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CESM Minutes 11/06/2020 November 6, 2020 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, November 6, 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 Co Yer County Growth Management Department Code Enforcement Division Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 November 06, 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 • 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) cameras were installed on the building without a permit FOLIO NO: 74862040001 PROPERTY 1360 Green Valley Circle, Unit #1403, Naples, FL 34104 ADDRESS: B. MOTION FOR EXTENSION OF TIME VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS • CASE NO: CELU20200007709-CO02703 (TO BE HEARD 9:00am-11:00am) OWNER: SEED TO TABLE LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05, Section 3(1). Numerous customers and employees without required face masks. FOLIO NO: PROPERTY 4835 Immokalee RD, Naples, FL 34110 ADDRESS: 2. CASE NO: CELU20200008059-0000179 (TO BE HEARD 9:00am - 11:00am) OWNER: SEED TO TABLE LLC OFFICER: Eric Short VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05, Section (3)(1). Employees and patrons without proper face coverings inside the Seed to Table store. FOLIO NO: PROPERTY 4835 Immokalee RD, Naples, FL 34110 ADDRESS: 3. 4. 5. CASE NO: CEV20200006450 OWNER: Eduardo Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article 111, Section 130-97(3) and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Storage of commercial vehicles and equipment that is not concealed from view. Parking of vehicles on the grass. FOLIO NO: 22670640001 PROPERTY 4718 Alladin LN, Naples, FL 34112 ADDRESS: CASE NO: CEV20200007034 OWNER: Osvaldo Rodriguez Hernandez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Multiple vehicles parked on the grass, some of which are inoperable and/or unlicensed. FOLIO NO: 22620440002 PROPERTY 4520 Normandy DR, Naples, FL 34112 ADDRESS: CASE NO: CELU20200008731 OWNER: Darwin Lyon and Ramona Lyon OFFICER: Latoya Thompson 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, 54-179 and Chapter 130, Article III, Sections 130-95 and 130-97(1). Several inoperable vehicles, two white trailers. Unpermitted erected structure (tent). Litter/prohibited items throughout the property. FOLIO NO: 70721200009 PROPERTY 2983 Terrace Ave, Naples, FL 34104 ADDRESS: CASE NO: CEPM20190005225 OWNER: Jeffrey T Bishop OFFICER: Paula Guy VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). A damaged roof on the property, residential structure. FOLIO NO: 37168280007 PROPERTY 725 1" Street SW, Naples, FL 34117 ADDRESS: CASE NO: CEROW20200002142 OWNER: Leonora J Coleman OFFICER: Arthur Ford 10. 11 12. VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Light colored stones, larger rocks and plants installed in the culvert/right of way without permits, inspections and certificate of completion. FOLIO NO: 62426360003 PROPERTY 773 109' Ave N, Naples, FL 34108 ADDRESS: CASE NO: CEPM20190013463 OWNER: Dorothy K Gill OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Torn blue tarps over entirety of roof. FOLIO NO: 36455080005 PROPERTY 5009 31st Ave SW, Naples, FL 34116 ADDRESS: CASE NO: CENA20200009813 OWNER: Terry Dilozir OFFICER: Santo Nicita VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Grass and weeds on the property exceeding 36 inches in height. FOLIO NO: 36129040009 PROPERTY 4913 18' Ave SW, Naples, FL 34116 ADDRESS: CASE NO: CEAU20190003708 OWNER: Lamenais Joseph Jean and Erline Jean Gelin OFFICER: Thomas Pitura VIOLATIONS: Florida Building Code 6th Edition (2017), Section 105.1. Vinyl fencing erected without a permit. FOLIO NO: 77390003504 PROPERTY 13694 Legacy LN, Naples, FL 34114 ADDRESS: CASE NO: CEV20200007340 OWNER: Robert P Yardley and Louise L Yardley OFFICER: Viginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article 111, Section 130-95. Inoperable recreational vehicle with no license tag and a vehicle with an expired tag on this parcel. FOLIO NO: 60780600003 PROPERTY 5340 Myrtle LN, Naples, FL 34113 ADDRESS: CASE NO: CESD20200001427 OWNER: Diana Morquecho 13. 14. 15. 16. 