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CESM Minutes 05/06/2016 May 6, 2016 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 6, 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: Jeff Letourneau, Manager of Inspectors Kerry Adams, Code Enforcement Specialist I HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: May 6,2016 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 II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—April 1,2016 IV. MOTIONS A. Motion for Continuance B. Motion for Extension of Time V. PUBLIC HEARINGS A. Stipulations 1 B. Hearings 1. CASE NO: S0181929-CEEX20160005243 OWNER: ARTHUR KLINK OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,NO PLACARD VISIBLE VIOLATION ADDRESS: WALMART AT 41 AND IMMOKALEE,NAPLES 2. CASE NO: S0167824-CEEX20160003665 OWNER: GINETTE CARTER AND ALLEN CARTER OFFICER: DEPUTY DORNBACK VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-66 UNLAWFUL AREA,SWALE VIOLATION ADDRESS: 55TH STREET SW,NAPLES 3. CASE NO: PR055767-CEEX20160006018 OWNER: GREGORY SUM OFFICER: PARK RANGER BARRY GORNIAK VIOLATIONS: CODE OF LAW&ORD.,SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: N GULFSHORE ACCESS,NAPLES 4. CASE NO: PR054415-CEEX20160006365 OWNER: DON WHITE OFFICER: PARK RANGER PETILLO JONES VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA,VEHICLE OCCUPYING TWO SPACES IS PROHIBITED. VIOLATION ADDRESS: NORTH COLLIER REGIONAL PARK,NAPLES 5. CASE NO: PU5305-CEEX20160005725 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR JOSE QUINTERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174, SECTION (N)(Q).UNLAWFUL CONNECTION PROHIBITED BY CONNECTING DIRECTLY INTO COUNTY CURBSTOP WITH NO BACKFLOW.NO FREE SERVICE.CUSTOMER CONNECTED TO COUNTY WATER WITH NO METER ILLEGALLY. FOLIO NO: 78536001783 VIOLATION ADDRESS: 14405 TUSCANY POINTE TRL,NAPLES 2 6. CASE NO: CELU20160003551 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A). OUTSIDE STORAGE OF LARGE AMOUNTS OF FURNITURE,COOLERS, CONTAINERS,TRASH BAGS,CARDBOARD BOXES,APPLIANCES,ETC. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES 7. CASE NO: CESD20150024224 OWNER: DELIO G.CONDOMINA EST AND JOSE M.CONDOMINA OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). TWO UNPERMITTED SHEDS LOCATED IN THE REAR OF THE YARD. FOLIO NO: 62252640007 VIOLATION ADDRESS: 5250 GILCHRIST STREET,NAPLES 8. CASE NO: CESD20150020036 OWNER: JUSTIN()GONZALEZ OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SHED ON PROPERTY WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 38334400005 VIOLATION ADDRESS: 6060 DOGWOOD WAY,NAPLES 9. CASE NO: CESD20160003515 OWNER: CKK PROPERTIES LLC OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).UNPERMITTED STRUCTURES AND FENCE ON THE PROPERTY. FOLIO NO: 41221240006 VIOLATION ADDRESS: 3440 22ND AVENUE SE,NAPLES 10. CASE NO: CESD20150015836 OWNER: CAMILO T.MARTINEZ OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A). A CHICKEE TYPE STRUCTURE BUILT WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 77161960009 VIOLATION ADDRESS: 1215 N 18TH STREET,IMMOKALEE 3 C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20150022109 OWNER: TRUST MORTGAGE LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C)AND 22-228(1). LEAKS IN THE ROOF CAUSING DAMAGE TO THE CEILING IN THE LIVING ROOM AND BEDROOMS. FOLIO NO: 37921320007 VIOLATION ADDRESS: 4485 15TH AVENUE SW,NAPLES 2. CASE NO: CEPM20150021740 OWNER: VIRGINIA VILLARREAL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-242.UNSECURED VACANT DWELLING INVOLVED IN A HOUSE FIRE IN OCTOBER 2015. FOLIO NO: 30732800001 VIOLATION ADDRESS: 1314 TANGERINE STREET,IMMOKALEE 3. CASE NO: CEPM20160002449 OWNER: FEDERAL NATIONAL MORTGAGE ASSN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(11).OCCUPIED DWELLING WITH NO ELECTRICITY SERVICE FOR SEVERAL MONTHS. FOLIO NO: 77411440004 VIOLATION ADDRESS: 1297 TRAIL TERRACE DRIVE,NAPLES 4. CASE NO: CEPM20150004907 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 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 4 5. CASE NO: CEPM20150010315 OWNER: KIMBERLY L.BERES AND JOSEPH J. BERES OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-242. REAR DOOR IS OPEN AND HOUSE IS UNSECURED. FOLIO NO: 35641120000 VIOLATION ADDRESS: 4148 23RD PLACE SW,NAPLES 6. CASE NO: CEPM20150015711 OWNER: MARIA LUISA MUNIZ OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231 (1)AND(2). DISCONNECTED WATER SERVICE AT OCCUPIED RESIDENTIAL PROPERTY. FOLIO NO: 00765840000 VIOLATION ADDRESS: 17034 MORGAN DRIVE,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: June 3, 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 5 May 6, 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 9:00 AM. 