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CESM Minutes 10/02/2020 October 2, 2020 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 2, 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 Di rector Jeff Letourneau, Manager of Inspectors Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, 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 October 02, 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: CELU20200000904 (THIS ITEM TO BE HEARD AT 1:00 pm) OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. The processing of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY 10270 Immokalee RD, Naples, FL 34120 ADDRESS: 2. CASE NO: CELU20200002031 OWNER: Eligio Martinez Jr and Sylvia Martinez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Outside storage/litter on property consisting of, but not limited to, metal, plastic, gas cans, construction equipment, buckets and tires. FOLIO NO: 62266080006 PROPERTY 5414 Texas Ave, Naples, FL 34113 ADDRESS: 3. CASE NO: CESD20200001427 OWNER: Diana Morquecho OFFICER: Virginie Giguere 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). AC unit installed prior to obtaining Collier County building permits. FOLIO NO: 77460600002 PROPERTY 5200 Treetops DR, Naples, FL 34113 ADDRESS: 4. CASE NO: CENA20200000479 OWNER: Shane Robertson OFFICER: Paula Guy 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 prohibited outside storage including, but not limited to, vegetation piles and plastic scraps. FOLIO NO: 36713160007 PROPERTY 3680 3rd Ave NW, Naples, FL 34120 ADDRESS: 5. CASE NO: CENA20200005538 OWNER: Elizabeth A Lavery Trust EST UTD 09/10/04 OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(b). Collier County Land Development Code 04-41, as amended, Section 2.02.03. Overgrowth of vegetation and weeds within 30 feet of improved estates zoned parcel. Household junk, trash and debris including, but not limited to, plastic trash bags, plastic and wood scraps. FOLIO NO: 37985080008 PROPERTY 3481 11th Ave SW, Naples, FL 34117 ADDRESS: 6. CASE NO: CESD20200002013 OWNER: Jose Angel Lallave Cruz OFFICER: Latoya Thompson 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). Twelve (12) security cameras were installed on the building without a permit. FOLIO NO: 74862040001 PROPERTY 1360 Green Valley Circle, Unit #1403, Naples, FL 34104 ADDRESS: 7. CASE NO: CESD20200002803 OWNER: Humberto Aguilar OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Two carports, kitchen addition with electric and plumbing all attached to the mobile home erected without first obtaining the authorization of the permits, inspections and certificate of occupancy as required by Collier County. FOLIO NO: 00127880006 PROPERTY 331 N 15th St, Unit #4, Immokalee, FL 34142 ADDRESS: 8. CASE NO: CEV20200003891 OWNER: Eugenio Arevalo Jr and Lydia Arevalo OFFICER: Maria Rodriguez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95 and 130-97(3). Two inoperable trailers parked on the front and side yard of residential property. FOLIO NO: 66881040003 PROPERTY 318 S 6th CT, Immokalee, FL 34142 ADDRESS: 9. CASE NO: CEV20200000211 OWNER: Miguel Cruz EST OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Numerous unlicensed/inoperable vehicles on the property. FOLIO NO: 39387120001 PROPERTY 181 20th St SE, Naples, FL 34117 ADDRESS: 10. CASE NO: CEROW20170015842 OWNER: Elizabeth Fox OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections 110-31(a) and 110-32. Failed culvert pipes under the driveways along Ridge Drive and a failed/blocked drainage culvert/swale along the north side of the property between Ridge Drive and Goodlette Frank Road, impeding stormwater flow. FOLIO NO: 67184800004 PROPERTY 110/122 Ridge DR, Naples, FL 34108 ADDRESS: 11. CASE NO: CEPM20200006932 OWNER: HPA BORROWER 2016 ML LLC OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(2), 22-231(12)(c) and 22- 231(12)(p). Leak in roof causing damage to the ceiling in the dining room. Also, strong foul odor coming from the water faucet which is generated from a well water system with a water softener tank. FOLIO NO: 37495120005 PROPERTY 441 10th Ave NE, Naples, FL 34120 ADDRESS: 12. CASE NO: CEROW20200005808 OWNER: Lee Martin Friedman OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Chapter 110, Article II, Section 110-32. Litter accumulated in the right-of-way including, but not limited to, vegetation debris, a plastic container, drink bottles, food wrappers and construction debris. FOLIO NO: 37921960001 PROPERTY 4751 15th Ave SW, Naples, FL 34116 ADDRESS: 13. CASE NO: CEPM20200006589 OWNER: Eugene Koessler OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15). A green, unmaintained private swimming pool. FOLIO NO: 22540000548 PROPERTY 1130 Augusta Falls Way, Naples, FL 34119 ADDRESS: 14. CASE NO: CEPM20200004437 OWNER: Lucia Martinez Mata OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article IV, Section 22-231(12)(n). Exterior wood fence in need of repair. FOLIO NO: 68342640005 PROPERTY 70 Isle of Saint Thomas, Naples, FL 34114 ADDRESS: 15. CASE NO: CEPM20200006119 OWNER: Sheila D Gebhart OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(11) and 22-231(12)(i). Occupied dwelling with no electric service provided by a county approved source. Broken windows. FOLIO NO: 62264320001 PROPERTY 5329 Trammell St, Naples, FL 34113 ADDRESS: 16. CASE NO: CEPM20200004616 OWNER: John M McCarthy and Catherine M McCarthy OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(11), 22-231(12)(b), 22-231(12)(i) and 22-231(12)(c). Vacant mobile home in disrepair. Exterior light fixtures in disrepair. Exterior surfaces in disrepair, skirting missing, cover for hot water heater missing, mold and other stains on exterior walls/surfaces. Roof in disrepair. Broken windows. Exterior door in disrepair. FOLIO NO: 70121480005 PROPERTY 5 Chateau Way, Naples, FL 34112 ADDRESS: 17. CASE NO: CELU20170010987 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(b). Outside storage of accumulation of litter including, but not limited to, construction materials, wood, metal, plastic scraps, household junk, trash and debris