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: CASE NO: CEV20200008939 OWNER: Eduardo Rodriguez and Maria L Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(3). Repeat violation of storage of commercial vehicles/equipment on residential property. FOLIO NO: 22670600009 PROPERTY 3600 Poplar Way, Naples, FL 34112 ADDRESS: CASE NO: CEPM20190011306 OWNER: Salvatore J Mannino and Jacqueline A Mannino OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof in disrepair with missing and/or defective roof tiles. FOLIO NO: 60580001323 PROPERTY 8114 Costa Brava CT, Naples, FL 34109 ADDRESS: CASE NO: CEPM20200001091 OWNER: Leonard R Kane OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Broken and/or missing roof tiles on single family dwelling unit. FOLIO NO: 80400003821 PROPERTY 3315 Cerrito CT, Naples, FL 34109 ADDRESS: CASE NO: CENA20200007691 OWNER: MARKET SUPPLY INTERNATIONAL INC OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-185(a) and Chapter 110, Article 11, Section 110-31(a). Weeds over 18 inches on the property and in the Collier County right of way. FOLIO NO: 246560003 PROPERTY 2137 J & C Blvd, Naples, FL 34109 ADDRESS: 17. 18. 19. 20. 21 CASE NO: CENA20200007694 OWNER: MARKET SUPPLY INTERNATIONAL INC OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a) and Chapter 110, Article II, Section 110-31(a). Weeds over 18 inches within the County right of way. FOLIO NO: 245640005 PROPERTY No Site Address, Naples, FL 34109 ADDRESS: CASE NO: CESD20200001176 OWNER: Harry A Romano and Liza Jeanne Romano OFFICER: William Shanahan 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). Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17. Unpermitted above ground pool with no barrier. FOLIO NO: 36451840003 PROPERTY 5072 28th PL SW, Naples, FL 34116 ADDRESS: CASE NO: CEAU20200005613 OWNER: Stanley J Ball and Nanette L Mosbach Ball OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 6th Edition (2017), Chapter 1, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Unmaintained fence. Fence installed without a required permit. FOLIO NO: 82537920008 PROPERTY 197 Mentor DR, Naples, FL 34110 ADDRESS: CASE NO: CENA20200009988 OWNER: Audrey I Applegate EST OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(a). Grass/weeds in excess of 18 inches. Litter consisting of, but not limited to, vegetative debris piled on the driveway. FOLIO NO: 23970880007 PROPERTY 1340 Monarch CIR, Naples, FL 34116 ADDRESS: CASE NO: CEPM20200010446 OWNER: Phyliss Westmoreland OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), 22-242, 22-231(12)(b), 22- 231(12)(c), 22-231(12)(i), 22-231(12)(n) and 22-231(9). Vacant unsecured mobile home with broken windows, exterior wall damage and roof damage with heavy vegetation surrounding the mobile home. There are two (2) accessory structures (sheds), a travel trailer and carport in deplorable conditions. The carport and travel trailer have electrical and septic connections that are damaged with wires exposed. FOLIO NO: 130160001 PROPERTY 409 Taylor ST, Immokalee, FL 34142 ADDRESS: 22• CASE NO: CEEX20200011408-DAS(THIS ITEM TO BE HEARD AT 2:00 pm) OWNER: Nicole Osborne OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the initial determination that the dog ("Seeka") is a "Dangerous Dog". FOLIO NO: PROPERTY 2274 Hawksridge Drive, Naples, FL 34105 ADDRESS: B. EMERGENCY CASES VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS CASE NO: CESD20190008879 OWNER: Peter A Atsales OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(13)(1)(e)(i). Replacing roof without first obtaining a valid Collier County permit. FOLIO NO: 60530006048 PROPERTY 743 Provincetown DR, Naples, FL 34104 ADDRESS: CASE NO: CEPM20190013727 OWNER: GAZANIA LLC OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof over the garage is dilapidated and caved in. FOLIO NO: 77212880009 PROPERTY 112 4' ST, Naples, FL 34113 ADDRESS: 3• CASE NO: CEPM20200006163 OWNER: SIERRA MEADOWS PROPERTY INC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(2)(a). Deep potholes in the road. FOLIO NO: 73620100029 PROPERTY 7010 Sierra Club CIR, Naples, FL 34113 ADDRESS: 4• 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 exceeding 18 inches in height throughout the property. FOLIO NO: 77410680001 PROPERTY 1000 Trail Terrace DR, Naples, FL 34103 ADDRESS: 5• CASE NO: CENA20190007406 OWNER: Terry Dilozir OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds in excess of 18 inches in height within 30 feet of the main structure on the property. FOLIO NO: 36129040009 PROPERTY 4913 18th Ave SW, Naples, FL 34116 ADDRESS: IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER • 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 4411 Rose Ave, Naples, FL 34112 ADDRESS: 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 SUBMITTEDEXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY, JANUARY 15, 2021 AT 9:00 A.M. XIII.ADJOURN November 6, 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 9:10 A.M. All those testifying at the proceeding did so under oath. II. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:27 a.m. Reconvened: 9:42 a.m. 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 case was moved to V.C – Motion for a Pre-Hearing Ruling • 1. CASE NO: CELU20200007709-CO02703 - SEED TO TABLE LLC • 2. CASE NO: CELU20200008059-CO00179 - SEED TO TABLE LLC Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations: • 4. CASE NO: CEV20200007034 - Osvaldo Rodriguez Hernandez Under Item VII.A – Hearings, the following cases were withdrawn: • 5. CASE NO: CELU20200008731 - Darwin Lyon and Ramona Lyon • 6. CASE NO: CEPM20190005225 - Jeffrey T Bishop • 7. CASE NO: CEROW20200002142 - Leonora J Coleman • 10 CASE NO: CEAU20190003708 - Lamenais Joseph Jean and Erline Jean Gelin • 12. CASE NO: CESD20200001427 - Diana Morquecho • 14. CASE NO: CEPM20190011306 - Salvatore J Mannino and Jacqueline A Mannino • 15. CASE NO: CEPM20200001091 - Leonard R Kane • 18. CASE NO: CESD20200001176 - Harry A Romano and Liza Jeanne Romano • 19. CASE NO: CEAU20200005613 - Stanley J Ball and Nanette L Mosbach Ball Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: • 2. CASE NO: CEPM20190013727 - GAZANIA LLC Special Magistrate Garretson approved the Agenda as modified IV. APPROVAL OF MINUTES The minutes of the October 2, 2020 hearing were reviewed by Special Magistrate Garretson and approved as submitted. November 6, 2020 3 V. MOTIONS A. MOTION FOR CONTINUANCE 1. 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) 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 requested the Continuance as he is in the process of finalizing the permits by obtaining approvals from the Homeowners Association. Supervisor Short represented the County and had no objection to the request. Special Magistrate Garretson GRANTED Mr. Cruz’s Motion for a Continuance until January 15, 2021. B. MOTION FOR EXTENSION OF TIME None C. MOTION FOR A PRE-HEARING RULING 1. CASE NO: CELU20200007709-CO02703 (TO BE HEARD 9:00 a.m. -11:00 a.m.) OWNER: SEED TO TABLE LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05, Section 3(1). Numerous customers and employees without required face masks. FOLIO NO: PROPERTY ADDRESS: 4835 Immokalee RD, Naples, FL 34110 Cases #1 and #2 were combined 2. CASE NO: CELU20200008059-CO00179 (TO BE HEARD 9:00 a.m. - 11:00 a.m.) OWNER: SEED TO TABLE LLC OFFICER: Eric Short VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05, Section (3)(1). Employees and patrons without proper face coverings inside the Seed to Table store. FOLIO NO: PROPERTY ADDRESS: 4835 Immokalee RD, Naples, FL 34110 Steve Bracci represented the Respondent arguing the Special Magistrate does not have jurisdiction in the case. He based the argument on several factors including: • The alleged incidents require enforcement of an Emergency/Executive Order, not a violation of a County Code or Ordinance. • The Special Magistrate, through its powers has jurisdiction over County Codes and Ordinances, not Emergency Orders. • The penalty for violating an Emergency Order is treated as is a misdemeanor and the Special Magistrate does not have the authority to impose penalties under this standard. November 6, 2020 4 • The State provides requirements for States of Emergency which may only be enacted for a duration of 7 days unless extended. • The current State of Emergency ended on March 23, 2020 and was not extended by the County and the Order in question was not adopted in this time frame. He included the following sources for his argument: • Collier County Code of Ordinances 2007-44 • F.S.A Section 162.08 • Emergency Order 2020-05 • F.S.A. Section 