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CESM Minutes 10/04/2019 October 4, 2019 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 4, 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 Administrative 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 Director Cristina Perez, Code Enforcement Investigative Supervisor Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Specialist October 4, 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 testim ony 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. Recessed: 9:07 a.m. Reconvened: 9:25 a.m. II. APPROVAL OF AGENDA Elena Gonzalez, 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: 12. CASE NO: CEVR20190002173 - ROCKPORT NAPLES LLC ET AL 19. CASE NO: CEPM20190001321 - Larry L Householder 26. CASE NO: CENA20190008654 - Eleazar Duarte Zaragoza 29. CASE NO: CENA20190009054 - David Arnold 30. CASE NO: CESD20190006288 - Denise Beckley 5. CASE NO: CEEX20190010843 - PU5102 - CRESTVIEW PARK LTD 14. CASE NO: CELU20190005400 - 11750 RIGGS RD LLC 4. CASE NO: CEEX20190009687-PU5544 - WCI COMMUNITIES LLC Under Item V.B – Hearings, the following cases were withdrawn: 3. CASE NO: CEEX20190006197-PU5718 - JCS REALTY GROUP LLC 6. CASE NO: CEEX20190011091-PU5591 - CARLISLE WILSON PLAZA LLC 7. CASE NO: CEPM20190001573 - Richard Garcia and Annie Garcia 8. CASE NO: CEV20190004522 - Dieunytha Damas 9. CASE NO: CEV20190008660 - Alebi Sanchez 10. CASE NO: CENA20190008571 - Alebi Sanchez 11. CASE NO: CELU20190006114 - Peter Neal 13. CASE NO: CENA20170012305 - Clinton W Weeks 15. CASE NO: CENA20190009098 - Edgar L Hernandez and Sandra Hernandez 16. CASE NO: CENA20190009102 - Edgar Hernandez and Sandra Hernandez 17. CASE NO: CEPM20190001908 - Terroncia Fryson Simon 18. CASE NO: CENA20190008846 - James Garee 21. CASE NO: CEV20190006143 - Malcolm Smith 22. CASE NO: CELU20190004270 - Calogero Vaccaro 23. CASE NO: CENA20190008575 - JIMAEG GLOBAL LLC 24. CASE NO: CESD20190003004 - Marie G Mongene 25. CASE NO: CEPM20190005173 - Michael Lopez 27. CASE NO: CESD20190004048 - Edwin Santaella and Rafaela Delgado October 4, 2019 3 28. CASE NO: CEPM20190007876 - Ana Maria Jimenez 31. CASE NO: CENA20190008753 - Salvador Zepeda and Rosalinda Hernandez 32. CASE NO: CENA20170012304 - John D Dyer Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the September 6, 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 1. CASE NO: CENA20190000816 OWNER: Troy Broitzman and Quenby A Broitzman OFFICER: Ryan Cathey 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). Litter/outside storage including, but not limited to, several piles of pallets and tile and construction materials/equipment on a vacant lot. FOLIO NO: 00748880003 PROPERTY ADDRESS: 2375 Marete Dr., Naples, FL 34114 Troy Broitzman was present and submitted his Motion for an Extension in time in writing. He entered into a stipulation to abate the violation on 6/7/19 and was given 90 days but needs more time to finish the work. Removal of the materials is ongoing as he has located a separate site to store the goods. Officer Cathey had no objection to the request. Special Magistrate Garretson GRANTED the Motion for an Extension of Time allowing Mr. Broitzman an additional 90 days to abate the violation. Fines are not beginning to accrue. V. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20190010262-PR060892 OWNER: Rick Talford OFFICER: Park Ranger M. Araquistain VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 130, Article II, Section 130-66. Parking – Unlawful Area. Parking over four parking spaces. FOLIO NO: PROPERTY ADDRESS: Cocohatchee River Park (Boat Ramp Parking Lot), Naples, FL 34110 Park Ranger Araquistain represented the County. Rick Talford was present and testified he has a 25 foot boat with a trailer that occupies more than one space and he parked the vehicle in an “out of the way” location in the parking lot and returned in 20 minutes. He paid the required fee to the County at the bait shop and provisions should be made which allows an individual to park a trailer of that size on site. October 4, 2019 4 Ranger Araquistain testified he was on routine patrol when he observed the vehicle parked encumbering more than one space and accordingly issued the Citation. An individual with this type trailer is allowed to park on the side of the road. The parking lot was not full at the time he issued the Citation. Evidence Entered: Exhibit A: 2 photos of the parked vehicle. Mr. Talford reported he was unaware he could park on the road until after the incident and was not notified at the time by Staff who collected his fee. Nor is there signage on site notifying the public of this accommodation. Special Magistrate Garretson, after hearing the testimony and reviewing the evidence DISMISSED the Citation as it is not clear where someone with this type of vehicle/trailer should park after paying the necessary fees to the attendant. 