on improved estates zoned parcel. Also, high grass and weeds in excess of 18 inches within 30 feet of main structure. FOLIO NO: 37987760009 PROPERTY 3610 White Blvd, Naples, FL 34117 ADDRESS: 18. CASE NO: CEROW20180002325 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Expired right-of-way permit number PRROW2014082232. Right-of-way and driveway entry in disrepair on improved estates zoned parcel. FOLIO NO: 37987760009 PROPERTY 3610 White Blvd, Naples, FL 34117 ADDRESS: 19. CASE NO: CEV20200005814 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple inoperative vehicles on estates zoned parcel. FOLIO NO: 37987760009 PROPERTY 3610 White Blvd, Naples, FL 34117 ADDRESS: 20. CASE NO: CESD20200002191 OWNER: Robert M Arnold OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Florida Building Code, 6th Edition (2017), Chapter 4, Section 454.2.17. Unpermitted above ground pool with no barrier. FOLIO NO: 36431720004 PROPERTY 5442 29th PL SW, Naples, FL 34116 ADDRESS: 21. CASE NO: CEV20200002189 OWNER: Robert M Arnold OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Collier County Code of Laws and Ordinances, Article III, Chapter 130, Sections 130-95, 130- 97(2) and 130-97(3). Two inoperable/unlicensed vehicles parked on the grass in the front yard and two unlicensed trailers in the rear yard. FOLIO NO: 36431720004 PROPERTY 5442 29th PL SW, Naples, FL 34116 ADDRESS: 22. CASE NO: CEAU20190002975 OWNER: Elmer Morejon Alvarez and Madelaine Almanza Borroto OFFICER: Daniel Hamilton VIOLATIONS: Florida Building Code, 6th Edition (2017) Building, Chapter 1, Part 2, Section 105.1. Unpermitted fence on the property. FOLIO NO: 77390001920 PROPERTY 13565 Koinonia DR, Naples, FL 34114 ADDRESS: 23. CASE NO: CELU20190008998 OWNER: Alfred M Grimm OFFICER: Daniel Hamilton VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Motor home (RV) on unimproved property being lived in and connected to sewer. FOLIO NO: 01205320005 PROPERTY 27 E Flamingo DR, Everglades City, FL 34139 ADDRESS: 24. CASE NO: CEV20200002298 OWNER: Mario E Zuniga OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed/inoperable vehicle on the property. FOLIO NO: 01131840002 PROPERTY 221 Old Train LN, Copeland, FL 34137 ADDRESS: 25. CASE NO: CESD20200005083 OWNER: Jeffrey B Zanger OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Damaged/missing residential pool barrier. FOLIO NO: 22597005428 PROPERTY 6383 Old Mahogany CT, Naples, FL 34109 ADDRESS: 26. CASE NO: CEV20200007067 OWNER: Roberto Reyes OFFICER: Michael Odom VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed and inoperable vehicles in the front yard of the property. FOLIO NO: 39954720009 PROPERTY 3330 33rd Ave NE, Naples, FL 34120 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: CEV20190012061 OWNER: Leonard Albert Maxson and Marcia Morgan Maxson OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed and/or inoperable vehicles on estates zoned property. FOLIO NO: 41286160008 PROPERTY 1975 Everglades Blvd S, Naples, FL 34117 ADDRESS: 2. CASE NO: CEPM20190012062 OWNER: Leonard Albert Maxson and Marcia Morgan Maxson OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(f) and 22- 231(12)(i). Main residential structure damaged, including, but not limited to, exterior walls, siding, porch railings, stairs and broken unsecured windows. FOLIO NO: 41286160008 PROPERTY 1975 Everglades Blvd S, Naples, FL 34117 ADDRESS: 3. CASE NO: CENA20190013203 OWNER: Terry Dilozir OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds and grass in excess of 18 inches in height throughout the property. FOLIO NO: 36129040009 PROPERTY 4913 18th Ave SW, Naples, FL 34116 ADDRESS: 4. 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 a vacant, unimproved lot. FOLIO NO: 61482160002 PROPERTY 3116 Linwood Ave, Naples, FL 34112 ADDRESS: 5. CASE NO: CENA20190013050 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 2401 Eden Ave, Immokalee, FL 34142 ADDRESS: 6. CASE NO: CEPM20180012850 OWNER: Kathleen A McGrath OFFICER: Tony Asaro VIOLATIONS: Florida Building Code, 6th Edition (2017), Building, Chapter 4, Section 454.2.17 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Damaged/missing residential swimming pool barrier. FOLIO NO: 69145008005 PROPERTY 10161 Regent Circle, Naples, FL 34109 ADDRESS: 7. 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). A shed erected in the rear yard of the property without a permit. FOLIO NO: 49532480007 PROPERTY 27 Creek Circle, Naples, FL 34114 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. C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY, NOVEMBER 6, 2020 AT 9:00 A.M. XIII. ADJOURN October 2, 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: • 10. CASE NO: CEROW20170015842 - Elizabeth Fox • 14. CASE NO: CEPM20200004437 - Lucia Martinez Mata • 2. CASE NO: CELU20200002031 - Eligio Martinez Jr and Sylvia Martinez • 5. CASE NO: CENA20200005538 - Elizabeth A. Lavery Trust EST UTD 09/10/04 • 22. CASE NO: CEAU20190002975 - Elmer Morejon Alvarez and Madelaine Almanza Borroto • 26. CASE NO: CEV20200007067 - Roberto Reyes • 17. CASE NO: CELU20170010987 - Fortino Mendez • 18. CASE NO: CEROW20180002325 - Fortino Mendez • 19. CASE NO: CEV20200005814 - Fortino Mendez • 20. CASE NO: CESD20200002191 - Robert M. Arnold • 21. CASE NO: CEV20200002189 - Robert M. Arnold Under Item VII.A – Hearings, the following cases were withdrawn: • 3. CASE NO: CESD20200001427 - Diana Morquecho • 4. CASE NO: CENA20200000479 - Shane Robertson • 8. CASE NO: CEV20200003891 - Eugenio Arevalo Jr. and Lydia Arevalo • 12. CASE NO: CEROW20200005808 - Lee Martin Friedman • 23. CASE NO: CELU20190008998 - Alfred M. Grimm • 24. CASE NO: CEV20200002298 - Mario E. Zuniga Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: • 6. CASE NO: CEPM20180012850 - Kathleen A McGrath • 7. CASE NO: CESD20190006288 - Denise Beckley Special Magistrate Garretson approved the Agenda as modified IV. APPROVAL OF MINUTES October 2, 2020 3 The minutes of the September 4, 2020 hearing were reviewed by Special Magistrate Garretson and approved as submitted. V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS 10. CASE NO: CEROW20170015842 OWNER: Elizabeth Fox OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections 110-31(a) and 110-32. Failed culvert pipes under the driveways along Ridge Drive and a failed/blocked drainage culvert/swale along the north side of the property between Ridge Drive and Goodlette Frank Road, impeding stormwater flow. FOLIO NO: 67184800004 PROPERTY ADDRESS: 110/122 Ridge DR, Naples, FL 34108 Supervisor Short requested the hearing. The Stipulation was entered into by Elizabeth Fox on October 1, 2020. