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CESM Minutes 05/07/2021 May 7, 2021 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 7, 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: Michael Ossorio, Code Enforcement Director Jeff Letourneau, Manager of Inspectors Tiffany Campbell, Code Enforcement Elena Gonzalez, Code Enforcement Specialist May 7, 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 9:00 A.M. All those testifying at the proceeding did so under oath. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Break: 9:17 a.m. Reconvened: 9:40 a.m. II. APPROVAL OF AGENDA Ms. Gonzalez noted the following changes to the Agenda (listed below as Agenda item numbers): Under Item V.B – Hearings, the following cases were moved to V.A – Stipulations: Under Item V.B – Hearings, the following cases were withdrawn:  Item #1: CEEX20210002769; PR062609; Obilio J Cardozo Valera  Item #2: CEEX20210003053; PR062701; Shahid Anjum  Item #4: CELU20210000410; Rodny Dareus & Gerlen Previlon-Dareus  Item #5: CELU20210001526; Jose Jaramillo  Item #7: CEPM20210000776; Sondra Derosa  Item #8: CEAU20210011144; Harmony Shores MHP LLC  Item #9: CESD20200001176; Harry A Romano and Liza Jeanne Romano Under VI.A – Motion for Imposition of Fines, the following case was withdrawn:  Item #7: CEV20200011791; Alejandra Lynch Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the April 2, 2021 hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None V. STIPULATIONS May 7, 2021 3 None VI. PUBLIC HEARINGS A. HEARINGS 3. CASE NO: CEEX20210003143-PU5495 OWNER: TAYLOR MORRISON OF FLORIDA, INC. OFFICER: Jeremy Florin VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(N). South Florida Plumbing has a black water hose connected to the Collier County curb stop. Unlawful connection to the Collier County water line. FOLIO NO: 23896805302 PROPERTY ADDRESS: 15344 Motta Way, Naples, FL 34114 Officer Florin requested the hearing. The Stipulation was entered into by the Respondent’s representative Bob Summers, II on May 6, 2021. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of the case. 2. Pay an Administrative Fee of $5.00. 3. Pay a Civil Penalty of $15,000.00 for a total amount due of $15,055.00 payable before June 7, 2021. 6. CASE NO: CELU20210001732 OWNER: Saint Louis Moise OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181. Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter/outside storage in the front and on the side yard consisting of, but not limited to, buckets, trash, household items, weights and an inoperable jet ski. FOLIO NO: 67491080009 PROPERTY ADDRESS: 4415 & 4413 Thomasson LN, Naples, FL 34112 Mr. Moise was present. Officer Giguere represented the County. Evidence Entered: Composite Exhibit A: 2 photos dated 3/5/21 Composite Exhibit B: 4 photos dated 5/6/21 She testified the violation was identified by County contractors who were attempting to mow the rear lawn but the access was blocked by debris as identified in the complaint. The violation remains as of today. Mr. Moise testified he has had health issues hindering from removing the debris but now can abate the violation. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was ordered to: May 7, 2021 4 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by August 7, 2021. 2. Remove all unauthorized accumulation of litter and all other items not permitted for outside to storage to a site designated for such use or store items within a completely enclosed structure by May 14, 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: $111.70 VII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CENA20200011330 OWNER: Saint Louis Moise OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds/grass on the property exceeding 18 inches in height. FOLIO NO: 67491080009 PROPERTY ADDRESS: 4413 and 4415 Thomasson LN, Naples, FL 34112 Mr. Moise was present Officer Giguere presented the case. Special Magistrate Order: No. 5888 Page: 2141 Fine Amount: $50.00/day Duration: 150 days Total Fine Amount: $5,250.00 Unpaid Operational Costs: $223.50 Unpaid Abatement Costs: $125.00 Total to Date: $5,598.50 Mr. Moise reported he had health issues which contributed to his inability to abate the violation but may resolve the issue if given time. Special Magistrate took the case UNDER ADVISEMENT and allowed Mr. Moise until May 14, 2021 to abate the violation. VI. PUBLIC HEARINGS (Continued) A. HEARINGS 10. CASE NO: CENA20210001936 OWNER: Tod Farrington and Jennifer Farrington OFFICER: Larry Sweet VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54- 181 and 54-185(a). Collier County Land Development Code 04-41, as amended, Section 2.02.03. Weeds over 18 inches in height and repeat violation of litter/outside storage. May 7, 2021 5 FOLIO NO: 1134000001 PROPERTY ADDRESS: 220 Old Train LN, Copeland, FL 34137 Tod and Jennifer Farrington were present. Officer Sweet represented the County and testified:  The case was brought to light via a Collier County Sheriff’s Office complaint.  