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CESM Minutes 07/05/2019 July 5, 2019 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 5, 2019 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 Administrat ive Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the following persons present: SPECIAL MAGISTRATE: Honorable Brenda C. Garretson ALSO PRESENT: Michael Ossorio, Code Enforcement Direct or Cristina Perez, Investigative Supervisor Sayls Coutin, Code Enforcement Specialist Elena Gonzalez, Code Enforcement Specialist July 5, 2019 2 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 C. Garretson called the Hearing to order at 9:00 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 Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda item numbers): Item VB – Hearings, the following cases were moved to Item VA – Stipulations: 3. CASE NO: CEEX20190005245-PU5578 - MARK E SCHUSTER TRUST 4. CASE NO: CEEX20190006846-PU5582 - CREEKSIDE WEST INC. % RYAN LLC THREE GALLERIA TOWER 7. CASE NO: CEPM20180004112 - Ronald Abel 9. CASE NO: CESD20180001532 - Meghan Leiti 10. CASE NO: CELU20170019105 - ALLIED PAVERS SYSTEMS LLC 11. CASE NO: CENA20190003028 - Camilo Rodriguez Item VB – Hearings, the following cases were withdrawn: 1. CASE NO: CEEX20180015617 - SO186750 - Anthony J. Oliver 8. CASE NO: CENA20190002194 - Milan Jovanovic 12. CASE NO: CEV20190001456 - Stephen H. Wassmann 13. CASE NO: CEROW20180001662 - BAYSHORE REDEVELOPMENT GP LLC 14. CASE NO: CESD20180015491 - BAYSHORE REDEVELOPMENT GP LLC 16. CASE NO: CENA20180015055 - MARTIN WEEKS EST 20. CASE NO: CENA20180012429 - Angelo Lucarelli and Gail Lucarelli Item VC – Emergency Cases, the following cases were added to the Agenda: 1. CASE NO: CEPM20190007538 - Robert A. Flick Rev Trust ‘ Item VB – Hearings, the following case was added: 4. CASE NO: CEEX20l 9007660-DAS - Gina Sharbaugh Item VIA – Motion for Imposition of Fines, the following case was withdrawn: 1. CASE NO: CELU20180014681 - Eduardo Rodriguez 5. CASE NO: CEPM20170013257 - Surinder S. Chandok 7. CASE NO: CESD20180006363 - Norma A. Martinez 8. CASE NO: CEPM20180004277 - David T. Stephens 11. CASE NO: CENA20180015021 - Henry Schulman July 5, 2019 3 Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the June 7, 2019 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 VI. PUBLIC HEARINGS B. EMERGENCY CASES 1. CASE NO: CEPM20190007538 OWNER: Robert A. Flick Rev Trust OFFICER: Stephen Athey VIOLATION: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-23t(t9) and 22-228(r). FOLIO NO: 29781960000 PROPERTY ADDRESS: 1286 Highlands Drive, Naples, FL 34103 Date of Hearing Notice by Regular Mail: 6/1819 Officer Athey presented the case and testified:  The alleged violation involves a blocked sewage pipe to a residential building with tentants.  The service line in question has a clean out outside the building with the cover removed so raw sewage spills onto the ground and creates a Health, Safety and Welfare issue.  He visited the site on April 19, 2019 and Mr. Flick notified him the issue was resolved however it has subsequently re-occured.  He displayed photos depicting the alleged violation which has not been abated to date. Kelley Joseph testified he is a tenant onsite and children also live on the property. The raw sewage dumps onto the ground and/or backs up into the shower in his unit on a re-occuring basis. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $112.00 incurred in the prosecution of this case by September 5, 2019. 2. Engage a licensed plumber to submit an evaluation on the violation to the Code Enforcement Department by July 10, 2019 and complete any necessary repairs to abate the violation by July 26, 2019 or a fine of $250.00 per day will be imposed until the violation is abated. 3. Remove or cause to remove any residual waste on the ground from the site as the result of said violation. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the July 5, 2019 4 County may abate the violation 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 V. STIPULATIONS 4. CASE NO: CEEX20190006846 - PU5582 OWNER: CREEKSIDE WEST INC. % RYAN LLC THREE GALLERIA TOWER OFFICER: Natalie Pochmara VIOLATIONS: PU Accumulation of Prohibited Litter 118-63, 118-64, 118-66(a) and 118- 104(c)(13) FOLIO NO: 29331190709 PROPERTY ADDRESS: 1252 Immokalee Rd., Naples, FL Officer Pochmara requested the hearing. The Stipulation was entered into by the Respondent’s representative Brian Konkel on June 24, 2019. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. Pay Administration Fee of $5.00 incurred in the processing of this case. 3. Pay Civil Penalty of $250.00. 