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this case by November 2, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections and Certificate of Completion/Occupancy for the failed culvert pipes under the driveways along Ridge Drive and remove offending material along the north side of the property by April 2, 2021 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: $111.80 14. CASE NO: CEPM20200004437 OWNER: Lucia Martinez Mata OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article IV, Section 22- 231(12)(n). Exterior wood fence in need of repair. FOLIO NO: 68342640005 PROPERTY ADDRESS: 70 Isle of Saint Thomas, Naples, FL 34114 Officer Pitura requested the hearing. The Stipulation was entered into by Lucia Mata on September 21, 2020. October 2, 2020 4 Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 2. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by November 2, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections and Certificate of Completion/Occupancy for repair of the fence by December 2, 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 2. CASE NO: CELU20200002031 OWNER: Eligio Martinez Jr and Sylvia Martinez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Outside storage/litter on property consisting of, but not limited to, metal, plastic, gas cans, construction equipment, buckets and tires. FOLIO NO: 62266080006 PROPERTY ADDRESS: 5414 Texas Ave, Naples, FL 34113 Officer Giguere requested the hearing. The Stipulation was entered into by Eligio Martinez, Jr. on September 29, 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 November 2, 2020. 2. Remove all unauthorized accumulation of litter not permitted for outdoor storage from the property to a site designated for such use or store items in a completely enclosed structure by November 2, 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 5. CASE NO: CENA20200005538 OWNER: Elizabeth A. Lavery Trust EST UTD 09/10/04 OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(b). Collier County Land Development Code 04-41, as amended, Section 2.02.03. Overgrowth of vegetation and weeds within 30 feet of improved estates zoned parcel. Household junk, trash and debris including, but not limited to, plastic trash bags, plastic and wood scraps. October 2, 2020 5 FOLIO NO: 37985080008 PROPERTY ADDRESS: 3481 11th Ave SW, Naples, FL 34117 Officer Guy requested the hearing. The Stipulation was entered into by Douglas Lavery on September 30, 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 November 2, 2020. 2. Must mow, or cause to mow all weeds, grass or other similar unprotected overgrowth in excess of 18 inches in height on this lot to a height of less than 6 inches by February 2, 2021 or a fine of $100.00 per day will be imposed until the violation is abated. 3. Remove all unauthorized accumulation of litter not permitted for outdoor storage from the property to a site designated for such use or store items in a completely enclosed structure by February 2, 2021 or a fine of $100.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 22. CASE NO: CEAU20190002975 OWNER: Elmer Morejon Alvarez and Madelaine Almanza Borroto OFFICER: Daniel Hamilton VIOLATIONS: Florida Building Code, 6th Edition (2017) Building, Chapter 1, Part 2, Section 105.1. Unpermitted fence on the property. FOLIO NO: 77390001920 PROPERTY ADDRESS: 13565 Koinonia DR, Naples, FL 34114 Officer Hamilton requested the hearing. The Stipulation was entered into by Elmer Morejon Alvarez and Madelaine Almanza Borroto on September 29, 2020. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered to: 3. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by November 2, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections and Certificate of Completion/Occupancy for repair of the fence by December 2, 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: $111.65 26. CASE NO: CEV20200007067 OWNER: Roberto Reyes October 2, 2020 6 OFFICER: Michael Odom VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed and inoperable vehicles in the front yard of the property. FOLIO NO: 39954720009 PROPERTY ADDRESS: 3330 33rd Ave NE, Naples, FL 34120 Officer Odom requested the hearing. The Stipulation was entered into by Roberto Reyes on September 29, 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 November 2, 2020. 2. Obtain and affix a valid license plate to each vehicle not stored in the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure and/or repair defects so vehicle is immediately operable or remove vehicles from residentially zoned property by October 9, 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 17. CASE NO: CELU20170010987 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(b). Outside storage of accumulation of litter including, but not limited to, construction materials, wood, metal, plastic scraps, household junk, trash and debris on improved estates zoned parcel. Also, high grass and weeds in excess of 18 inches within 30 feet of main structure. FOLIO NO: 37987760009 PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117 Officer Guy requested the hearing. The Stipulation was entered into by Fortino Mendez on October 1, 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 November 2, 2020. 2. Remove all unauthorized accumulation of litter not permitted for outdoor storage from the property to a site designated for such use or store items in a completely enclosed structure by October 9, 2020 or a fine of $100.00 per day will be imposed until the violation is abated. 