Loading...
CESM Minutes 08/07/2020 August 7, 2020 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 7, 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 August 7, 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. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. III. APPROVAL OF AGENDA Elena Gonzalez, Code Enforcement Specialist noted the following changes (listed below as Agenda item numbers): Under Item VII.A – Hearings, the following cases were moved to Item VI – Stipulations:  3. CASE NO: CELU20190014318 - Udene M. Torres and Andres Torres  12. CASE NO: CEROW20190009459 - Angelo Lucarelli and Gail M. Lucarelli  7. CASE NO: CEPM20200000248 - Reynaldo Estrada EST.  16. CASE NO: CESD20190007000 - Guerline Norbrun Under Item VII.A – Hearings, the following cases were withdrawn:  2. CASE NO: CELU20200001825 - Daniel Guerrero and Juana Alvarez Teran  4. CASE NO: CEPM20200002714 - Wolfgang Hutzenlaub  5. CASE NO: CESD20190012281 - Rickey Lee Hanks II and Krystal Hanks  6. CASE NO: CES20200003887 - ML LAND LLC  8. CASE NO: CEPM20200000033 - PRIME HOMES AT PORTOFINO FALLS  14. CASE NO: CEV20200005263 - Agatha Wenting and Guillermo Cabada  15. CASE NO: CEV20200003618 - Martha Cisneros  17. CASE NO: CEAU20200000814 - Cholet Louis and Myrlande Altema  18. CASE NO: CENA20190006751 - Hala D. Nemer  19. CASE NO: CENA20190006753 - Hala D. Nemer Under Item VIII.B – Motion for Imposition of Fines, the following case was withdrawn:  8. CASE NO: CEPM20180012850 - Kathleen A. McGrath  10. CASE NO: CESD20180001532 - Meghan Leiti  12. CASE NO: CENA20190014109 - Jones Napoleon Special Magistrate Garretson approved the Agenda as modified IV. APPROVAL OF MINUTES The minutes of the July 8, 2020 hearing were reviewed by Special Magistrate Garretson and approved as submitted. August 7, 2020 3 V. MOTIONS A. Motions 1. CASE NO: CELU20200000904 MOTION TO TRANSFER CASE FROM THE OFFICE OF THE SPECIAL MAGISTRATE TO CODE ENFORCEMENT BOARD OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. The processing/recycling of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120 Colleen MacAlister, Attorney represented Foggs Investments and filed the Motion requesting transfer of the case to the Code Enforcement Board (CEB). She noted:  On May 11, 2020, a violation was issued to the Respondent which contained a list of items to be addressed and if compliance was not met a Citation or hearing could be scheduled on the matter.  She received notice the case was scheduled for a Special Magistrate (SM) hearing and requested a Continuance and transfer to the CEB.  The Continuance was granted by Staff even though the Motion was directed to the Special Magistrate and she (Attorney MacAlister) never heard a response to her motion to transfer the case.  Subsequently she filed a new motion to transfer the case.  The transfer is requested because the CEB operates more independently than SM and the Respondent prefers to be heard by the CEB given it is a broad based panel with an independent attorney.  The County Attorney informed her there is no procedure for Staff to transfer the case to the CEB, so she has directed the request to the SM. Jeff Klatzkow, County Attorney noted:  The Special Magistrate process was created to deal with legal type issues and the case deals with a zoning infraction and whether the use is allowed under Collier County Codes.  The Special Magistrate is a judicial body with land use experience.  The County has not chosen a side in the case, rather has determined the use is not permitted at this point in time.  If it is the decision of the Special Magistrate to transfer the case to the CEB, he will not object. Attorney MacAlister noted the Respondents rights should guide the decision and expressed concern on the Respondent’s due process if the case is heard by the SM. Special Magistrate Garretson noted:  She is an independent contractor, not an employee of the County and disagrees one party should be able to determine the forum for which a case is heard.  The County pays the CEB’s attorney and the SM and County Staff participates in both forums. August 7, 2020 4  Both forums provide for due process and any decision rendered by the SM may be appealed if either party so desires. Special Magistrate Garretson DENIED the Motion to Transfer the Case from the Office of the Special Magistrate to the Code Enforcement Board. 2. CASE NO: CELU20200000904 MOTION TO DISMISS NOTICE OF VIOLATION OR LIMIT HEARING OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. The processing/recycling of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120 Colleen MacAlister, Attorney represented the Respondent and filed the Motion requesting Dismissal of the Notice of Violation or Limit Hearing. She noted she was unsure if the Special Magistrate had the authority to dismiss the Notice of Violation however if the case moves forward, the testimony by those involved should be limited to the Notice of Violation and supported by evidence. Jeff Klatzkow, County Attorney noted the case revolves around the Respondent initiating a rock crushing operation which generated the complaints and has no problem limiting the case to the Notice of Violation. Special Magistrate Garretson noted the case will be limited to the issues cited in the Notice of Violation. 