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CESM Minutes 06/04/2021 June 4, 2021 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 4, 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 Administrat ive 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 Direct or Jeff Letourneau, Manager of Inspectors Helen Buchillon, Administrative Secretary Elena Gonzalez, 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 June 04, 2021 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MA GISTRATE 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: CEEX20210005078-F185958 OWNER: William F Mares and Audrey M Mares OFFICER: Deputy Joyce Erickson VIOLATIONS: Collier County Ordinance No. 2019-04. Excessive false alarms; residential. FOLIO NO: 37994560001 PROPERTY 3891 11th AVE SW, Naples, FL 34117 ADDRESS: 2. CASE NO: CEEX20210005081-R185958 OWNER: William F Mares and Audrey M Mares OFFICER: Deputy Joyce Erickson VIOLATIONS: Collier County Ordinance No. 2019-04. Registration violation; residential. FOLIO NO: 37994560001 PROPERTY 3891 11th AVE SW, Naples, FL 34117 ADDRESS: 3. CASE NO: CEEX20210004820-PU6228 OWNER: D R HORTON INC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article III, Section 134-62, Utilities Standard Manual, Section 1.9. Illegal tampering of RPZ/Backflow, as entire backflow assembly was pulled down to the ground from up-right position and back-leg pulled up to illegally connect water valve with hose connected going to bucket. Repeat violation. Health, safety and welfare issue. FOLIO NO: 59953002465 PROPERTY 15083 Wildflower CIR, Naples, FL 34119 ADDRESS: 4. CASE NO: CEEX20210004817-PU6229 OWNER: D R HORTON INC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(N). Unlawful connection prohibited. PVC pipe contraption illegally connected; directly connected to County potable water curb stop without meter or backflow assembly installed. Repeat violation. Health, safety and welfare issue. FOLIO NO: 59953003668 PROPERTY 15112 Wildflower CIR, Naples, FL 34119 ADDRESS: 5. CASE NO: CEV20210002537 OWNER: Theodore A Loyer OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 30, Article III, Section 130-95. Vehicle parked on the property with an expired registration (11/2015). FOLIO NO: 40473840006 PROPERTY 4150 10th Ave NE, Naples, FL 34120 ADDRESS: 6. CASE NO: CEPM20210002539 OWNER: Theodore A Loyer OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(n), 22-231(12)(i) and 22-242. Unsecured vacant dwelling with broken windows and a damaged chain link fence that runs along the left side of the property. FOLIO NO: 40473840006 PROPERTY 4150 10th Ave NE, Naples, FL 34120 ADDRESS: 7. CASE NO: CENA20210002546 OWNER: Theodore A Loyer OFFICER: John Connetta 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. Weeds in excess of 18 inches in height on estates zoned property. Also, litter consisting of, but not limited to, metal containers, metal pipes, old a/c unit, plastic containers and trash stored on the property. FOLIO NO: 40473840006 PROPERTY 4150 10th Ave NE, Naples, FL 34120 ADDRESS: 8. CASE NO: CEV20210003349 OWNER: Agatha Wenting and Guillermo Cabada OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Vehicle with expired license plate. FOLIO NO: 68046600008 PROPERTY 3423 Dorado WAY, Naples, FL 34105 ADDRESS: 9. CASE NO: CENA20210001485 OWNER: Richard J Liedke OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Litter/outside storage consisting of, but not limited to, plastic bins, tools, cardboard box, plastic pieces, scrub pads, trash cans, step ladder, extension wires, plastic crate, a black tarp and other miscellaneous items. FOLIO NO: 54300200006 PROPERTY 4676 Lakewood BLVD, Naples, FL 34112 ADDRESS: 10. 