2. CASE NO: CEEX20190010507-PR060831 OWNER: Adam Blum OFFICER: Park Ranger C. English VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66. Parking – Unlawful Area. Trailer parking only. FOLIO NO: PROPERTY ADDRESS: Bayview Marina, 1500 Danford St, Naples, FL 34112 The Respondent was not present but notified about the hearing by Certified Mail on 9/20/19. Ranger C. English presented the case. Evidence Entered: Exhibit A: 1 photo depicting the alleged violation. She testified she was on routine patrol when she observed the vehicle unlawfully parked and accordingly issued the Citation. Special Magistrate Garretson, after hearing the testimony and reviewing the evidence UPHELD issuance of the Citation and ordered the Respondent to pay a $30.00 fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount due of $85.00 by November 4, 2019. V. STIPULATIONS 12. CASE NO: CEVR20190002173 OWNER: ROCKPORT NAPLES LLC ET AL OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2). Failure to maintain required landscaping in a healthy condition in perpetuity as per approved Building and Site Plan 86-002. Also, failure to replace buffer along rear of building consisting of, but not limited to, mahogany trees and a ficus hedge. FOLIO NO: 00391600009 PROPERTY ADDRESS: 3871 Tamiami Trail E, Naples, FL 34112 The County withdrew the case. October 4, 2019 5 19. CASE NO: CEPM20190001321 OWNER: Larry L Householder OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 228(1), 22-231(12)(i), 22-231(12)(n), 22- 231(15) and Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17. Unmaintained roof with mold and missing/damaged roof tile, boarded/broken windows and pool not protected by an approved pool barrier. FOLIO NO: 23945012208 PROPERTY 226 Belville Blvd, Naples, FL 34104 Officer Marchand requested the hearing. Mr. Householder was present. The Stipulation was entered into by the Larry Householder on October 3, 2019. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by November 4, 2019. 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 to repair/replace the missing/damaged roof tile and repair/replace broken windows, and power wash roof to remove mold by April 4, 2020 or a fine of $100.00 per day will be imposed until the violation has been abated. 3. 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 to erect an approved pool barrier to avoid safety concerns by April 4, 2020 or a fine of $100.00 per day will be imposed until the violation has been 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: $111.65 26. CASE NO: CENA20190008654 OWNER: Eleazar Duarte Zaragoza OFFICER: Thomas Pitura 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 2.02.03. Accumulation of trash and outside storage of household and construction materials. FOLIO NO: 50890722001 PROPERTY ADDRESS: 2569 Holly Ave, Naples, FL 34112 Officer Pitura requested the hearing. The Respondent was not present but notified by Certified Mail on 9/20/19. October 4, 2019 6 The Stipulation was entered into by Eleazor Duarte on October 3, 2019. 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 $111.65 incurred in the prosecution of this case by November 4, 2019. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure, cease all outside storing of but not limited to construction materials, tires, tools, plastic containers, metals and all items not specifically used for residential use by November 4, 2019 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 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: $111.65 29. CASE NO: CENA20190009054 OWNER: David Arnold OFFICER: Thomas Pitura 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 2.02.03. Accumulation of trash and outside storage including, but not limited to, household, auto and construction materials. FOLIO NO: 50890480000 PROPERTY ADDRESS: 2665 Holly Ave, Naples, FL 34112 Officer Pitura requested the hearing. The Respondent was not present but notified by Certified Mail on 9/20/19. The Stipulation was entered into by David Arnold on October 3, 2019. Finding the Notice of Hearing was properly served, the Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by November 4, 2019. 2. Abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure, cease all outside storing of but not limited to construction materials, auto and household items not specifically used for residential use by January 4, 2020 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 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: $111.65 October 4, 2019 7 30. CASE NO: CESD20190006288 OWNER: Denise Beckley OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Shed in rear yard erected without a permit. FOLIO NO: 49532480007 PROPERTY ADDRESS: 27 Creek Circle, Naples, FL 34114 Officer Marchand requested the hearing. The Respondent was not present but notified by Certified Mail on 9/20/19. The Stipulation was entered into by the Denise Beckley on October 3, 2019. Finding the notice was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by November 4, 2019. 2. Obtain all required Collier County Building Permit(s), Demolition Permit, Inspections, and/or remove said structure or improvements including materials from property by January 4, 2020 or a fine of $100.00 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: $111.65 5. CASE NO: CEEX20190010843-PU5102 OWNER: CRESTVIEW PARK LTD OFFICER: Jacob Sawatzky VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section 118- 64. Observed that at all five dumpster enclosures there was extreme amounts of litter on the ground. Litter consisting of, but not limited to, ripped open trash bags, food waste, hygiene products and large amounts of plastic containers and wrappers. These conditions are creating a health, safety and welfare issue. FOLIO NO: 22430000522 PROPERTY 715 Crestview Dr, Immokalee, FL 34142 Officer Sawatzky requested the hearing. Carla Murphy was present and represented the Respondent. The Stipulation was entered into by the Respondent’s representative Carla Murphy on October 4, 2019. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case. 2. Pay an Administrative Fee of $5.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00 October 4, 2019 8 Total charges in the amount of $555.00 are due and payable by November 4, 2019. 14. CASE NO: CELU20190005400 OWNER: 11750 RIGGS RD LLC OFFICER: Ryan Cathey 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 2.02.03. Litter/outside storage including, but not limited to, wood, metal, tires and other construction materials. FOLIO NO: 00761000006 and 00761040008 PROPERTY ADDRESS: 11750 Riggs Rd, Naples, FL 34114 Officer Cathey requested the hearing. Dennis Glenn, owner of the property was present. The Stipulation was entered into by the Respondent Dennis Glenn on October 3, 2019. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by November 4, 2019. 2. Abate the violation by removing all unauthorized accumulation of litter and illegal outside storage from the property or store items within a completely enclosed structure by February 4, 2020 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 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: $111.65 4. CASE NO: CEEX20190009687-PU5544 OWNER: WCI COMMUNITIES LLC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134-62, Section 1.9, Utilities Standard Manual. Illegal tampering of RPZ/Backflow. The back-leg of RPZ is twisted all the way up with hose connected to it. The actual assembly is loose too. This is a health, safety and welfare issue. FOLIO NO: 73246000325 PROPERTY ADDRESS: 14599 Nicholas Way, Naples, FL 34109 Officer Sefa requested the hearing. Ray Kershaw was present and represented the Respondent. The Stipulation was entered into by the Respondent’s representative Ray Kershaw on October 4, 2019. October 4, 2019 9 Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case. 2. Pay an Administrative Fee of $5.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $1,500.00. 4. Submit a letter by November 14, 2019 apologizing to Collier County Utilities, signed by two individuals associated with the violation (Bluewater and their subcontractor) acknowledging they understood tampering with the County device was a violation and a future incident similar in nature will result in a much greater fine amount being imposed. Total charges in the amount of $1,555.00 are due and payable by November 4, 2019. Recessed: 11:11 a.m. Reconvened: 11:25 a.m. VII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 9. CASE NO: CEPM20180007510 OWNER: Anna M Taylor Kovack OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof in need of repairs. FOLIO NO: 55550800006 PROPERTY ADDRESS: 20 Lanai Circle, Naples, FL 34112 Supervisor Mucha represented the County and reported the violation has been abated, but not in the prescribed time frame. Anna Kovack testified the repairs were necessary as a result of Hurricane Irma damage, and there were insurance issues including the involvement of a public adjuster on her behalf. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. 2. CASE NO: CEV20180015854 OWNER: Patricia A Hutchinson OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Vehicles parked on the grass in the front yard. FOLIO NO: 68343560003 PROPERTY ADDRESS: 92 Isle of Saint Thomas, Naples, FL 34114 Officer Pitura represented the County. Deslume Pierre Kesner the tenant of the property was present but did not speak English. The case was recessed at 11:40 a.m. while the parties conducted a meeting to discuss the issues. The case was reconvened at 11:55 a.m. and the County reported the violation has been abated and Operational Costs paid. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. October 4, 2019 10 3. CASE NO: CENA20180016089 OWNER: Patricia A Hutchinson OFFICER: Thomas Pitura 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 storage of litter consisting of, but not limited to, tires, metals, buckets, furniture, concrete and other construction materials, trash and debris on the entire property. FOLIO NO: 68343560003 PROPERTY 92 Isle of Saint Thomas, Naples, FL 34114 Officer Pitura represented the County. Deslume Pierre Kesner, the tenant of the property was present but did not speak English. The case was recessed at 11:40 a.m. while the parties conducted a meeting to discuss the issues. The case was reconvened at 11:57 a.m. and the County WITHDREW the case. 4. CASE NO: CELU20190004780 OWNER: Larry K Mannerberg OFFICER: Ryan Cathey 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 2.02.03. Litter and outside storage of items consisting of, but not limited to, containers, chemicals, tires, a mattress and a shopping cart. FOLIO NO: 54902920001 PROPERTY ADDRESS: 102 Warwick Hills Dr., Naples, FL 34113 Jeremy Mannerberg (son) represented his father Larry K. Mannerberg. Officer Cathey presented the case noting the violation has been abated but not in the prescribed time frame. Mr. Mannerberg entered the following Evidence: Exhibit A: Response to the Order Exhibit B: Petition of the Court Exhibit C: 1 photo Exhibit C: 1 photo Special Magistrate Garretson DENIED the County’s Motion for Imposition Fines. 7. CASE NO: CEPM20190007538 OWNER: ROBERT A FLICK REVOCABLE TRUST OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations and Article VI, Section 22- 231(19) and 22-228(1). Sewer not functioning properly causing raw sewage overflow. FOLIO NO: 29781960000 PROPERTY ADDRESS: 1286 Highlands Dr., Naples, FL 34103 October 4, 2019 11 Officer Athey was present reporting the violation was abated. Mr. Flick was present and reported the violation was abated but not in prescribed time frame as the plumber initially thought the problem was rectified before it re-occurred. Special Magistrate Garretson DENIED the County’s Motion for Imposition Fines. 8. CASE NO: CEPM20180004112 OWNER: Ronald Abel OFFICER: John Fuentes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15) and Florida Building Code, Sixth Edition (2017), Chapter 4, Section 454.2.17. Unsecure swimming pool without an approved permanent protective pool barrier in the rear yard of improved occupied residential property and unmaintained pool with stagnant water. FOLIO NO: 35780080001 PROPERTY 2172 41st Terrace SW, Naples, FL 34116 Officer Fuentes presented the case noting the violation has not been abated. Special Magistrate Order: No. 5656 Page: 455 Fine Amount: Part C: 84 days at $250.00/day - $21,000; Part D: 84 days at $250.00 - $21,000; Part E: 60 days at $250.00/day - $15,000. Total Fine Amount: $57,000.00 Operational Costs: $111.85 Total to Date: $57,111.85 Mr. Abel was present and testified:  He met with the permitting staff member, Louis Hernandez yesterday and obtained all the necessary information for applying for the permit.  Mr. Hernandez stated the proposed gate was acceptable as long as there was no more than 2 inches from the bottom of the gate to the ground.  Based on the conversation, he decided to add a concrete pad under the gate area to prevent the ground from settling more than 2 inches under the gate. Mr. Hernandez stated it was acceptable, however he needed to submit new plans for the work.  Upon receiving the permit for the work it will only take a matter of hours to finish the job. Officer Fuentes noted the Order was issued on July 5, 2019 and:  Part C of the order for the filtration system has not been abated with the equipment currenlty utilized.  Part D of the Order for the pool barrier is in rejection status at County permitting and the pool is uncovered.  