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CESM Minutes 12/04/2015 December 4, 2015 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 4, 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: December 4,2015 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 H. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—November 6,2015 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1 B. Hearings 1. CASE NO: S0177856-CEEX20150020891 OWNER: ROSA HENRIQUEZ OFFICER: DEPUTY SOLOMON VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: 10620 NOAH'S CIRCLE,NAPLES 2. CASE NO: PR054836-CEEX20150020792 OWNER: PATRICK TRACAVELLI OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO BEACH ACCESS,MARCO ISLAND 3. CASE NO: PR053940-CEEX20150022114 OWNER: RICHARD PARLANTE OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA,ON GRASS VIOLATION ADDRESS: VETERANS PARK,NAPLES 4. CASE NO: PR054832-CEEX20150020641 OWNER: LOUIS DISANTI OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO BEACH ACCESS, MARCO ISLAND 5. CASE NO: PR054909-CEEX20150021696 OWNER: ROSEANNE BEAUDIN OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: VANDERBILT BEACH RD TRAFFIC CIRCLE,NAPLES 6. CASE NO: PR054406-CEEX20150022427 OWNER: RONALD GRASSI OFFICER: PARK RANGER P. JONES VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA,ON SIDEWALK VIOLATION ADDRESS: NORTH COLLIER REGIONAL PARK,NAPLES 2 7. CASE NO: CEROW20140004434 OWNER: DOUGLAS L.WILSON AND NANCY L. WILSON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 110-31(A).CULVERT PIPE IN NEED OF REPLACEMENT/REPAIR. FOLIO NO: 94920002 VIOLATION ADDRESS: 616 SANCTUARY ROAD,NAPLES 8. CASE NO: CENA20150013452 OWNER: CHRISTOPHER NORTH OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179 AND 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: BROKEN FURNITURE,CHILDREN'S TOYS,ETC. FOLIO NO: 35643520006 VIOLATION ADDRESS: 4340 22ND AVENUE SW,NAPLES 9. CASE NO: CEPM20150012708 OWNER: AT&T WIRELESS SERVICES OF FL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-240(1)(B). GARAGE WITH ROOF DAMAGE. FOLIO NO: 64210240007 VIOLATION ADDRESS: 1173 SUN CENTURY ROAD,NAPLES 10. CASE NO: CENA20150014491 OWNER: CARL FREDERICK BREWER EST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181 AND 54-179. LITTER AND DEBRIS CONSISTING OF WOOD, CARDBOARD,PLASTIC,ETC.,LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 39331400007 VIOLATION ADDRESS: 131 22ND STREET NE,NAPLES 11. CASE NO: CEPM20150017838 OWNER: BETTY FREDERICK EST AND KAREN L.DONNADIO EST OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(12)(I). POOL SCREEN IN DISREPAIR/TORN. CHAIN LINK FENCE IN DISREPAIR. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45T11 STREET SW,NAPLES 3 12. CASE NO: CENA20150014708 OWNER: LAURIE CARRON OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(B). WEEDS OVER 18 INCHES. FOLIO NO: 39393680001 VIOLATION ADDRESS: 2341 8TH AVENUE SE,NAPLES 13. CASE NO: CEPM20150018950 OWNER: ORI& BHNV LLC OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C). HOLE IN ROOF. SOFFIT IN DISREPAIR. FOLIO NO: 67493320000 VIOLATION ADDRESS: 4201 ROSE AVENUE,NAPLES 14. CASE NO: CESD20150009014 OWNER: EVELYN FAYE THOMPSON OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY CODE LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E). SCREEN PORCH/ADDITION BUILT WITHOUT OBTAINING PROPER COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 35764320004 VIOLATION ADDRESS: 1773 43RD TERRACE SW,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CESD20120008509 OWNER: DONNA KAYE YZAGUIRRE OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). A CARPORT AND THREE SHEDS INSTALLED WITHOUT OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 51242520009 VIOLATION ADDRESS: 1203 ORCHID AVENUE,IMMOKALEE 4 2. 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. CASE NO: CENA20150010711 OWNER: HACKBERRY CORP OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181. LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY INCLUDING CANAL EMBANKMENT. FOLIO NO: 35830041000 VIOLATION ADDRESS: 4110 16TH PLACE SW,4120 16TH PLACE SW,4130 16TH PLACE SW,NAPLES 4. CASE NO: CESD20150002958 OWNER: SOUTHERNSCAPES SWFL LLC OFFICER: INVESTIGATOR JOE MUCHA 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 5. 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),(R),AND(I). ROOF SOFFITS FALLING APART AND HOLES IN SCREEN DOOR. FOLIO NO: 53750880006 VIOLATION ADDRESS: 4415 LAKEWOOD BLVD,NAPLES 6. 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 5 7. CASE NO: CEPM20150015224 OWNER: REBECCA ROACH OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(2),22-231(11),AND 22-231(12)(I). OCCUPIED DWELLING WITH NO WATER SERVICE,NO ELECTRICITY,AND A BROKEN WINDOW ON UNIT#4. FOLIO NO: 35641440007 VIOLATION ADDRESS: 4161 GOLDEN GATE PARKWAY,NAPLES 8. 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 9. 