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). The 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: 11. CASE NO: CENA20200013233 OWNER: Recinda Hinds OFFICER: Larry Sweet VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Litter on site including, but not limited to, the remnants of a mobile home. FOLIO NO: 109280006 PROPERTY 1500 Daffodil CT, Naples, FL 34120 ADDRESS: 12. CASE NO: CELU20200013266 OWNER: Recinda Hinds OFFICER: Larry Sweet VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 1.04.01(A). Prohibited storage and use of items and debris on site without having an approved primary/principal structure. Items and debris including, but not limited to, two RV’s, generators, utility trailer, wood, metal, rugs, furniture, fuel cans, cardboard, plastic sheets and buckets. FOLIO NO: 109280006 PROPERTY 1500 Daffodil CT, Naples, FL 34120 ADDRESS: 13. CASE NO: CELU20210004083 OWNER: Alejandra Lynch OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Outside storage/litter consisting of but not limited to, mattresses, closet doors, metals, screens, and box spring. Repeat violation. FOLIO NO: 62260040000 PROPERTY 5330 Broward ST, Naples, FL 34113 ADDRESS: 14. CASE NO: CEV20210002991 OWNER: Yoelvis Ruiz Escobar OFFICER: Saylys Coutin VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Vehicles parked on the grass. Reoccurring violation. FOLIO NO: 35690440003 PROPERTY 4226 25th AVE SW, Naples, FL 34116 ADDRESS: 15. CASE NO: CEV20210004694 OWNER: Barbara J Jackson OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Two boats on trailers parked in the front yard. FOLIO NO: 24983280004 PROPERTY 1840 Harbor PL, Naples, FL 34104 ADDRESS: 16. CASE NO: CEEX20210005232-DASV21-009433 (THIS ITEM TO BE HEARD AT NOON) OWNER: Jairo Perez OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Article II, Section 14-35(1)(B). Dog (“Lucy”) running at large on neighboring properties; fourth offense. FOLIO NO: PROPERTY 4585 22nd ST 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: 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 3610 White Blvd, Naples, FL 34117 ADDRESS: 2. 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: 3. 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 4413 and 4415 Thomasson LN, Naples, FL 34112 ADDRESS: 4. CASE NO: CEV20200011791 OWNER: Alejandra Lynch OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(5). A commercial container and trailer being stored on a residentially zoned property. FOLIO NO: 62260040000 PROPERTY 5330 Broward ST, Naples, FL 34113 ADDRESS: 5. CASE NO: CEPM20200000248 OWNER: Diana Estrada ET AL OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Vacant mobile home with blue tarp in disrepair along with downed trees and tree limbs on the property. FOLIO NO: 66220280000 PROPERTY 419 15th ST SE, Immokalee, FL 34142 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 JULY 2, 2021 AT 9:00 A.M. XIII. ADJOURN June 4, 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 9:10 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 VII.A – Hearings, the following cases were moved to V.C – Motion for Continuance: • 13. CASE NO: CELU20210004083 - Alejandra Lynch Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations: • 14. CASE NO: CEV20210002991 - Yoelvis Ruiz Escobar • 6. CASE NO: CEPM20210002539 - Theodore A Loyer • 7. CASE NO: CENA20210002546 - Theodore A Loyer • 3. CASE NO: CEEX20210004820- PU6228 - DR HORTON INC • 4. CASE NO: CEEX20210004817- PU6229 - DR HORTON INC Under Item VII.A– Hearings, the following cases were withdrawn: • 1. CASE NO: CEEX20210005078 - F185958 - William F Mares and Audrey M Mares • 2. CASE NO: CEEX20210005081- R185958 - William F Mares and Audrey M Mares • 5. CASE NO: CEV20210002537 - Theodore A Loyer • 8. CASE NO: CEV20210003349 - Agatha Wenting and Guillermo Cabada • 11. CASE NO: CENA20200013233 - Recinda Hinds Under VIII.B – Motion for Imposition of Fines, the following case were moved to V.B – Motion for Continuance: • 4. CASE NO: CEV20200011791 - Alejandra Lynch Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: • 3. CASE NO: CENA20200011330 - Saint Louis Moise Special Magistrate Garretson approved the Agenda as modified III. APPROVAL OF MINUTES The minutes of the May 7, 2021 hearing were reviewed by Special Magistrate Garretson and approved as submitted. IV. MOTIONS A. MOTION FOR CONTINUANCE 13. CASE NO: CELU20210004083 (Under Hearings) OWNER: Alejandra Lynch June 4, 2021 3 OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Outside storage/litter consisting of but not limited to, mattresses, closet doors, metals, screens, and box spring. Repeat violation. FOLIO NO: 62260040000 PROPERTY ADDRESS: 5330 Broward ST, Naples, FL 34113 Officer Musse represented the County. Ms. Lynch was not present however submitted the Motion for a Continuance in writing noting she would be out of town at the time of the hearing. Mr. Musse objected to the Continuance as the property is the site of repeat violations with numerous neighborhood complaints over the course of time. He noted the current violation is abated and he spoke to Ms. Lynch this morning who informed him she also has a health issue and was being tested for COVID-19 today. Special Magistrate Garretson, noting the violation was abated and a health issue was raised by Ms. Lynch CONTINUED the case to July 2, 2021. 