3. Must mow, or cause to mow all weeds, grass or other similar unprotected overgrowth in excess of 18 inches in height on this lot to a height of less than 6 inches by October 9, 2020 or a fine of $100.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s October 2, 2020 7 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 18. CASE NO: CEROW20180002325 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Expired right-of-way permit number PRROW2014082232. Right-of- way and driveway entry in disrepair on improved estates zoned parcel. FOLIO NO: 37987760009 PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117 Officer Guy requested the hearing. The Stipulation was entered into by Fortino Mendez on October 1, 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 November 2, 2020. 2. Obtain applicable right of way permit(s), inspection(s) and final approval from Department of Transportation and/or remove any and all offending materials from the Collier County Right-Of-Way to restore permitted state by November 2, 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 19. CASE NO: CEV20200005814 OWNER: Fortino Mendez OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple inoperative vehicles on estates zoned parcel. FOLIO NO: 37987760009 PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117 Officer Guy requested the hearing. The Stipulation was entered into by Fortino Mendez on October 1, 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 November 2, 2020. 2. Obtain and affix a valid license plate to each vehicle not stored in the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure and/or repair defects so vehicle is immediately operable or remove vehicles from residentially zoned property by October 9, 2020 or a fine of $50.00 per day will be imposed until the violation is abated. October 2, 2020 8 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: CESD20200002191 OWNER: Robert M Arnold OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Florida Building Code, 6th Edition (2017), Chapter 4, Section 454.2.17. Unpermitted above ground pool with no barrier. FOLIO NO: 36431720004 PROPERTY ADDRESS: 5442 29th PL SW, Naples, FL 34116 Officer Shanahan requested the hearing. The Stipulation was entered into by Robert Arnold on October 1, 2020. 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 November 2, 2020. 2. Obtaining all required Collier County Building Permit(s), inspections, and Certificate of Completion/Occupancy for the unpermitted above ground pool OR remove pool from the property by November 2, 2020 or a fine of $150.00 per day will be imposed until the violation is abated. 3. If pool is not removed; Must erect, fix, or repair an approved pool barrier to avoid safety concerns and must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier and follow through to Certificate of Completion on the property by November 2, 2020 or a fine of $150.00 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: $111.75 21. CASE NO: CEV20200002189 OWNER: Robert M Arnold OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Collier County Code of Laws and Ordinances, Article III, Chapter 130, Sections 130-95, 130-97(2) and 130-97(3). Two inoperable/unlicensed vehicles parked on the grass in the front yard and two unlicensed trailers in the rear yard. FOLIO NO: 36431720004 PROPERTY ADDRESS: 5442 29th PL SW, Naples, FL 34116 October 2, 2020 9 Officer Shanahan requested the hearing. The Stipulation was entered into by Robert Arnold on October 1, 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 November 2, 2020. 2. Obtain and affix a valid license plate to each vehicle not stored in the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure and/or repair defects so vehicle is immediately operable or remove vehicles from residentially zoned property by October 16, 2020 or a fine of $100.00 per day will be imposed until the violation is abated. 3. Remove the vehicle parked on the front grass to a stabilized subsurface base or plastic grid stabilization covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf grass parking systems specifically designated for automobiles not to exceed 40% of the front yard for parking by October 16, 2020 or a fine of $100.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 VII. PUBLIC HEARINGS A. HEARINGS 6. CASE NO: CESD20200002013 OWNER: Jose Angel Lallave Cruz OFFICER: Latoya Thompson 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). Twelve (12) security cameras were installed on the building without a permit. FOLIO NO: 74862040001 PROPERTY ADDRESS: 1360 Green Valley Circle, Unit #1403, Naples, FL 34104 Mr. Cruz was present. Officer Thompson presented the case. Evidence Entered: Composite Exhibit A: 4 photos date 4/2/20 Exhibit B: Building Official Determination dated 4/6/20 She testified: • On March 17, 2020 she responded to a complaint by the Association’s Management Company regarding the installation of security cameras on the building. • She discovered cameras installed on the building in various locations. • She contacted the County Building Official who notified her a permit was required for the cameras. Mr. Cruz testified: • He installed17 cameras in total at his condominium unit for security purposes after contacting the County who notified no permits were required for installation on a residential premise. October 2, 2020 10 • The violation has not been issued properly as it states installation of the devices on a commercial building. • Other owners have installed the cameras without a complaint from the management company. Manager Letourneau reported the building is considered commercial under the Florida Building Code as it is a multi family structure. Supervisor Short noted they will investigate the installation of other cameras on the building and County employees can assist in the permit process if he so desires as the devices are allowed with proper approvals. 