3. CASE NO: CELU20200000904 MOTION TO REQUEST FOR APPROVAL FOR ISSUANCE OF SUBPOENAS OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. The processing/recycling of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120 Colleen MacAlister, Attorney represented the Respondent and filed the Motion requesting the Issuance of Subpoenas. She noted she hasn’t heard a response to her request to issue the subpoenas (9) to the individuals and expressed concern on hearing any testimony from the neighbors present for today’s hearings as she has not had time to prepare. She doesn’t know who they are and moving forward would adversely affect Mr. Fogg’s rights. Discussion occurred on whether the case should move forward today as scheduled under Item V.A.1 with Mr. Klatzkow noting some of those neighbors impacted by the operation are present today and should be allowed to speak. The County is prepared to move forward with the case. Special Magistrate Garretson noted one option is to allow the neighbors to speak and then it could be continued to a later date following the testimony. August 7, 2020 5 Ms. MacAlister objected to starting the case. The neighbors present, as well as County Staff could return at a later date. The neighbors present should have been aware other motions were to be heard today which may delay start of the case Mr. Klatzkow noted it is not an uncommon practice in the legal field for cases to be initiated and continued to another time. Special Magistrate Garretson GRANTED the Motion for Issuance of Subpoenas. She noted the cases for Item VI (Stipulations) will be heard and the parties may meet to determine how to move forward with the case scheduled for today under item VII.A.1 Hearings. Ms. MacAlister objected to moving forward as she was not provided a witness list. Special Magistrate Garretson noted in this forum, there is no requirement for disclosure of witnesses. B. MOTION FOR CONTINUANCE None C. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS 3. CASE NO: CELU20190014318 OWNER: Udene M. Torres and Andres Torres OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. A vehicle parked on an unimproved lot. FOLIO NO: 61482160002 PROPERTY ADDRESS: 3116 Linwood Ave, Naples, FL 34112 Officer Jackson requested the hearing. The Stipulation was entered into by Udene Torres on August 3, 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 September 7, 2020. 2. Remove the vehicle stored on a vacant unimproved parcel to a site intended for such use within August 21, 2020 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. August 7, 2020 6 Total Amount Due: $111.70 12. CASE NO: CEROW20190009459 OWNER: Angelo Lucarelli and Gail M. Lucarelli OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Section 110-31(a). Digging in preparation for replacement of culvert pipe without required Collier County permits, inspections and certificate of completion/occupancy. FOLIO NO: 62783560009 PROPERTY ADDRESS: 795 100th Ave N, Naples, FL 34108 Officer Ford requested the hearing. The Stipulation was entered into by Gail Lucarelli on August 4, 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 September 7, 2020. 2. Obtain all required Collier County Right-of-way permit(s) and inspections through final approval, and/or remove all offending materials from the right-of-way for any activity not permitted with a valid Collier County Right-Of-Way permit within October 7, 2020 or a fine of $150.00 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: $111.70 7. CASE NO: CEPM20200000248 OWNER: Reynaldo Estrada EST. OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Vacant mobile home with blue tarp in disrepair along with down tree and tree limbs on the property. FOLIO NO: 66220280000 PROPERTY ADDRESS: 419 15th St SE, Immokalee, FL 34142 Officer Connetta requested the hearing. The Stipulation was entered into by the Respondent’s representative Diane Estrada on August 4, 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 September 7, 2020. 2. Obtain all required Collier County Building Permits, Demolition Permits, Inspections and Certificate of Completion/Occupancy for repair of the roof on the mobile home and removal of August 7, 2020 7 the downed trees by December 7, 2020 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: $111.70 16. CASE NO: CESD20190007000 OWNER: Guerline Norbrun OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted window replacement. FOLIO NO: 36457760006 PROPERTY ADDRESS: 3037 54th LN SW, Naples, FL 34116 Officer Asaro requested the hearing. The Stipulation was entered into by the Respondent’s representative Fonite Bonheur on August 7, 2020. 