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CESM Minutes 12/03/20211 December 3, 2021 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, December 3 , 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, Code Enforcement Investigations Manager Colleen Kerrins, Assistant County Attorney Helen Buchillon, Administrative Secretary Elena Gonzalez, Code Enforcement Specialist 2 December 3, 2021 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 an 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 C. GARRETSON PRESIDING The Honorable Special Magistrate Brenda C. Garretson called the hearing to order at 9:03 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 Code Enforcement officers to work out a possible resolution by stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:22 a.m. Reconvened: 9:46 a.m. III. APPROVAL OF AGENDA Ms. Gonzalez noted the following agenda changes were made after the following cases were moved to VI – Stipulations: • CASE NO: CESD20210006137 – Jorge Baltazar and Alicia Baltazar • CASE NO: CEV20210004460 – Niko Glinos and Maribel Glinos Under Item VII A Hearings, the following cases were withdrawn: • CASE NO: CEEX20210011618 – PR063356 - John Valeo • CASE NO: CEEX20210011747 – PR062979 - Perry W. Bedell • CASE NO: CENA20210008892 – JVM Development Corp. • CASE NO: CEPM20210006819 – Pacifica Arbour Walk, LLC • CASE NO: CEPM20210003918 – Mari Flor Jose Bautista and Sukhwinder Jit Singh • CASE NO: CESD20210008220 – Eric Gonzalez • CASE NO: CEPM20210007913 – Pacifica Laurel Ridge LLC • CASE NO: CELU20210009866 – Larry R. Andrews and Cheryl Andrews Under Item VIII B, Motion for Imposition of Fines and Liens, the following cases were withdrawn: • CASE NO: CEPM20210006406 – Alex F. Chiappetta Revocable Living Trust • CASE NO: CEPM20210003356 – JP Morgan Chase Bank National Association (will be rescheduled) Special Magistrate Garretson approved the agenda, as modified. IV. APPROVAL OF MINUTES The minutes of the November 4, 2021, hearing were reviewed by Special Magistrate 3 December 3, 2021 Garretson and were approved, as submitted. V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None C. MOTION FOR REHEARING: 1. CASE NO: CEEX20210009057-DASV21-010078 OWNERS: Nicholas Garulay OFFICER: Olivia Martinez VIOLATION: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(J). Injury to Person, “Lola.” FOLIO: 36617240007 ADDRESS: 4055 1st Ave. SW, Naples, FL 34119 The respondent was present. Assistant County Attorney Colleen Kerrins represented the county. Attorney Nick Bluestein represented the respondent. Mr. Bluestein testified: • That he apologized for the tone of his motion, saying it was harsh because he wanted to send it on time. • He takes issue with the victim’s civil attorney, Mark Miller, who interfered with and took over the past proceeding, acting as the county’s attorney. • Mr. Miller, who represented the victim, was not associated with the county or Mr. Garulay. • Mr. Miller was on notice that Mr. Garulay was represented by Mr. Bluestein’s office. • Despite being on notice, Mr. Miller conducted a full cross-examination of Mr. Garulay. Special Magistrate Garretson inquired why Mr. Bluestein was not present at the October 1, 2021 hearing. Mr. Bluestein testified: • That his client was not aware of the hearing until after it occurred, and Mr. Garulay didn’t understand he’d be subject to examination or cross-examination by the victim’s attorney. • His testimony can be used to impeach Mr. Garulay at a civil trial. • Mr. Garulay didn’t want to pay the fine because he didn’t feel he was responsible. • The findings of fact in the October 1, 2021 order were possibly deficient under Section 14- 35(1)(J) of the County Ordinance. • The magistrate did not identify which standards of care were violated by Mr. Garulay. 4 December 3, 2021 • Anything Mr. Miller obtained during the hearing was “fruit of the poisonous tree,” so all that evidence should be thrown out. Special Magistrate Garretson inquired whether Mr. Bluestein also was seeking a motion to dismiss. Mr. Bluestein testified that he was. Ms. Kerrins testified: • That she agreed it was an unusual hearing. • The county is not objecting to a rehearing. • Had the county known about the underlying issues, the county would not have allowed Mr. Miller to have the liberties he did and I’m sure your honor would not have, as well. Mr. Garulay testified: • That he thought he was coming to court to pay a ticket/fine on October 1, 2021. • He didn’t think he needed an attorney and did not expect to be questioned or cross- examined. Special Magistrate Garretson pointed out that Mr. Garulay had opportunities to tell her he had an attorney who had advised Mr. Miller not to speak to him, but he did not. Mr. Bluestein stated that Mr. Garulay was unaware that he had mailed Mr. Miller to put him on notice not to communicate with Mr. Garulay. Special Magistrate Garretson stated that consequences can occur in this court, not