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 November 2, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy for the installment of 12 surveillance cameras by November 2, 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 9. CASE NO: CEV20200000211 OWNER: Miguel Cruz EST. OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Numerous unlicensed/inoperable vehicles on the property. FOLIO NO: 39387120001 PROPERTY ADDRESS: 181 20th St SE, Naples, FL 34117 Officer McGonagle represented the County. Michael Cruz represented the Respondent noting there are several siblings involved in the estate with no will. An Executor has not been appointed nor an estate opened up. He wishes to abate the violation as one of the vehicles is his and the others a sister’s and 3 belong to his late father. Special Magistrate noted he does not have the proper authority to represent the Respondent in the matter and CONTINUED the case until the January 2021 hearing date. VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 5. CASE NO: CENA20190013050 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, October 2, 2020 11 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 Jacob Gallegos was present. Supervisor Ambach represented the County reporting the violation has been abated and the Operational costs paid. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. Recessed: 11:40 a.m. Reconvened: 12:06 p.m. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 11. CASE NO: CEPM20200006932 OWNER: HPA BORROWER 2016 ML LLC OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(2), 22-231(12)(c) and 22-231(12)(p). Leak in roof causing damage to the ceiling in the dining room. Also, strong foul odor coming from the water faucet which is generated from a well water system with a water softener tank. FOLIO NO: 37495120005 PROPERTY ADDRESS: 441 10th Ave NE, Naples, FL 34120 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/10/20 Investigator Connetta presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 6/30/20 Composite Exhibit B: 5 photos dated 7/31/20 Exhibit C: 1 photo dated 10/1/20 The violation remains as of 10/2/20 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 November 2, 2020. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy for the repair of the roof and ceiling in dining room. Also, have the water softener tank treated and maintained to remove the foul odor from the water faucet by November 2, 2020 or a fine of $250.00 per day will be imposed until the violation is abate. 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 October 2, 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: $111.75 13. CASE NO: CEPM20200006589 OWNER: Eugene Koessler OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15). A green, unmaintained private swimming pool. FOLIO NO: 22540000548 PROPERTY ADDRESS: 1130 Augusta Falls Way, Naples, FL 34119 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/11/20 Investigator Holmes presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 2 photos dated 6/19/20 Exhibit B: 1 photo dated 7/8/20 Composite Exhibit C: 2 photos dated 10/1/20 The violation remains as of 10/2/20 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 November 2, 2020. 2. Chemically treat the pool water, killing the algae growth, and maintaining the filtration system to keep the pool water clean and provide bi-weekly treatments or chemically treating the pool water, killing the algae growth and covering the pool to prevent safety hazards, insect infestations, and the intrusion of rain water by October 9, 2020 or a fine of $250.00 will be imposed for each day the violation continues. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 15. CASE NO: CEPM20200006119 OWNER: Sheila D. Gebhart OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(11) and 22-231(12)(i). Occupied dwelling with no electric service provided by a county approved source. Broken windows. FOLIO NO: 62264320001 PROPERTY ADDRESS: 5329 Trammell St, Naples, FL 34113 Date of Hearing Notice by Certified Mail: 9/11/20 Date of Hearing Notice Property/Courthouse Posting: 9/11/20 October 2, 2020 13 Investigator Athey presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 5 photos dated 6/9/20 Exhibit B: 1 aerial photo of the property dated 7/31/20 The violation remains as of 10/2/20. 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 November 2, 2020. 2. Obtain all required Collier County Building Permits or Demolition Permit, Inspections, and Certificate of Completion for all repairs to broken windows and supply dwelling with electrical service provided by a County approved source including obtaining any permits required to restore electricity by October 9, 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: $111.70 16. CASE NO: CEPM20200004616 OWNER: John M. McCarthy and Catherine M. McCarthy OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(11), 22-231(12)(b), 22-231(12)(i) and 22-231(12)(c). Vacant mobile home in disrepair. Exterior light fixtures in disrepair. Exterior surfaces in disrepair, skirting, missing, cover for hot water heater missing, mold and other stains on exterior walls/surfaces. Roof in disrepair. Broken windows. Exterior door in disrepair. FOLIO NO: 70121480005 PROPERTY ADDRESS: 5 Chateau Way, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 9/11/20 Date of Hearing Notice Property/Courthouse Posting: 9/11/20 Investigator Athey presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 5 photos dated 4/30/20 Exhibit B: 1 aerial photo of the property The violation remains as of 10/02/20. 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 November 2, 2020. 2. Obtain all required Collier County Building Permits or Demolition Permit, October 2, 2020 14 Inspections, and Certificate of Completion for all repairs requiring permitting and make all other repairs needed as outlined in the Notice of Violation by October 9, 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: $111.75 25. CASE NO: CESD20200005083 OWNER: Jeffrey B. Zanger OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Damaged/missing residential pool barrier. FOLIO NO: 22597005428 PROPERTY ADDRESS: 6383 Old Mahogany CT, Naples, FL 34109 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/11/20 Investigator Asaro presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 1 photos dated 5/15/20 Exhibit B: 1 photo dated 10/1/20 The violation remains as of 10/2/20. 