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CESM Minutes 09/02/2016 September 2, 2016 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 2, 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 Cristina Perez, Investigator Supervisor 1 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: September 2,2016 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. 1. CALL TO ORDER—Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—August 5,2016 IV. MOTIONS A. Motion for Reduction/Abatement of fines B. Motion for Continuance C. Motion for Extension of Time 1. CASE NO: CEROW20150016760 OWNER: PATRICIA SOTO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). EXPIRED RIGHT OF WAY PERMIT. FOLIO NO: 39954240000 VIOLATION ADDRESS: 3345 35TH AVENUE NE,NAPLES 1 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: CEPM20160006123 OWNER: LOWFIELD REALTY GROUP LLC OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-240(1XJ).EXTERIOR SURFACE OF BUILDING IN DISREPAIR. FOLIO NO: 428640000 VIOLATION ADDRESS: 5498 RATTLESNAKE HAMMOCK ROAD,NAPLES 2. CASE NO: CEPM20160006415 OWNER: DILOZIR IRA OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12XI)AND 22-242.UNSECURED VACANT DWELLING WITH BROKEN WINDOWS. FOLIO NO: 35755120006 VIOLATION ADDRESS: 4301 20TH PL SW,NAPLES 3. CASE NO: CENA20160000696 OWNER: DANIEL FARAONE AND DONNA VALDEZ OFFICER: INVESTIGATOR SHERRY PATTERSON 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 TIRES, WOOD,PLASTIC,CARDBOARD,METAL,BROKEN APPLIANCES,OLD SWIMMING POOL OR HOT TUB FILLED WITH MISCELLANEOUS JUNK AND TRASH,CARPET,CAR SEATS,VEHICLE PARTS,ETC.LITTER IS THROUGHOUT THE PROPERTY BUT MAINLY IN THE REAR YARD. FOLIO NO: 40864120005 VIOLATION ADDRESS: 3590 4TH AVENUE SE,NAPLES 2 4. CASE NO: CESD20150023771 OWNER: DANIEL FARAONE AND DONNA VALDEZ OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(BX I XA), I0.02.06(BXIXE)AND 10.02.06(BX1XEXl). UNPERMITTED STORAGE SHEDS AND ANIMAL PENS. FOLIO NO: 40864120005 VIOLATION ADDRESS: 3590 4TH AVENUE SE,NAPLES 5. CASE NO: CEPM20160007563 OWNER: GMAC MORTGAGE LLC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12XI)AND 22-242. UNSECURED VACANT DWELLING WITH BROKEN SLIDER DOOR WINDOW. FOLIO NO: 36245440004 VIOLATION ADDRESS: 5071 19TH CT SW,NAPLES 6. CASE NO: CEPM20160006341 OWNER: DEUTSCHE BANK NATL TR CO TR OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-241(1). BOARDING CERTIFICATE REQUIRED. FOLIO NO: 62201400007 VIOLATION ADDRESS: 5392 CAROLINA AVENUE,NAPLES 7. CASE NO: CEPM20160008812 OWNER: DOROTHY F.PEIRSON EST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)N)AND 22-231(15). TORN SCREENS ON POOL CAGE AND POOL WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO: 68090320004 VIOLATION ADDRESS: 2788 PONCE DE LEON DRIVE,NAPLES 1 8. CASE NO: CEAU20160004820 OWNER: TINA FOGLE OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,SECTION 105.1. FENCE INSTALLED WITHOUT A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 37593840009 VIOLATION ADDRESS: 521 18T"AVENUE NW,NAPLES 3 9. CASE NO: CESD20150002724 OWNER: GOODLAND RIVERFRONT LLC OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(BXI)(A). TWO ALUMINUM UTILITY SHEDS ADDED TO IMPROVED COMMERCIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01056880008 VIOLATION ADDRESS: 127 BAYSHORE WAY,GOODLAND 10. CASE NO: CEV20160006356 OWNER: JESUS CASTELLAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 4.05.03(A)AND 4.06.06(DX5).DESIGNATED PARKING AREA THAT EXCEEDS OVER 40%. FOLIO NO: 62260680004 VIOLATION ADDRESS: 5345 JENNINGS STREET,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEROW20150016760 OWNER: PATRICIA SOTO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). EXPIRED RIGHT OF WAY PERMIT. FOLIO NO: 39954240000 VIOLATION ADDRESS: 3345 35TH AVENUE NE,NAPLES 2. CASE NO: CENA20150019899 OWNER: DANIELA F.SUAREZ OFFICER: INVESTIGATOR