125.66(3) • F.S.A. Section 252.50 • Siegle vs. Lee County Colleen Greene, Assistant County Attorney represented the County arguing the Special Magistrate does have jurisdiction in the case based on: • The County declared a State of Emergency, which remains in place as long as the Emergency Order for the State of Florida exists. • The Order was enacted lawfully under F.S.A Section 252 and there has been no determination that the County’s Order is unlawful or invalid. • The Special Magistrate, under F.S.A. Section 162.08 does not have the authority to declare if an Ordinance or law is unlawful or invalid. • The alleged violation was issued under a lawfully adopted Order and the Code Enforcement Division conducted the investigation based on Board of County Commissioner direction. • Collier County Ordinance 38.65 states - All emergency orders and rules adopted by the County during a declared state of emergency shall have the full force and effect of law . Special Magistrate Garretson notified the parties for informational purposes, the County Ordinance regarding her duties was amended to include items in addition to County codes. Mr. Bracci noted his argument isn’t to overturn the Order, rather the Special Magistrate does not have jurisdiction in the case, as it is a misdemeanor. Only the Legislature can determine the enforcement mechanism and penalties under this case. Ms. Greene noted the BCC did consider the penalties when adopting the Order and the goal was to seek compliance or issue a fine, the enforcement was not intended to be a criminal prosecution. Special Magistrate Garretson took the case UNDER ADVISEMENT. VI. STIPULATIONS 4. CASE NO: CEV20200007034 OWNER: Osvaldo Rodriguez Hernandez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Multiple vehicles parked on the grass, some of which are inoperable and/or unlicensed. FOLIO NO: 22620440002 PROPERTY ADDRESS: 4520 Normandy DR, Naples, FL 34112 Officer Giguere requested the hearing. November 6, 2020 5 The Stipulation was entered into by Osvaldo Hernandez on November 6, 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 December 6, 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 November 13, 2020 or a fine of $50.00 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 November 13, 2020 or a fine of $50.00 per day will be imposed until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 VII. PUBLIC HEARINGS A. HEARINGS 3. CASE NO: CEV20200006450 OWNER: Eduardo Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(3) and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Storage of commercial vehicles and equipment that is not concealed from view. Parking of vehicles on the grass. FOLIO NO: 22670640001 PROPERTY ADDRESS: 4718 Alladin LN, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 10/9/20 Date of Hearing Notice Property/Courthouse Posting: 10/15/20 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 6/17/20 Exhibit 2: 1 photo dated 7/9/20 Exhibit 3: 1 photo dated 8/18/20 Exhibit 4: 1 photo dated 9/3/20 Exhibit 5: 1 photo dated 10/8/20 Composite Exhibit 6: 2 photos dated 11/3/20 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 December 6, 2020. 2. Pay a Civil Penalty of $250.00 for a repeat violation. November 6, 2020 6 3. Storing commercial vehicle/equipment in a completely enclosed structure, in the rear yard screened with vegetation and concealed from all views or remove offending vehicle(s)/equipment from residentially zoned property by November 13, 2020 or a fine of $100.00 per day will be imposed until the violation is abated. 4. 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 November 13, 2020 or a fine of $50.00 per day will be imposed until the violation is abated. 5. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. CASE NO: CEPM20200006163 OWNER: SIERRA MEADOWS PROPERTY INC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(2)(a). Deep potholes in the road. FOLIO NO: 73620100029 PROPERTY ADDRESS: 7010 Sierra Club CIR, Naples, FL 34113 Charles Cook, Property Manager represented the Respondent. He stated they did not receive the Notice of Violation as it was sent to a previous property owner’s address. Supervisor Mucha represented the County noting the violation has been abated but not in the allotted timeframe. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. Recessed: 11:00 a.m. Reconvened 11:25 a.m. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 8. CASE NO: CEPM20190013463 OWNER: Dorothy K Gill OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Torn blue tarps over entirety of roof. FOLIO NO: 36455080005 PROPERTY ADDRESS: 5009 31st Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 10/9/20 Date of Hearing Notice Property/Courthouse Posting: 10/8/20 November 6, 2020 7 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 11/13/19 Exhibit 2: 1 photo dated 6/25/20 Composite Exhibit 3: 2 photo dated 11/5/20 The violation remains as of 11/6/20. 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 December 6, 2020. 2. Obtain all required Collier County Building Permits or Demolition Permit, Inspections, and Certificate of Completion/Occupancy for the damaged/defective roof repair(s) or replacement by December 6, 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: $111.70 9. CASE NO: CENA20200009813 OWNER: Terry Dilozir OFFICER: Santo Nicita VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Grass and weeds on the property exceeding 36 inches in height. FOLIO NO: 36129040009 PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 10/12/20 Date of Hearing Notice Property/Courthouse Posting: 10/7/20 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Composite Exhibit 1: 2 photos dated 9/11/20 Composite Exhibit 2: 2 photos dated 11/5/20 The violation remains as of 11/6/20 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by December 6, 2020. 2. Pay a Civil Penalty of $250.00 for a repeat violation. 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 November 13, 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 November 6, 2020 8 County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 11. CASE NO: CEV20200007340 OWNER: Robert P Yardley and Louise L Yardley OFFICER: Viginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Inoperable recreational vehicle with no license tag and a vehicle with an expired tag on this parcel. FOLIO NO: 60780600003 PROPERTY ADDRESS: 5340 Myrtle LN, Naples, FL 34113 Date of Hearing Notice by Certified Mail: 10/9/20 Date of Hearing Notice Property/Courthouse Posting: 10/16/20 Investigator Giguere presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 11/13/19 Exhibit 2: 1 photo dated 6/25/20 Composite Exhibit 3: 2 photo dated 11/5/20 The violation remains as of 11/6/20. 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 December 6, 2020. 2. Obtain and affix a valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove vehicles to an area intended for such use by November 20, 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: $111.65 13. CASE NO: CEV20200008939 OWNER: Eduardo Rodriguez and Maria L Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130- 97(3). Repeat violation of storage of commercial vehicles/equipment on residential property. FOLIO NO: 22670600009 PROPERTY ADDRESS: 3600 Poplar Way, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 10/12/20 Date of Hearing Notice Property/Courthouse Posting: 10/15/20 Investigator Giguere presented the case. The Respondent was not present. November 6, 2020 9 Evidence entered: Exhibit 1: 1 photo dated 8/19/20 Exhibit 2: 1 photo dated 10/6/20 Composite Exhibit 3: 2 photos dated 10/15/20 Exhibit 4: 1 photo dated 11/5/20 The violation remains as of 11/6/20. 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 December 6, 2020. 2. Pay a Civil Penalty of $500.00. 3. Storing commercial vehicle(s)/equipment within a completely enclosed structure, in the rear yard screened with vegetation and concealed from all views or remove offending vehicles/equipment from residentially zoned property by November 13, 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: $111.65 16. CASE NO: CENA20200007691 OWNER: MARKET SUPPLY INTERNATIONAL INC OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54- 185(a) and Chapter 110, Article II, Section 110-31(a). Weeds over 18 inches on the property and in the Collier County right of way. FOLIO NO: 246560003 PROPERTY ADDRESS: 2137 J & C Blvd, Naples, FL 34109 Date of Hearing Notice by Certified Mail: 10/9/20 Date of Hearing Notice