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 September 7, 2020. 2. Obtain all required Collier County Building Permits, Demolition Permits, Inspections and Certificate of Completion/Occupancy for the unpermitted structure by November 7, 2020 or a fine of $200.00 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: $111.65 Recessed: 10:37 a.m. Reconvened: 10:47 a.m. VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CELU20200000904 OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. The processing/recycling of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120 August 7, 2020 8 Colleen MacAlister, Attorney represented the Respondent and noted the parties met during a break and it is her understanding the County will read the Violation Notice, the witnesses will be heard and the case continued to the next hearing date. Special Magistrate Garretson noted this would not preclude other witnesses from appearing at a later date during the case. Mr. Ossorio reported his intention is for the Officer to present the case and take public comment from the neighbors. Ms. MacAlister objected noting it was her understanding there would only be public comment, not the County presenting its case during today’s proceedings. Mr. Ossorio noted the County needs to initiate the case in order for public comments to be heard on the matter. Special Magistrate Garretson allowed the hearing to proceed noting she would limit the proceedings as she sees fit. Officer Fuentes represented the County and noted the case involves the processing/recycling of gravel and other materials without a permit. He requested video and photographic evidence be entered into the case. Ms. MacAlister objected to the Evidence as it is being entered by the County as she has not authenticated the material. Mr. Fuentes reported he took the video and photos to be provided in the case which depict the violation. Ms. MacAlister questioned Mr. Fuentes on his interpretation for the definition of recycling and processing. Special Magistrate Garretson informed Ms. MacAlister she will be allowed to fully present her case and contest any of the County’s presentation (Evidence, definitions, etc.). Staff will be present for the next hearing, as well as the Evidence introduced in today’s proceedings. Officer Fuentes entered the following evidence depicting the operation on the Fogg Investment property: Evidence Entered: Exhibit A: Video dated May 7, 2020 Composite Exhibit B: 3 photos dated 1/27/20 Composite Exhibit C: 6 photos dated 5/7/20 He provided a brief overview of the evidence and reported a vendor confirmed he delivers materials from off site to be processed free of charge. Ray Bellows notified him on May 7, 2020 the activity requires issuance of a conditional use permit Ms. MacAlister request a schematic of the Lamorada development be entered into evidence. There was no objection by the County. Evidence Entered: Exhibit A: Schematic of the Lamorada Development Speakers Roseann Stevens, Lamorada Homeowners Association Board Member reported she is a Member of the Board of Directors and they have engaged an attorney in the matter who submitted a letter to the County outlining their concerns and seeking enforcement of the applicable codes. During questioning by Ms. MacAlister, she (Ms. Stevens) noted: August 7, 2020 9  She represents the homeowners as the sole owner/member on the developer controlled Board of Directors (she was elected by the owners to serve).  The Association’s President is Gregory Roughgarden of Lennar Homes.  She represents all homeowners of Lamorada and seeking enforcement of the zoning code.  She purchased her property (lot 82) in September of 2016. The Master Association is responsible for landscaping. James Pianowski, Lamorada Resident reported he anticipates to be subpoenaed and will wait to provide comment at that time. Bill Stradling, Lamorada resident noted he has a background in Florida land use issues and objects to the operation as it is not in compliance with County zoning requirements. During questioning by Ms. MacAlister, he noted he purchased his property in July of 2019 and has filed no complaints on the property to the rear of his lot. Jim Gram, Lamorada resident testified the operation generates loud noises, shaking of the ground and his home’s windows, dust fallout, vibrations, etc. He investigated the area prior to purchasing his property on March 30, 2019 and it was quiet without the present activity ongoing on the Fogg property. He expressed concern over the quality of life, negative impacts on property values, fallout of dust on cars and homes, compromised air quality and a general nuisance. The use on the Fogg property has changed since he’s resided on site from a nursery to include a rock processing plant. Ms. MacAlister requested a series of photos be entered into evidence at no objection from the County. Evidence Entered: Composite Exhibit B: photos with date to be provided at a later time. During questioning by Ms. MacAlister he noted:  He visited his property numerous times during construction and it was quiet and didn’t see the present activity on the Fogg property.  