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: 9:21 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 Item V.0—Motion for Continuance: • #1 - CASE NO: S0181929-CEEX20160005243-ARTHUR KLINK • #9-CASE NO: CESD20160003515-CKK PROPERTIES LLC Under Item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #10-CASE NO: CESD20150015836-CAMILO T.MARTINEZ • #5-CASE NO: PU5305-CEEX20160005725-D R HORTON INC. • #8-CASE NO: CESD20150020036-JUSTINO GONZALEZ Under Item V.B—Hearings, the following cases were withdrawn: • #3 -CASE NO: PR055767-CEEX20160006018-GREGORY SUM • #4- CASE NO: PR054415-CEEX20160006365-DON WHITE Under Item VI.A Motion for Imposition of Fines, the following case was withdrawn: • #6-CASE NO: CEPM20150015711-MARIA LUISA MUNIZ Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES—April 1, 2016 The minutes of the April 1, 2016 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. Motion for Continuance 1. CASE NO: SO181929-CEEX20160005243 OWNER: ARTHUR KLINK OFFICER: DEPUTY HILL VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,NO PLACARD VISIBLE VIOLATION ADDRESS:WALMART AT 41 AND IMMOKALEE,NAPLES 2 May 6, 2016 Mr. Klink was not present but submitted the request for a Continuance in writing. Deputy Hill represented the County and did not object to the request. Special Magistrate Garretson GRANTED the Respondents Motion for a Continuance until the November hearing date. 9. CASE NO: CESD20160003515 OWNER: CKK PROPERTIES LLC OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).UNPERMITTED STRUCTURES AND FENCE ON THE PROPERTY. FOLIO NO: 41221240006 VIOLATION ADDRESS:3440 22ND AVENUE SE,NAPLES Gary Connor was not present but submitted the request in writing. Investigator Asaro represented the County and did not object to the request. Special Magistrate Garretson GRANTED the Respondents Motion for a Continuance until the June meeting. B. Motion for Extension of Time None V. PUBLIC HEARINGS A. Stipulations 10. CASE NO: CESD20150015836 OWNER: CAMILO T.MARTINEZ OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). A CHICKEE TYPE STRUCTURE BUILT WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 77161960009 VIOLATION ADDRESS: 1215 N 18TH STREET,IMMOKALEE Investigator Silvero-Lopez requested the hearing. The Stipulation was entered into by the Camilo Martinez on May 5, 2016. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case by June 6, 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 Completion/Occupancy by September 6, 2016 or a fine of$200.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement when the violation has been abated in order to conduct a site inspection to confirm the violation has been abated. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 3 May 6, 2016 Total Amount Due: $115.10 5. CASE NO: PU5305-CEEX20160005725 OWNER: D R HORTON INC. OFFICER: INVESTIGATOR JOSE QUINTERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 134-174,SECTION (N)(Q).UNLAWFUL CONNECTION PROHIBITED BY CONNECTING DIRECTLY INTO COUNTY CURBSTOP WITH NO BACKFLOW.NO FREE SERVICE. CUSTOMER CONNECTED TO COUNTY WATER WITH NO METER ILLEGALLY. FOLIO NO: 78536001783 VIOLATION ADDRESS: 14405 TUSCANY POINTE TRL,NAPLES Investigator Quintero requested the hearing. The Stipulation was entered into by the Respondent representative Joe Marmolejos on May 6, 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$7,000.00 4. Total Charges are $7,055.00 due by June 6, 2016. 8. CASE NO: CESD20150020036 OWNER: JUSTINO GONZALEZ OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). SHED ON PROPERTY WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 38334400005 VIOLATION ADDRESS:6060 DOGWOOD WAY,NAPLES Investigator Silvero-Lopez requested the hearing. The Stipulation was entered into by the Justino Gonzalez on May 6, 2016. Maria Gonzalez, daughter, translated for Mr. Gonzalez. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.10 incurred in the prosecution of the case by June 6, 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 Completion/Occupancy by July 6, 2016 or a fine of$100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement when the violation has been abated in order to conduct a site inspection to confirm the violation has been abated. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.10 4 May 6, 2016 B. Hearings 2. CASE NO: S0167824-CEEX20160003665 OWNER: GINETTE CARTER AND ALLEN CARTER OFFICER: DEPUTY DORNBACK VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 UNLAWFUL AREA, SWALE VIOLATION ADDRESS: 55TH STREET SW,NAPLES Allen Carter was present and reported he had recently purchased the property. The vehicle was parked in the right of way on the grass in front of his property while he was moving in with a UHaul truck. He returned the truck to the rental agency and when he arrived back home he found a Citation on the vehicle. It was only unattended for about 30—40 minutes. Deputy Dornback testified he was on routine patrol when he encountered the vehicle and no one was on site at the time. Accordingly, he issued the Citation. After hearing the testimony, Special Magistrate Garretson DISMISSED the Citation. 6. CASE NO: CELU20160003551 OWNER: ALEJANDRA LYNCH OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 1.04.01(A). OUTSIDE STORAGE OF LARGE AMOUNTS OF FURNITURE,COOLERS, CONTAINERS,TRASH BAGS,CARDBOARD BOXES,APPLIANCES,ETC. FOLIO NO: 62260040000 VIOLATION ADDRESS: 5330 BROWARD STREET,NAPLES Investigator Musse and Manager Letourneau represented the County. Evidence Entered: Composite Exhibit A: 10 photos dated 3/8/16 Exhibit B: 1 aerial map of the site Composite Exhibit C: 6 photos dated 3/5/16 Alejandra Lynch was present. Mr. Musse testified: • The house was subject to foreclosure however the Ms. Lynch managed to retain the property. • During this time period, in anticipation of relocating, Ms. Lynch emptied out 2 storage lockers and placed the items on the lawn for donation. • The site has been the subject of previous violations,the last reported on December 9, 2014 which was abated. • She received a continuance for this case on April 1, 2016 and when he visited the property on May 5, 2016, the violation has been abated. • Operational costs of$115.10 are due in processing of the case and their have been 36 complaints filed on the property since 1996. Manager Letourneau requested a fine of$500.00 be imposed as it is a reoccurring violation and the neighbors file complaints on the outside storage and expressed concern the activity will continue. Ms. Lynch stated she will cease the activity and another violation will not occur. 5 May 6, 2016 After reviewing the evidence and hearing the testimony, Special Magistrate Garretson ordered the Respondent to pay Opeational Costs in the amount of$115.10 by November 6, 2016. Total Amount Due: $115.10 7. CASE NO: CESD20150024224 OWNER: DELIO G.CONDOMINA EST AND JOSE M.CONDOMINA OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). TWO UNPERMITTED SHEDS LOCATED IN THE REAR OF THE YARD. FOLIO NO: 62252640007 VIOLATIONADDRESS: 5250 GILCHRIST STREET,NAPLES Investigator Musse presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 11/17/15 Exhibit B: 1 photo dated 11/29/15 Exhibit C: 1 photo dated 5/5/16 Exhibit D: 1 aerial map of the site Exhibit E: 1 zoninp map of the site Investigator Musse reported Mr. Condomina has removed one shed and intends to remove the one remaining on site. 