just fines, and the rules say both parties can be cross-examined. She wanted to be fair to both sides but had no problem amending an order for justice’s sake. Mr. Bluestein noted that the Florida Bar rules are designed to protect clients from lawyers and it was Mr. Miller’s obligation, and his firm’s, to follow them, yet he made no disclosure at the past hearing. He noted that Mr. Miller had a higher obligation than Mr. Garulay, who was unaware of the rules. Special Magistrate Garretson agreed, noting that it irritates her when someone withholds relevant information from her and the county. Special Magistrate Garretson GRANTED a rehearing and DISMISSED the prior order. She asked Mr. Bluestein to prepare an order within 10 days and to send it to Ms. Kerrin s, who will have five days to review and approve it. VI. STIPULATIONS 12. CASE NO: CEV20210004460 OWNER: Niko Glinos and Maribel Glinos OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, 5 December 3, 2021 Sections 130-97(3) and 130-95. Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Improperly stored commercial trailer. Also, unlicensed inoperable vehicle kept on the property and vehicles being parked in the rear yard. FOLIO NO: 35763920007 ADDRESS: 1796 44th Terrace S.W., Naples, FL 34116 The hearing was requested by Officer Bradley Holmes. The stipulation was entered into by Niko Glinos and Maribel Glinos, on December 2, 2021. Special Magistrate Garretson found the Respondents GUILTY of the alleged violation and they were ordered to: 1. Pay $111.75 in Operational Costs incurred in the prosecution of this case by January 3, 2022. 2. Abate all violations by removing vehicle(s) parked on the grass or unauthorized parking area to a stabilized subsurface base or plastic-grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for parking of automobiles (not to exceed 40% of the front yard for parking) within seven days of this hearing (December 10, 2021), or a fine of $100 per day will be imposed until the violation is abated. 3. Repair and/or affix a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these offending vehicle(s) to an area intended for such use within seven days of this hearing (December 10, 2021) or a fine of $100 per day will be imposed until the violation is abated. 4. Notify the Code Enforcement investigator within 24 hours of abatement of the violation to request that the investigator perform a site inspection to confirm compliance. The 24-hour notice shall be by phone or fax and must be made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 5. If the Respondent fails to abate the violation, the County may abate the violation using any method to bring the violation into compliance, including seeking 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. If the property owner fails to pay, a lien may be placed on the property. Total Amount Due: $111.75 10. CASE NO: CESD20210006137 OWNER: Jorge Baltazar and Alicia Baltazar OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). An 18-foot by 14-foot shed built between 1995 and 1999, and a 25-foot by 21-foot carport attached to the shed, which was built between 2019 and 2020, 6 December 3, 2021 without first obtaining a valid Collier County permit. FOLIO NO: 62203240003 ADDRESS: 5549 Sholtz St., Naples, FL 34113 Date of Hearing Notice by Certified Mail: November 17, 2021 Date of Hearing Notice Property/Courthouse Posting: November 12, 2021 Officer Musse requested the hearing and represented the county. Alicia Baltazar, who is divorced from Jorge Baltazar, was present. Edgar Aguilera, the respondent’s son and translator, was present. A stipulation was entered into by Alicia Baltazar on December 3, 2021; her husband’s name was removed from the stipulation. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered Ms. Baltazar to: 1. Pay $111.65 in Operational C osts that were incurred in the prosecution of this case within 30 days of this hearing, by January 3, 2022. 2. Abate all violations by obtaining all required Collier County Building Permit(s), or demolition permit(s), inspections and Certificate of Completion for the shed and carport within 180 days of this hearing (June 3, 2022), or a fine of $100 per day will be imposed until the violation is abated. 3. Notify the Code Enforcement investigator within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance. The 24-hour notice shall be by phone or fax and must be made during the work week. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday. 4. If the Respondent fails to abate the violation, the County may abate the violation using any method to bring the violation into compliance, including seeking 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. If the property owner fails to pay, a lien may be placed on the property. Total Amount Due: $111.65 VII. PUBLIC HEARINGS A. HEARINGS 4. CASE NO: CEV20210008890 OWNER: JVM Development Corp. (now JVM Housing Inc.) OFFICER: Bradley Holmes VIOLATIONS: Collier County Collier County Land Development Code 04-41, as amended, Section 4.05.03(C). Collier County Code of Laws and 7 December 3, 2021 Ordinances, Chapter 130, Article III, Sections 130-95 and 130- 97(3). Multiple vehicles and trailers parking on the grass in the front side and rear of the property, including an unlicensed vehicle. FOLIO: 35745480002 ADDRESS: 2103 46th Terrace S.W., Naples, FL 34116 Juan Reynosa, a JVM Housing representative, was present. Officer Holmes represented the County. • Mr Reynosa testified that he was trying to get into compliance but missed one item. • Officer Holmes testified that he was in contact with Michael Heiderman, JVM’s registered agent. • Special Magistrate Garretson said she would not let the case move forward because Mr. Reynosa has no proof that he’s authorized as a property manager. • Mr. Letourneau said the county did provide proper notice. If he weren’t standing at this podium, we would be moving forward with the hearing. • Special Magistrate Garretson said if she continued the case, he might get it done. • Mr. Letourneau said he was hopeful the situation would be taken care of within a month and noted that it’s not the county’s burden to ensure the right person is standing at the podium. Special Magistrate Garretson noted that it was the county’s policy to encourage compliance, rather than imposing punishment, and continued the hearing to Jan uary 7, 2022. 6. CASE NO: CEPM20210008698 OWNER: Kathryn E. Pollis OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Section 22-231 (12)(n). A screen lanai with missing screens. FOLIO: 32483680002 ADDRESS: 997 Bluebird St., Naples, FL 34104 Ms. Pollis was present. Investigator Delia represented the County. • Ms. Pollis testified she tried to ask for a continuance on Friday, but there was no name or number to call on her notice. • Investigator Delia testified the Code Enforcement number is listed on the paperwork. • Ms. Pollis testified the paperwork said to call the magistrate’s se cretary five days before the hearing. She spent five hours in urgent care, had a fever, sepsis of the jaw, surgery on Tuesday and is in horrible pain today. • Magistrate Garretson asked if she was well enough to continue. • Mr. Letourneau asked the investigator to present the case and called it a clear violation. However, he agreed Ms. Pollis was in pain and might not be able to comprehend what was going on. • Magistrate Garretson said she wanted Ms. Pollis to get due process . 8 December 3, 2021 • Supervisor Eric Short testified there was no imminent safety issue, but there is a public concern with the neighboring community. • Magistrate Garretson pointed out that no one in the community showed up. • Supervisor Short testified there is a pool, bu t from what we can see, only the upper screens are missing. • Investigator Delia asked if he could call her to possibly rectify it before the next hearing. • Ms. Pollis agreed and said she’d contact him if she co uldn’t attend. Her brother, Theo, lives there with her, but he left the day of the violation after his daughter died from COVID. Special Magistrate Garretson continued the case to Jan uary 7, 2022 and asked Ms. Polis to contact Code Enforcement to inform them of her health condition and whether her brother could get involved. 14. CASE NO: CEPM20180014316 OWNER: Victory in Jesus Christ Tabernacle Inc. OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-242. Vacant cinder block type structure with no roof, no windows and no floor slab. A Collier County building or demolition permit is required for any work on the structure. FOLIO: 56406080005 ADDRESS: 417 School Dr., Immokalee, FL 34142 Pastor Lucy M. Hall was present. Tyree Hall, her son and the church’s maintenance man, was present. Supervisor Ambach represented the County. Evidence submitted: Three photos taken on August 19, 2021, and two photos taken on December 2, 2021, all taken by Code Enforcement Officer John Connetta. Supervisor Ambach testified: • The violation came to light during a routine patrol on November 16, 2018, by Investigator Asaro, who found a church structure had suffered damage from Hurricane Irma. • A case was opened, and they applied for permits. A reroofing permit expired on April 27, 2021, and a permit to replace old trusses expired on December 16, 2020. • A third permit, a demolition permit, was left abandoned because the contractor had qualifying issues, and the permit expired. • A new permit was issued this morning. Pastor Hall confirmed the photos were an accurate representation. Tyree Hall testified they were asking for a 60-day continuation to have the building, which is next to the church, torn down. This was the old church and it’s not structurally sound. We didn’t know that in 2015 and the contractor deceived us. Supervisor Ambach testified that the structure is secure, and respondents usually ask for 9 December 3, 2021 30 days, but he would not object to 60. He met with