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CESM Minutes 12/01/2017 December 1, 2017 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 1, 2017 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: Michael Ossorio, Director, Code Enforcement Kerry Adams, Code Enforcement Specialist Jeff Letourneau, Manager of Inspectors Danny Blanco, Administrative Secretary ACounty Growth Management Department Code Enforcement Division Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples,FL 34112 December 01, 2017 9:00 AM 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 II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES IV. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME V. STIPULATIONS VI. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: S0184166 CEEX20170016052 OWNER: Jill Coulthard OFFICER: Deputy Sill VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped Space. FOLIO NO: N/A VIOLATION ADDRESS: 11420 Whistlers Cove Circle,Naples 2. CASE NO: S0179106 CEEX20170016805 OWNER: Barbara Wagner OFFICER: Deputy Hale VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped Space. FOLIO NO: N/A VIOLATION ADDRESS: Ross, 13100 Collier Blvd,Naples 3. CASE NO: PR058566 CEEX20170016722 OWNER: Brian Schrawyer OFFICER: Park Ranger Richard Maunz VIOLATIONS: Code of Laws and Ordinances Section 130.55. Failure to display paid parking receipt. FOLIO NO: N/A VIOLATION ADDRESS: Barefoot Beach Access,Naples 4. CASE NO: PU5389 CEEX20170017318 OWNER: Pacifica Laurel Ridge LLC OFFICER: Robin Goldsboro VIOLATIONS: Code of Laws and Ordinances, Chapter 118 Section 64. Large amount of solid waste on the ground surrounding container. Bags of trash and loose solid waste items on the ground omitting foul odor and drawing animals and flies feeding on solid waste bags and loose items FOLIO NO: 36180080008 VIOLATION ADDRESS: 5460 Laurel Ridge Lane,Collier County 5. CASE NO: DAS22488 CEEX20170017272 OWNER: Pablo Ramirez OFFICER: Bonnie Kubicsek VIOLATIONS: Code of Laws and Ordinances Section 14-34. Dog running at large. FOLIO NO: N/A VIOLATION ADDRESS: Tamiami Trail E,Naples 6. CASE NO: CEPM20160009816 OWNER: Joanne Nebus Trust OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-241(1), 22-231(12)(1), and 22-231(12)(i). Broken windows. Screens/doors on front porch are damaged/missing. Expired boarding certificate. FOLIO NO: 56150680104 VIOLATION ADDRESS: 2032 Pineland Avenue,Naples 7. CASE NO: CEPM20170012229 OWNER: Yolanda Fonseca Est OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(i), 22-231(12)(c), and 22-242. Vacant unsecured mobile home with roof damage and broken windows. FOLIO NO: 66880200006 VIOLATION ADDRESS: 312 South 6th Street, Immokalee 8. CASE NO: CEV20170012074 OWNER: Donna N. Schmidt OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Unlicensed/inoperable vehicles and vehicles parked on the grass. FOLIO NO: 77212040001 VIOLATION ADDRESS: 150 3`1 Street,Naples 9. CASE NO: CELU20170010539 OWNER: Darwin Lyon,Romona Lyon,Duane Lyon,and Sarah Lyon OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41 as amended, Section 1.04.01(A) and 2.02.03. Outside storage/litter consisting of but not limited to appliances, wood, buckets, tires, paint, metal,etc. FOLIO NO: 70721200009 VIOLATION ADDRESS: 2983 Terrace Avenue,Naples 10. CASE NO: CEV20170013225 OWNER: Rene Dorvil and Clomene Dorvil OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Vehicle with expired tags. FOLIO NO: 48600002282 VIOLATION ADDRESS: 12150 Fuller Lane,Naples 11. CASE NO: CESD20170001661 OWNER: Community Assoc for Mill Run Collier County Inc. OFFICER: Michele McGonagle 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). Permit PREL20121022731 (replace damaged UF wire from guard house to first J-Box) expired without obtaining required inspection and certificate of completion. FOLIO NO: 29505000104 VIOLATION ADDRESS: 6940 Wellington Drive,Naples 12. CASE NO: CEV20170013229 OWNER: Illane Hilaire OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Vehicle with expired tags. FOLIO NO: 48600001128 VIOLATION ADDRESS: 