He inquired about the uses on the Fogg’s property prior to purchasing and discovered it was a nursery.  He did file a written complain with Code Enforcement on the activity. The Case was Continued until September 4, 2020. Mr. Stradling expressed concern there was a Cease and Desist Order filed for the operation with non-compliance and the matter continues to be delayed. Ms. MacAlister noted the order did not meet legal requirements. The Special Magistrate noted she has no authority for the Cease and Desist Order and the case is proceeding. 9. CASE NO: CEPM20190002611 OWNER: Bertha S. Hall ET AL OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant dwelling with roof damage and a damaged accessory structure (shed). FOLIO NO: 56403440004 August 7, 2020 10 PROPERTY ADDRESS: 209 Eustis Ave E, Immokalee, FL 34142 Officer Connetta presented the case. The Respondent was not present. Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/27/20 Evidence entered: Composite Exhibit E: dated 3/8/19 Composite Exhibit F: dated 7/l9/19 Composite Exhibit G: dated 7/2/20 Composite Exhibit H: dated 8/6/20 The violation remains as of August 7, 2020. Special Magistrate Garretson, finding the hearing notice was properly served, found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case by September 7, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections and Certificate of Completion/Occupancy by December 7, 2020 for the repair of the roof damage and fix or remove damaged accessory structure (shed) from the property 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: $111.85 10. CASE NO: CEPM20200000949 OWNER: Rena Bell Jackson ET AL OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(12)(l), 22- 231(12)(p), 22-231(9), 22-231(20) and 22-228(1). Several non-working smoke detectors, exposed electrical wires, holes in exterior walls, holes in interior walls and ceilings. Windows that are boarded and some that are broken along with ripped/torn screens on several windows. Roof/soffit damage, insect infestation and overall general maintenance issues. FOLIO NO: 24371040005 PROPERTY ADDRESS: 307 S 2nd St, Immokalee, FL 34142 Officer Connetta presented the case. The Respondent was not present. Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 Evidence entered: Composite Exhibit I: 9 photos dated 1/30/20 Composite Exhibit J: 2 photos dated 5/7/20 Composite Exhibit K: 2 photos dated 8/6/20 August 7, 2020 11 The violation remains as of August 7, 2020. Special Magistrate Garretson, finding the hearing notice was properly served, 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 September 7, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy for all repairs needed to bring the property into compliance with the Collier County Property Maintenance Code by November 7, 2020 or a fine of $250.00 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 Add on Item: Owner: Shirley Riley Address: 5966 Cope Lane, Naples, FL 34112 Officer: Marcy Perry  Citation Numbers: V20-006124, V20-006126, V20-006127, V20-006129, V20-006132 Domestic Animal Services Officer Marcie Perry reported:  She responded to a noise complaint on 1/7/20 at Ms. Riley’s home and found approximately 7 dogs and 3 cats on the premise.  The dogs were not licensed nor could Ms. provide proof of vaccinations and was given to 1/20/20 to comply with Collier County Ordinances.  On 1/21/20 Ms. Riley was given an extension until 2/6/20 to comply, and a further extension until 3/24/20. Upon no compliance by 3/24/20, the Citations were issued.  There was no appeal filed and the case has been placed on the docket seeking the Imposition of Fines. Ms. Riley noted:  Some of the animals in question are strays dropped off at her house.  Two of the dogs were placed with homes outside the property and it is a financial hardship to pay the costs of the Citations.  She wasn’t aware of the ability to appeal the Citations as she never received any information in the mail. Officer Perry reported there are 5 Citations in the amount of $107.00 each. Special Magistrate Garretson, after hearing the testimony, imposed fines in the total amount of $535.00 to be payable by September 7, 2020. 