the new contractor and he confirmed he start this job immediately. Mr. Letourneau testified that the county would still like a notice of violation and a continuance. Tyree Hall testified they would abide by whatever was decided at this hearing because they wanted to get the work completed. Mr. Letourneau testified that the case is 3 years old, and they’ve had a track record of not getting it done. Supervisor Ambach testified this was the fifth permit they applied for. Tryee Hall testified that the problems in the past were due to their former contractor, who cleaned the structure and wanted more money and didn’t complete work after they’d paid him $25,000. He wanted $63,000. They’ve called a new contractor, who is licensed in the county. Magistrate Garretson continued the case to Feb ruary 4, 2022 and told the respondents no more costs would be assessed if work was completed by then, and they would not have to return to court. VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. 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 ADDRESS: No Site Address, Naples, FL 34110 Dominick Lucarelli, the respondents’ son, was present. Supervisor Short represented the county. Supervisor Short testified: • The magistrate issued a finding of fact, and the case was continued to August 6, 2021, then continued to today. • To date, the violation has not been abated and fines accrue d at $100 per day from July 3, 2020, to December 3, 2021(519 days), for a fine amount of $51,900. • Fines of $200 per day accrued from January 3, 2021, to Aug. 6, 2021, (335 days) for a total fine amount of $67,000, with operational costs for today’s hearing of $111.85. • Total Amount to date: $119,011.85. Mr. Lucarelli testified: • They wanted to conduct a kill-in-place method, but that was not approved. • He went to Turrell, Hall & Associates (Marine & Environmental Consulting) and also spoke with his parents, who might want to move forward to develop 10 December 3, 2021 the property and knock down all the trees. He is working on this now. • It’s all wetlands and the property drains, onto his parents’ property. He plans to fill in part of the site but is asking for some guidance. • Obtaining financing is difficult because there may be Code Enforcement liens on the property. He can’t move forward because he doesn’t know what to do. Mr. Short testified that the original complainant is not in the area and it seems silly to clear the exotics and go through another planning process. Mr. Letourneau testified that the exotics all must be removed at some point because it’s required. Mr. Lucarelli testified that would quadruple the costs. It’s a process nobody wants to do. Mr. Short asked if it would be a small subdivision. Mr. Lucarelli confirmed it would be and testified he’d be willing to return to court every six months to provide a status report to prove they’re moving forward on their plans. Mr. Letourneau testified that the fine is the main sticking point and the money sitting there is still going to be a roadblock. Special Magistrate Garretson continued the case to March 4, 2022 and advised Mr. Lucarelli that his parents must make a decision and work with the county on a plan to move forward. If work is completed, she will dismiss all the fines, which will allow him to seek financing. Fines will not continue to accrue from December 3, 2021, forward. A recess was called at 11:20 a.m. Court resumed at 11:42 a.m. VII. PUBLIC HEARINGS A. HEARINGS 5. CASE NO: CELU20210010147 OWNER: Jeffery M Stone and Kelsey Edwards 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, Section 54-179. Outside storage and/or litter consisting of, but not limited to, car seat cover, wood, moving carts and bicycles. FOLIO: 68341720007 ADDRESS: 46 Moon Bay St., Naples, FL 34114 Investigator Musse represented the county. Evidence entered: Six photos taken on September 29, 2021, Composite A. Date of Hearing Notice by Certified Mail: Nov. 16, 2021 Date of Hearing Notice Property/Courthouse Posting: Nov. 12, 2021 Mr. Musse testified: • We received a call from the Sheriff’s Office about litter, shopping carts, 11 December 3, 2021 appliances, medical equipment, boxes, clothing, and other items outside and spoke to Mr. Stone, who signed the notice of violation. • Mr. Stone spoke to his son, who was being taken into custody by the CCSO and would not be able to come into compliance. • Mr. Stone said he’d remedy the situation and clean up the property as soon as possible. • On November 6, 2021 the violation had not been remedied. • On December 2, 2021 the violation remained, he didn’t feel comfortable signing the stipulation, and Mr. Stone asked for seven days to come into compliance. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and he was ordered to: 1. Pay $111.65 in operational costs incurred in the prosecution of this case by January 3, 2022. 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, within seven days of this hearing (December 10, 2021), or a fine of $100 per day will be imposed for each day the violation remains. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to br ing the violation into compliance and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this order. All costs of the abatement shall be assessed to the property owner. Total Amount Due: $111.65 8. CASE NO: CEPM20210009114 OWNER: German E. Virreira and Maria L. Ortiz OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(n) and 22-231(12)(p). Damage to the ceiling in the garage due to water leak. Also, the screen door on the lanai does not open and close easily. FOLIO: 24778006804 ADDRESS: 7746 Bristol Circle, Naples, FL 34120 Supervisor Ambach represented the county. Count Evidence Entered: Five photos taken on August 26, 2021, and three photos taken on December 2, 2021, all taken by Officer John Connetta, Exhibit A and Exhibit B. Date of Hearing Notice by Certified Mail: November 16, 2021 Date of Hearing Notice Property/Chorthouse Posting: November 12, 2021 Supervisor Ambach testified: 12 December 3, 2021 • That the garage door does not close properly, and a case was initiated on August 25, 2021. • There is damage in the garage from water leaks and lanai screens that don’t work. • The property owner was contacted by certified mail and it was returned unclaimed. • Notice also was posted at the courthouse. • Investigator Connetta spoke to the property owner several times and she said she’d correct the violations, but the violations remain. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondents GUILTY of the alleged violation and they were ordered to: 1. Pay $111.70 in operational costs that were incurred in the prosecution of this case within 30 days, by Jan. 3, 2022. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 14 days of this hearing, by December 17, 2021 for the repair of the ceiling in the garage and fix/repair the screen door on the lanai or a fine of $250 per day will be imposed until the violation is abated. 3. Notify the Code Enforcement Investigator when the violation has been abated to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 16. CASE NO: CEV20210009408 OWNER: Edward O Jessup OFFICER: Jordann Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed/unregistered vehicles on the property. FOLIO NO: 36247400000 ADDRESS: 5337 19th Ave. S.W., Naples, FL 34116 Date of Hearing Notice by Certified Mail: November 16, 2021 Date of Hearing Notice Property/Courthouse Posting: November 9, 2021 Investigator Jordann Marinos represented the county. County Evidence Entered: Two photos showing the violation on September 2, 2021, Composite A; two photos showing a reinspection on October 15, 2021, Composite B; and two photos showing the current condition on December 2, 2021, Composite C. Investigator Marinos testified: 13 December 3, 2021 • That the violation occurred on September 2, 2021, while he was on routine patrol and noticed multiple unlicensed and inoperable vehicles. • He posted a notice of the violation and it was posted at the courthouse. • The property remains in the same condition now, despite phone calls, visits and notices. • He’s been unable to contact any property owners. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent GUILTY of the alleged violation and ordered the respondent to: 1. Pay $111.70 in operational costs incurred in the prosecution of this case by January 3, 2022. 2. Repair and/or affix a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove the vehicles to an area intended for such use within seven days of this hearing, by December 10, 2021 or a fine of $50 per day will be imposed for each day a violation continues. 3. Notify the Code Enforcement Investigator when the violation has been abated to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this order, 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 5. CASE NO: CEV20210005171 OWNER: Edward O Jessup OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Two vehicles parked on the grass of residentially zoned property. FOLIO: 36247400000 ADDRESS: 5337 19th Ave. S.W., Naples, FL 34116 Date of Hearing Notice by Certified Mail: November 18, 2021 Date of Hearing Notice Property/Courthouse Posting: November 10, 2021 The respondent was not present. Investigator Jordann Marinos represented the county. Investigator Marinos testified that an order was entered on Sept. 3, 2021, and Mr. Jessup did come into compliance, but did not pay operating costs. Finding the Notice of Hearing was properly served, Special Magistrate Garretson found the Respondent had abated the violation and granted the county’s motion to pay past operational 14 December 3, 2021 costs of $111.70 in addition to $111.75 in operational costs for today’s hearing, for a total amount of $223.45 Total Amount Due: $223.45 VII. PUBLIC HEARINGS A. HEARINGS 17. CASE NO: CEEX20210011608-DASV21-010958 OWNER: Elvie Simeus OFFICER: Joseph Marino VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to