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 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: January 15, 2016, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples,Florida XI. ADJOURN 6 December 4, 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: 9:22 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 cases were moved to Item V.A—Stipulations: • #12-CASE NO: CENA20150014708-LAURIE CARRON Under Item V.B —Hearings,the following cases were withdrawn: • #1 -CASE NO: S0177856-CEEX20150020891-ROSA HENRIQUEZ • #3 -CASE NO: PR053940-CEEX20150022114-RICHARD PARLANTE • #6-CASE NO: PR054406-CEEX20150022427-RONALD GRASSI • #7-CASE NO: CEROW20140004434-DOUGLAS L. WILSON AND NANCY L.WILSON • #14-CASE NO: CESD20150009014-EVELYN FAYE THOMPSON Under Item VI.A—Motion for Imposition of Fines, the following case was withdrawn: • #1 -CASE NO: CESD20120008509-DONNA KAYE YZAGUIRRE Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES—November 6,2015 The minutes of the November 6, 2015 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. Motion for Continuance None B. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CENA20150014708 2 December 4, 2015 OWNER: LAURIE CARRON OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(B). WEEDS OVER 18 INCHES. FOLIO NO: 39393680001 VIOLATION ADDRESS:2341 8TH AVENUE SE,NAPLES Investigator Asaro requested the hearing. The Stipulation was entered into by the Laurie Carron on December 4, 2015. 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$115.40 incurred in the prosecution of the case by January 4, 2016. 2. Mowing all grass, weeds to the required height by December 18, 2015 or pay a fine of $100.00 per day for each day the violation remains. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.40 B. Hearings 5. CASE NO: PR054909-CEEX20150021696 OWNER: ROSEANNE BEAUDIN OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS:VANDERBILT BEACH RD TRAFFIC CIRCLE,NAPLES Ranger Maunz represented the County and reported the Citation was issued on October 25, 2015. Ms. Beaudin was present and testified: • On the day of the incident, she visited the beach and could not locate a handicap space in the area. • She parked in an unauthorized area and displayed her handicapped parking placard. • She intended to return periodically to check if someone had vacated a legal space which she could move her vehicle and occupy. • Before she could relocate her vehicle she received the Citation. • Over the past year she has had 3 operations and hasn't been out to the beach for a long period of time and wanted to enjoy some outdoor time. • She was not physically able to park in the parking garage due to the walking distance to the beach. • Any fine would be a financial hardship on her. Ranger Maunz testified he could accept leniency in the case given the circumstances. 3 December 4, 2015 Special Magistrate Garretson, after hearing the testimony DISMISSED the Citation due to the lack of available handicap parking facilities in the area. 10. CASE NO: CENA20150014491 OWNER: CARL FREDERICK BREWER EST OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181 AND 54-179. LITTER AND DEBRIS CONSISTING OF WOOD, CARDBOARD,PLASTIC,ETC.,LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 39331400007 VIOLATION ADDRESS: 131 22ND STREET NE,NAPLES Investigator Asaro presented the case. Evidence Entered: Composite Exhibit A: 2 photos dated 10/9/15 Composite Exhibit B: 3 photos dated 12/3/15 Exhibit C: Aerial photo of property. Nicholas Brewer, Mr. Frederick's son represented the estate and testified his father was a hoarder who had a lawn mower repair business on site. He has been working to remove the debris while the property is in probate. Investigator Asaro reported a significant amount of debris has been removed and Mr. Brewer cannot enter into a stipulation as he does not have title to the property. The County has no objection to a Continuance in the case given Mr. Brewer is taking action to abate the violation. Special Magistrate Garretson CONTINUED the case until it is reset by the County. VI. NEW BUSINESS A. Motion for Imposition of Fines: 3. CASE NO: CENA20150010711 OWNER: HACKBERRY CORP OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181. LITTER/DEBRIS SCATTERED THROUGHOUT ENTIRE PROPERTY INCLUDING CANAL EMBANKMENT. FOLIO NO: 35830041000 VIOLATION ADDRESS:4110 16TH PLACE SW,4120 16TH PLACE SW,4130 16TH PLACE SW,NAPLES SpiroTaruku, Property Manager was present. Investigator Davidson presented the case noting the violation has been abated, but after the prescribed time frame. Abatement Date: 10/9/15 Fine Amount: $100.00/day Duration: 9/12/15 — 10/9/15 (28 days) Total Fine Amount: $2,800.00 Unpaid Operational Costs: $114.95 Total to Date: $2,914.95 Special Magistrate Garretson noted the fines would be waived as the Respondent has abated the violation. 