SHERRY PATTERSON 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: PALLETS,BUCKETS,WOOD,PLASTIC,TIRES,ETC. FOLIO NO: 45907320000 VIOLATION ADDRESS: 1031 19TH ST SW,NAPLES 4 3. CASE NO: CESD20150010808 OWNER: TOMAS VALDES OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(BX1XA). A STRUCTURE IDENTIFIED FROM THE PROPERTY CARD AS A "CHEAP PORTE COCHERE"OR"CHEAP CARPORT'BUILT IN 1994 WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36245920003 VIOLATION ADDRESS: 1742 52ND TER SW,NAPLES 4. CASE NO: CEOCC20150007305 OWNER: CELSOS T.CAMARGO AND SANTA V.CAMARGO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 126,ARTICLE IV, SECTION 126-111(B). NO BUSINESS TAX RECEIPT FOR THE AUTOMOTIVE REPAIR BUSINESS BEING CONDUCTED FROM THIS LOCATION. FOLIO NO: 63867080006 VIOLATION ADDRESS: 420 ALACHUA STREET,IMMOKALEE B. Rules and Regulations Review 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: October 7,2016, 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 September 2, 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. CALL TO ORDER—Special Magistrate Brenda Garretson presiding The Honorable Special Magistrate Brenda Garretson called the Hearing to order at 9:07 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: 9:37 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: • #10-CASE NO: CEV20160006356-JESUS CASTELLAN Under item V.B —Hearings, the following cases were moved to V.A—Stipulations: • #8-CASE NO: CEAU20160004820-TINA FOGLE • #3 -CASE NO: CENA20160000696-DANIEL FARAONE AND DONNA VALDEZ • #4-CASE NO: CESD20150023771 -DANIEL FARAONE AND DONNA VALDEZ Under item V.B—Hearings, the following cases were withdrawn: • #1 -CASE NO: CEPM20160006123- LOWFIELD REALTY GROUP LLC Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES—August 5, 2016 The minutes of the August 5, 2016 Special Magistrate Hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. Motion for Reduction/Abatement of fines None B. Motion for Continuance 10. CASE NO: CEV20160006356 OWNER: JESUS CASTELLAN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 4.05.03(A)AND 4.06.06(D)(5).DESIGNATED PARKING AREA THAT EXCEEDS OVER 40%. FOLIO NO: 62260680004 VIOLATION ADDRESS: 5345 JENNINGS STREET,NAPLES 2 September 2, 2016 Investigator Musse represented the County. Jesus and Lucia Castellan were present and requested a continuance in the case. Tatania Gust interpreted for the Castellans Mrs. Castellan reported: • They have owned the property 11 years and the area was utilized for parking before they purchased it. • In one of the gravel areas, they did place some pavers to stabilize the area and have been notified they need to be removed. • They do not understand what is required to comply with the Ordinance. Investigator Musse reported he has met on site with Mrs. Castellan and notified her of the requirements. Special Magistrate Garretson requested the parties meet to determine if a stipulation could be executed. The case was recessed at 9:55 a.m. The case reconvened at 10:25 a.m. Investigator Musse reported he had no objection to the request for a continuance. Special Magistrate Garretson CONTINUED the case until the next hearing date. C. Motion for Extension of Time 1. CASE NO: CEROW20150016760 OWNER: PATRICIA SOTO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). EXPIRED RIGHT OF WAY PERMIT. FOLIO NO: 39954240000 VIOLATION ADDRESS:3345 35TH AVENUE NE,NAPLES Ms. Soto was not present but requested an Extension of Time in writing. Investigator Odom had no objection to the request. Special Magistrate Garretson CONTINUED the case to a November hearing date. V. PUBLIC HEARINGS A. Stipulations 1. CASE NO: CEAU20160004820 OWNER: TINA FOGLE OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: THE 2014 FLORIDA BUILDING CODE,CHAPTER 1,PART 2,SECTION 105.1. FENCE INSTALLED WITHOUT A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 37593840009 VIOLATION ADDRESS: 521 18TH AVENUE NW,NAPLES Investigator Patterson requested the hearing. A stipulation was entered into by Holly Kilgore, the respondent's representative on August 30, 2016. 