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CESM Minutes 04/02/2021 April 2, 2021 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 2, 2021 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: Jeff Letourneau, Manager of Inspectors Helen Buchillon, Administrative Secretary Elena Gonzalez, Code Enforcement Specialist April 2, 2021 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 9:04 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. APPROVAL OF AGENDA Ms. Gonzalez noted the following changes to the Agenda (listed below as Agenda item numbers): Under Item V.C - Motion for Rehearing, the following cases were withdrawn: 1. CASE NO: CELU20200007709-CO02703, CELU20200008059-CO00179 - Seed to Table LLC Under Item V.B – Hearings, the following cases were moved to Item V.A – Stipulations : 6. CASE NO: CEV20210000837 - Robert A Espinoza Martinez 14. CASE NO: CEV20210000838 - Nicolas Bernal-Rios 11. CASE NO: CENA20200011219 - Camilo Rodriguez 16. CASE NO: CEN20210002604 - NAPLES 2.0 LLC, CELEBRATION PARK LLC 4. CASE NO: CESD20200011678 - HUNTINGTON LAKES RESIDENTS ASSOCIATION INC Under Item V.B – Hearings, the following cases were withdrawn: 2. CASE NO: CEEX20200012780-PR061980 - Evelyn T Anthony 3. CASE NO: CEEX20210001897-PR062153 – William Chew 5. CASE NO: CENA20200007292 - Carla Sage 7. CASE NO: CEV20200012234 - Jean W Louis 8. CASE NO: CEPM20210000243 - Sarah Kathryn B Rowe 10. CASE NO: CEV20200013114 - Christopher Rothermel and Donna Rothermel 12. CASE NO: CEAU20200005905 - William Bayes 13. CASE NO: CELU20210000147 - Maddox & Partners LLC, Espen Schiefloe 15. CASE NO: CESD20200010021 - Daniela Rangel 17. CASE NO: CEPM20210000461 - Cheryl Lynn Wolff Revocable Trust 18. CASE NO: CEA20200012843 - Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez, and Sergio Canu Duenas Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the March 5, 2021 hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. MOTION FOR CONTINUANCE April 2, 2021 3 None B. MOTION FOR EXTENSION OF TIME None V. STIPULATIONS 6. CASE NO: CEV20210000837 OWNER: Robert A Espinoza Martinez OFFICER: Saylys Coutin VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Vehicles parked on the grass. FOLIO NO: 36516520006 PROPERTY ADDRESS: 4100 29th PL SW, Naples, FL 34116 Officer Coutin requested the hearing noting the violation has been abated however there are Operational Costs associated with the case and additionally requested a finding be made the Respondent was in violation at the time the notice was served. The Stipulation was entered into by Robert Martinez on March 30, 2021. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation at the time the Notice of Violation was issued and ordered him to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by May 2, 2021. Total Amount Due: $111.70 14. CASE NO: CEV20210000838 OWNER: Nicolas Bernal-Rios OFFICER: Saylys Coutin VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Boat parked in the front yard. FOLIO NO: 36518160008 PROPERTY ADDRESS: 4225 29th PL SW, Naples, FL 34116 Officer Coutin requested the hearing noting the violation has been abated however there are Operational Costs associated with the case and additionally requested a finding be made the Respondent was in violation at the time the notice was served. The Stipulation was entered into by Nicolas Bernal-Rios on March 30, 2021. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation at the time the Notice of Violation was issued and ordered him to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by May 2, 2021. Total Amount Due: $111.70 11. CASE NO: CENA20200011219 OWNER: Camilo Rodriguez OFFICER: Bradley Holmes April 2, 2021 4 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. A large accumulation of litter and/or prohibited outdoor storage including, but not limited to, tires, lumber, ladders, buckets, windows/glass, pipe(s) and metal. FOLIO NO: 35754640008 PROPERTY ADDRESS: 4364 20th AVE SW, Naples, Fl 34116 Officer Holmes requested the hearing. The Stipulation was entered into by the Camilo Rodriquez on April 1, 2021. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by May 2, 2021. 2. Pay a Civil Penalty in the amount of $250.00 for a repeat violation. 3. Abate the violation by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store items within a completely enclosed structure by April 16, 2021 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $361.70 16. CASE NO: CEN20210002604 OWNER: NAPLES 2.0 LLC, CELEBRATION PARK LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54- 92(b)(1). Conducted a noise reading, with the use of a calibrated Sound Level Meter, and the allowable Sound Level Limit was exceeded on improved occupied commercial property. FOLIO NO: 29830040004 PROPERTY ADDRESS: 2880 Becca AVE, Naples, FL 34112 Officer Lopez-Silvero requested the hearing noting the violation has been abated however there are Operational Costs associated with the case and additionally requested a finding be made the Respondent was in violation at the time the notice was served. The Stipulation was entered into by the Respondent’s representative Rebecca Maddux on April 1, 2021. 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 May 2, 2021. April 2, 2021 5 2. Comply with the decibel sound limits in accordance with sound levels and time constraints pursuant to Table 1 of Collier County Code of Laws, 54-92(b)(1) for all future amplified sound events. 3. 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 4. CASE NO: CESD20200011678 OWNER: HUNTINGTON LAKES RESIDENTS ASSOCIATION INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and (B)(1)(e)(i). New sheds installed on the property with no Collier County permits obtained. FOLIO NO: 51075000974 PROPERTY ADDRESS: 2404 Oakes BLVD, Naples, FL 34119 Officer Pulse requested the hearing. The Stipulation was entered into by the Respondent’s Representative William Deconti on April 2, 2021. Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by May 2, 2021. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion for the unpermitted sheds by October 2, 2021 or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 VI. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20210002386-PR061362 OWNER: Gabriella Williams OFFICER: Park Ranger Carol Buckler VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66. Vehicles with trailer parking only as posted. FOLIO NO: PROPERTY ADDRESS: Goodland Boat Ramp, Marco Island, FL 34140 Gabriella Williams was present and testified: April 2, 2021 6  On February 5, 2021, she arrived at the boat ramp parking area at 10:00am for a 10:30am boat tour departure.  