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CESM Minutes 01/15/2016 January 15, 2016 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 15, 2016 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: January 15,2016 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 HI. APPROVAL OF MINUTES—December 4,2015 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1 B. Hearings 1. CASE NO: S0179635-CEEX20150023134 OWNER: SIDNEY SAPAKIE OFFICER: DEPUTY LEACH VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: HOLLYWOOD 20,NAPLES 2. CASE NO: S0157421-CEEX20150022106 OWNER: ALAN SCHIFFEREN OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE,STRIPED AREA VIOLATION ADDRESS: COSTCO,NAPLES 3. CASE NO: 50182017-CEEX20150023317 OWNER: LORENZO ZECCHINI OFFICER: DEPUTY KELLER VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 EXPIRED METER VIOLATION ADDRESS: METERS ON VANDERBILT,NAPLES 4. CASE NO: PR054960-CEEX20150023446 OWNER: MICHAEL BONNER 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 5. CASE NO: PR055110-CEEX20150023923 OWNER: MIDALIS BLANCO AND RICHARD SIERRA OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 FAILURE TO PROPERLY DISPLAY A CURRENT LAUNCH FEE RECEIPT,DATE/TIME NOT VISIBLE. VIOLATION ADDRESS: BAYVIEW PARK,NAPLES 6. CASE NO: PR055097-CEEX20150024122 OWNER: GARY FRY OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CLAM PASS PARK,NAPLES 2 7. CASE NO: PU4723-CEEX20I 50023487 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-174,SECTION(NXQ). GRAY PLASTIC HOSE BIB CONNECTED TO CURBSTOP WITHOUT A METER AND RPZ. FOLIO NO: 59840000363 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES 8. CASE NO: PU4849-CEEX20150023536 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 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: 78536000386 VIOLATION ADDRESS: 14351 TUSCANY POINTE TRL,NAPLES 9. CASE NO: PU5206-CEEX20150023540 OWNER: LENNAR HOMES LLC OFFICER: INVESTIGATOR NATALIE SMITH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62,SECTION 1.9. THE BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED. FOLIO NO: 53264301563 VIOLATION ADDRESS: 9476 CARMINI CT,NAPLES 10. CASE NO: PU5278-CEEX20150023543 OWNER: MINTO SABAL BAY LLC OFFICER: INVESTIGATOR ROBIN GOLDSBORO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62,SECTION 1.9.THE BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED, ILLEGAL TAMPERING. FOLIO NO: 52505039207 VIOLATION ADDRESS: 7193 DOMINICA DR,NAPLES 11. CASE NO: DAS19149-CEEX20150023904 OWNER: ADRIAN BETANCOURT OFFICER: A.RIVERA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,SECTION 14-34(1)(B). RUNNING AT LARGE. VIOLATION ADDRESS: 12405 COLLIER BLVD,NAPLES 3 12. CASE NO: CEPM20150019660 OWNER: LESLIE J. HARVEY AND LOIS R.HARVEY OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(I)AND 22-242. UNSECURED VACANT DWELLING WITH BROKEN WINDOW. FOLIO NO: 35647520002 VIOLATION ADDRESS: 4311 GOLDEN GATE PARKWAY,NAPLES 13. CASE NO: CEROW20150019121 OWNER: O'CONNELL J.BENJAMIN AND DAUGHN BENJAMIN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II,CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION I GENERALLY,SECTION 110-30. DAMAGED DRIVEWAY APRON AND CULVERT PIPE. FOLIO NO: 67184720003 VIOLATION ADDRESS: 86 RIDGE DRIVE,NAPLES 14. CASE NO: CEPM20150019817 OWNER: GLORIA ANZUALDA OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)N). FENCE IN NEED OF REPAIR. FOLIO NO: 63860120002 VIOLATION ADDRESS: 302 WASHINGTON AVENUE,IMMOKALEE 15. CASE NO: CEV20150019456 OWNER: YOLANDE CEUS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY. FOLIO NO: 45903880007 VIOLATION ADDRESS: 971 21ST STREET SW,NAPLES 16. CASE NO: CENA20150023115 OWNER: YVETTE TUCCI OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(A). WEEDS THAT EXCEED 18 INCHES. FOLIO NO: 53751680001 VIOLATION ADDRESS: 4410 LAKEWOOD BLVD,NAPLES 4 C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CENA20150015570 OWNER: IRIS M.PAUL OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER, FOLIO NO: 63505080009 VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES 2. CASE NO: CEPM20150001679 OWNER: ANA ELIAS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(M),(12)(B),(12)(P),(12)(C),AND(12)(1). SEVERAL PROPERTY MAINTENANCE ISSUES CONSISTING OF BUT NOT LIMITED TO: DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS,EXTERIOR WALLS, INTERIOR WALLS,WINDOWS,INTERIOR FLOORS,AND EXTERIOR DOORS ON RESIDENTIAL PROPERTY. FOLIO NO: 00129200008 VIOLATION ADDRESS: 2707 IMMOKALEE DRIVE, IMMOKALEE 3. CASE NO: CEPM20150013201 OWNER: ARLP TRUST 4 OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (12)(I)AND 22-228(1). BOARDED WINDOW AND GARAGE DOOR IN DISREPAIR. FOLIO NO: 68042760007 VIOLATION ADDRESS: 3046 POINCIANA DRIVE,NAPLES 4. 