Loading...
CESM Minutes 01/03/2020 January 3, 2020 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 3, 2020 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 Jeff Letourneau, Manager of Inspectors Elena Gonzalez, Code Enforcement Specialist Sayls Coutin, Code Enforcement Specialist Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 03, 2020 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. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20190014389-SO188124 OWNER: Vincent R Rochon OFFICER: Deputy J Mironov VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66(1)(i). Unlawful area -parked on hash lines – handicap. FOLIO NO: PROPERTY 13100 Tamiami Trail, Naples, FL 34114 ADDRESS: 2. CASE NO: CEEX20190014624-PU5969 OWNER: Marie G Dumas EST OFFICER: Tonya Phillips VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section 118-64. Unauthorized accumulation of litter on property, yard waste curbside in County right of way. FOLIO NO: 56402040007 PROPERTY 208 E Delaware Ave, Immokalee, FL 34142 ADDRESS: 3. CASE NO: CEEX20190014545-PU5596 OWNER: Greg Sprink OFFICER: Natalie Pochmara VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section 118-64. Unauthorized accumulation of litter consisting of, but not limited to, aluminum, wood, plastic, paper, clothing, towels, glass, sponges out on curbside. FOLIO NO: 38046680003 PROPERTY 3601 25th Ave SW, Naples, FL 34117 ADDRESS: 4. CASE NO: CEEX20190014123-PU5594 OWNER: RUTHORO LLC OFFICER: Natalie Pochmara VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section 118-64. Unauthorized litter consisting of, but not limited to, yard waste not property prepared out curbside. FOLIO NO: 61732680009 PROPERTY 1981 Della DR, Naples, FL 34117 ADDRESS: 5. CASE NO: CEEX20190014834-PU5545 OWNER: WCI COMMUNITIES LLC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Section 1.9 Utilities Standard Manual. Illegal tampering of RPZ/Backflow. The back leg of RPZ is twisted 90 degrees with hose connected to the end. The actual middle body of backflow assembly is twisted too. This is a health, safety and welfare issue. FOLIO NO: 73246000723 PROPERTY 14541 Maxwell CT, Naples, FL 34109 ADDRESS: 6. CASE NO: CEEX20190014835-PU5546 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 completely removed from backflow assembly. The middle body of backflow assembly is also twisted. This is a health, safety and welfare issue. FOLIO NO: 73246000367 PROPERTY 14607 Nicholas Way, Naples, FL 34109 ADDRESS: 7. CASE NO: CENA20190008010 OWNER: J C Lambert, Apollo Lambert and Matthew Lambert OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and 54-179. Outside storage/litter consisting of, but not limited to, tires, water heaters, mirrors, plastic, metal, wood, cans, buckets, car parts and trash. FOLIO NO: 74413960006 PROPERTY 3450 Cherokee St, Naples, FL 34112 ADDRESS: 8. CASE NO: CEV20190011511 OWNER: Tod Farrington and Jennifer Farrington OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and 130-96(a). Multiple inoperable/unregistered vehicles, boat trailers and recreational travel trailer being stored on property. FOLIO NO: 1134000001 PROPERTY 220 Old Train LN, Copeland, FL 34114 ADDRESS: 9. CASE NO: CEPM20190010526 OWNER: GSR MORTGAGE LOAN TRUST OFFICER: Latoya Thompson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n) and Florida Building Code 6th Edition, Sections 454.2.17.1 through 454.2.17.3. Pool barrier/screen enclosure is damaged with missing screens. FOLIO NO: 23946003850 PROPERTY 6654 Huntley LN N, Naples, FL 34104 ADDRESS: 10. CASE NO: CEPM20190006708 OWNER: NAPLES MARINA HOLDINGS LLC OFFICER: Stephen Athey VIOLATIONS: Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures and Vacant or Unimproved Lots. Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-440(1)(j), 22-240 (1)(e) and 22- 240(1)(b). Vacant commercial building with rear exterior wall and roof in disrepair. Also, broken window and door glass on front and side of building. FOLIO NO: 386160004 PROPERTY 1949 Davis Blvd, Naples, FL 34104 ADDRESS: 11. CASE NO: CEPM20180013245 OWNER: Hernan J Castano OFFICER: Stephen Athey VIOLATIONS: Compliance and Housing Standards. Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 36442120004 PROPERTY 5001 27th PL SW, Naples, FL 34116 ADDRESS: 12. CASE NO: CEPM20190011873 OWNER: Nicholas Ballo OFFICER: Arthur Ford VIOLATIONS: Florida Building Code 6th Edition (2017) Chapter 4, Section 454.2.17 Residential Barrier Requirement and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). No swimming pool barrier, and damaged 6’ wooden fence with missing panels in rear of the property. FOLIO NO: 62411280004 PROPERTY 807 108th Ave N, Naples, FL 34108 ADDRESS: 13. CASE NO: CEPM20190012560 OWNER: Eugene Arevalo EST OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(9), 22-231(11), 22-231(12)(b), 22- 231(12)(k), 22-231(12)(p), 22-231(12)(c), 22-231(20), 22- 231(12)(i), and 22-231(19). No smoke detector, exposed electrical wires, missing face plates on electrical outlets, broken windows, damage to ceiling and walls on the inside of the house due to water leaks, damage to the roof and holes in exterior wall of the unit. Also, there is an issue with the plumbing, causing the toilets to back up and overflow. FOLIO NO: 88160001 PROPERTY 108 Dixie Ave W, Immokalee, FL 34142 ADDRESS: 14. CASE NO: CENA20190012580 OWNER: Eugene Arevalo EST OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and 54-179. Litter consisting of tires, plastic buckets, bed frame, old appliances and a large pile of debris in the rear yard (fence and wood). FOLIO NO: 88160001 PROPERTY 108 Dixie Ave W, Immokalee, FL 34142 ADDRESS: 15. CASE NO: CEV20190011267 OWNER: Karel Moya Perez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A), 4.06.05(D)(5) and 4.06.05(D)(7). Expanded the designated parking space to exceed over 40% of the front yard. FOLIO NO: 62204720001 PROPERTY 5338 Caldwell St, Naples, FL 34113 ADDRESS: 16. CASE NO: CENA20190009528 OWNER: Carlos Rivers OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Outside debris/litter throughout the front and rear of property. FOLIO NO: 35743160007 PROPERTY 2117 45th TER SW, Naples, FL 34116 ADDRESS: 17. CASE NO: CEV20190011253 OWNER: Israel Laguerre and Elzane Laguerre OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Observed a vehicle with an expired license plate parked on a residential driveway. FOLIO NO: 77390001946 PROPERTY 13569 Koinonia DR, Naples, FL 34114 ADDRESS: 18. CASE NO: CELU20190014281 OWNER: Anabel Cisneros 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/prohibited outside storage including, but not limited to, fridge/freezer, containers, buckets, cardboard, boxes, wood, tires, lawn mower, cooler, vacuum, blanket and other household items. FOLIO NO: 25967802588 PROPERTY 14688 Apalachee St, Naples, FL 34114 ADDRESS: 19. CASE NO: CENA20190012298 OWNER: John W Swain OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Section 54-185(d). Prohibited exotic vegetation including, but not limited to, java plum tree(s) and air potato plant(s) on the referenced un-improved parcel located within 200 feet of improved property. FOLIO NO: 24370160009 PROPERTY No site address ADDRESS: 20. CASE NO: CEV20190012695 OWNER: Enick Clermont OFFICER: Junior Torres VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. There is an unlicensed/inoperable vehicle on the property. FOLIO NO: 68099040000 PROPERTY 3441 Balboa Circle E, Naples, FL 34105 ADDRESS: 21. CASE NO: CEPM20180015856 OWNER: Betty D Layton OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236. Fire damaged dwelling deemed dangerous and uninhabitable by the Collier County Building Official. FOLIO NO: 26680680002 PROPERTY 4084 Coconut Circle N, Naples, FL 34104 ADDRESS: 22. CASE NO: CENA20190012300 OWNER: Annie Earl Reece EST OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Laws and Ordinances, Section 54- 185(d). Prohibited exotic vegetation including, but not limited to, java plum tree(s) and air potato plant(s) on the referenced un- improved parcel located within 200 feet of improved property. FOLIO NO: 24370200008 PROPERTY 313 South 1st Street, Immokalee, FL 34142 ADDRESS: B. EMERGENCY CASES VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20180006363 OWNER: Norma A Martinez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition (2017) Building, Chapter 1, Section 105.1. Fence and carport erected prior to obtaining all required Collier County Building Permits, Inspections and Certificate of Completion/Occupancy. FOLIO NO: 39381800000 PROPERTY 340 16th ST SE, Naples, FL 34117 ADDRESS: 2. CASE NO: CEPM20190002200 OWNER: Earl Gottschall OFFICER: William Marchand VIOLATIONS: Florida Building Code, Sixth Edition (2017), Building, Chapter 4, Section 452.2.17. Having an outdoor swimming pool without any permanent protective barrier. FOLIO NO: 71717518607 PROPERTY 4151 Royal Wood Blvd, Naples, FL 34112 ADDRESS: 3. CASE NO: CEV20190009537 OWNER: Frank Stute and Debbie D Stute OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Boat parked in front yard of the property. FOLIO NO: 740440001 PROPERTY 123 Islamorada