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 November 2, 2020. 2. Erect an approved temporary pool barrier by October 9, 2020 or a fine of $250.00 per day will be imposed until the violation is abated. 3. Obtain all required Collier County Building Permit(s) for the pool enclosure and request all Inspections through Certificate of Completion/Occupancy by November 2, 2020 or a fine of $200.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 IX. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None October 2, 2020 15 B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CEV20190012061 OWNER: Leonard Albert Maxson and Marcia Morgan Maxson OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed and/or inoperable vehicles on estates zoned property. FOLIO NO: 41286160008 PROPERTY ADDRESS: 1975 Everglades Blvd S, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/15/20 The Respondents were not present. Supervisor Ambach presented the case noting the violation has not been abated. Fine Amount: $100.00/day Duration: 79 days Total Fine Amount: $7,900.00 Unpaid Operational Costs: $223.45 Total to Date: $8,123.45 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 $8,123.45 with fines continuing to accrue. Said amount to become a lien on the property. 2. CASE NO: CEPM20190012062 OWNER: Leonard Albert Maxson and Marcia Morgan Maxson OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(f) and 22-231(12)(i). Main residential structure damaged, including, but not limited to, exterior walls, siding, porch railings, stairs and broken unsecured windows. FOLIO NO: 41286160008 PROPERTY ADDRESS: 1975 Everglades Blvd S, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/15/20 The Respondents were not present. Supervisor Ambach presented the case noting the violation has not been abated. Fine Amount: $250.00/day Duration: 55 days Total Fine Amount: $13,750.00 Unpaid Operational Costs: $223.55 Total to Date: $13,973.55 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 $13,973.55 with fines continuing to accrue. Said amount to become a lien on the property. October 2, 2020 16 3. CASE NO: CENA20190013203 OWNER: Terry Dilozir OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds and grass in excess of 18 inches in height throughout the property. FOLIO NO: 36129040009 PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/11/20 The Respondents were not present. Supervisor Perez presented the case noting the violation has been abated by the County. Fine Amount: $100.00/day Duration: 7 days Total Fine Amount: $700.00 Unpaid Abatement Costs: $990.00 Unpaid Operational Costs: $223.50 Total to Date: $1,913.50 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 $1,913.50. Said amount to become a lien on the property. 4. 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 a vacant, unimproved lot. FOLIO NO: 61482160002 PROPERTY ADDRESS: 3116 Linwood Ave, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 9/15/20 Date of Hearing Notice Property/Courthouse Posting: 9/10/20 The Respondents were not present. Supervisor Short presented the case and reported the violation has been abated. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. X. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None October 2, 2020 17 XI. 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. None C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases in the Executive Summary and GRANTED the County’s Motion to Impose the DAS Citation Liens on the Cases referenced. XII. REPORTS None Recessed: 12:50 p.m. Reconvened: 1:15 p.m. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 1. CASE NO: CELU20200000904 (THIS ITEM TO BE HEARD AT 1:00 pm) OWNER: FOGGS INVESTMENTS LLC OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. The processing of gravel, stone/concrete and earthly material without a conditional use. FOLIO NO: 00190600006 PROPERTY ADDRESS: 10270 Immokalee RD, Naples, FL 34120 The case was continued from September 2, 2020. Colleen MacAlister represented Fogg Investments, LLC. Colleen Greene represented the County. Stanley Fogg, Jr. of Foggs Investment LLC. was present. Ms. MacAlister questioned Mr. Fogg with Exhibits entered as noted. Mr. Fogg testified: • The operation has been in business for 33 years, 23 years at the existing location as a nursery. Exhibit #7: Photo of business sign. • He has a conditional use permit #21 and along with plant material sells stone, mulch, pine straw, soil and shells. Exhibit #8: Land Development Code Sections Exhibit #9: 10 photos of the site • The photos depict piles of materials on site noting he has a retail and wholesale license for the products he sells. Exhibit #10: Copies of his licenses for retail and wholesale sales, grading and lawn maintenance. Exhibit #11: Copies of State of Florida Nursery license October 2, 2020 18 • His customers include the general public, Collier County governmental departments and private businesses. • As part of the operation, he screens material, 4 inches or less in size on site to separate the material into different size components. • He composts material on site which is converted to soil for use off site. • He receives sand from all sources off site (excavations for construction of swimming pools, etc.) which he screens for sale to various parties. • He only screens on the materials and does not crush any material on site nor does he house any equipment capable of this activity. • He has been composting on site for approximately 20 years. • The equipment on site includes a front-end loader, excavator and screeners and the County has never notified him they are not permitted on the property. • On 1/24/20, Officer Fuentes visited the site and issued a stop work order for the processing of material on site. Investigators had not visited the site to observe the activity before issuing the order. • On February 5, 2020, he met with County officials, including Ray Bellows and a site visit was arranged for 3/10/20, however Mr. Fuentes and his attorney showed-up