Property/Courthouse Posting: 10/9/20 Investigator Asaro presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 7/21/20 The violation remains as of 11/6/20 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 December 6, 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 November 13, 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 November 6, 2020 10 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: CENA20200007694 OWNER: MARKET SUPPLY INTERNATIONAL INC OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a) and Chapter 110, Article II, Section 110-31(a). Weeds over 18 inches within the County right-of-way. FOLIO NO: 245640005 PROPERTY ADDRESS: No Site Address, Naples, FL 34109 Date of Hearing Notice by Certified Mail: 10/9/20 Date of Hearing Notice Property/Courthouse Posting: 10/9/20 Investigator Asaro presented the case. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 7/21/20 The violation remains as of 11/6/20 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 December 6, 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 November 13, 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: CENA20200009988 OWNER: Audrey I Applegate EST OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-185(a). Grass/weeds in excess of 18 inches. Litter consisting of, but not limited to, vegetative debris piled in the driveway. FOLIO NO: 23970880007 PROPERTY ADDRESS: 1340 Monarch CIR, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 10/20/20 Date of Hearing Notice Property/Courthouse Posting: 10/23/20 Investigator Asaro presented the case noting the weeds in excess of 18 inches were abated by the County, however the litter remains as of 11/6/20. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 9/24/20 November 6, 2020 11 Exhibit 2: 1 photo dated 10/19/20 Composite Exhibit 3: 2 photos dated 10/23/20 Exhibit 4: 1 photo dated 11/5/20 Special Magistrate Garretson found the Respondent was in violation of the referenced Code/Ordinance (Section 54-185(a)) at the time a Notice of Violation was issued for the reoccurring violation of weeds in excess of 18 inches and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by December 6, 2020. 2. Remove all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store items in a completely enclosed structure by November 13, 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 21. CASE NO: CEPM20200010446 OWNER: Phyliss Westmoreland OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), 22-242, 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22- 231(12)(n) and 22-231(9). Vacant unsecured mobile home with broken windows, exterior wall damage and roof damage with heavy vegetation surrounding the mobile home. There are two (2) accessory structures (sheds), a travel trailer and carport in deplorable conditions. The carport and travel trailer have electrical and septic connections that are damaged with wires exposed. FOLIO NO: 130160001 PROPERTY ADDRESS: 409 Taylor ST, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: 10/22/20 Date of Hearing Notice Property/Courthouse Posting: 10/22/20 Investigator Connetta presented the case.. The Respondent was not present. Evidence entered: Exhibit 1: 1 photo dated 9/25/20 Exhibit 2: 1 photo dated 11/5/20 The violation remains as of 11/6/20. 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 December 6, 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 November 6, 2020 12 compliance with the requirements of the Collier County Property Maintenance Code by December 6, 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: $111.80 IX. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20190008879 OWNER: Peter A. Atsales OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Replacing roof without first obtaining a valid Collier County permit. FOLIO NO: 60530006048 PROPERTY ADDRESS: 743 Provincetown DR, Naples, FL 34104 Date of Hearing Notice by Certified Mail: 10/12/20 Date of Hearing Notice Property/Courthouse Posting: 10/8/20 The Respondents were not present. Officer Thompson presented the case noting the violation has not been abated. Special Magistrate Order Date: 2/7/20 Fine Amount: $100.00/day Duration: 213 days Total Fine Amount: $21,300.00 Unpaid Operational Costs: $223.50 Total to Date: $21,523.50 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 $21,523.50 with fines continuing to accrue. Said amount to become a lien on the property. 