provide current rabies vaccination certificate for “Diamond,” fourth offense. FOLIO: 39207280005 ADDRESS: 130 14th St. S.E., Naples, FL 34117 Date of Hearing Notice by Certified Mail: November 16, 2021 The respondent was not present. Marcy Perry, interim DAS director, represented the county. Ms. Perry testified: • This is the fourth citation for failure to provide a current rabies vaccine certificate. • Mr. Simeus’ wife has been educated on the county’s ordinance. • DAS still has not received proof that the dog, Diamond, is vaccinated. Finding the Notice of Hearing was properly served, Special Magistrate Garretson UPHELD issuance of the Citation and ordered the Respondent to pay a $400 fine, operational costs of $50, $7 in citation costs for a total amount due of $457 to be paid by January 3, 2022. B. EMERGENCY CASES None VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. CASE NO: CENA20210008684 OWNER: Lee V. Lambert OFFICER: Tony Asaro 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. High grass exceeding 18 inches in height on residential property and 15 December 3, 2021 litter/outdoor storage consisting of, but not limited to, tires, plastics, wood and construction materials. FOLIO: 46470040007 ADDRESS: 660 Palm Ave., Goodland, FL 34140 Date of Hearing Notice by Certified Mail: November 18, 2021 Date of Hearing Notice Property/Courthouse Posting: November 17, 2021 The respondent was not present. Investigator Joseph Mucha represented the county. Investigator Mucha presented the case, noting that the violation has not been abated as of December 3, 2021, but that previously assessed operational costs of $111.70 have been paid. Part C of the Order Fine Amount: $100 per day Duration: 56 days (October 9, 2021 - December 3, 2021) Total Fine Amount: $5,600 Total to Date: $5,600 Part D of the Order Fine Amount: $100 per day Duration: 56 days (October 9, 2021 - December 3, 2021) Total Fine Amount: $5,600 Operational Costs for today’s hearing: $111.75 Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of $11,311.75. The amount will become a lien on the property, with fines continuing to accrue. Total Amount Due: $ 11,311.75. 4. CASE NO: CEV20210008685 OWNER: Lee V. Lambert OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unregistered/inoperable vehicles stored on residential property. FOLIO: 46470040007 ADDRESS: 660 Palm Ave., Goodland, FL 34140 Date of Hearing Notice by Certified Mail: November 18, 2021 Date of Hearing Notice Property/Courthouse Posting: November 17, 2021 The respondent was not present. Investigator Joseph Mucha represented the county. 16 December 3, 2021 Investigator Mucha presented the case, noting that the violation has not been abated as of December 3, 2021. Fine Amount: $50 per day Duration: 56 days (October 9, 2021 - December 3, 2021) Total Fine Amount: $2,800 Operational Costs for today’s hearing: $111.75 Special Magistrate Garretson GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of $2,911.75. The amount will become a lien on the property, with fines continuing to accrue. Total Amount Due: $2,911.75. 6. CASE NO: CENA20210000550 OWNER: Michael J. Austin and Judith C. Austin OFFICER: Cristina Perez 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, Sections 1.04.01(A) and 2.02.03. Piles of litter and outdoor storage including, but not limited to, pavers and bricks in the front yard. FOLIO: 41824280007 ADDRESS: 5350 Teak Wood DR, Naples, FL 34119 Date of Hearing Notice by Certified Mail: November18, 2021 Date of Hearing Notice Property/Courthouse Posting: November 10, 2021 Investigator Jordann Marinos represented the county. Investigator Marinos testified: • That the facts are correct. • The violation was abated not long after the deadline. • Wet ground made it impossible to abate in time. • They paid the operational costs and are in full compliance. Fine Amount: $100 per day Duration: 6 days (September 18, 2021 - September 23, 2021) Total Fine Amount: $600 Operational Costs for today’s hearing: $111.90 Special Magistrate Garretson noted the violation has been abated and DENIED the County’s Motion for Imposition of Fines and Liens. IX. OLD BUSINESS December 3, 2021 A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE-ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. Granted B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCEDIN SUBMITTED EXECUTIVE SUMMARY. Granted C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS- CITATION LIENS ONCASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County's request. XI. REPORTS None XII. NEXT MEETING DATE: Friday, January 7, 2022, at 9 a.m. There being no further business for the good of the County, the hearing was adjourned by order of the Special Magistrate at 12:53 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING nda C. Garretson, pecial Magistrate The minutes were appyoved by the Special Magistrate on JOAAtiaArct ' b�. as presented, "t/ , or as amended . 17