4. Total Charges are $305.00 payable by August 5, 2019. 3. CASE NO: CEEX20190005245-PU5578 OWNER: MARK E. SCHUSTER TRUST OFFICER: Natalie Pochmara VIOLATIONS: PU Irrigation Hours 54-368(5)(a) FOLIO NO: 67284400003 PROPERTY ADDRESS: 392 West St, Naples, FL Officer Pochmara requested the hearing. The Stipulation was entered into by Mark E. Schuster on June 24, 2019. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. Pay Administration Fee of $5.00 incurred in the processing of this case. 3. Pay Civil Penalty of $100.00. 4. Total Charges are $155.00 payable by August 5, 2019. 10. CASE NO: CELU20170019105 OWNER: ALLIED PAVERS SYSTEMS LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. Unimproved property being utilized for the storage of pavers, commercial containers, vehicles, etc. FOLIO NO: 00728520008 PROPERTY ADDRESS: 199 Price St., Naples, FL Officer Musse requested the hearing. July 5, 2019 5 The Stipulation was entered into by the Respondent’s representative Donald Montroy on July 5, 2019. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by August 5, 2019. 2. Abate all violations by removing all unauthorized materials/commercial vehicles/equipment form this unimproved property or obtain all Collier County approvals to allow for the outside storage of materials by January 1, 2020 or a fine of $250.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.85 VII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 14. CASE NO: CENA20180001692 OWNER: Kelli M. Crockett and David P. Crockett Jr. OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Weeds over 18 inches. FOLIO NO: 40621480001 PROPERTY ADDRESS: 2410 4th Ave NE, Naples, FL Officer Asaro presented the case and reported the violation has been abated, however not in the prescribed time frame with fines and costs amounting to $18,623.70. Operational Costs in the amount of $223.70 have not been paid. Special Magistrate Garretson took the case UNDER ADVISEMENT pending payment of the Operational Costs. V. STIPULATIONS (Continued) 7. CASE NO: CEPM20180004112 OWNER: Ronald Abel OFFICER: Maria Rodriguez VIOLATIONS: Florida Building Code 6th Edition (2017) Building Chapter 4, Section 454.2.17 231(15). Outdoor swimming pool without permanent protective and Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-barrier and unmaintained pool with stagnant water. FOLIO NO: 35780080001 PROPERTY ADDRESS: 2172 41st Ter. SW, Naples, FL Officer Rodriguez requested the hearing. The Stipulation was entered into by Ronald Abel on July 5, 2019. July 5, 2019 6 Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay the Operational Costs of $111.85 incurred by Code Enforcement during the prosecution of the case by Augst 5, 2019. 2. Chemically treat the pool water to kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatments or chemically treat the pool water killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rain water by July 12, 2019 or a fine of $250.00 will be imposed for each day the violation continues. 3. Erect an approved pool barrier to avoid safety concerns and/or must apply for and obtain appicable permits for a permanent pool enclosure and/or protecive barrier and follow through to Certificate of Completion by August 5, 2019 or a fine $250.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.85 9. CASE NO: CESD20180001532 OWNER: Meghan Leiti OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i). Shed built without permits. FOLIO NO: 36665760005 PROPERTY ADDRESS: 4190 3rd Ave NW, Naples, FL Officer Rodriguez requested the hearing. The Stipulation was entered into by Meghan Leiti on July 2, 2019. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered her to: 1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this case by August 5, 2019. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s), inspections and Certificate of Completion/Occupancy for the shed by November 5, 2019 or a fine of $150.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.80 11. CASE NO: CENA20190003028 OWNER: Camilo Rodriguez OFFICER: John Fuentes July 5, 2019 7 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 181 and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Outside litter/debris being stored throughout the front of the property consisting of but not limited to appliances, public buckets and scrap metal and other discarded materials. FOLIO NO: 35754640008 PROPERTY ADDRESS: 4364 20th Ave SW, Naples, FL Supervisor Perez requested the hearing. The Stipulation was entered into by Camilo Rodriguez on June 28, 2019. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by August 5, 2019. 2. Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure by July 19, 2019 or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.90 VI. PUBLIC HEARINGS (Continued) A. HEARINGS 2. CASE NO: CEEX20190004844 - PU5408 OWNER: OPUS APARTMENT LLC%PIKUS PROPERTY MANAGEMENT OFFICER: Robin L Goldsboro VIOLATIONS: PU Unlawful to Litter 118-63 FOLIO NO: 36180400002 PROPERTY ADDRESS: 5570 16th Pl. SW, Naples, FL Levin Stewart, Director of Operations for Pikus Property Management represented the Respondent. Officer Goldsboro presented the case for the County. Evidence Entered: Composite Exhibit A: 5 photos dated 4/24/19 Officer Goldsboro testified: The violation was issued on April 24, 2019 for an overflowing refuse dumpster at an apartment complex creating a health, safety and welfare issue. Mr. Stewart testified:  The management company assumed the account for the 60 unit complex in 2013.  The violation is a result of ongoing issues with tenants and they have been diligent in policing the area on a daily basis to ensure the situation remains under control. July 5, 2019 8  The issue is more of a maintenance item and should not be deemed a violation given it is not a case of negligence.  The case unfairly depicts the situation as it is a one-time occurrence and there aren’t issues at other times. Officer Goldsboro noted:  On April 4, 2019 Waste Management notified the County on an overflowing dumpster on site.  When she conducted a site inspection on April 10, 2019, the issue remained and she contacted Mr. Stewart who informed her the issue would be addressed.  On April 24, 2019 she received another notification from Waste Management on an overflowing dumpster and visited the site and determined a violation existed. Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. Pay Administration Fee of $5.00 incurred in the processing of this case. 3. Pay Civil Penalty of $500.00. 4. Total Charges are $555.00 payable by August 5, 2019. 19. CASE NO: CEV20190001066 OWNER: Miriela Garcia OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Boat parked in the front driveway. FOLIO NO: 77390002466 PROPERTY ADDRESS: 13647 Legacy Ln., Naples, FL Miriela Garcia was present. Anisuey Idquierdo, Ms. Garcia’s daughter, acted as translator for her mother. Officer Pitura presented the case. Evidence entered: Exhibit A: 1 photo dated 1/28/19 Composite Exhibit B: 3 photos dated 7/3/19 He testified the violation is re-occuring over the past years (4/27/17, 8/31/17 and 11/11/17) and although it has been abated, he requested the Special Magistrate find it existed at the time of the notice of violation so any future violation may be considered as a repeat offense. Ms. Garcia testified the violation has been abated and the boat was only on site for a couple days at a time before use off-site. Officer Pitura noted a permit may be issued for temporarily storing the boat (i.e. 2 days) in anticipation of off-site use, if Ms. Garcia fulfills the necessary requirements. Special Magistrate Garretson, after hearing the testimony and reviewing the evidence found a violation existed at the time the notice was served and ordered the Respondent to: 1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by August 5, 2019. July 5, 2019 9 She noted a further violation would be considered a repeat offense. Total Amount Due: $111.90 VII. NEW BUSINESS (Continued) B. MOTION FOR IMPOSITION OF FINES AND LIENS 4. CASE NO: CESD20120008509 OWNER: Donna Kaye Yzaguirre OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). A carport and three sheds installed without obtaining a Collier County building permit. FOLIO NO: 51242520009 PROPERTY 1203 Orchid Ave, Immokalee, FL Supervisor Mucha presented the case noting the violation has been abated. Donna Kay Yzaguirre was present. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 6. CASE NO: CEV20180006871 OWNER: Norma A Martinez OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 Two utility trailers with no tags affixed to them and a white car with an expired tag parked on improved property. FOLIO NO: 39381800000 PROPERTY ADDERSS: 340 16th St. SE, Naples, FL Officer Ambach presented the case noting the violation has been abated. The Respondent was not present. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. Break: 12:15 p.m. Reconvened: 12:30 p.m. VI. PUBLIC HEARINGS (Continued) A. HEARINGS a. CASE NO: CEEX20l 9007660-DAS OWNER: Gina Sharbaugh OFFICER: David Fuentes VIOLATION: Dangerous Dog 14-38 PROPERTY ADDRESS: 4928 Devon Circle, Naples, FL. Officer Fuentes presented the case for the County July 5, 2019 10 Evidence Entered: Exhibit A - DAS Case packet including affidavits and photos. Cataryna Sharbaugh represented her mother Gina Sharbaugh. Officer Fuentes stated the dog “Killian” was deemed a Dangerous Dog pursuant to Collier County Ordinance Chapter 14, Article II, Section 14-38 and/or Chapter 767 of the Florida Statute after finding the dog has aggressively bitten, attacked or endangered or has inflicted severe injury on a human being on public or private property. He testified:  The first activity report in the case is #A-15-009159 for an April 18, 2015 incident where stitches were required following a bite perpetrated by “Killian” on a minor child’s arm and chest.  