4 December 4, 2015 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$114.95. Said amount to become a lien on the property. 4. CASE NO: CESD20150002958 OWNER: SOUTHERNSCAPES SWFL LLC OFFICER: INVESTIGATOR JOE MUCHA 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 Caleb McConnell, owner was present. Supervisor Mucha presented the case noting the violation has been abated with Operational Costs due in the amount of$114.95. 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$114.95. Said amount to become a lien on the property. VI. PUBLIC HEARINGS (Continued) B. Hearings 2. CASE NO: PR054836-CEEX20150020792 OWNER: PATRICK TRACAVELLI OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO BEACH ACCESS,MARCO ISLAND Date of Hearing Notice by Certified Mail: 11/19/15 Ranger Maunz was present. Evidence Entered: Composite Exhibit A: 4 photos. The Respondent was not present. Ranger Maunz testified on the day of the incident he observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. Finding the Notice of Hearing was properly served, Special Magistrate Garretson upheld issuance of the citation and ordered the Respondent to pay a $30.00 Fine, Operational Costs of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$85.00. Total Amount Due: $85.00 4. CASE NO: PR054832-CEEX20150020641 OWNER: LOUIS DISANTI OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: SOUTH MARCO BEACH ACCESS,MARCO ISLAND 5 December 4, 2015 Date of Hearing Notice by Certified Mail: 11/19/15 Ranger Maunz was present. Evidence Entered: Composite Exhibit A: 4 photos. The Respondent was not present. Ranger Maunz testified on the day of the incident(October 11, 2015) he observed a vehicle parked without displaying a proper receipt for parking. Accordingly he issued the citation. Finding the Notice of Hearing was properly served, Special Magistrate Garretson upheld issuance of the citation and ordered the Respondent to pay a $30.00 Fine, Operational Costs of$50.00 and a $5.00 Adminstrative Fee for a total amount due of$85.00. Total Amount Due: $85.00 8. CASE NO: CENA20150013452 OWNER: CHRISTOPHER NORTH OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTION 54-179 AND 54-181. LITTER CONSISTING OF BUT NOT LIMITED TO: BROKEN FURNITURE,CHILDREN'S TOYS,ETC. FOLIO NO: 35643520006 VIOLATION ADDRESS:4340 22ND AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/18/15 Investigator Pulse presented the case. Evidence entered: Composite Exhibit A: 2 photos dated 7/22/15 Exhibit B: 2 Aerial photos of the property Exhbit C: 1 photo dated 12/2/15 The violation remains as of 12/4/15. 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 this case by January 4, 2016. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store said items in a completely enclosed structure by December 11, 2015 or a fine of$150.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance 24 hours. Notice shall be by phone and made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County 6 December 4, 2015 Sheriffs Office to enforce the provisions of the Order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.33 9. CASE NO: CEPM20150012708 OWNER: AT&T WIRELESS SERVICES OF FL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-240(1)(B). GARAGE WITH ROOF DAMAGE. FOLIO NO: 64210240007 VIOLATION ADDRESS: 1173 SUN CENTURY ROAD,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/16/15 Investigator Connetta presented the case. Evidence Entered: Exhibit A: 2 photos dated 7/7/15 and 9/14/15 The Respondents were not present. The violation remains as of 12/4/15. 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 January 4, 2016. 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 January 4, 2016 for the repair of the roof 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: $115.48 11. CASE NO: CEPM20150017838 OWNER: BETTY FREDERICK EST AND KAREN L.DONNADIO EST OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(12)(I). POOL SCREEN IN DISREPAIR/TORN. CHAIN LINK FENCE IN DISREPAIR. FOLIO NO: 36001560005 VIOLATION ADDRESS:2975 45TH STREET SW,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/16/15 7 December 4, 2015 Investigator Athey presented the case. Evidence Entered: Composite Exhibit A: 5 photos dated 9/11/15 Composite Exhibit B: 3 photos dated 11/3/15 Exhbit C: Aerial photo of the property The Respondents were not present. The violation remains as of 12/4/15. 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$115.40 incurred in the prosecution of the case by January 4, 2016. 2. Repair and/or replace al missing or torn pool cage screens and obtain any and all required Collier County Building Permit(s and Certificate of Occupancy by December 11, 2015 or a $250.00 per day will be imposed until the violation has been abated. 