He met with the Farrington’s who requested a couple of weeks to abate the violation however it remains as of today.  There was a similar violation for the property in 2018 which was abated and the case file was closed. Evidence Entered: Composite Exhibit A: 4 photos dated 2/25/21 Composite Exhibit B: 3 photos dated 3/11/21 Composite Exhibit C: 2 photos dated 4/15/21 Composite Exhibit D: 8 photos dated 5/6/21 Mr. Farrington reported he had health and financial issues but is now in the position to abate the violation as the vehicles on site are registered which will facilitate addressing the issues. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by November 7, 2021. 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 within a completely enclosed structure by May 27, 2021 or a fine of $100.00 per day will be imposed until the violation has been abated thereafter. 3. Mowing or cause to be mowed all weeds, grass, or other similar non-protected overgrowth in excess of eighteen (18) inches in height down to a height of less than six (6) inches on subject property by May 27, 2021 or a fine of $100.00 will be imposed for each day the violation continues. 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 VIII. NEW BUSINESS (Continued) B. MOTION FOR IMPOSITION OF FINES AND LIENS 5. 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 May 7, 2021 6 Mr. Mendez was present. Officer Guy presented the case. Fine Amount: $100.00/day Duration: 186 days Total Fine Amount: $18,600.00 Unpaid Operational Costs: $111.80 Total to Date: $18,711.80 Mr. Mendez reported he is in the process of abating the violation, obtained the Right-of-Way permit for the work and the concrete will be poured next week. The work needs to be completed in phases due to access issues. Manager Letourneau reported the property has been the subject of a foreclosure/bankruptcy case and been an ongoing issue for a long time with numerous complaints filed by neighbors. Mr. Mendez reported one issue which remains is finalizing the release of the bankruptcy case. A discussion occurred between Special Magistrate Garretson, Code Enforcement Officials and Mr. Mendez on the status of Mr. Mendez’s bankruptcy case and it’s relation to the property to determine who currently controls the site. Special Magistrate Garretson, after a review of a copy of Mr. Mendez’s bankruptcy order provided by Code Enforcement Supervisor Christina Perez determined the bankruptcy has not been discharged and she does not have jurisdiction in the Code Enforcement matter and CONTINUED the case. Manager Letourneau withdrew the case. 6. 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. Weeds/grass exceeding 18 inches in height within 30 feet of the main structure. FOLIO NO: 37987760009 PROPERTY ADDRESS: 3610 White BLVD, Naples, FL 34117 This case was withdrawn with Case # 5 heard above. 8. CASE NO: CENA20180012429 OWNER: Angelo Lucarelli and Gail Lucarelli OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(d). The accumulation of exotics on unimproved property creating a public nuisance as defined by ordinance. FOLIO NO: 00163080006 May 7, 2021 7 PROPERTY ADDRESS: No Site Address, Naples, FL 34110 Domenic Lucarelli, the Respondent’s son represented the Lucarelli’s. Supervisor Short presented the case. Special Magistrate Order: No. 5667 Page: 2088 Fine Amount: Part C2: $100.00/day; Part C3: $200.00/day Duration: Part C2: 309 days; Part C3: 125/days Total Fine Amount: $55,900.00 Unpaid Operational Costs: $111.85 Total to Date: $56,011.85 Mr. Lucarelli reported one price quote has been obtained for the work in the amount of $60,000 and wishes to obtain 2 more proposals. His parents recently re-mortgaged a property to obtain the funds to complete the work and he requested additional 6 months to abate the violation. Supervisor Short had no objection if the extension was for a period of 90 days. Special Magistrate Garretson CONTINUED the case until August 6, 2021. 