12159 Fuller Lane,Naples 13. CASE NO: CEV20170004137 OWNER: Yosvany A. Torres OFFICER: Dee Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A), Chapter 110 Roads and Bridges, Section 110-31(a). Vehicles accessing property via the right of way/swale damaging grass and parking in the right of way/swale and parking in the grass. FOLIO NO: 36321880009 VIOLATION ADDRESS: 5434 27th Avenue SW,Naples 14. CASE NO: CENA20170009838 OWNER: John V.Acunto OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03, 1.04.01(A), and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Illegal outside storage/litter consisting of but not limited to multiple pallets of pavers,wood, piles of dirt,etc. FOLIO NO: 727680004 VIOLATION ADDRESS: 203 Price Street,Naples 15. CASE NO: CESD20170011333 OWNER: John V.Acunto OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permit #98031293 for a steel prefab storage building is in void status and expired on December 20, 1998, a 1920 square foot structure identified as CPC (carport), a 432 square foot structure also identified as CPC (carport), and a wooden cover for the fuel tanks all built without first obtaining a valid Collier County building permit. FOLIO NO: 00727680004 VIOLATION ADDRESS: 203 Price Street,Naples 16. CASE NO: CEV20170004161 OWNER: Dana Marie House OFFICER: Dee Pulse VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 4.05.03(A)and Chapter 110 Roads and Bridges, Section 110-31(A). Parking on unstable surface, grass, and in right of way/swale.Right of way/swale has been disrupted. FOLIO NO: 36374880001 VIOLATION ADDRESS: 5432 25th Avenue SW,Naples 17. CASE NO: CESD20160019077 OWNER: Jacob Lemle Pennell OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a). Shed erected on the property without obtaining a Collier County building permit. FOLIO NO: 1214921408 VIOLATION ADDRESS: 34 E. Flamingo Drive,Everglades City 18. CASE NO: CEV20170010246 OWNER: James M.Poteet OFFICER: Frank Balzano VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and 130-96(a). Unlicensed/inoperable vehicle being stored on the property. Expired license plate on boat trailer. Boat not being properly stored. FOLIO NO: 68342680007 VIOLATION ADDRESS: 71 Isle of Saint Thomas,Naples 19. CASE NO: CEAU20160017371 OWNER: Laura Timmis OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 5th Edition (2014), Chapter 1, Part 2, Section 105 Permits, 105.1 required. Fence permit #PRBD20170309307 is expired. FOLIO NO: 40421720000 VIOLATION ADDRESS: 4635 24th Avenue NE,Naples B. EMERGENCY CASES VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20160018883 OWNER: Annette Weinmann OFFICER: Benjamin Plourd VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a). House permit PRBD20140925776 has expired and the work on the house has not been completed. Pool permit PRBD20150410329 is also expired and the work has not been completed. FOLIO NO: 55412501508 VIOLATION ADDRESS: 8980 Lely Island Circle,Naples VIII.OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER IX. 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 ATTORNEYS OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. X. REPORTS XI. NEXT MEETING DATE-FRIDAY JANUARY 5, 2018 AT 9:00 A.M. XII. ADJOURN December 1, 2017 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 9:11 A.M. All those testifying at the proceeding did so under oath. 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. 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: • 4 - CASE NO: PU5389 CEEX20170017318 - Pacifica Laurel Ridge LLC. • 12 - CASE NO: CEV20170013229 - Illane Hilaire • 13 - CASE NO: CEV20170004137 - Yosvany A. Torres • 19 - CASE NO: CEAU20160017371 - Laura Timmis Under Item V.B—Hearings, the following cases were withdrawn: • 2 - CASE NO: SO179106 CEEX20170016805 - Barbara Wagner • 8 - CASE NO: CEV20170012074 -Donna N. Schmidt • 9 - CASE NO: CELU20170010539 - Darwin Lyon, Romona Lyon, Duane Lyon, and Sarah Lyon • 10 - CASE NO: CEV20170013225 - Rene Dorvil and Clomene Dorvil • 11 - CASE NO: CESD20170001661 - Community Assoc for Mill Run Collier