4. CASE NO: CEV20200011791 (Under Motions for Imposition of Fines and Liens) OWNER: Alejandra Lynch OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(5). A commercial container and trailer being stored on a residentially zoned property. FOLIO NO: 62260040000 PROPERTY ADDRESS: 5330 Broward ST, Naples, FL 34113 Officer Musse represented the County. Ms. Lynch was not present however submitted the Motion for a Continuance in writing noting she would be out of town at the time of the hearing. Mr. Musse objected to the Continuance as property is the site of repeat violations with numerous neighborhood complaints over the course of time. He noted the violation is abated and he spoke to Ms. Lynch this morning who informed him she also had a health issue and was being tested for COVID-19 today. Special Magistrate Garretson, noting the violation was abated and a health issue was raised by Ms. Lynch CONTINUED the case to July 2, 2021. B. MOTION FOR EXTENSION OF TIME None V. STIPULATIONS 14. CASE NO: CEV20210002991 OWNER: Yoelvis Ruiz Escobar OFFICER: Saylys Coutin VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Vehicles parked on the grass. Reoccurring violation. FOLIO NO: 35690440003 PROPERTY ADDRESS: 4226 25th AVE SW, Naples, FL 34116 Officer Coutin requested the hearing. The Stipulation was entered into by Yoelvis Escobar on June 1, 2021. June 4, 2021 4 Special Magistrate Garretson found the Respondent was in violation of the refereneced code(s)/ordinance(s) 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 July 2, 2021. Total Amount Due: $111.70 VI. PUBLIC HEARINGS A. HEARINGS 10. 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). The Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17. Unpermitted above-ground pool with no barrier. FOLIO NO: 36451840003 PROPERTY ADDRESS: 5072 28th PL SW, Naples, FL 34116 Harry and Liza Romano were present. Supervisor Perez represented the County and testified: • The case involves the installation of an above ground swimming pool without a permit or proper fence barrier to protect the pool. • Following investigation, a permit for construction of a swimming pool was filed in May of 2021 by the Romano’s but has been deemed “incomplete”. • A fence permit for the property was approved on 1/31/20 and has been constructed, inspected and issued a Certificate of Completion, however it does not meet the standards of a “pool barrier”. Evidence Entered: Exhibit 1: 1 photo dated 2/5/20 Exhibit 2: 1 photo dated 2/15/20 Composite Exhibit 3: 2 photos dated 6/3/21 Exhibit 4: Building Department determination on the violation Exhibit 5: Aerial map of the property Mr. Romano testified: • He has had health issues and recently his daughter passed away, which has hindered his ability to deal with the alleged violation. • He filed the application for the fence permit as a “pool barrier” and the permit was issued, fence inspected and was issued a Certificate of Completion by the County. • He objects to the violation as he met the requirements for the barrier and requested the case be dismissed by the Special Magistrate. Supervisor Perez stated the structure operates as a “fence,” is constructed along the property line and does not qualify as a pool barrier. The application for the fence as a pool barrier is in rejection status at this time. Ms. Romano stated, based on the action they undertook, they are under the assumption when the application for the fence was requested as a pool barrier, with all proper inspections and a Certificate of Completion issued, they structure was approved as a “pool barrier.” June 4, 2021 5 Manager Letourneau reported there is no permit was issued for construction of the swimming pool, there is no permitted pool barrier constructed leading to Health, Safety and Welfare issues. The case has been ongoing for 18 months and the County has offered to assist them and guide them through the process. Special Magistrate Garretson, after