The second activity report in the case is #18-005674 which occurred on December 28, 2018 where 11 year old Emma Woods was bitten on the leg by “Killian” which required 30 stitches for the wound.  The 12/28/18 incident was investigated by DAS Officer Tad Bartareau who is present.  Following the investigation and review of the cases, the dog was deemed a “Dangerous Dog.” Emma Woods testified:  She was playing in the Sharbaugh’s yard with Kierra Sharbaugh, the owner’s daughter when Kierra asked her if she wanted to see their dog which was in the house.  Kierra told her to be careful, the dog bites, and she was uncertain if she wanted to see the dog.  Eventually, they decided to crack open the door to see it, and the dog came through the door and chased her as she ran and bit her on the leg. Jeff Woods testified he transported his daughter (Emma) to the emergency room for treatment of a dog bite where a chunk of flesh had been torn open. There is a scar now visible in the area of the bite. Kianna Sharbaugh testified she was home at the time of the incident and she was inside when her sister Kierra and Emma came to the door. The dog exited the house and bit Emma one time and retreated back to the driveway. Cataryna Sharbaugh testified:  In the first incident, the victim was hitting the dog with a toy and Killian tried to get it away from her.  Following this incident they began utilizing a muzzle for the dog at periodic times.  She was not present for the second incident which was the result of the dog protecting its territory as it felt threatened by a visitor. During questioning by Special Magistrate Garretson the Sharbaugh’s noted:  They use a muzzle because it has a calming effect on the dog.  They do not display a sign on the property providing a notification a dog is on site.  The dog responds to voice commands, but is more responsive to Cataryna than the others.  They do not believe Killian is an inherently dangerous dog.  Their mom was unable to be present for the hearing as she is working. July 5, 2019 11 Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD the County’s decision to deem “Killian” a “Dangerous Dog.” 5. CASE NO: CEV20190002365 OWNER: Moise Saint Louis OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 130, Article III, Section 130-95. Unlicensed/Inoperable vehicle in the driveway. FOLIO NO: 67491080009 PROPERTY ADDRESS: 4413 Thomasson Ln., Naples, FL Date of Hearing Notice by Certified Mail: 6/1719 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 Officer Musse presented the case. Evidence entered: Exhibit A: 1 photo dated 3/4/19 Composite Exhibit B: 3 photos dated 6/19/19 The violation remains as of 7/5/19. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by August 5, 2019. 2. Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure, and/or repair defects so vehicle is immediately operable or remove offending vehicles from residentially zoned area by July 12, 2019 or a fine of $50.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.85 6. CASE NO: CENA20190004325 OWNER: Moise Saint Louis OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. FOLIO NO: 67491080009 PROPERTY ADDRESS: 4415 Thomasson Ln., Naples, FL Date of Hearing Notice by Certified Mail: 6/1719 July 5, 2019 12 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 Officer Musse presented the case. Evidence entered: Composite Exhibit A: 6 photos dated 4/12/19 The violation remains as of 7/5/19 Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by August 5, 2019. 2. Removing all unauthorized materials from the property OR store items within a completely enclosed permitted structure by July 12, 2019 or a fine of $100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.90 15. CASE NO: CENA20180014973 OWNER: ELIZABETH ATHAN EST OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, 54-185(a) and Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A). Weeds that exceed over 18” along the sides and outside, storage/litter consisting of, but not limited to, fallen trees, aluminum hurricane shutters, and wooden fence panels located in the rear and sides of the property. FOLIO NO: 54952200001 PROPERTY ADDRESS: 46 Thorncrest Ln., Naples, FL Date of Hearing Notice by Certified Mail: 6/1719 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 Officer Musse presented the case. Evidence entered: Composite Exhibit A: 4 photos dated 1/22/19 The violation remains as of 7/5/19. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by August 5, 2019. July 5, 2019 13 2. Remove all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure by July 12, 2019 or a fine of $150.00 per day will be imposed until the violation is abated. 3. Mowing all weeds, grass, or other similar non-protected overgrowth in excess of 18" in to a height of less than 6" by July 12, 2019 or a fine of $50.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.90 17. CASE NO: CEAU20190002892 OWNER: Homer Lawson and Ann G Lawson OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code, as amended, Section 5.03.02(F)(3). Damaged/broken fence in the rear of the property, leaning into the abutting property. FOLIO NO: 62845320006 PROPERTY 548 107th Ave N, Naples, FL Date of Hearing Notice by Certified Mail: 6/1719 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 Officer Ford presented the case. Evidence entered: Composite Exhibit A: 2 photos Composite Exhibit B: 3 photos dated 7/2/19 The violation remains as of 7/5/19. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case by August 5, 2019. 2. Obtain any required Collier County building permits or demolition permits through Certificate of Completion to repair or replace the broken fence or remove the fence from the property by August 5, 2019 or a fine of 100.00 per day will be imposed for each day the violation continues. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.90 July 5, 2019 14 18. CASE NO: CELU20190004374 OWNER: Martin H Anastasio OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code, 04-41, as amended, Section 2.02.03. Outside storage consisting of, but not limited to, appliances, tv, buckets, ladders, luggage, coolers, disconnected window a/c unit, baby carriage, cardboard boxes, etc. FOLIO NO: 67491120008 PROPERTY ADDRESS: 4409 Thomasson Ln., Naples, FL Date of Hearing Notice by Certified Mail: 6/1719 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 Officer Musse presented the case. Evidence entered: Composite Exhibit A: 6 photos dated 4/12/19 The violation remains as of 7/5/19. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this case by August 5, 2019. 2. Remove all unauthorized materials from the property or store items within a completely enclosed structure by July 12, 2019 or a fine of $100.00 per day will be imposed until the violation is abated 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.80 VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CEPM20180010711 OWNER: Terry Dilozir OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof and soffit in disrepair. FOLIO NO: 36129040009 PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL July 5, 2019 15 Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/17/19 The Respondent was not present. Officer Athey presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 203 days Total Fine Amount: $50,750.00 Unpaid Operational Costs: $223.65 Total to Date: $50,973.65 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $50,973.65. Said amount to become a lien on the property with fines continuing to accrue. 3. CASE NO: CEPM20180011235 OWNER: Dean Gardy and Junee Gardy OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15). Pool green in color and unmaintained. FOLIO NO: 22597009152 PROPERTY ADDRESS: 6760 Southern Oak Ct., Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 The Respondents were not present. Supervisor Short presented the case noting the violation has been abated. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 12. CASE NO: CEPMPM20170010615 OWNER: Bruce J Schmidt OFFICER: Benjamin Plourd VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) and Florida Building Code, Chapter 4, Section 454. Stagnant pool and missing required pool protection. FOLIO NO: 63403240006 PROPERTY ADDRESS: 4735 Dorando Dr., Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/21/19 The Respondents was not present. Supervisor Short presented the case noting the violation has not been abated. Fine Amount: $150.00/day Duration: 338 days Total Fine Amount: $50,700.00 July 5, 2019 16 Unpaid Operational Costs: $227.80 Total to Date: $50,927.80 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $50,927.80. Said amount to become a lien on the property with fines continuing to accrue. 