIFICATE TO OPERATE. VIOLATION ADDRESS:COMFORT INN SUITES,NAPLES 10. CASE NO: CE001455-CEVFH20150017265 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(D) NO DRIVER ID. VIOLATION ADDRESS: COMFORT INN SUITES,NAPLES 11. CASE NO: CE001456-CEVFH20150017270 OWNER: HANS SCHLECHT OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 142,ARTICLE II, SECTION 142-33(B) INSURANCE VIOLATION. VIOLATION ADDRESS: COMFORT INN SUITES,NAPLES Investigator Musse represented the County. Evidence Entered: 3 photos dated 8/28/15 2 copies of a business listing for Mr. Schlect acquired from the Verona Walk Community's website. Mr. Schlect testified: • He is retired and decided to offer rides to the airport for persons in the community of Verona Walk to pass the time. • He has transported 3 parties over the past 6 months, it is a hobby and he was unaware it was a violation of County Codes. • On 8/28/15 he was contacted by Mr. Musse posing as a client requesting a ride to the airport. • He inquired if he was a Verona Walk resident and Mr. Musse replied his father resided in the community. • He informed Mr. Musse he would provide a ride for $50.00 and did not accept gratuities. • When he arrived on scene, he was issued the Citation. • He now will provide the service for free if someone wishes, utilizing their vehicle. Investigator Musse agreed with Mr. Schlect's testimony. 8 October 2, 2015 Special Magistrate Garretson, after reviewing the evidence and hearing the testimony DISMISSED the Citations issued noting there was no commercial intent demonstrated by the Respondent in performing the service. 13. CASE NO: CENA20150015866 OWNER: BENNETT JOHNSTON 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: OLD BIKES, CONTAINERS, WASHER,OLD WATER SOFTENER, MICROWAVE, GLASS, PLASTICS, METALS, ETC. FOLIO NO: 36238240004 VIOLATION ADDRESS: 5203 HUNTER BLVD,NAPLES Mr. Johnston was present. Investigator Musse represented the County. Evidence Entered: Composite Exhibit A: 3 photos dated 8/7/15 Exhibit B: Special Magistrate Order#4846 - Page: 1997 (2012 case) Exhibit C: 2015 Aerial photo of property Exhibit D: 3 photos dated 10/1/15 Mr. Johnston objected to Exhibit C because it does not show the current condition of the property, but Special Magistrate Garretson stated it is a document that is already a matter of public record. Investigator Musse testified on 8/1/15 an investigation of the property was performed and a violation observed. The property is the subject of repeat violations; 3 cases since 2012. All previous violations were abated and Operational Costs were paid by the Respondent. Mr. Johnston testified he was operating a scrap metal business, which is no longer active, however people drop off items at his property when he is not home. He has notified persons to cease the activity, it continues periodically. The violation has been abated. Investigator Musse testified there was a violation at the time the Notice of Violation was issued. He recommended the Respondent be ordered to: 1. Pay Operational Costs of$115.63 incurred in the prosecution of the case by 11/2/15. 2. Pay a$100.00 Civil Penalty for a repeat violation. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to:pay $115.63 in Operational Costs and a $100.00 Civil Penalty. Said charges to be paid by January 2, 2016. Special Magistrate Garretson recommended Mr. Johnston post a sign prohibiting disposal of items on his property. Total Amount Due: $215.63 VI. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: 2. CASE NO: CESD20150002958 OWNER: SOUTHERNSCAPES SWFL LLC 9 October 2, 2015 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 Supervisor Much represented the County. Caleb McConnell, owner of the property testified the permits necessary to abate the violation have been issued and requested more time to abate the violation. Supervisor Mucha had no objection to the request and WITHDREW the case. 4. 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 Ana Teresa Rueda Torres was present. Supervisor Perez represented the County and reported the Respondent does not speak English, and no interpreter is available today. Ms. Torres is seeking an extension of time to abate the violation. The chickens have been removed from the site and only the structure remains. Supervisor Perez withdrew the case. The Special Magistrate reported fines will continue to accrue. V. PUBLIC HEARINGS (Continued) A. Hearings 4. CASE NO: PU5170-CEEX20150016719 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAWS&ORDINANCES,CHAPTER 134-62,SECTION 1.9. ILLEGAL TAMPERING WITH COUNTY DISTRIBUTION SYSTEM BY TURNING BACK SECTION OF RPZ DEVICE AND PUTTING COUNTY WATER SYSTEM AT RISK. FOLIO NO: 60410001587 VIOLATION ADDRESS: 1622 SONGBIRD CT,NAPLES Date of Hearing Notice by Certified Mail: 9/15/15 Date of Hering Notice Property/Courthouse Posting: 9/18/15 The Respondent was not present. Supervisor Andresky represented the County and reported the Respondent is a repeat offender with 3 citations issued in 2015. Charges associated with two of the Citations in the amount of $600.00 remain unpaid. They have participated in 3 "tailgate meetings" with another one scheduled for October 6, 2015. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 2. 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. 10 October 2, 2015 3. Pay a Civil Penalty of$5,000.00 4. Total Charges due are $5,055.00 to be paid by the Respondent by November 2, 2015. Total Amount Due: $5,055.00 12. CASE NO: CESD20150013215 OWNER: MICHAEL SLOVIN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E). SHED ON PROPERTY PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 36301720008 VIOLATION ADDRESS: 5231 19TH CT SW,NAPLES Date of Hearing Notice by Certified Mail: 9/18/15 Date of Hearing Notice Property/Courthouse Posting: 9/19/15 Investigator Giguere presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 7/6/15 Exhibit B: Aeiral photo The violation remains as of 10/2/15. 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$115.33 incurred in the prosecution of the case by November 2, 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 November 2, 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 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 17. CASE NO: CEPM20150004907 OWNER: JIM D.WEXELL AND FRANCES M. WEXELL TR,NEW HORIZONS TRUST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (15). POOL WATER IS DARK GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO: 82660020244 VIOLATION ADDRESS: 6096 SHALLOWS WAY,NAPLES Date of Hearing Notice by Certified Mail: 9/18/15 Date of Hearing Notice Property/Courthouse Posting: 9/19/15 11 October 2, 2015 Investigator Connetta presented the case. The Respondents were not present. Evidence entered: Composite Exhibit A: 1 photo dated 3/13/15 and 1 photo dated 9/14/15 The violation remains as of 10/2/15. 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$115.40 incurred in the prosecution of the case on or before November 2, 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 October 9, 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 October 9, 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: $115.40 C. Emergency Cases: None VII. NEW BUSINESS (Continued) W. Motion for Imposition of Fines: 1. CASE NO: CEPM20140019418 OWNER: FIFTH THIRD MORTGAGE COMPANY OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(I),(12)(N), (15),22-242,AND THE 2010 FLORIDA BUILDING CODE CHAPTER 4, SECTION 424.2.17. STRUCTURE IS UNSECURE, BROKEN WINDOWS, BROKEN SLIDERS, DAMAGED GARAGE DOOR,TORN SCREENING FOR PORCH, UNMAINTAINED POOL,AND NO PROTECTIVE BARRIER FOR THE POOL. FOLIO NO: 37927400002 VIOLATION ADDRESS:4355 PINE RIDGE RD,NAPLES Date of Hearing Notice by Certified Mail: 9/15/15 Date of Hearing Notice Property/Courthouse Posting: 9/14/15 The Respondents were not present. Investigator Connetta presented the case noting the violation has been partially abated by the County. Special Magistrate Order: No. 5116 - Page: 3750 Fine Amount: $250.00 day 12 October 2, 2015 Duration: 2/7/15 — 10/2/15 (228 days) Total Fine Amount: $ 57,000.00 Unpaid Abatement Costs: $2,266.60 Unpaid Operational Costs: $230.81 Total to Date: $59,497.41 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$59,497.41. Said amount to become a lien on the property. 3. 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: 9/15/15 Date of Hearing Notice Property/Courthouse Posting: 9/14/15 The Respondents were not present. Investigator Connetta presented the case noting the violation has not been abated. Special Magistrate Order: No. 5185 - Page: 2261 Fine Amount: $250.00 day Duration: 8/22/15 — 10/2/15 (42 days) Total Fine Amount: $ 10,500.00 Unpaid Operational Costs: $230.43 Total to Date: $10,730.43 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$10,730.43. Said amount to become a lien on the property. 5. 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 Date of Hearing Notice by Certified Mail: 9/15/15 Date of Hearing Notice Property/Courthouse Posting: 9/14/15 The Respondents were not present. Investigator Connetta presented the case noting the violation has not been abated. Special Magistrate Order: No. 5185 - Page: 2256 Fine Amount: $200.00 day Duration: 9/8/15 — 10/2/15 (25 days) 13 October 2, 2015 Total Fine Amount: $ 5,000.00 Unpaid Operational Costs: $230.43 Total to Date: $5,230.43 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$5,230.43. Said amount to become a lien on the property. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA A. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in 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: November 6, 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 Special Magistrate Garretson at 1:57 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING renda Garretson 1pecial Magistrate The Minutes were approved by the Special Magistrate on I•.../b\). ae)I5, as presented or as amended 14