9. CASE NO: CEV20200010991 OWNER: Patrice M Mobley OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. An inoperable vehicle is parked on the driveway of this residential property. FOLIO NO: 77213480000 PROPERTY ADDRESS: 157 4th ST, Naples, FL 34113 Officer Johnson reported the violation was abated however Ms. Mobley did not notify Code Enforcement Officials so fines accrued in the amount of $900.00 and the Operational Costs for the today’s hearing are $111.75 for a total amount due of $1,011.75. Ms. Mobley was present and stated she didn’t realize she needed to notify the County when the violation was abated. Special Magistrate Garretson DENIED the County’s Motion. 2. 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 ADDRESS: 112 4th ST, Naples, FL 34113 Martin Ndungu rep of Gazania, LLC was present. Officer Giguere presented the case. Special Magistrate Order: No. 5746 Page: 3602 Fine Amount: $100.00/day Duration: 243 days Total Fine Amount: $24,300.00 Unpaid Operational Costs: $111.80 May 7, 2021 8 Total to Date: $24,411.80 Mr. Ndungu testified:  That he acquired the property with the violation and is in the process of abating it.  The permit applications have been submitted and reviewed by the County with corrections requested.  The revised plans have been re-submitted to the County and he has the funds and contactors in place to abate the violation upon issuance of the permits. Manager Letourneau confirmed the property was aquired by the LLC with the violation in place and had no objection to a 6 month continuance. Special Magistrate Garretson CONTINUED the case until November 5, 2021. Recessed: 11:45 a.m. Reconvened: 12:01 p.m. VI. PUBLIC HEARINGS (Continued) A. HEARINGS 11. CASE NO: CEA20210003472 OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara, Rodriguez and Sergio Canu Duenas OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.03.02(B)(1)(d). Multiple fowl (chickens and/or rooster) being kept on the property. FOLIO NO: 60782760006 PROPERTY ADDRESS: 5308 Cypress LN, Naples, FL 34113 Date of Hearing Notice by Certified Mail: 4/23/21 Date of Hearing Notice Property/Courthouse Posting: 4/23/21 The Respondents were not present. Officer Giguere presented the case. Evidence Entered: Exhibit A: 1 photo dated 4/13/21 She testified the violation is re-occurring in nature and the Respondents notified her they would remove the fowl, and did so, however the animals were returned to the site at a later date. Special Magistrate Garretson, finding the Hearing Notice was properly served found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by June 7, 2021. 2. Remove all prohibited animals from residentially zoned property by May 14, 2021 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. May 7, 2021 9 Total Amount Due: $111.65 B. EMERGENCY CASES None VII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. CASE NO: CENA20190010709 OWNER: Phyliss Westmoreland OFFICER: Maria Rodriguez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-185(a) and 54-179. Collier County Land Development Code 04- 41, as amended, Section 2.02.03. Weeds exceeding 18 inches in height and litter/outside storage consisting of paper, cans, dilapidated travel trailer and tires on improved property. FOLIO NO: 00130160001 PROPERTY ADDRESS: 409 Taylor ST, Immokalee, FL 34142 The Respondent was not present. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/12/21 Officer Connetta presented the case noting the violation has been abated but not in the prescribed time frame. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/12/21 The Respondents were not present. Fine Amount: $100.00/day Duration: 252 days Total Fine Amount: $25,200.00 Unpaid Operational Costs: $223.50 Total to Date: $25,423.50 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 $25,423.50. Said amount to become a lien on the property. 4. CASE NO: CEPM20200010446 OWNER: Phyliss Westmoreland OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-242, 22-231(9), 22-231(12)(b), 22-231(12)(c), 22- 231(12)(i) and 22-231(n). 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), May 7, 2021 10 a travel trailer and a carport in deplorable conditions. The carport and travel trailer have electrical and septic connections that are damaged and have exposed wires. FOLIO NO: 130160001 PROPERTY ADDRESS: 409 Taylor ST, Immokalee, FL 34142 The Respondent was not present. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/9/21 Officer Connetta presented the case testifying the violation was abated by the County. Fine Amount: $250.00/day Duration: 108 days Total Fine Amount: $27,000.00 Unpaid Operational Costs: $223.65 Unpaid Abatement Costs: $6,834.00 Total to Date: $34,057.65 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 $34,057.65. Said amount to become a lien on the property. 11. 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 or damaged roof tiles. FOLIO NO: 60580001323 PROPERTY ADDRESS: 8114 Costa Brava CT, Naples, FL 34109 The Respondents were not present. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/9/21 Officer Connetta reported the violation was abated but not in the prescribed time frame accruing fines and costs in the amount of $2,411.75. Special Magistrate Garretson DENIED the County’s Motion. 12. CASE NO: CEPM20190001908 OWNER: Terroncia Fryson Simon OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b) and 22-231(12)(i). Mobile home with boarded windows and surface mold on exterior walls. FOLIO NO: 120680009 PROPERTY ADDRESS: 308 Weeks TER, Immokalee, FL 34142 The Respondent was not present. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/9/21 May 7, 2021 11 Officer Connetta reported the violation was abated and the Operational Costs paid. Special Magistrate Garretson DENIED the County’s Motion. 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). An unmaintained private swimming pool with green water. FOLIO NO: 22540000548 PROPERTY ADDRESS: 1130 Augusta Falls WAY, Naples, FL 34119 The Respondent was not present. Date of Hearing Notice by Certified Mail: 4/13/21 Date of Hearing Notice Property/Courthouse Posting: 4/13/21 Supervisor Perez presented the case testifying the violation was abated, however the Operational Cost were not paid communication with the Respondent was problematic. Fine Amount: $250.00/day Duration: 1 day Total Fine Amount: $250.00 Unpaid Operational Costs: $223.50 Total to Date: $473.50 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 $473.50. Said amount to become a lien on the property. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 12. CASE NO: CEEX20210003722-DASV21-009110 (THIS ITEM TO BE HEARD AT NOON) OWNER: Sileika Nunez Gasca OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(1). Failure to provide current Collier County License (“Peanut”); fourth offense. FOLIO NO: PROPERTY ADDRESS: 3410 70TH AVE NE, Naples, FL 34120 Cases 12 and 13 were combined. 13. CASE NO: CEEX20210003725-DASV21-009111 (THIS ITEM TO BE HEARD AT NOON) OWNER: Sileika Nunez Gasca OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to provide current rabies vaccination (“Peanut”); fourth offense. FOLIO NO: PROPERTY ADDRESS: 3410 70TH AVE NE, Naples, FL 34120 Ms. Gasca was present. May 7, 2021 12 Officer Perry represented the County testifying the case involves the dog “Peanut” who does not have the proper vaccinations or licenses. It is a 4th offense with a mandatory appearance before the Special Magistrate required. Ms. Gasca testified:  That she was tending to animals at a location; the owner was not present and incarcerated due to an immigration issue.  She no longer has control of “Peanut” and turned the dog over to a new owner.  She did not inform the new owner of the dog not having the proper licenses and vaccinations.  While she was caring for the dog, it did run at large as no one was present at the home and there was a broken door. Officer Perry reported Domestic Animal Service Officers have responded to complaints at the premise 43 times in 2021 and recommended a fine of $500.00 be imposed for each case plus court costs. Special Magistrate Garretson ordered the Respondent to pay a Fine of $500.00, Operational Cost of $50.00 and an Administrative Fee of $5.00 for each case for a total amount due of $1,120.00. She notified Ms. Gasca if she provides documentation of proper licensing and vaccinations to Domestic Animal Services by May 21, 2021 for “Peanut,” the Fines will be waived. VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None IX. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. None 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 – JUNE 4, 2021 at 9:00 a.m. May 7, 2021 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:45 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING OOP 141 & C.çzznda C. Garretspe ial Magistrate g The mutes were approved by the Special Magistrate on JUbt 4 , A)a I • as presented , or as amended 13