4. 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 exceeding 18 inches in height throughout the property. FOLIO NO: 77410680001 PROPERTY ADDRESS: 1000 Trail Terrace DR, Naples, FL 34103 Date of Hearing Notice by Certified Mail: 10/12/20 Date of Hearing Notice Property/Courthouse Posting: 10/12/20 November 6, 2020 13 The Respondents were not present. Supervisor Short presented the case noting the violation has been abated by the County. Abatement Costs: $250.00 Unpaid Operational Costs: $223.45 Total to Date: $473.45 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total amount due of $473.45. Said amount to become a lien on the property. 5. CASE NO: CENA20190007406 OWNER: Terry Dilozir OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds in excess of 18 inches in height within 30 feet of the main structure on the property. FOLIO NO: 36129040009 PROPERTY ADDRESS: 4913 18th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 10/14/20 Date of Hearing Notice Property/Courthouse Posting: 10/23/20 The Respondents were not present. Supervisor Perez presented the case noting the violation has been abated by the County. Fine Amount: $50.00/day Duration: 20 days Abatement Costs: $125.00 Total Fine Amount: $1,000.00 Unpaid Operational Costs: $223.40 Total to Date: $1,348.40 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 $1,348.40. Said amount to become a lien on the property. X. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER 1. 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 Staff reported there was a scrivener’s error in the Order and the amount of the fine needs to be amended from $182,000 to $30,750.00 November 6, 2020 14 Special Magistrate Garretson GRANTED the County’s Motion to Amend a Previously Issued Order. B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None XI. 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 SUBMITTED EXECUTIVE SUMMARY. XII. REPORTS None Recessed: 12:20 p.m. Reconvened: 2:00 p.m. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 22. CASE NO: CEEX20200011408-DAS (THIS ITEM TO BE HEARD AT 2:00 p.m.) OWNER: Nicole Osborne OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the initial determination that the dog (“Seka”) is a “Dangerous Dog.” FOLIO NO: PROPERTY ADDRESS: 2274 Hawksridge Drive, Naples, FL 34105 Jennifer Belpedio, Assistant County Attorney represented the County and reported the dog in question “Seka” has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property: Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. Tim Kizzire, Attorney for the Respondent requested the case be dismissed, as the Collier County Sheriff who responded to the call, and has knowledge of the incident, was not present. The investigating Officer for DAS was also not present for the case. Ms. Belpedio stated: November 6, 2020 15 • She would not be using any of Mr. Pounds report as evidentiary during the presentation of the case. • Mr. Pound was an after the fact witness who did not witness the attack. • The Investigating Officer could not be present for the hearing today, however, Marcy Perry, the DAS Officer who deemed Seka a “Dangerous Dog” was present and based her decision on a review of the record. • The victim, Nadine Nardi was present, and had filed and affidavit in the matter. Special Magistrate reported the Officer’s report may not be utilized in the case and allowed the hearing to go forward. Nadine Nardi testified: • On the date of the incident, late in the afternoon she returned home and proceeded to walk her dog, a 10lb Chihuahua. • She has recently moved into the neighborhood and had been previously warned to be wary of Ms. Osborne’s dog, as it attacked another person in the community. • When she left her driveway and got near Ms. Osborne’s home, she noticed children playing in the yard and 3 – 4 dogs running around circling the children. • The next thing she knew, she saw Seka come flying out of the yard, over the fence at her. • As quick as possible she yanked her dog up to her shoulder by the leash but Seka broadsided her and knocked her over. • Seka began attacking