Part E of the Order has not been satisfied as it requires issuance of a permit and a Certificate of Completion. October 4, 2019 12 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 $57,111.85. Said amount to become a lien on the property with fines continuing to accrue. 10. 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 litter/debris being stored on the property consisting of, but not limited to, appliances, tv, buckets, ladders, luggage, coolers, disconnected window air conditioner unit, baby carriage, cardboard boxes and other discarded materials. FOLIO NO: 67491120008 PROPERTY ADDRESS: 4409 Thomasson Ln., Naples, FL 34112 Supervisor Mucha represented the County reporting the violation was abated but not in the prescribed time frame. Martin Anastasio was present. Gilberto Anastacio acted as interpreter. Special Magistrate Garretson DENIED the County’s Motion for Imposition Fines. 1. CASE NO: CENA20180014973 OWNER: SPECIALIZED LOAN SERVICING LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and 54-185(a) and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Weeds overgrown in excess of eighteen inches and litter/outside storage 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 34113 Date of Hearing Notice by Certified Mail: 9/20/19 Date of Hearing Notice Property/Courthouse Posting: 9/23/19 The Respondents were not present. Supervisor Mucha presented the case noting the violation was abated by the County. Special Magistrate Order: No. 5656 Page: 468 Fine Amount: $150.00/day Duration: 38 days Total Fine Amount: $5,700.00 Abatement Costs: $415.00 Unpaid Operational Costs: $223.70 Total to Date: $6,338.70 October 4, 2019 13 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 $6,338.70. Said amount to become a lien on the property. 5. CASE NO: CEV20190002365 OWNER: Saint Louis Moise 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 34112 Date of Hearing Notice by Certified Mail: 9/20/19 Date of Hearing Notice Property/Courthouse Posting: 9/18/19 The Respondent was not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: No. 5656 Page: 449 Fine Amount: $50.00/day Duration: 84 days Total Fine Amount: $4,200.00 Unpaid Operational Costs: $223.60 Total to Date: $4,423.60 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 $4,423.60. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CENA20190004325 OWNER: Saint Louis Moise 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 litter/debris being stored throughout the front of the property consisting of, but not limited to, appliances, buckets, scrap metal, household items and other discarded materials. FOLIO NO: 67491080009 PROPERTY ADDRESS: 4415 Thomasson Ln., Naples, FL 34112 Date of Hearing Notice by Certified Mail: 9/20/19 Date of Hearing Notice Property/Courthouse Posting: 9/18/19 The Respondent was not present. Supervisor Mucha presented the case noting the violation has been abated. Special Magistrate Order: No. 5656 Page: 452 Fine Amount: $100.00/day Duration: 66 days Total Fine Amount: $6,600.00 Unpaid Operational Costs: $223.70 Total to Date: $6,823.70 October 4, 2019 14 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines/Liens as to unpaid operational costs for a total amount due of $223.70. VI. PUBLIC HEARINGS (Continued) A. HEARINGS 20. CASE NO: CENA20190007406 OWNER: Terry Dilozir OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds/grass in excess of eighteen inches throughout the property. FOLIO NO: 36129040009 PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL 34116 The Respondent was not present. Date of Hearing Notice by Certified Mail: 9/20/19 Date of Hearing Notice Property/Courthouse Posting: 9/18/19 Officer Asaro presented the case. Evidence entered: Exhibit A: 1 photo dated 10/3/19 The violation remains as of 10/4/19. 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 $111.65 incurred in the prosecution of the case by November 4, 2019. 2. Mow or cause to mow all weeds, grass or similar non protective overgrowth in excess of 18 inches to a height of no more than 6 inches by October 11, 2019 or pay a fine of $50.00 a day that the violation remains unabated thereafter. 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: $223.70 VII. NEW BUSINESS (Continued) 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 October 4, 2019 IX. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. No cases submitted X. REPORTS None XI. NEXT MEETING DATE—November 1,2019 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 12:50 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING . _mv. Brenda C. Garr• : •n, Special Magistrate The inutes were approved by the Special Magistrate on NoV ..%Rovtm‘Del. 19 , as presented r as amended 15