but Mr. Bellows did not. At this time, Mr. Fuentes notified him he was closing out the case. • Mr. Fuentes visited the site on multiple occasions without restricted access until May 13, 2020 when he notified Mr. Fuentes was not allowed on the property. • Mr. Fuentes never asked to view the machinery, witness it in operation nor did Mr. Bellows inquire on how the equipment operated or the purpose of the machinery. • He does not accept any cardboard, metal, plastics or other refuse of this nature on site or conduct recycling on site. • He does not participate in resource recovery, crushing of rock or accept concrete debris on site. • The County has never informed him he needs an additional conditional use permit for his operation. • He has not previously been issued a violation for his screening activity but has had other alleged violations investigated by the County. • Before 2020 Code Enforcement staff has been on the property and not issued violations for the screening activity. • Some of the previous investigations included a 2007/2008 issue for selling sheds. Ms. MacAlister requested a letter from the Collier County Planning Manager dated 6/22/07 be entered into evidence. Ms. Greene objected as it is not relevant to this case it is a zoning verification letter and was about a violation involving the sale of sheds on the property. Ms. MacAlister noted it was relevant as County Officials were on site and did not issue a violation for the screening activity in 2007 and 2008. Ms. Greene noted Mr. Fogg requested the letter and it was not an investigation conducted by Code Enforcement. Special Magistrate Garretson noted the County not opening a case at that time was not a defense to the alleged violation under consideration today. Ms. MacAlister disagreed and reported she had case law she would present to support her assertion. Manager Letourneau noted an officer would not inspect the entire site looking for other violations if he was there to address a specific complaint. October 2, 2020 19 Ms. MacAlister noted the issue was heard by the Code Enforcement Board at the time. Special Magistrate Garretson Sustained the Objection noting the matter was a zoning issue, not a Code Enforcement case. Ms. MacAlister requested evidence from other Code Enforcement cases be allowed into evidence. There are instances when Code Enforcement officials were on site investigating alleged violations. In 2010/11 for dumping of horticultural material, 2012 for retail sales of items and 2019 for operating a salvage yard where it was confirmed he does not operate a salvage yard. Ms. Greene objected as those cases are not relevant to today’s proceeding as the investigator may not have known the activity was ongoing when he/she visited the property. Special Magistrate Garretson, in reviewing the request noted the 2012 case does reference the mulching operation as referenced in the 2019 case and Mr. Fogg testified the operations were ongoing at that time. Exhibit #12: - CELU20100017427; CETU20120014811; CELU20190012829 Ms. MacAlister requested a 2011 case (CENA20110007811) dealing with dumping horticultural material on site with no Conditional Use be allowed in as evidence. It is similar to today’s case and the activity was allowed to go forward with 20 percent allowable use on site. Ms. Greene agreed mulching is allowed up for up to 20 percent use of the property. Ms. MacAlister reported the case notes for today’s case reference the 2011 case. Ms. Greene noted the case is not relevant to today’s case which deals with the recycling and processing of gravel and stone which is not an authorized use. After review of the case, Special Magistrate allowed it to be entered into Evidence. Ms. MacAlister questioned Mr. Fogg. • He stated the County never asked what percent of his business is mulch related during the investigation under consideration today. • He viewed the photographs entered by the County which depicted horticulture debris on site for a long period of time. He noted the debris is possibly remains from Hurricane Irma disposal. Break: 3:15 p.m. Reconvened: 3:20 p.m. Ms. MacAlister continued her questioning of Mr. Fogg who testified: • He has a variety of sizes of processed material on site which he purchases for resale and can provide the invoices for the sales. • He does receive horticultural debris (4-inch size or less) from off site screen for composting and resale. • He did accept larger size landscape debris from the County during the Hurricane Irma cleanup, and there were no complaints filed by the County for the activity. Ms. Greene questioned Mr. Fogg. Mr. Fogg testified: October 2, 2020 20 • Mr. Bellows did not inform him at the 2/5/20 meeting he needed an additional conditional use permit. • It is his understanding the complaint was brought forward by neighbors regarding a noise issue from screening rock, soil and mulch. • He accepts soil, mulch and rock from different sources and the horticultural debris comes from landscape contractors, HOA developers, etc. • The landscape debris is allowed to decay or is screened and separated into a fine and rough products. • The material is ground or chipped before he receives it and his machinery is not noisy. • He purchases the ¾ inch stone and pea stone for resale but does not screen it on site. • He does screen the mulch, soil and sand to smaller sizes. • The delivered fill dirt is screened if necessary to separate out stones but he does not crush any material on site. • He did have a hammer which broke rock into smaller sizes, however the equipment is no longer on site. It was removed from the site approximately 5 months after the code case opened. • He does not excavate the ground on his property as part of the operation. • The rip rap rock is screened to separate the material into different sizes. • There were 3 screeners on site to sort the products into different size material however they have been removed from the property. • He has been issued several Conditional Uses permits for the operation on site. • He did utilize a box auger which improves the quality of the sand products he