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 5 5. CASE NO: CENA20150015358 OWNER: SALVADOR CHAIREZ AND MARIA M.CHAIREZ OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-179 AND 54-181. LITTER AND DEBRIS CONSISTING OF WOOD,TIRES, PLASTIC,ETC,LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 39205200003 VIOLATION ADDRESS: 710 12TH STREET 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. None IX. REPORTS X. NEXT MEETING DATE: February 5, 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 January 15, 2016 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: 9:32 a.m. Reconvened: 9:50 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: • #13 - CASE NO: CEROW20150019121 -O'CONNELL J. BENJAMIN& DAUGHN BENJAMIN • #15 -CASE NO: CEV20150019456-YOLANDE CEUS Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #7 -CASE NO: PU4723-CEEX20150023487-D R HORTON INC. • #8 -CASE NO: PU4849-CEEX20150023536-D R HORTON INC • #10-CASE NO: PU5278-CEEX20150023543-MINTO SABAL BAY LLC Under item V.B —Hearings, the following cases were withdrawn: • #2 -CASE NO: S0157421-CEEX20150022106-ALAN SCHIFFEREN • #3 -CASE NO: S0182017-CEEX20150023317-LORENZO ZECCHINI • #4-CASE NO: PR054960-CEEX20150023446-MICHAEL BONNER • #5 -CASE NO: PR055110-CEEX20150023923 -MIDALIS BLANCO AND RICHARD SIERRA • #9-CASE NO: PU5206-CEEX20150023540- LENNAR HOMES LLC • #12 -CASE NO: CEPM20150019660-LESLIE J.HARVEY AND LOIS R.HARVEY • #14 - CASE NO: CEPM20150019817-GLORIA ANZUALDA • #16 -CASE NO: CENA20150023115-YVETTE TUCCI Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES—December 4, 2015 The minutes of the December 4, 2015 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. Motion for Continuance 2 January 15, 2016 1. CASE NO: CEROW20150019121 OWNER: O'CONNELL J.BENJAMIN AND DAUGHN BENJAMIN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES,ARTICLE II, CONSTRUCTION IN PUBLIC RIGHT OF WAY, DIVISION 1 GENERALLY, SECTION 110-30. DAMAGED DRIVEWAY APRON AND CULVERT PIPE. FOLIO NO: 67184720003 VIOLATION ADDRESS: 86 RIDGE DRIVE,NAPLES The Respondent was not present but submitted the request in writing. Investigator Musse represented the County and had no objection to the request. Special Magistrate Garretson GRANTED a CONTINUANCE in the case until March 15, 2015. 2. CASE NO: CEV20150019456 OWNER: YOLANDE CEUS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130-95. UNLICENSED/INOPERABLE VEHICLES ON THE PROPERTY. FOLIO NO: 45903880007 VIOLATION ADDRESS: 971 21ST STREET SW,NAPLES The Respondent was not present but submitted the request in writing requesting a 180 day continuance noting he was waiting for his tax refund to repair the vehicles. Investigator Asaro represented the County and reported that there are 3 vehicles involved in the violation. Special Magistrate Garretson GRANTED a CONTINUANCE in the case until February 5, 2016. B. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: PU4723-CEEX20150023487 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-174, SECTION (N)(Q). GRAY PLASTIC HOSE BIB CONNECTED TO CURBSTOP WITHOUT A METER AND RPZ. FOLIO NO: 59840000363 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES Investigator Andresky requested the hearing. The Stipulation was entered into by the Respondent's representative Joe Marmolejos on January 15, 2016. 3 January 15, 2016 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 2,500.00 4. Total Charges are $2,555.00 due by February 15, 2016. Total Amount Due: $2,555.00 2. CASE NO: PU4849-CEEX20150023536 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 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: 78536000386 VIOLATION ADDRESS: 14351 TUSCANY POINTE TRL,NAPLES Investigator Phillips requested the hearing. The Stipulation was entered into by the Respondent's representative Joe Marmolejos on January 15, 2016. 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 2,500.00 4. Total Charges are $2,555.00 due by February 15, 2016. Total Amount Due: $2,555.00 3. CASE NO: PU5278-CEEX20150023543 OWNER: MINTO SABAL BAY LLC OFFICER: INVESTIGATOR ROBIN GOLDSBORO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES 134-62, SECTION 1.9. THE BACK LEG OF THE RPZ PULLED OUT OF GROUND AND TURNED, ILLEGAL TAMPERING. FOLIO NO: 52505039207 VIOLATION ADDRESS: 7193 DOMINICA DR,NAPLES Investigator Goldsboro requested the hearing. The Stipulation was entered into by the Respondent's representative Jessica Evenbaum on January 15, 2016. 