Upon arriving, the parking lot was full, with the only spaces available marked as “trailer parking only.”  She inquired with the captain of the boat who informed her she could park in those spaces.  She parked in the space and upon return from the tour at approximately 2:30pm she found the Citation placed on her vehicle.  She voiced concern there was no other available parking and she was directed to park in the area by the operators of the tour which left her with an assurance there shouldn’t be any issues.  Additionally, the captain had parked in a space reserved for handicapped individuals and others parked in the area designated for “trailer parking.”  She expressed concern the restriction was not applied consistently by the officer given others in the parking lot who parked in violation and were not issued a Citation.  The signage did not cite any ordinance or penalty for vehicles found parking in the spaces and she assumed there was not a strict enforcement of parking in the area.  She read a text into the record which she sent to the owner of the business who did provide a $30 credit for a future excursion and reported she would discuss the matter with the boat manager.  She also entered 2 photos into the record related to the event. Ranger Buckler entered the following evidence: Composite Exhibit A: 2 photos dated 2/5/21 She reported:  She observed the vehicle parked in a space reserved for trailers and issued a total of 5 citations for vehicles improperly parked on the site during the incident.  She did not observe any vehicles parked unlawfully in a space reserved for handicapped individuals.  There is signage at the location notifying those they are not allowed to park in these spaces and County code does outline the penalties for violating the Ordinance. Special Magistrate Garretson took the case UNDER ADVISEMENT and noted the parties will be notified of the decision via the US mail. 9. CASE NO: CENA20200006558 OWNER: Garland Campbell and Paul Saunders OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-185(a) and Collier County Land Development Code 04- 41, as amended, Section 2.02.03. Weeds/grass in excess of 18 inches throughout the property. Litter and/or prohibited outdoor storage including, but not limited to, lumber, indoor furniture, and a plastic container. FOLIO NO: 35741240000 PROPERTY ADDRESS: 4572 22nd PL SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 3/18/21 Date of Hearing Notice Property/Courthouse Posting: 3/16/21 Officer Holmes presented the case. April 2, 2021 7 The Respondents were not present. Evidence entered: Exhibit 1: 1 photo dated 6/18/20 Composite Exhibit 2: 6 photos dated 10/6/20 Composite Exhibit 3: 4 photos dated 4/1/21 The violation remains as of April 2, 2021. Finding the Notice of Hearing was properly served, the Special Magistrate found the Respondent GUILTY of the alleged violation and ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of the case by May 2, 2021. 2. Abate the violation by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store items within a completely enclosed structure by April 9, 2021 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 3. Abate all violations by mowing all weeds, grass or similar non protective overgrowth in excess of 18 inches to a height of no more than 6 inches by April 9, 2021 or pay a fine of $100.00 a day that the violation remains unabated thereafter. 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 B. EMERGENCY CASES None VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CEPM20200005469 OWNER: Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD 09/10/04 OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22- 231(12)(p) and 22-242. Single family dwelling in deplorable conditions, unsecured, with broken windows, roof damage, exterior and interior wall damage, graffiti and other general maintenance issues. FOLIO NO: 37985080008 PROPERTY ADDRESS: 3481 11th AVE SW, Naples, FL 34117 The Respondents were not present but acknowledged the receipt of a hearing notice via a letter submitted stating the violation has been abated and requesting the fines not be imposed. April 2, 2021 8 Supervisor Ambach presented the case noting the violation has been abated and the Operational Costs paid. He had no objection to the Respondent’s request. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. 2. 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, 54-185(b) and Collier County Land Development Code 04- 41, as amended, Section 2.02.03. Overgrowth of vegetation and weeds exceeding 18 inches in height within 30 feet of a residential structure on improved estates zoned property. Outside storage of an accumulation of litter, 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 The Respondents were not present but acknowledged the receipt of a hearing notice via aletter submitted stating the violation has been abated and requesting the fines not be imposed. Supervisor Mucha presented the case noting the violation has been abated and the Operational Costs paid. He had no objection to the Respondent’s request. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. 3. CASE NO: CEAU20190002975 OWNER: Elmer Morejon Alvarez and Madelaine Almanza Borroto OFFICER: Joseph Mucha 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 The Respondents were not present but acknowledged the receipt of a hearing notice via a letter submitted stating the violation has been abated and requesting the fines not be imposed. Supervisor Perez presented the case noting the violation has been abated and the Operational Costs paid. She had no objection to the Respondent’s request. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines. VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None April 2, 2021 IX. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's Request. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's Request. X. REPORTS None XI. NEXT MEETING DATE—May 7, 2021 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 11:15 A.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ends C. ar , pecial Magistrate The inutes were approved by the Special Magistrate on c a/a( , as presented , "�or as amended t 9