11. CASE NO: CENA20190013050 August 7, 2020 12 OWNER: Jacob Lee Gallegos OFFICER: Steven Lopez-Silvero 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 litter/outside storage of items consisting of, but not limited to, several wooden pallets and several concrete blocks on unimproved residential property. FOLIO NO: 30731920005 PROPERTY ADDRESS: 2401 Eden Ave, Immokalee, FL 34142 Supervisor Ambach presented the case. The Respondent was not present. Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/27/20 Evidence entered: Exhibit K: 1 photo dated 10/16/19 Exhibit L: 1 photo dated 7/27/20 The violation remains as of August 7, 2020. Special Magistrate Garretson, finding the hearing notice was properly served, 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 August 8, 2020. 2. Removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure by August 14, 2020 or a fine of $ 100.00 a day will be imposed for each day the violation remains. 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 13. CASE NO: CENA20200005561 OWNER: Igor Pereverzev OFFICER: Junior Torres VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(a). Weeds/grass over 18 inches in height throughout the property. FOLIO NO: 77410680001 PROPERTY ADDRESS: 1000 Trail Terrace DR, Naples, FL 34103 Officer Torres presented the case. The Respondent was not present. Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 Evidence entered: Composite Exhibit M: 2 photos dated 5/26/20 August 7, 2020 13 Composite Exhibit N: 3 photos dated 8/6/20 The violation remains as of August 7, 2020. Special Magistrate Garretson, finding the hearing notice was properly served, 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 September 7, 2020. 2. Mow or cause to mow all weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height throughout the lot to a height of less than six (6) inches by August 14, 2020 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: $111.70 20. CASE NO: CEEX20200003349-DASV20-006714 OWNER: Marisela Nunez OFFICER: Emmanuel Valdes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Dog (“Hurricane”) running at large. FOLIO NO: PROPERTY ADDRESS: 1609 7th Ave, Immokalee, FL 34142 The Case was combined with Case #21. 21. CASE NO: CEEX20200003357-DASV20-006715 OWNER: Marisela Nunez OFFICER: Emmanuel Valdes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Dog (“Gucci”) running at large. FOLIO NO: PROPERTY ADDRESS: 1609 7th Ave, Immokalee, FL 34142 Ms. Nunez testified:  In March of 2020, her two dogs were found running at large and impounded with costs amounting to approximately $400.00  She is appealing the charges as she has resolved the issue by fencing in her yard and the animals no longer have the ability to run at large.  She requested the fines be waived given the action she has taken to address the situation. Domestic Animal Services Officer Perry reported this was a second offense, with a warning issued the first time, however, is satisfied if the fence secures the dogs and prevents the incidents from re- occurring. Special Magistrate Garretson, after hearing the testimony WAIVED the costs of the fines. VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES August 7, 2020 14 None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CEROW20190012591 OWNER: Alexis Palomeque OFFICER: John Fuentes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Paved driveway entering the County Right-of-way without any permit. FOLIO NO: 35769920001 PROPERTY ADDRESS: 4549 17th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Officer Fuentes presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/20 No. 5746 Page: 3596 Fine Amount: $100.00/day Duration: 153 days Total Fine Amount: $15,300.00 Unpaid Operational Costs: $223.45 Total to Date: $15,523.45 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 $15,523.45. Said amount to become a lien on the property with fines continuing to accrue. 2. CASE NO: CEV20190010688 OWNER: Alexis Palomeque OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). More than forty percent (40%) of the front yard has been paved. FOLIO NO: 35769920001 PROPERTY ADDRESS: 4549 17th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Officer Fuentes presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/20 No. 5746 Page: 3599 Fine Amount: $100.00/day Duration: 153 days Total Fine Amount: $15,300.00 Unpaid Operational Costs: $223.45 Total to Date: $15,523.45 August 7, 2020 15 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 $15,523.45. Said amount to become a lien on the property with fines continuing to accrue. 