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$500.00. 4 January 15, 2016 4. Total Charges are $555.00 due by February 15, 2016. Total Amount Due: $555.00 B. Hearings 1. CASE NO: 50179635-CEEX20150023134 OWNER: SIDNEY SAPAKIE OFFICER: DEPUTY LEACH VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: HOLLYWOOD 20, NAPLES Deputy Leach was present. County Evidence Entered: Composite Exhibit A: 2 photos depicting the violation. Sidney Sapakie was present and testified: • He is in possession of a legally issued parking placard to occupy spaces reserved for handicapped persons. • On 11/23/15, he entered the parking lot at Hollywood 20 Naples and located a parking space reserved for handicapped patrons. • When he approached the space, he noticed the concrete parking bumper was out of position and perpendicular in the parking space. • He could not pull into the space for fear of damaging the under carriage of his vehicle, so he parked adjacent to the encumbered space, partially in the zone reserved for access in and out of handicapped vehicles. • He was unaware parking in this portion of the space was prohibited by law. • He provided a photo (Exhibit A) depicting the parking bumper in the middle of the space. Deputy Leach testified that on the day of the incident he was on routine patrol when he observed the car in question parked between two handicapped parking spaces on the area designated for occupant access to the vehicle. Accordingly he issued the citation. Special Magistrate Garretson, after hearing the testimony and reviewing the evidence DISMISSED the CITATION as the property owner has failed to adequately maintain the parking space for use by handicapped individuals. 6. CASE NO: PR055097-CEEX20150024122 OWNER: GARY FRY OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW& ORD., SEC. 130-66 FAILURE TO DISPLAY PAID PARKING RECEIPT VIOLATION ADDRESS: CLAM PASS PARK,NAPLES Ranger Maunz was present. Gary Fry was present and testified: • On the day of the incident he obtained a parking ticket by paying cash and displayed the receipt on his dashboard. 5 January 15, 2016 • When he removed items from the back of his vehicle via the hatchback he speculates the wind blew the ticket onto the floor of the vehicle as when he returned from the beach he saw the Citation and found the receipt on the driver's side floor of his vehicle. • When he contacted County Staff, they notified him as he paid in cash, there was no way to verify he paid the necessary parking fee (unlike payment by credit card). • Sally Fry, his wife stated Mr. Fry's testimony was an accurate account of the events that day. Ranger Maunz testified that he inspected the vehicle the day in question and did not see a receipt on the dashboard of the car. Accordingly he issued a Citation as the Ordinance requires the receipt be displayed on the dashboard. He did not inspect the floor of the vehicle for the receipt. Special Magistrate Garretson, after hearing the testimony DISMISSED the CITATION. 11. CASE NO: DAS19149-CEEX20150023904 OWNER: ADRIAN BETANCOURT OFFICER: A. RIVERA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, SECTION 14-34(1)(B). RUNNING AT LARGE VIOLATION ADDRESS: 12405 COLLIER BLVD,NAPLES Officer Rivera was present. Adrian Betancourt was present. Oded Mendez was present and stated she was aware the events regarding the dog and would like to testify on his behalf in the case. Ms. Mendez testified: • On 12/7/15, their German Shepherd was running at large. • The dog is "crazy" and hard to control, however they have a 6 foot high fence in the yard, and utilized a shocker collar system, however the dog still manages to escape as the fence and the collar does not restrict this activity. • One issue is the neighbors feed the dog which tempts him to run at large. • Subsequent to this event, approximately 3 weeks ago they ascertained a large cage and the dog, an outside dog has been restricted to the area, but does have area to move freely within the confines. • Since the cage was installed, the dog has not run at large. Officer Rivera testified: • On 12/10/15 a Citation was issued as the dog found running at large by the Collier County Sheriff's Office on 12/7/15. • This was the fourth time the Sheriff's Department has found the dog running at large. • On 12/20/15 the dog was again picked up for running at large, and another Citation was issued with a case pending. Ms. Mendez testified: • On 12/20/15 the dog did