reviewing the Evidence and considering the testimony, CONTINUED the case until July 2, 2021 and directed the Romano’s to meet with representatives of the County and obtain the necessary guidance on how to resolve the issues relating to the case. Respondent Evidence Entered: Composite Exhibit A: Copies of Emails Composite Exhibit B: Copy of plans VII. STIPULATIONS 6. CASE NO: CEPM20210002539 OWNER: Theodore A Loyer OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22- 231(12)(n), 22-231(12)(i) and 22-242. Unsecured vacant dwelling with broken windows and a damaged chain link fence that runs along the left side of the property. FOLIO NO: 40473840006 PROPERTY ADDRESS: 4150 10th Ave NE, Naples, FL 34120 Officer Connetta requested the hearing. The Stipulation was entered into by the Respondent’s representative Jane M Loyer on June 1, 2021. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered them to: 1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by July 5, 2021. 2. Obtain all required Collier County Building Permit(s for the roof repair or replacement or Demolition Permit to remove the structure, request all Inspections and Certificate of Completion/Occupancy by September 4, 2021 or a fine of $250.00 per day will be imposed until the violation is abated. 3. Alternatively, if a Boarding Certificate is obtained and the structure is boarded by June 11, 2021, then the time required to complete the repairs, inspections and Certificate of Completion/Occupancy will be extended to December 4, 2021 or a fine of $250.00 per day will be imposed for each day the violation remains. 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 7. CASE NO: CENA20210002546 OWNER: Theodore A Loyer OFFICER: John Connetta 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. Weeds in excess of 18 inches in height on estates June 4, 2021 6 zoned property. Also, litter consisting of, but not limited to, metal containers, metal pipes, old a/c unit, plastic containers and trash stored on the property. FOLIO NO: 40473840006 PROPERTY ADDRESS: 4150 10th Ave NE, Naples, FL 34120 Officer Connetta requested the hearing. The Stipulation was entered into by the Respondent’s representative Jane M. Loyer on June 1, 2021. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered him to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by July 5, 2021. 2. 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 July 5, 2021 or a fine of $100.00 will be imposed for each day the violation continues. 3. 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 June 11, 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 3. CASE NO: CEEX20210004820-PU6228 OWNER: DR HORTON INC OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article III, Section 134-62, Utilities Standard Manual, Section 1.9. Illegal tampering of RPZ/Backflow, as entire backflow assembly was pulled down to the ground from up-right position and back-leg pulled up to illegally connect water valve with those connected going to bucket. Repeat violation. Health, safety and welfare issue. FOLIO NO: 59953002465 PROPERTY ADDRESS: 15083 Wildflower CIR, Naples, FL 34119 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent’s representative James Mackin on June 2, 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 July 2, 2021. 4. CASE NO: CEEX20210004817-PU6229 OWNER: DR HORTON INC OFFICER: Olti Sefa June 4, 2021 7 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(N). Unlawful connection prohibited. PVC pipe contraption illegally connected; directly connected to County potable water curb stop without meter or backflow assembly installed. Repeat violation. Health, safety and welfare issue. FOLIO NO: 59953003668 PROPERTY ADDRESS: 15112 Wildflower CIR, Naples, FL 34119 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent’s representative James Mackin on June 2, 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 July 2, 2021. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 15. CASE NO: CEV20210004694 OWNER: Barbara J Jackson OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Two boats on trailers parked in the front yard. FOLIO NO: 24983280004 PROPERTY ADDESS: 1840 Harbor PL, Naples, FL 34104 Barbara Jackson and Wyatt Barnett (grandson and boat owner) were present. Officer Delia and Supervisor Short represented the County. Officer Delia testified: A violation was issued for the boats parked in the front yard on 5/10/21 and they were removed by 5/14/21. On 6/1/21, a boat was again observed stored on the premise. Evidence Entered: Exhibit 1: 1 photo dated 5/2/21. Composite Exhibit 2: 2 photos dated 5/6/21 Ms. Jackson and Mr. Barnett testified: • The property was purchased in the mid 1970’s with the intention of using it as a place to reside and conduct boating activities. • Since they have owned the property, there have always been boats stored in the front yard area without incident until recent neighbor complaints by new owners. • In 2008, the new Code prohibiting boats from being stored in the front yard was adopted and, in their opinion, the properties where boats are being stored prior to this date should be “grandfathered.” Officer Delia reported there have been prior cases for the property addressing boat storage (12/12/19, 3/1/19 and 8/14/92). Supervisor Short reported research indicates the prohibition of boat storage in the front yards can be found in the Land Development Code as far back as 1982. In 2008, the requirement was moved to the Code of Ordinances as indicated by the Respondents. June 4, 2021 8 Ms. Jackson and Mr. Barnett re-iterated the property pre-dates the 1982 Land Development Code requirements and should be considered grandfathered for the boat storage. Special Magistrate, after hearing the testimony and reviewing the Evidence entered and the applicable Code as adopted noted the requirement is intended to be applied to all landowners in the County with no “grandfather” exception provided and found the Respondent in violation and ordered them to: 1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case by July 5, 2021. 2. Relocate the boat to an enclosed structure, rear yard, adjacent to waterway (as permitted), or remove offending boat from the property by July 5, 2021 or a fine of $50.00 per day will be imposed until the violation ahs 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: $111.75 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 5. CASE NO: CEPM20200000248 OWNER: Diana Estrada ET AL OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Vacant mobile home with blue tarp in disrepair along with downed trees and tree limbs on the property. FOLIO NO: 66220280000 PROPERTY ADDRESS: 419 15th ST SE, Immokalee, FL 34142 Officer Connetta reported the violation has been abated however not in the prescribed time frame incurring fines and costs in the amount of $17,911.80. Ms. Estrada was present noting the violation was abated. Special Magistrate Garretson DENIED the County’s Motion for Imposition of Fines and Liens. 1. 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 Mr. Mendez was present. June 4, 2021 9 Officer Guy represented the County reporting the violation has been abated but not in the prescribed time frame incurring fines and costs in the amount of $33,211.80. Manager Letourneau reported the County objects to the full waiving of the charges incurred as this was a long-term violation, disregarded by Mr. Mendez with numerous neighborhood complaints to the County and local media over the course of time. Mr. Mendez reported he had financial issues including bankruptcy and foreclosure actions throughout the time frame and even for a brief time the property was transferred out of his name before the ownership being returned to him. These factors prevented him from abating the violation. Manager Letourneau reported Mr. Mendez did not even abate the weeds violation by simply mowing the grassed areas. Mr. Mendez stated he mowed the grass however Officer Guy responded she was confident in the dates cited in the case where the grass was not mowed. Additionally, removal of the litter and debris appeared to not be priority for Mr. Mendez. Special Magistrate Garretson, after hearing the testimony GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $2,500.00 in fines and $111.80 for the Operational Costs associated with today’s proceeding for a total amount due of $2,611.80. Said amount to become a lien on the property. 2. 