LN, Naples, FL 34114 ADDRESS: 4. CASE NO: CEPM20180002144 OWNER: Clovis L Hicks Jr OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15), Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the Florida Building Code, Sixth Edition (2017) Building, Chapter 4, Sections 454.2.17.1 through 454.2.17.3. Unmaintained pool and no pool safety barrier. FOLIO NO: 35994840008 PROPERTY 4564 25th CT SW, Naples, FL 34116 ADDRESS: 5. CASE NO: CELU20190009767 OWNER: CHERYL A FLOOD REV TRUST and THOMAS J FLOOD REV TRUST OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Two boats are being stored or parked on an unimproved lot. FOLIO NO: 75761640006 PROPERTY 2448 Sunset Ave, Naples, FL 34112 ADDRESS: IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY, FEBRUARY 7, 2020 AT 9:00 A.M. XIII. ADJOURN January 3, 2020 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. Break: 9:10 a.m. Reconvened: 9:20 a.m. II. APPROVAL OF AGENDA Elena Gonzalez, Code Enforcement Specialist noted that the following changes (listed below as Agenda Item Numbers): Under Item VI.A – Hearings, the following cases were moved to V - Stipulations:  21. CASE NO: CEPM20180015856 OWNER: Betty D Layton  5. CASE NO: CEEX20190014834-PU5545 OWNER: WCI COMMUNITIES LLC  6. CASE NO: CEEX20190014835-PU5546 OWNER: WCI COMMUNITIES LLC  18. CASE NO: CELU20190014281 OWNER: Anabel Cisneros Under Item VI.A – Hearings, the following cases were withdrawn:  1. CASE NO: CEEX20190014389-SO188124 OWNER: Vincent R Rochon  2. CASE NO: CEEX20190014624-PU5969 OWNER: Marie G Dumas EST  4. CASE NO: CEEX20190014123-PU5594 OWNER: RUTHORO LLC  15. CASE NO: CEV20190011267 OWNER: Karel Moya Perez  16. CASE NO: CENA20190009528 OWNER: Carlos Rivers  17. CASE NO: CEV20190011253 OWNER: Israel Laguerre and Elzane Laguerre  20. CASE NO: CEV20190012695 OWNER: Enick Clermont Under Item VI.B – Emergency Cases, the following cases were added to the Agenda:  1. CASE NO: CFPM 20190015033 OWNER: Sheila Gebhart Under VII.B – Motion for Imposition of Fines, the following case was withdrawn:  1. CASE NO: CESD20180006363 OWNER: Norma A Martinez  3. CASE NO: CEV20190009537 OWNER: Frank Stute and Debbie D Stute Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES January 3, 2020 3 The minutes of the December 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 None V. STIPULATIONS 21. CASE NO: CEPM20180015856 OWNER: Betty D Layton OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236. Fire damaged dwelling deemed dangerous and uninhabitable by the Collier County Building Official. FOLIO NO: 26680680002 PROPERTY ADDRESS: 4084 Coconut Circle N, Naples, FL 34104 Officer Athey requested the hearing. The Stipulation was entered into by the Respondent’s representative Rosalind Layton on January 2, 2020. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by February 3, 2020. 2. Obtain all required Collier County Building Permit(s) to restore the fire damaged building to an approved habitable condition or a Demolition Permit to remove such structure; request all related inspections and issuance of a Certificate of Occupancy/Completion by May 3, 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: $111.70 5. CASE NO: CEEX20190014834-PU5545 OWNER: WCI COMMUNITIES LLC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Section 1.9 Utilities Standard Manual. Illegal tampering of RPZ/Backflow. The back leg January 3, 2020 4 of RPZ is twisted 90 degrees with hose connected to the end. The actual middle body of backflow assembly is twisted too. This is a health, safety and welfare issue. FOLIO NO: 73246000723 PROPERTY ADDRESS: 14541 Maxwell CT, Naples, FL 34109 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent’s representative Ray Kershaw on January 2, 2020. SpecialMagistrate Garretson found the Respondent GUILTY of the alleged violation and ordered pay: 1. Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. An Administrative Fee of $5.00. 3. A Civil Penalty of $5,000.00 for a total amount due of $5,055.00 payable before February 3, 2020. Total Amount Due: $5,055.00 6. CASE NO: CEEX20190014835-PU5546 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 completely removed from backflow assembly. The middle body of backflow assembly is also twisted. This is a health, safety and welfare issue. FOLIO NO: 73246000367 PROPERTY ADDRESS: 14607 Nicholas Way, Naples, FL 34109 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent’s representative Ray Kershaw on January 2, 2020. SpecialMagistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to pay: 1. Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. An Administrative Fee of $5.00. 3. A Civil Penalty of $5,000.00 for a total amount due of $5,055.00 payable before February 3, 2020. Total Amount Due: $5,055.00 18. CASE NO: CELU20190014281 OWNER: Anabel Cisneros January 3, 2020 5 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/prohibited outside storage including, but not limited to, fridge/freezer, containers, buckets, cardboard, boxes, wood, tires, lawn mower, cooler, vacuum, blanket and other household items. FOLIO NO: 25967802588 PROPERTY ADDRESS: 14688 Apalachee St, Naples, FL 34114 Officer Cathey requested the hearing and reported the violation has been abated but was seeking a finding it was existing at the time the violation was issued as it is a re-occurring violation. The Stipulation was entered into by the Respondent representative Anabel Cisneros on January 3, 2020. SpecialMagistrate Garretson found the Respondent GUILTY of the alleged violation at the time it was issued and ordered her to pay: 1. Operational Costs in the amount of $111.65 incurred in the prosecution of the case. Total Amount Due: $111.65 VI. PUBLIC HEARINGS A. HEARINGS 7. CASE NO: CENA20190008010 OWNER: J C Lambert, Apollo Lambert and Matthew Lambert OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and 54-179. Outside storage/litter consisting of, but not limited to, tires, water heaters, mirrors, plastic, metal, wood, cans, buckets, car parts and trash. FOLIO NO: 74413960006 PROPERTY ADDRESS: 3450 Cherokee St, Naples, FL 34112 Officer Giguere represented the County. Evidence Entered: Composite Exhibit A: 4 photos dated 7/8/2019 Composite Exhibit B: 2 photos dated 10/30/2019 Composite Exhibit C: 4 photos dated 12/19/2019 Armando Antonio Lambert was present, noting that his brothers have the title to the property. It was given to them by his mother and he is not pleased with the condition of the property. He has been trying to deal with the situation but the brothers are uncooperative. He is investigating the feasibility of acquiring the property so the violation can be abated. Special Magistrate Garretson found the Respondents GUILTY of the alleged violation ordered to: January 3, 2020 6 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by February 3, 2020. 2. Remove all unauthorized accumulation of litter/outside storage from the property to a site intended for final disposal or store items within a completely enclosed structure by February 17, 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: $111.70 11. CASE NO: CEPM20180013245 OWNER: Hernan J Castano OFFICER: Stephen Athey VIOLATIONS: Compliance and Housing Standards. Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 36442120004 PROPERTY 5001 27th PL SW, Naples, FL 34116 Mr. Castano was present and orally filed a Motion for Continuance noting that he is in the process of abating the violation. The damage to the roof was a result of Hurricane Irma and he did not have insurance. The County is requesting 90 days be given to complete the work, and he would like 6 month as he has hired a contractor who has applied for the permit. Manager Letourneau noted that the case has been ongoing since October of 2018 with staff granting two extensions to comply with the last date which expired on September of 2019. He requested the case go to hearing as a stipulation that was offered to Mr. Castano, who chose not to execute the agreement. Special Magistrate Garretson, after hearing the testimony DENIED Mr. Castano’s Motion for a Continuance. Officer Athey represented the County. Evidence Entered: Exhibit A: 1 aerial photo of the property Composite Exhibit B: 21 photos dated 10/23/2018 Exhibit C: 1 photo dated 12/5/2019 He testified that the violation remains as of January 3, 2020 and the County would like an Order which requires the work be completed within 90 days. Mr. Castano noted that abating the violation was a financial issue and he cannot guarantee the work will be completed within 90 days, as it may not fit the contractors work schedule and requested 6 months to complete the work. January 3, 2020 7 Special Magistrate Garretson noted that if he is given 90 days to comply, and there is progress abating the violation and it cannot be completed in a prescribed timeframe, Mr. Castano may return to any further hearings on the matter and his situation will be taken into consideration at that time. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by April 3, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion for repairs to the roof as outlined in the Notice of Violation by April 3, 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: $111.70 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CEPM20190002200 OWNER: Earl Gottschall OFFICER: William Marchand VIOLATIONS: Florida Building Code, Sixth Edition (2017), Building, Chapter 4, Section 452.2.17. Having an outdoor swimming pool without any permanent protective barrier. FOLIO NO: 71717518607 PROPERTY ADDRESS: 4151 Royal Wood Blvd, Naples, FL 34112 Manager Letourneau and Supervisor Mucha reported that the violation has been abated but not in the prescribed timeframe with fines and costs accumulating to $2,861.80. Kevin Paine was present and represented the Respondent. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 4. CASE NO: CEPM20180002144 OWNER: Clovis L Hicks Jr. OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15), Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the Florida Building Code, Sixth January 3, 2020 8 Edition (2017) Building, Chapter 4, Sections 454.2.17.1 through 454.2.17.3. Unmaintained pool and no pool safety barrier. FOLIO NO: 35994840008 PROPERTY ADDRESS: 4564 25th CT SW, Naples, FL 34116 Supervisor Perez reported that the violation has been abated but not in the prescribed time frame with fines and costs accumulating to $278,861.75. Mr. Hicks was present. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 5. CASE NO: CELU20190009767 OWNER: CHERYL A FLOOD REV TRUST and THOMAS J FLOOD REV TRUST OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Two boats are being stored or parked on an unimproved lot. FOLIO NO: 75761640006 PROPERTY ADDRESS: 2448 Sunset Ave, Naples, FL 34112 Supervisor Perez reported that the violation has been abated but not in the prescribed time frame with fines and costs accumulating to $811.75. Cheryl Flood was present. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. Break: 11:08 a.m. Reconvened: 11:30 a.m. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 3. CASE NO: CEEX20190014545-PU5596 OWNER: Greg Sprink OFFICER: Natalie Pochmara VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section 118-64. Unauthorized accumulation of litter consisting of, but not limited to, aluminum, wood, plastic, paper, clothing, towels, glass, sponges out on curbside. FOLIO NO: 38046680003 PROPERTY ADDRESS: 3601 25th Ave SW, Naples, FL 34117 Officer Pochmara represented the County. The Respondent was not present. January 3, 2020 9 Date of Hearing notice by Certified Mail: 12/16/2019 Evidence Entered: Composite Exhibit A: 3 photos dated 11/13/2019 Composite Exhibit B: 2 photos dated 11/18/2019 Composite Exhibit C: 6 photos dated 12/9/2019 Composite Exhibit D: 2 photos dated 1/2/2020 The violation remains as of 1/3/2020. 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 and Administrative Fees in the amount of $55.00 incurred in the prosecution of this case by February 3, 2020. 2. Remove all unauthorized accumulation of litter/outside storage from the property to a site intended for final disposal or store items within a completely enclosed structure by January 10, 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: $55.00 8. CASE NO: CEV20190011511 OWNER: Tod Farrington and Jennifer Farrington OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and 130-96(a). Multiple inoperable/unregistered vehicles, boat trailers and recreational travel trailer being stored on property. FOLIO NO: 01134000001 PROPERTY ADDRESS: 220 Old Train LN, Copeland, FL 34114 Officer Hamilton represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/20/2019 Evidence Entered: Exhibit A: 1 aerial photo of the property Composite Exhibit B: 2 photos dated 11/18/2019 Composite Exhibit C: 6 photos dated 12/9/2019 Composite Exhibit D: 2 photos dated 1/2/2020 January 3, 2020 10 The violation remains as of 1/3/2020. 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 $111.70 incurred in the prosecution of this case by February 3, 2020. 2. Obtain and affix a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completed enclosed structure, and/or repair defects so vehicle is immediately operable or remove offending vehicles from residentially zoned area by January 10, 2020 or a $50.00 per day fine 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: $111.70 9. CASE NO: CEPM20190010526 OWNER: GSR MORTGAGE LOAN TRUST OFFICER: Latoya Thompson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n) and Florida Building Code 6th Edition, Sections 454.2.17.1 through 454.2.17.3. Pool barrier/screen enclosure is damaged with missing screens. FOLIO NO: 23946003850 PROPERTY 6654 Huntley LN N, Naples, FL 34104 Officer Thompson represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/13/2019 Date of Property/Courthouse Posting: 12/12/2019 Evidence Entered: Composite Exhibit A: 2 photos dated 8/27/2019 Composite Exhibit B: 3 photos dated 10/28/2019 Composite Exhibit C: 2 photos dated 12/11/2019 The violation remains as of 1/3/2020. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by February 3, 2020. January 3, 2020 11 2. Repair/replace damaged/missing screens/panels on the pool barrier by February 3, 2020 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: $111.70 10. CASE NO: CEPM20190006708 OWNER: NAPLES MARINA HOLDINGS LLC OFFICER: Stephen Athey VIOLATIONS: Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures and Vacant or Unimproved Lots. Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-440(1)(j), 22-240 (1)(e) and 22- 240(1)(b). Vacant commercial building with rear exterior wall and roof in disrepair. Also, broken window and door glass on front and side of building. FOLIO NO: 00386160004 PROPERTY ADDRESS: 1949 Davis Blvd, Naples, FL 34104 Officer Athey represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/11/2019 Evidence Entered: Exhibit A: 1 aerial photo of the property Composite Exhibit B: 5 photos dated 6/5/2019 The violation remains as of 1/3/2020. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by February 3, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion for repairs or demolition as noted in the Notice of Violation by January 10, 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 January 3, 2020 12 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: $111.70 12. CASE NO: CEPM20190011873 OWNER: Nicholas Ballo OFFICER: Arthur Ford VIOLATIONS: Florida Building Code 6th Edition (2017) Chapter 4, Section 454.2.17 Residential Barrier Requirement and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). No swimming pool barrier, and damaged 6’ wooden fence with missing panels in rear of the property. FOLIO NO: 62411280004 PROPERTY ADDRESS: 807 108th Ave N, Naples, FL 34108 Officer Ford represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/11/2019 Evidence Entered: Exhibit A: 1 aerial photo of the property Composite Exhibit B: 3 photos dated 9/24/2019 Composite Exhibit C: 6 photos dated 9/26/2019 Composite Exhibit D: 2 photos dated 1/2/2020 The violation remains as of 1/3/2020. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation ordered to: 1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by February 3, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion to repair or replace the damaged fence/swimming pool barrier by February 3, 2020 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: $111.75 13. CASE NO: CEPM20190012560 January 3, 2020 13 OWNER: Eugene Arevalo EST OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(9), 22-231(11), 22-231(12)(b), 22- 231(12)(k), 22- 231(12)(p), 22-231(12)(c), 22-231(20), 22- 231(12)(i), and 22-231(19). No smoke detector, exposed electrical wires, missing face plates on electrical outlets, broken windows, damage to ceiling and walls on the inside of the house due to water leaks, damage to the roof and holes in exterior wall of the unit. Also, there is an issue with the plumbing, causing the toilets to back up and overflow. FOLIO NO: 00088160001 PROPERTY ADDRESS: 108 Dixie Ave W, Immokalee, FL 34142 Officer Connetta represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/11/2019 Evidence Entered: Composite Exhibit A: 17 photos dated 10/17/2019 Composite Exhibit B: 3 photos dated 1/3/2020 The violation remains as of 1/3/2020. 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 $111.90 incurred in the prosecution of this case by February 3, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion for all repairs needed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code by February 3, 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: $111.90 14. CASE NO: CENA20190012580 OWNER: Eugene Arevalo EST OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and 54-179. Litter consisting of tires, plastic buckets, bed January 3, 2020 14 frame, old appliances and a large pile of debris in the rear yard (fence and wood). FOLIO NO: 00088160001 PROPERTY ADDRESS: 108 Dixie Ave W, Immokalee, FL 34142 Officer Connetta represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/11/2019 Evidence Entered: Composite Exhibit A: 4 photos dated 10/17/2019 Composite Exhibit B: 2 photos dated 1/3/2020 The violation remains as of 1/3/2020. Finding the Hearing of Notice 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 February 3, 2020. 