County Inc. • 14 - CASE NO: CENA20170009838 -John V. Acunto • 15 - CASE NO: CESD20170011333 - John V. Acunto • 16 - CASE NO: CEV20170004161 - Dana Marie House Special Magistrate Garretson approved the Agenda as modified. III. APPROVAL OF MINUTES The minutes of the November 3, 2017 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. STIPULATIONS 1. CASE NO: PU5389 CEEX20170017318 OWNER: Pacifica Laurel Ridge LLC 2 December 1, 2017 OFFICER: Robin Goldsboro VIOLATIONS: Code of Laws and Ordinances, Chapter 118 Section 64. Large amount of solid waste on the ground surrounding container. Bags of trash and loose solid waste items on the ground omitting foul odor and drawing animals and flies feeding on solid waste bags and loose items FOLIO NO: 36180080008 VIOLATION ADDRESS: 5460 Laurel Ridge Lane, Collier County Officer Goldsboro requested the hearing. The Stipulation was entered into by the Respondent's representative Mireya Martin on December 1, 2017. 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 by January 2, 2018. 2 Pay an Administrative Fee of$5.00 incurred in the processing of this case. 2. Pay Civil Penalty of$250.00 3. Total Charges are $305.00 to be paid by January 2, 2018. 2. CASE NO: CEV20170013229 OWNER: Illane Hilaire OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130- 95. Vehicle with expired tags. FOLIO NO: 48600001128 VIOLATION ADDRESS: 12159 Fuller Lane,Naples Investigator Musse represented the County. The Stipulation was entered into by the Illane Hilaire on December 1, 2017. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$111.85 incurred in the prosecution of the case by January 2, 2018. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, and/or repair the defects so vehicle is immediately operable or remove offending vehicles from residentially zoned area by January 2,2018 or a fine of$50.00 a day that the violation remains unabated thereafter. 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: $111.85 3. CASE NO: CEAU20160017371 OWNER: Laura Timmis 3 December 1, 2017 OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 5th Edition (2014), Chapter 1, Part 2, Section 105 Permits, 105.1 required. Fence permit#PRBD20170309307 is expired. FOLIO NO: 40421720000 VIOLATION ADDRESS: 4635 24th Avenue NE, Naples Investigator Musse requested the hearing. The Stipulation was entered into by the Respondent's representative Michael Timmis on December 1, 2017. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$111.95 incurred in the prosecution of the case by February 2, 2018. 2. Abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit for the fence and all inspections and Certificate of Completion by February 2, 2018 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 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: $111.95 4. CASE NO: CEV20170004137 OWNER: Yosvany A. Torres OFFICER: Dee Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A), Chapter 110 Roads and Bridges, Section 110-31(a). Vehicles accessing property via the right of way/swale damaging grass and parking in the right of way/swale and parking in the grass. FOLIO NO: 36321880009 VIOLATION ADDRESS: 5434 27th Avenue SW, Naples Mr. Torres does not speak English and no translator was available. The County withdrew the case. VI. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20160018883 OWNER: Annette Weinmann OFFICER:,Benjamin Plourd VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a). House permit PRBD20140925776 has expired and the work on the house has not been completed. Pool permit PRBD20150410329 is also expired and the work has not been completed. FOLIO NO: 55412501508 4 December 1, 2017 VIOLATION ADDRESS: 8980 Lely Island Circle,Naples Elias Mahshi,Attorney represented the Respondents and reported the violation has been abated and requested the fines be waived. Supervisor Mucha represented the County and had no objection to the request noting the Operational Costs have been paid. Special Magistrate Garretson DENIED the County's Motion for Imposition of Fines. V. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: S0184166 CEEX20170016052 OWNER: Jill Coulthard OFFICER: Deputy Sill VIOLATIONS: Code of Laws and Ordinances Section 130-67. Handicapped Space. FOLIO NO: N/A VIOLATION ADDRESS: 11420 Whistlers Cove Circle,Naples Date of Hearing Notice by Certified Mail: 11/14/17 Jill Coulthard was not present. Deputy Sill was present and testified: • On 9/22/17 she was on routine patrol when she observed a vehicle parked in a space reserved for handicapped persons. • Upon investigation, there was no handicap placard displayed, nor was it visible anywhere in the vehicle. • Accordingly she issued a Citation. After hearing the testimony, Special Magistrate Garretson UPHELD issuance of the citation and ordered her to pay a$250.00 Fine, $50.00 Operational Costs and$5.00 Administrative Fee for a total amount due of$305.00 by January 2, 2018. Total Amount Due: $305.00 2. CASE NO: PR058566 CEEX20170016722 OWNER: Brian Schrawyer OFFICER: Park Ranger Richard Maunz VIOLATIONS: Code of Laws and Ordinances Section 130.55. Failure to display paid parking receipt. FOLIO NO: N/A N/A VIOLATION ADDRESS: Barefoot Beach Access,Naples Brian Schrawyer testified he has been a County resident for 25 years and possessed a beach sticker for numerous years. He visited Barefoot Beach in early October and was unaware his beach sticker had;expired on September 30, 2017. He forgot about renewing the parking sticker due to the aftermath of the Hurricane Irma. 5 December 1, 2017 Park Ranger Maunz reported did not dispute the beach parking sticker had expired as outlined by Mr. Schrawyer. After hearing the testimony, Special Magistrate Garretson DISMISSED the Citation. 3. CASE NO: CEPM20160009816 OWNER: Joanne Nebus Trust OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22- 241(1), 22-231(12)(1), and 22-231(12)(i). Broken windows. Screens/doors on front porch are damaged/missing. Expired boarding certificate. FOLIO NO: 56150680104 VIOLATION ADDRESS: 2032 Pineland Avenue, Naples Investigator Athey represented the County and noted the violation has not been abated. Evidence Entered: Composite Exhibit A: 3 photos dated 6/17/16 Composite Exhibit B: 3 photos dated 8/2/16 Exhibit C: 1 aerial photo of the property Exhibit D: Boarding Certificate dated 8/2/16 (expired 2/2/17) Exhibit E: Boarding Certificate dated 2/2/17 (expired 8/2/17) Joanne Nebus and Michael Platt were present and testified: • Ms. Nebus acquired the property in March of 2016 following litigation. • She has been out of the country for long periods of time as her mother is undergoing treatment in Switzerland for a serious health issue. • They had responded to the complaint by obtaining the boarding certificates, however the medical treatment for her mother, followed by Hurricane Irma and the related property damage delayed the replacement of the doors and windows. • It has now been determined the structure needs to be demolished and they intend to obtain the necessary permits and raze the home within 60 days. • New homes are slated to be placed on the property in March of 2018. 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$112.45 incurred in the prosecution of the case by February 1, 2018. 2. Obtain all required Collier County Demolition Permit and inspections and Certificate of Completion by February 1, 2018 or a fine of$200.00 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: S 112.45 4. CASE NO: CEV20170010246 6 December 1, 2017 OWNER: James M. Poteet OFFICER: Frank Balzano VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and 130-96(a). Unlicensed/inoperable vehicle being stored on the property. Expired license plate on boat trailer. Boat not being properly stored. FOLIO NO: 68342680007 VIOLATION ADDRESS: 71 Isle of Saint Thomas, Naples Supervisor Short represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated 8/8/17 Exhibit B: 1 photo dated 10/20/17 Exhibit C: 1 aerial photo of the property James Poteet was present. Evidence Entered: Composite Exhibit A: Photos of the property as it exists today Mr. Poteet testified: • The vehicle in question is a 1955 Packard which he is in the process of restoring. • It is nearly ready to be painted with the taillights removed. • He undertook the necessary measures to register the trailer and the vehicle and covered the Packard with a car cover. • He can relocate the boat and trailer beyond the rear plane of the home in conformance with County codes. Manager Letourneau noted if the Packard was operable, it would not be in violation of the County Ordinance. Mr. Poteet reported it will take some time for Packard to become operable. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of$111.95 incurred in the prosecution of the case by July 1, 2018. 2. Abate all violations by obtaining and affixing a current valid license plate to each vehicle and repair any defects so vehicle is immediately operable; and relocate the boat to the rear yard. Alternatively, all offending vehicles may be removed from the property by January 2, 2018 or a fine of$50.00 a day that the violation remains unabated thereafter. 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: $111.95 Break: 10:45 a.m. Reconvened: 11:25 a.m. 5. CASE NO: DAS22488 CEEX20170017272 7 December 1, 2017 OWNER: Pablo Ramirez OFFICER: Bonnie Kubicsek VIOLATIONS: Code of Laws and Ordinances Section 14-34. Dog running at large. FOLIO NO: N/A VIOLATION ADDRESS: Tamiami Trail E,Naples Neither the Respondent nor a representative of the County was present. Special Magistrate Garretson DISMISSED the case without prejudice. 6. CASE NO: CEPM20170012229 OWNER: Yolanda Fonseca Est OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(12)(i), 22-231(12)(c), and 22-242. Vacant unsecured mobile home with roof damage and broken windows. FOLIO NO: 66880200006 VIOLATION ADDRESS: 312 South 6th Street, Immokalee Date of Hearing Notice by Certified Mail: 11/17/17 Date of Hearing Notice Property/Courthouse Posting: 11/20/17 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 8/2/17 Composite Exhibit B: 3 photos dated 8/26/17 Exhibit C: 1 photo dated 11/30/17 The violation remains as of 12/1/17 Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: I. Pay the Operational Costs of$112.30 incurred by Code Enforcement during the prosecution of the case by January 2, 2018. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy by January 2, 2018 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 December 8, 2017, then the time required to complete the repairs, inspections, and Certificate of Completion/Occupancy will be extended to, and must be completed by June 2, 2018 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: $112.30 8 December 1, 2017 7. CASE NO: CESD20160019077 OWNER: Jacob Lemle Pennell OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a). Shed erected on the property without obtaining a Collier County building permit. FOLIO NO: 01214921408 VIOLATION ADDRESS: 34 E. Flamingo Drive, Everglades City Date of Hearing Notice by Certified Mail: 11/15/17 Date of Hearing Notice Property/Courthouse Posting: 11/1/6/17 Investigator Asaro presented the case. The Respondents were not present. Evidence Entered: Exhibit A: 1 photo dated 11/14/16 Exhibit B: 1 photo dated 11/30/17 The violation remains as of 12/1/17 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$112.00 incurred in the prosecution of the case by January 2, 2018. 2. Obtainallrequired Collier County Building Pennit(s), or Demolition Permit and inspections and Certificate of Completion/Occupancy by January 2, 2018 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: $112.00 VII. NEW BUSINESS, A. MOTION FOR REDUCTION/ABATEMENT OF FINES, None VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None IX. CONSENT AGENDA 9 December 1, 2017 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. X. REPORTS None XI. NEXT MEETING DATE—January 5, 2018 at 9:00 a.m. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 11:37 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING a Gar • n, Special Magistrate Tinutes were approved by the Special Magistrate on 361,,, d o g , as presented heVor as amended 10