3. CASE NO: CESD20190007418 OWNER: UOOLIGAN NAPLES MANOR RE LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A 1,351 square foot wooden structure was built on the subject property without first obtaining a valid Collier County permit. FOLIO NO: 62150200002 PROPERTY ADDRESS: 11163 Tamiami Trail E, Naples, FL 34113 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 2/7/20 No. 5703 Page: 2483 Fine Amount: $100.00/day Duration: 98 days Total Fine Amount: $9,800.00 Unpaid Operational Costs: $223.50 Total to Date: $10,023.50 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 $10,023.50. Said amount to become a lien on the property with fines continuing to accrue. 4. 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 a recreational travel trailer are being stored on the property. FOLIO NO: 01134000001 PROPERTYADDRESS: 220 Old Train LN, Copeland, FL 34137 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/28/20 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 1/3/20 No. 5719 Page: 729 Fine Amount: $50.00/day Duration: 210 days Total Fine Amount: $10,500.00 Unpaid Operational Costs: $223.45 August 7, 2020 16 Total to Date: $10,723.45 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 $10,723.45. Said amount to become a lien on the property with fines continuing to accrue. 5. CASE NO: CEROW20180011261 OWNER: KEYESTONE REAL EST HOLDINGS LLC OFFICER: Latoya Thompson VIOLATIONS: County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a). Brick pavers and parking stops, creating parking spaces, were placed in the County Right-of-way without obtaining required Collier County permits. FOLIO NO: 70721440005 PROPERTY ADDRESS: 3135 Terrace Ave, Naples, FL 34104 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/27/20 The Respondents were not present. Officer Thompson presented the case noting the violation has been abated by the Respondent. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 6. CASE NO: CEPM20180009429 OWNER: LAKEVIEW LOAN SERVICING LLC OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(i), 22-231(9), 22-231(11), 22-231(2), 22-236 and 22- 231(19). Dangerous/hazardous structure with multiple Property Maintenance violations. FOLIO NO: 67492880004 PROPERTY ADDRESS: 4411 Rose Ave, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Supervisor Mucha presented the case noting the violation has not been abated. Special Magistrate Order: 8/3/18 No. 5543 Page: 3815 Fine Amount: Part B: $250.00/day Part C: $250.00/day Duration: Part B: 728 days Part C: 705 days Total Fine Amount: $182,000.00; Part C: $176,250.00 Unpaid Operational Costs: $223.75 Total to Date: $358,473.85 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 $358,473.85. Said amount to become a lien on the property with fines continuing to accrue. August 7, 2020 17 7. CASE NO: CESD20180005821 OWNER: Christopher Bryan and Julia Bryan OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction of a pergola at the front entrance of the property without required permits, inspections and certificate of completion. FOLIO NO: 51494600007 PROPERTY ADDRESS: 2257 Regal Way, Naples, FL 34110 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Supervisor Ford presented the case noting the violation has not been abated. Special Magistrate Order: 1/3/20 No. 5755 Page: 1595 Fine Amount: $250.00/day Duration: 122 days Total Fine Amount: $30,500.00 Unpaid Operational Costs: $111.80 Total to Date: $30,611.80 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 $30,611.80. Said amount to become a lien on the property with fines continuing to accrue. 9. CASE NO: CEV20190007829 OWNER: Carole A Alleman OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Inoperable vehicle on the property. FOLIO NO: 37981280006 PROPERTY ADDRESS: 3311 11th Ave SW, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Supervisor Perez presented the case noting the violation has been abated by the Respondent. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 11. CASE NO: CESD20190001079 OWNER: PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A boat lift was erected on the subject property without first obtaining a valid Collier County permit, proper inspections and a certificate of completion/occupancy. August 7, 2020 FOLIO NO: 52396480007 PROPERTY ADDRESS: 111 Capri Blvd,Naples, FL 34113 Date of Hearing Notice by Certified Mail: 7/27/20 Date of Hearing Notice Property/Courthouse Posting: 7/24/20 The Respondents were not present. Supervisor Mucha presented the case noting the violation has been abated by the Respondent. Special Magistrate Garretson DENIED the County's Motion fir Imposition of Fines and Liens. 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 Submitted C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's Request. XI. REPORTS None XII. NEXT MEETING DATE—September 4, 2020 at 9:00 a.m. There being no further business for the good oldie County, the Hearing was adjourned by Order of the Special Magistrate at 1:21 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING I •1A_._ Br. da C. Garretsr'pecial Magistrate The�inutes were approved by the Special Magistrate on i aoa0 , as presented V , or as amended . 18