3 September 2, 2016 Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$115.25 incurred in the prosecution of the case by October 2, 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 November 2, 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: $115.25 2. CASE NO: CENA20160000696 OWNER: DANIEL FARAONE AND DONNA VALDEZ OFFICER: INVESTIGATOR SHERRY PATTERSON 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 TIRES, WOOD,PLASTIC,CARDBOARD,METAL,BROKEN APPLIANCES,OLD SWIMMING POOL OR HOT TUB FILLED WITH MISCELLANEOUS JUNK AND TRASH,CARPET,CAR SEATS,VEHICLE PARTS,ETC.LITTER IS THROUGHOUT THE PROPERTY BUT MAINLY IN THE REAR YARD. FOLIO NO: 40864120005 VIOLATION ADDRESS: 3590 4TH AVENUE SE,NAPLES Investigator Patterson requested the Hearing. A stipulation was entered into by Donna Valdez on September 2, 2016. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$114.95 incurred in the prosecution of the case by January 2, 2017. 2. Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items in a completely enclosed structure by December 2, 2016 or a fine of$50.00 per day fine 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: $114.95 3. CASE NO: CESD20150023771 OWNER: DANIEL FARAONE AND DONNA VALDEZ OFFICER: INVESTIGATOR SHERRY PATTERSON 4 September 2, 2016 VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A), 10.02.06(B)(1)(E)AND 10.02.06(B)(1)(E)(I). UNPERMITTED STORAGE SHEDS AND ANIMAL PENS. FOLIO NO: 40864120005 VIOLATION ADDRESS: 3590 4TH AVENUE SE,NAPLES Investigator Patterson requested the hearing. A stipulation was entered into by Donna Valdez on September 2, 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 January 2, 2017. 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 December 2, 2016 or a fine of$50.00 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 VI. NEW BUSINESS A. Motion for Imposition of Fines: 2. CASE NO: CENA20150019899 OWNER: DANIELA F.SUAREZ OFFICER: INVESTIGATOR SHERRY PATTERSON 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: PALLETS,BUCKETS,WOOD,PLASTIC,TIRES,ETC. FOLIO NO: 45907320000 VIOLATION ADDRESS: 1031 19TH ST SW,NAPLES Investigator Patterson represented the County. Timothy Bisworm reported he purchased the property on August 17, 2016 and the violation has been abated and the operational costs have been paid. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. B. Hearings 2. CASE NO: CEPM20160006415 OWNER: DILOZIR IRA 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 WINDOWS. FOLIO NO: 35755120006 VIOLATION ADDRESS:4301 20TH PL SW,NAPLES Date of Hearing Notice by Certified Mail: 8/22/16 5 September 2, 2016 Date of Hearing Notice Property/Courthouse Posting: 8/22/16 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 4 photos dated 4/19/16 Exhbiti B: 1 photo dated 9/1/16 The violation remains as of 9/1/16 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$115.63 incurred by Code Enforcement during the prosecution of the case on or before October 2, 2016. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit,Inspections, and Certificate of Completion/Occupancy by October 2, 2016 or a fine of$250.00 per day will be imposed until the violation is abated. 3. Alternatively, if a boarding certificate is obtained and the structure is boarded by September 9, 2016, then the time required to complete the repairs, inspections, and Certificate of Completion/Occupancy will be extended to and must be completed by March 2, 2017 or a fine of$250.00 per day will be imposed until the violation is abated. 4. 