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 January 10, 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 19. CASE NO: CENA20190012298 OWNER: John W Swain OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Section 54- 185(d). Prohibited exotic vegetation including, but not limited to, java plum tree(s) and air potato plant(s) on the referenced unimproved parcel located within 200 feet of improved property. FOLIO NO: 24370160009 PROPERTY No site address Officer Ambach represented the County. The Respondent was not present. January 3, 2020 15 Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/10/2019 Evidence Entered: Composite Exhibit A: 6 photos dated 10/9/2019 Exhibit B: 1 photo dated 1/3/2020 Exhibit C: Aerial photo of the property The violation remains as of 1/3/2020. 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 $111.75 incurred in the prosecution of this case by February 3, 2020. 2. Removing any and all Collier County Prohibited Exotric vegetation that exists within a 200 ft. radius of any improved property by January 4, 2020 or a fine of $100.00 per day will be imposed unitl the violation is abated. The use of heavy machinery to do mechanical clearing of exotics requires a Vegetation Removal Permit. When prohibited exotic vegetation foliage is removed, but the base of the vegetation remains, the base and every cut stem or stump must be immediately treated with a U.S. Environmental Protection Agency approved herbicide containing a visible tracer dye. 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: $111.75 22. CASE NO: CENA20190012300 OWNER: Annie Earl Reece EST OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Laws and Ordinances, Section 54- 185(d). Prohibited exotic vegetation including, but not limited to, java plum tree(s) and air potato plant(s) on the referenced unimproved parcel located within 200 feet of improved property. FOLIO NO: 24370200008 PROPERTY ADDRESS: 313 South 1st Street, Immokalee, FL 34142 Officer Connetta represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/11/2019 Date of Property/Courthouse Posting: 12/11/2019 Evidence Entered: Composite Exhibit A: 6 photos dated 10/9/2019 Exhibit B: 1 photo dated 1/3/2020 January 3, 2020 16 Exhibit C: Aerial photo of the property The violation remains as of 1/3/2020. 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 $111.75 incurred in the prosecution of this case by February 3, 2020. 2. Removing any and all Collier County Prohibited Exotric vegetation that exists within a 200 ft. radius of any improved property by January 4, 2020 or a fine of $100.00 per day will be imposed unitl the violation is abated. The use of heavy machinery to do mechanical clearing of exotics requires a Vegetation Removal Permit. When prohibited exotic vegetation foliage is removed, but the base of the vegetation remains, the base and every cut stem or stump must be immediately treated with a U.S. Environmental Protection Agency approved herbicide containing a visible tracer dye. 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: $111.75 B. EMERGENCY CASES 1. CASE NO: CFPM 20190015033 OWNER: Sheila Gebhart OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Compliance with housing standards, Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code Section 22-231 (2) – No water supplied to an occupied building FOLIO NO: PROPERTY ADDRESS: Officer Athey represented the County. The Respondent was not present. Date of Hearing notice by Certified Mail: 12/31/2019 Date of Property/Courthouse Posting: 1/2/2020 Evidence Entered: Exhibit A: Aerial photo of the property Officer Athey testified that the violation remains as of 1/3/2020. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: January 3, 2020 17 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by February 3, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion for repairs needed to restore water service to a permitted condition by January 10, 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: $111.70 VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None X. 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. None XI. REPORTS XII. NEXT MEETING DATE – February 7, 2020 at 9:00 a.m. ***** January 3, 2020 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:40 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING eft., •n•a C. Garretson, pecial Magistrate The Minutes were appr ed by the Special Magistrate on fabrUn 1 manas presented , or as amended 18