15. CASE NO: CESD20170001945 OWNER: PELICAN RIDGE OF NAPLES ASSOCIATION INC OFFICER: Eric Short 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). Replaced railroad tie retaining wall with brick paver retaining wall without obtaining required Collier County permits. FOLIO NO: 67390720004 PROPERTY ADDRESS: 800 Meadowland Dr., Buildings 23 and 24, Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/18/19 The Respondent was not present. Supervisor Short presented the case noting the violation has not been abated. Fine Amount: $50.00/day Duration: 428 days Total Fine Amount: $21,400.00 Unpaid Operational Costs: $227.30 Total to Date: $21,627.30 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $21,627.30. Said amount to become a lien on the property with fines continuing to accrue. 9. CASE NO: CEPM20180008544 OWNER: Anthony J Russo OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(i) and 22- 231(12)(c). Broken and missing window panel, damaged soffits and torn or missing panels on the lanai. FOLIO NO: 49530280005 PROPERTY ADDRESS: 2 Creek Circle, Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/20/19 The Respondent was not present. Supervisor Mucha presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 257 days Total Fine Amount: $25,700.00 July 5, 2019 17 Unpaid Operational Costs: $223.75 Total to Date: $25,923.75 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $25,923.75. Said amount to become a lien on the property with fines continuing to accrue. 10. CASE NO: CEV20180015259 OWNER: Elder Roche and Marie Roche OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130Article III, Section 130-95 and Collier County Land Development Code, 04-41, as amended, Section 4.05.03(A). Inoperable vehicle parked on the grass in the front yard. FOLIO NO: 62261720002 PROPERTY ADDRESS: 5377 Broward St., Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/20/19 The Respondents were not present. Supervisor Mucha presented the case noting the violation has been abated. Fine Amount: $250.00 Total Fine Amount: $250.00 Unpaid Operational Costs: $224.45 Total to Date: $473.45 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $473.45. Said amount to become a lien on the property with fines continuing to accrue. 13. CASE NO: CEV20180012900 OWNER: ITF Thomas Murray and Hildagarde Murray OFFICER: William Marchand VIOLATIONS: Collier County of Laws and Ordinances, Chapter 130, Article III, Section 130- 95. Vehicle with an expired tag on residential property. FOLIO NO: 70223560001 PROPERTY ADDRESS: 100 Estelle Dr., Naples, FL Date of Hearing Notice by Certified Mail: 6/17/19 Date of Hearing Notice Property/Courthouse Posting: 6/17/19 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Fine Amount: $50.00/day Duration: 56 days Total Fine Amount: $2,800.00 Unpaid Operational Costs: $223.70 Total to Date: $3,023.70 July 5, 2019 18 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $3,023.70. Said amount to become a lien on the property with fines continuing to accrue. VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER 1. CASE NO: CEPM20170013286 OWNER: Elias Valencia OFFICER: Benjamin Plourd VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Deteriorated roof consisting of damaged and/or missing shingles, also soffit and fascia damage. FOLIO NO: 38101960008 PROPERTY ADDRESS: 2930 70th St SW, Naples, FL Staff reported the Motion is to amend the order due to scrivener’s errors. Special Magistrate Garretson GRANTED the County’s motion. 2. CASE NO: CELU20180014681 OWNER: Eduardo Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03. Multiple items being stored outside, including, but not limited to, a boat, construction debris, metal tank, garbage can and wood. FOLIO NO: 22670640001 PROPERTY ADDRESS: 4718 Alladin Ln., Naples, FL Staff reported the Motion is to amend the order due to scrivener’s error. Special Magistrate Garretson GRANTED the County’s motion. B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER 1. CASE NO: CEEX201900015560 - SO187092 OWNER: Kenneth Smullen OFFICER: Deputy J Mironov VIOLATIONS: SO Handicapped Parking 130-67 FOLIO NO: PROPERTY ADDRESS: 12730 Tamiami Trail, Naples, FL Staff reported the Respondent was not present for the hearing but later provided documentation he has a handicap placard and was deemed eligible to pay the $5.00 Administrative Fee. Special Magistrate Garretson GRANTED the County’s motion. IX. CONSENT AGENDA July 5, 2019 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—AUGUST 2,2019 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 2:30 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING \A4-p Br• I a C. GarretsC(fpedal Magistrate The Minutes were approved by the Special Magistrate on a) , as presented , or as amended 19