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$115.18 incurred in the prosecution of the case by June 6, 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 June 6, 2016 or a fine of$100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement when the violation has been abated in order to conduct a site inspection to confirm the violation has been abated. If the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $115.18 C. Emergency Cases: None VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20150022109 OWNER: TRUST MORTGAGE LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(C)AND 22-228(1). LEAKS IN THE ROOF CAUSING DAMAGE TO THE CEILING IN THE LIVING ROOM AND BEDROOMS. FOLIO NO: 37921320007 6 May 6, 2016 VIOLATION ADDRESS:4485 15TH AVENUE SW,NAPLES Date of Hearing Notice by Certified Mail: 4/19/16 Date of Hearing Notice Property/Courthouse Posting: 4/18/16 The Respondents were not present. Investigator Connetta presented the case noting the violation has not been abated. Special Magistrate Order: 3/4/16 Fine Amount: $200.00/day Duration: 4/5/16—5/6/16 (32 days) Total Fine Amount: $6,400.00 Unpaid Operational Costs: $230.51 Total to Date: $6,630.51 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$6,630.51. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CEPM20150021740 OWNER: VIRGINIA VILLARREAL OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-242.UNSECURED VACANT DWELLING INVOLVED IN A HOUSE FIRE IN OCTOBER 2015. FOLIO NO:, 30732800001 VIOLATION ADDRESS: 1314 TANGERINE STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 4/19/16 Date of Hearing Notice Property/Courthouse Posting: 4/19/16 The Respondent was not present. Investigator Connetta presented the case noting the violation has been abated. Abatement Date: 4/25/16 Fine Amount: $250.00/day Duration: 4/5/16—4/25/16 (21 days) Total Fine Amount: $5,250.00 Unpaid Operational Costs: $114.88 Total to Date: $5,364.88 Finding the Notice of Hearing was properly served,Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 3. CASE NO: CEPM20160002449 OWNER: FEDERAL NATIONAL MORTGAGE ASSN OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(11). OCCUPIED DWELLING WITH NO ELECTRICITY SERVICE FOR SEVERAL MONTHS. FOLIO NO: 77411440004 VIOLATION ADDRESS: 1297 TRAIL TERRACE DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 4/19/16 Date of Hearing Notice Property/Courthouse Posting: 4/19/16 7 May 6, 2016 The Respondent was not present. Investigator Connetta presented the case noting the violation has been abated however Operational Costs have not been paid. Abatement Date: 4/15/16 Fine Amount: $500.00 day Duration: 3/12/16—4/15/16 (35 days) Total Fine Amount: $17,500.00 Unpaid Operational Costs: $230.35 Total to Date: $17,730.35 Finding the Notice of Hearing was properly served,Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines but ordered the Operational Costs of$230.35 be paid. 4. CASE NO: CEPM20150004907 OWNER: FEDERAL NATIONAL MORTGAGE ASSN 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: 4/19/16 Date of Hearing Notice Property/Courthouse Posting: 4/19/16 The Respondent was not present. Investigator Connetta presented the case noting the violation has been abated. Abatement Date: 4/7/16 Fine Amount: $250.00 day Duration: 10/10/15 —4/7/16 (181 days) Total Fine Amount: $45,250.00 Unpaid Operational Costs: $114.95 Total to Date: $45,364.95 Finding the Notice of Hearing was properly served,Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. 5. CASE NO: CEPM20150010315 OWNER: KIMBERLY L.BERES AND JOSEPH J.BERES OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-242. REAR DOOR IS OPEN AND HOUSE IS UNSECURED. FOLIO NO: 35641120000 VIOLATION ADDRESS:4148 23RD PLACE SW,NAPLES Date of Hearing Notice by Certified Mail: 4/19/16 Date of Hearing Notice Property/Courthouse Posting: 4/22/16 The Respondent was not present. Investigator Rodriguez presented the case noting the violation has not been abated but the County did board the structure. 8 May 6, 2016 Fine Amount: $250.00 day Duration: 10/5/15 —5/6/16 (215 days) Total Fine Amount: $53,750.00 Unpaid Operational Costs: $230.05 Unpaid Boarding Costs: $468.00 Total to Date: $54,448.05 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$54,448.05. Said amount to become a lien on the property with fines continuing to accrue. 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: June 3, 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 11:23 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 9 May 6, 2016 da Garr on, Special Magistrate The Minutes were approved by the Special Magistrate on I/AL 3 t I (O , as presented ✓ , or as amended 10