break through the screen during the night and they tried to locate the dog in the early morning hours but could not find him. 6 January 15, 2016 • Since the new cage was installed following this incident, the dog has not run at large. • The cost of the cage was approximately $600. Special Magistrate Garretson noted that the cage appears to have resolved the issue with the maximum fine that may be imposed being $500.00. Special Magistrate Garretson, after hearing the testimony UPHELD the CITATION and ordered the Respondent to pay a $150.00 Fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total due of$205.00. Said amount to be paid by February 15, 2016 Total Amount Due: $205.00 C. Emergency Cases None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CENA20150015570 OWNER: IRIS M.PAUL OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54-181. UNAUTHORIZED ACCUMULATION OF LITTER. FOLIO NO: 63505080009 VIOLATION ADDRESS: 3612 CROTON ROAD,NAPLES Charles B. Riddle was present, however has no standing in the case. He resides on the property and the debris belongs to a relative. Ms. Adams reported a notice was sent to the owner via Cerfied Mail on 12/30/15. Investigator Ford presented the case noting the violation has not been abated. Special Magistrate Order: 9/3/15 Fine Amount: $100.00/day Duration: 126 days Total Fine Amount: $12,600.00 Unpaid Operational Costs: $230.28 Total to Date: $12,830.28 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County's Motion for Imposition of Fines for a total amount due of$12,830.28. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CEPM20150001679 OWNER: ANA ELIAS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231(12)(M), (12)(B), (12)(P), (12)(C), AND(12)(I). SEVERAL PROPERTY MAINTENANCE ISSUES CONSISTING OF BUT NOT LIMITED TO: DECAYED/DETERIORATED/POORLY MAINTAINED CEILINGS, 7 January 15, 2016 EXTERIOR WALLS, INTERIOR WALLS, WINDOWS, INTERIOR FLOORS, AND • EXTERIOR DOORS ON RESIDENTIAL PROPERTY. FOLIO NO: 00129200008 VIOLATION ADDRESS: 2707 IMMOKALEE DRIVE, IMMOKALEE Maria L Silva DeArrequin, grandmother of Ana Elias was present and presented written permission to represent the Ms. Elias. Ms. Elias's godson translated for Ms. Silva DeArrequin. Ms. Silva DeArrequin reported that the violation is being abated and only general maintenance items remain. Supervisor Mucha confirmed a site inspection was conducted on 1/14/16 and the violation is 95 percent abated. Special Magistrate Garretson CONTINUED the case until February 5, 2015. 3. CASE NO: CEPM20150013201 OWNER: ARLP TRUST 4 OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTION 22-231 (12)(I)AND 22-228(1). BOARDED WINDOW AND GARAGE DOOR IN DISREPAIR. FOLIO NO: 68042760007 VIOLATION ADDRESS: 3046 POINCIANA DRIVE,NAPLES Investigator Walker represented the County. Grzegorz Dubiel was present and reported that he purchased the property out of foreclosure on January 8, 2016. He is taking the necessary measures to abate the violation by meeting with a window contractor today and having the garage door repaired/replaced on January 20, 2016. Special Magistrate Garretson CONTINUED the case until April 1, 2016. 4. 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 Bennett Johnston was present. Investigator Musse presented the case noting the violation has been abated. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 5. CASE NO: CENA20150015358 OWNER: SALVADOR CHAIREZ AND MARIA M. CHAIREZ OFFICER: INVESTIGATOR TONY ASARO 8 January 15, 2016 VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54, ARTICLE VI, SECTION 54-179 AND 54-181. LITTER AND DEBRIS CONSISTING OF WOOD, TIRES, PLASTIC,ETC, LOCATED THROUGHOUT THE PROPERTY. FOLIO NO: 39205200003 VIOLATION ADDRESS: 710 12TH STREET SE,NAPLES Date of Hearing Notice by Certified Mail: 12/30/15 Date of Hearing Notice Property/Courthouse Posting: 1/5/16 The Respondents were not present. Investigator Asaro presented the case noting the violation has been abated and the previoulsy assessed Operational Costs have been paid. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 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: February 5, 2016, at 9:00 A.M. located at the Collier County Government Center,3299 East Tamiami Trail, Building F,3rd Floor, Naples, Florida ***** 9 January 15, 2016 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:45 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING enda Garret on, Special Magistrate The Minutes were approved by the Special Magistrate on I dOtt as presented , or as amended 10