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: $115.63 5. CASE NO: CEPM20160007563 OWNER: GMAC MORTGAGE LLC 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 SLIDER DOOR WINDOW. FOLIO NO: 36245440004 VIOLATION ADDRESS:5071 19TH CT SW,NAPLES Date of Hearing Notice by Certified Mail: 8/22/16 Date of Hearing Notice Property/Courthouse Posting: 8/22/16 Investigator Connetta presented the case. The Respondent was not present. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 5/9/16 Composite Exhibit B: 2 photos dated 7/8/16 The violation remains as of 9/1/16 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 6 September 2, 2016 1. Pay the Operational Costs of$115.63 incurred by Code Enforcement during the prosecution of the case by October 2, 2016. 2. Obtain all required Collier County Building Permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy by October 2, 2016 or a fine of$250.00 per day will be imposed until the violation is abated. 3. Alternatively, if a boarding certificate is obtained and the structure is boarded by September 9, 2016, then the time required to complete the repairs, inspections, and Certificate of Completion/Occupancy will be extended to and must be completed by March 2, 2017 or a fine of$250.00 per day will be imposed until the violation is abated. 4. 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: $115.63 6. CASE NO: CEPM20160006341 OWNER: DEUTSCHE BANK NATL TR CO TR OFFICER: INVESTIGATOR STEVE ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-241(1). BOARDING CERTIFICATE REQUIRED. FOLIO NO: 62201400007 VIOLATION ADDRESS: 5392 CAROLINA AVENUE,NAPLES Date of Hearing Notice by Certified Mail: 8/11/16 Date of Hearing Notice Property/Courthouse Posting: 8/12/16 Investigator Athey presented the case. The Respondent was not present. The Respondent was not present. Evidence entered: Composite Exhibit A: 5 photos dated 5/9/16 Exhibit B: 1 Arial Photo The violation remains as of 9/1/16 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$115.63 incurred by Code Enforcement during the prosecution of the case by October 2, 2016. 2. Respondent must abate the violation by obtaining a Collier County Boarding Certificate and painting the existing boards to match the exterior color of the dwelling per the Ordinance on or before September 9, 2016 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. 3. If a boarding certificate is obtained and the structure is properly boarded per the Ordinance on or before September 9, 2016, then the time required to complete the repairs, inspections, and Certificate of Completion/Occupancy will be extended to and must be completed by March 2, 2017 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. 7 September 2, 2016 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: $115.63 7. CASE NO: CEPM20160008812 OWNER: DOROTHY F.PEIRSON EST OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(N)AND 22-231(15). TORN SCREENS ON POOL CAGE AND POOL WATER IS GREEN IN COLOR AND NOT BEING MAINTAINED. FOLIO NO: 68090320004 VIOLATION ADDRESS:2788 PONCE DE LEON DRIVE,NAPLES Date of Hearing Notice by Certified Mail: 8/22/16 Date of Hearing Notice Property/Courthouse Posting: 8/22/16 Investigator Connetta presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 5/29/16 Exhibit B: 1 photo dated 6/29/16 Exhibit C: 1 photo dated 8/3/16 Exhibit D: 1 photo dated 9/1/16 The violation remains as of 9/1/16. Finding the Notice of Hearing was properly served,Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay the Operational Costs of$115.40 incurred in the prosecution of the case by October 2, 2016. 2. Chemically treat the pool water to kill algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatments by September 9, 2016 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter or; 3. Chemically treat the pool water to kill algae growth and cover the pool to prevent safety hazards, insect infestations, and the intrusion of rain water by September 9, 2016 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. Repair or replace all missing or damaged screens on pool enclosure by September 9, 2016 or a fine of$250.00 per day will be imposed for each day until the violation is abated. 