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 Mr. Mendez was present and testified the work in nearly complete and only need 2 more weeks to finish the project. Officer Guy had no objection to continuing the case as she noted the property has been substantially improved compared to the ongoing issues associated with the case. Special Magistrate Garretson CONTINUED the case until July 2, 2021. VI. PUBLIC HEARINGS (Continued) A. HEARINGS 16. CASE NO: CEEX20210005232-DASV21-009433 (THIS ITEM TO BE HEARD AT NOON) OWNER: Jairo Perez OFFICER: Marcy Perry VIOLATIONS: Collier County Code of Laws and Ordinances, Article II, Section 14-35(1)(B). Dog (“Lucy”) running at large on neighboring properties; fourth offense. FOLIO NO: PROPERTY ADDRESS: 4585 22nd ST NE, Naples, FL 34120 Mr. Perez was present and testified he works in his garage and lets the dog loose and admitted the dog does leave the property off leash. June 4, 2021 10 Officer Perry represented the County testifying the hearing is required as it is a fourth offense and Mr. Perez harbors other dogs which run at large; however, they have not reached the fourth offense status. Jacqueline Keay testified she is a neighbor of Mr. Perez and his Doberman Pincher as been running at large since Mr. Perez moved into the home. The issue constantly occurs, and the dog encroaches on the use of her property. The situation has improved as over the last 2 weeks as she has not witnessed the dog running at large. Mr. Perez reported he intends to install an electric fence to remedy the issue. Special Magistrate Garretson, after considering the testimony imposed a Fine in the amount of $450.00 Fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total due of $505.00 by July 5, 2021. If Mr. Perez installs the electric fence by July 5, 2021, then the Fine amount shall be reduced to $250.00 for a total amount due of $305.00. Break: 1:08 p.m. Reconvened: 1:20 p.m. 9. CASE NO: CENA20210001485 OWNER: Richard J Liedke OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Litter/outside storage consisting of, but not limited to, plastic bins, tools, cardboard box, plastic pieces, scrub pads, trash cans, step ladder, extension wires, plastic crate, a black tarp and other miscellaneous items. FOLIO NO: 54300200006 PROPERTY ADDRESS: 4676 Lakewood BLVD, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 5/20/21 Date of Hearing Notice Property/Courthouse Posting: 5/18/21 Officer Marchand presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 3/1/21 Composite Exhibit B: 3 photo dated 6/3/21 The violation remains as of June 4, 2021. 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 July 5, 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 June 11, 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. June 4, 2021 11 Total Amount Due: $111.70 12. CASE NO: CELU20200013266 OWNER: Recinda Hinds OFFICER: Larry Sweet VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 1.04.01(A). Prohibited storage and use of items and debris on site without having an approved primary/principal structure. Items and debris including, but not limited to, two RV’s, generators, utility trailer, wood, metal, rugs, furniture, fuel cans, cardboard, plastic sheets and buckets. FOLIO NO: 109280006 PROPERTY 1500 Daffodil CT, Naples, FL 34120 Date of Hearing Notice by Certified Mail: 5/20/21 Date of Hearing Notice Property/Courthouse Posting: 5/18/21 Officer Marchand presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 5 photos dated 12/11/20 Composite Exhibit B: 2 photos dated 4/1/21 Composite Exhibit B: 2 photos dated 6/3/21 Exhibit D: 1 aerial photo of the property Exhibit E: Zoning Map The violation remains as of June 4, 2021. 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 July 5, 2021. 2. Remove all items/debris not permitted for outside to storage, including any vehicles/trailers or structures used for residential purposes , to a site designated for such use and return the property to its original permitted state by August 4, 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 B. EMERGENCY CASES None VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None June 4, 2021 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. 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—JULY 2, 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 1:43 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING e. - ends C. Garrets , Special Magistrate Thesieyidutes were approved by the Special Magistrate on dkilL,k180a 1 , as presented , or as amended 12