the dog, including shaking it in her mouth. • After attacking the dog, Seka began to attack her and she put her arm up to defend her neck and face area, however Seka latched onto her arm and bit it. • She yelled for help and no one came to assist. • She got to the ground to cover her head with her arms and the dog continued attacking her, biting her on the backside. • Eventually as the attack subdued, she was able to gather her injured dog and head home. • Seka continued to follow here circling her as she tried to get home. • Once home she continued onto her property and was able to get her dog into the house and requested her husband to call 911. • The police and ambulance arrived, and she was taken to the emergency room and received treatment for the attack. • She did file a sworn statement describing the incident. During questioning by Special Magistrate Garretson, she noted the dog came over the 4’ high fence to initiate the attack and she and her dog (Cloe) have recovered from their injuries. Evidence Entered: Composite Exhibit A: 8 photos depicting Ms. Nardi’s injuries During questioning by Mr. Kizzire, Ms. Nardi noted: • She is not aware of any physical limitations of Seka due to Hip Dysplasia. • She witnessed 3 - 4 dogs in the yard prior to the incident. • The dog came at her at a high rate of speed. • She is fearful of the dog as she had been warned by other residents in the neighborhood regarding its behavior. • When she observed the children in the yard, there was no aggressive behavior by the dogs while circling the kids. November 6, 2020 16 Ms. Osborne testified: • She obtained Seka on July 4 of 2018. • The dog is 3 – 4 years old and it interacts with children in the home without incident. • She does not consider the dog to be dangerous; it is a family dog. • Seka has never injured any member of the family, obeys commands, and is well trained. • Seka lives with 2 other dogs in the home. • She did not witness the attack, which would be atypical behavior for Seka. • Seka does have medical issues, including Hip Dysplasia. • She is relocating the dog to another home due to a requirement of the homeowner’s association. Respondent’s Exhibit A: Seka’s veterinary records Mr. Kizzire asserted the case is one of mistaken identity and Seka is not the perpetrator given her physical condition and Ms. Nardi is lying about Seka being the dog involved in the incident. During questioning by Ms. Belpedio, Ms. Osborne noted: • Seka is a white 92-pound short haired dog. • Seka was involved in another DAS case on 2/17/19, where she bit a resident in the community after getting out of the fenced area. Respondent’s Exhibit B: 1 photo of the dog Cloe Karen Hubbell stated she is at the Osborne residence frequently and has experienced no adverse incidents with the dog, who does hobble when she walks. Jolien Sullien reported Seka is an affectionate dog and well behaved. Astinee Mclean noted she house sits for the Osborne’s and Seka is great with kids, not aggressive with people she is not familiar with and does have physical ailments. During questioning by Ms. Belpedio, Ms. Nardi noted: • The dog that attacked her was a large, white, short haired dog with short legs. • She has seen Seka many times and is familiar with the dog. • The dog came out of Ms. Osborne’s yard to attack her. • There were other white dogs in the yard that looked identical. During questioning by Mr. Kizzire, Ms. Nardi noted she has relied on information provided by other residents to help identify the dog. Special Magistrate Garretson took the case UNDER ADVISEMENT. Following the hearing Ms. Osborne requested permission to relocate the dog to her sister’s home as required by the homeowner’s association (deadline of November 8, 2020). Ms. Perry noted there is a process to relocate a Dangerous Dog, including filing of an affidavit with the County. Special Magistrate Garretson GRANTED permission to relocate the dog. XIII. NEXT MEETING DATE – January 15, 2021 at 9:00 a.m. November 6, 2020 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 4:06 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Bre . Garretson, S al Magistrate The inutes were approved by the Special Magistrate on Jill t51 Hai , as presented '✓ , or as amended 17