4. NotifyCode 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: $115.40 8 September 2, 2016 9. CASE NO: CESD20150002724 OWNER: GOODLAND RIVERFRONT LLC OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). TWO ALUMINUM UTILITY SHEDS ADDED TO IMPROVED COMMERCIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01056880008 VIOLATION ADDRESS: 127 BAYSHORE WAY,GOODLAND Date of Hearing Notice by Certified Mail: 8/12/16 Date of Hearing Notice Property/Courthouse Posting: 8/17/16 Investigator Asaro presented the case noting the Respondent has ascertained the permits for the sheds. The Respondent was not present. Evidence Entered: Exhibit A: 1 photo dated 2/11/16 The violation remains as of 9/1/16. 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 October 2, 2016. 2. Abate all violations by completing the requirements of the permit issued and obtaining all required inspections and Certificate of Occupancy/Completion by October 2, 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 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 C. Emergency Cases: None VII. NEW BUSINESS (Continued) A. Motion for Imposition of Fines: 1. CASE NO: CEROW20150016760 OWNER: PATRICIA SOTO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A). EXPIRED RIGHT OF WAY PERMIT. FOLIO NO: 39954240000 VIOLATION ADDRESS: 3345 35TH AVENUE NE,NAPLES The case was continued under item IV.C.1. 3. CASE NO: CESD20150010808 OWNER: TOMAS VALDES 9 September 2, 2016 OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). A STRUCTURE IDENTIFIED FROM THE PROPERTY CARD AS A "CHEAP PORTE COCHERE"OR"CHEAP CARPORT'BUILT IN 1994 WITHOUT FIRST OBTAINING A VALID COLLIER COUNTY PERMIT. FOLIO NO: 36245920003 VIOLATION ADDRESS: 1742 52ND TER SW,NAPLES Date of Hearing Notice by Certified Mail: 8/12/16 Date of Hearing Notice Property/Courthouse Posting: 8/17/16 The Respondent was not present. Investigator Musse reported the violation has been abated and the Operational Costs paid. He recommended the fines be waived. Special Magistrate Garretson DENIED the County's Motion for the Imposition of Fines. 4. CASE NO: CEOCC20150007305 OWNER: CELSOS T.CAMARGO AND SANTA V.CAMARGO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 126,ARTICLE IV, SECTION 126-111(B). NO BUSINESS TAX RECEIPT FOR THE AUTOMOTIVE REPAIR BUSINESS BEING CONDUCTED FROM THIS LOCATION. FOLIO NO: 63867080006 VIOLATION ADDRESS: 420 ALACHUA STREET,IMMOKALEE Date of Hearing Notice by Certified Mail: 8/12/16 Date of Hearing Notice Property/Courthouse Posting: 8/15/16 The Respondents were not present. Investigator Lopez-Silvero presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 32 days Total Fine Amount: $8,000.00 Unpaid Operational Costs: $114.88 Total to Date: $8,114.88 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$8,114.88. Said amount to become a lien on the property with fines continuing to accrue. B. Rules and Regulations Review Special Magistrate Garretson reported she is in the process of reviewing the Rules and Regulations and continued the item until the next hearing date. VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: None B. Motion to Rescind Previously Issued Order: None VIII. CONSENT AGENDA 10 September 2, 2016 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: October 7, 2016, at 9:00 A.M. at the Collier County Government Center, 3299 Tamiami Trail East, 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 11:15 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Br a Garretson, pecial Magistrate The Minutes were approved by the Special Magistrate on q 9!)16 , as presented v7, or as amended 11