3. Must obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion to repair/remove the existing fence by January 4, 2016 or a fine of$100.00 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 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: $115.40 13. CASE NO: CEPM20150018950 OWNER: ORI&BHNV LLC OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C). HOLE IN ROOF. SOFFIT IN DISREPAIR. FOLIO NO: 67493320000 VIOLATION ADDRESS: 4201 ROSE AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/16/15 Investigator Athey presented the case. Evidence Entered: Composite Exhibit A: 5 photos dated 9/22/15 Composite Exhibit B: 5 photos dated 11/3/15 Composite Exhibit C: 4 photos dated 12/2/15 Exhbit D: Aerial photo of the property The Respondents were not present. The violation remains as of 12/4/15. 8 December 4, 2015 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 January 4, 2016. 2. Must repair any holes or other damage to the roof and soffit by January 4, 2016 or a $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 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: $115.48 C. Emergency Cases: None VII. NEW BUSINESS C. Motion for Imposition of Fines: 2. 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 Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/16/15 The Respondents were not present. Investigator Box reported the violation has been abated and the Operational Costs of$115.03 for today's hearing are due. He recommended the fines be waived. 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$115.03. Said amount to become a lien on the property. 5. 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),(R),AND(I). ROOF SOFFITS FALLING APART AND HOLES IN SCREEN DOOR. FOLIO NO: 53750880006 VIOLATION ADDRESS:4415 LAKEWOOD BLVD,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 9 December 4, 2015 Date of Hearing Notice Property/Courthouse Posting: 11/17/15 The Respondent was not present. Investigator Connetta presented the case noting the violation has not been abated. Special Magistrate Order: 10/2/15 Fine Amount: Part B and C: $250.00/day Duration: Part B and C: 32 days Total Fine Amount: Part B: $8,000.00 Part C: $8,000,00 Unpaid Operational Costs: $114.88 Total to Date: $16,114.88 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$16,114.88. Said amount to become a lien on the property with fines continuing to accrue. 6. 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: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/19/15 The Respondent was not present. Supevisor Perez presented the case noting the violation has not been abated. Special Magistrate Order: 10/2/15 Fine Amount: $100.00/day Duration: 32 days Total Fine Amount: $3,200.00 Unpaid Operational Costs: $230.21 Total to Date: $3,430.21 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$3,430.21. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CEPM20150015224 OWNER: REBECCA ROACH OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(2),22-231(11),AND 22-231(12)(I). OCCUPIED DWELLING WITH NO WATER SERVICE,NO ELECTRICITY,AND A BROKEN WINDOW ON UNIT#4. FOLIO NO: 35641440007 VIOLATION ADDRESS:4161 GOLDEN GATE PARKWAY,NAPLES Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/17/15 The Respondent was not present. 10 December 4, 2015 Investigator Connetta presented the case noting the violation has not been abated. Fine Amount: Part B and C: $500.00/day Duration: Part B: 26 days; Part C: 105 days Total Fine Amount: Part B: $13,000.00; Part C: $52,500.00 Unpaid Abatement Costs: $1,925.85 Unpaid Operational Costs: $230.58 Total to Date: $67,656.43 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$67,656.43. Said amount to become a lien on the property with fines continuing to accrue. 8. 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: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/17/15 The Respondents were not present. Investigator Ambach presented the case noting the violation has been abated by the County. Special Magistrate Order: 8/7/15 Fine Amount: $250/day Duration: 112 days Total Fine Amount: $28,000.00 Unpaid Operational Costs: $230.51 Unpaid Abatement Costs: $1,285.60 Total to Date: $29,516.51 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$29,516.51. Said amount to become a lien on the property with fines continuing to accrue. 9. 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 Date of Hearing Notice by Certified Mail: 11/19/15 Date of Hearing Notice Property/Courthouse Posting: 11/20/15 The Respondents were not present. 11 December 4, 2015 Investigator Asaro reported the violation has been abated but the Operational Costs of$230.58 have not been paid. Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$230.58. 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: January 15, 2016, 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 11:22 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING nda Garretson, Special Magistrate The Minutes were approved by the Special Magistrate on 1S1,:?nD kb, as presented V , or as amended 12