resells. • He rents the equipment in relation to his operation with Quality Enterprise employees operating it. • The material enters the equipment and exits as the same product, however separated into different sizes. • He is not undertaking any unauthorized activities on site. During additional questioning by Ms. MacAlister, Mr. Fogg noted the hammer equipment was onsite 3 – 4 weeks until complaints arose on the noise Ms. Greene questioned Jack McKenna, Collier County Engineer. Mr. McKenna testified: • He has been in his current position of County Engineer for 10 years. • He worked for the County Road Division in the 1980’s for 3 – 4 years and been involved with construction his entire career including Director of Development for Fiddler’s Creek for 10 years where materials were processed on site. • He is a licensed engineer and works with the Code Enforcement Division on cases when necessary. • He viewed Mr. Fogg’s operation from off site on the south property line during a field visit with Officer Fuentes and Mr. Bellows. • The photos entered as evidence by the County depict what he witnessed during the visit. • He did not witness the equipment in use however it is utilized to sort material into different sizes. • The operation involves “processing” material into different gradations of products to be utilized in different manners. Ms. MacAlister questioned Mr. McKenna. October 2, 2020 21 Ms. MacAlister read the definition of “Processing” from F.S.A. Section 403.703(25) “Processing” means any technique designed to change the physical, chemical, or biological character or composition of any solid waste so as to render it safe for transport; amenable to recovery, storage, or recycling; safe for disposal; or reduced in volume or concentration” and questioned if the screener changes the physical characteristics of the material? Mr. McKenna noted the operation repositions particles into 3 different piles creating gradations of more uniform material. Ms. Greene questioned Anita Jenkins, Collier County Interim Zoning Director. Ms. Jenkins testified: • She has reviewed the Notice of Violation issued for the hearing today. Exhibit #7: Determination by Ray Bellows • She has reviewed Mr. Bellows determination. • Mr. Fogg has not been issued a Conditional Use Permit for the uses in question today, nor does he have any conditional use permits for a nursery, or retail or wholesale of goods. • According to the County Code Conditional Use Permit #12 is required for the processing of stone, gravel and earthly materials on his site. • The requirements to obtain such a permit would be to file an application for Staff review, a review by the Planning Commission who would provide a recommendation to the Board of County Commissioners who is charged with a final decision on the application. Ms. MacAlister questioned Ms. Jenkins. Ms. MacAlister noted Section 403.703(32) of the Florida Statute states “Resource recovery” means the process of recovering materials or energy from solid waste, excluding those materials or solid waste under the control of the Nuclear Regulatory Commission” querying what resource recovery is occurring on the Fogg’s property? Ms. Jenkins noted the definition “Resource Recovery” in Collier County Cods Section 2.58-27 includes horticultural matters. Mr. Fogg does not have a conditional use permit to collect, process and recycle material. He has a Site Development Plan for a wholesale nursery. Ms. MacAlister read Section 118-136 of Collier County Code of Ordinances which states “For the purposes of this Ordinance, recyclable materials means paper, cardboard, glass, plastic (Numbers 1 through 7), aluminum, and ferrous metal. The Board may designate other materials (e.g., organic waste) as recyclable materials if the Board determines that a market exists for such materials and a cost-effective system is in place for recycling such materials. Materials shall be deleted from this list of recyclable materials if the Board determines that a market no longer exists, or a cost-effective system is no longer in place for recycling such materials.” She noted the BCC has not changed the definition and Mr. Fogg has nothing to do with these materials. Ms. Jenkins noted he collects, processes and sells materials on his site which requires a Conditional Use permit in the Agricultural Zone. Speakers Susan Stradling noted she lives in LaMorada and the activity is a nuisance, especially when she was recovering from life saving surgery. The noise consisted of grinding, pounding, with no peace and quiet and was also disruptive to the family dog. October 2, 2020 Darla Pianoski moved into LaMorada after retirement and visiting the neighborhood numerous times before purchasing. She did not hear the noise from the hammer/auger during those visits. She is familiar with the equipment during construction of schools during her career which is utilized for making larger rocks available for screening. David Sanvidge has construction experience in the region, familiar with the Fogg's operation. He works for WCI and has purchased a home in LaMorada. The pounding and shaking from the activity on the Fogg property began after he purchased his home and he did see a Jaw Crusher on site. There has been a historic change in operation on the site. Edward A. Denova noted he has lived in the neighborhood for over 30 years and the operation hasn't changed and the issue is a matter of interpretation of use. Janice Brune,bookkeeper for Fogg's noted there was continual noise during the construction of the LaMorada development and her office is in close proximity to screening operation and is not noisy. The business is not a transfer station for materials. Special Magistrate Garretson notified the parties they have 15 days to submit closing arguments in writing. XIII. NEXT MEETING DATE—November 6, 2020 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 5:02 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Br nda C. Garrets° , Special Magistrate The/ inutes were approved by the Special Magistrate on *RoQ t,wa r 61 ) 90, as presented V , or as amended . 22