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CESM Minutes 01/07/20221 January 7, 2022 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, January 7, 2022 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 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 January 07, 2022 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME C. MOTION FOR RE-HEARING VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CESD20210008276 OWNER: Sharon J Saxton and Andrew Johnson OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Screen enclosure with shutters removed without a Collier County permit. FOLIO NO: 54050720001 PROPERTY 3925 Estero Bay LN, Naples, FL 34112 ADDRESS: 2. CASE NO: CEV20210008890 OWNER: JVM DEVELOPMENT CORP OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(C). Collier County Code of Laws and 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 NO: 35745480002 PROPERTY 2103 46th TER SW, Naples, FL 34116 ADDRESS: 3. CASE NO: CESD20210004427 OWNER: Guillermo Martinez and Fabiola Martinez OFFICER: Bradley Holmes 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). An unpermitted structure being used to keep fowl and dogs, that does not meet setback requirements. FOLIO NO: 38281920007 PROPERTY 5455 Sycamore DR, Naples, FL 34119 ADDRESS: 4. CASE NO: CEAU20210009354 OWNER: Travis James Hanrahan and Meredith Emery Hanrahan OFFICER: Tony Asaro VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. Fence erected on the property without first obtaining a Collier County Building permit. FOLIO NO: 54050680002 PROPERTY 3915 Estero Bay LN, Naples, FL 34112 ADDRESS: 5. CASE NO: CENA20210008691 OWNER: David Jeffrey Goff OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Sections 54-185(a) and 54-181. Collier County Land Development Code 04-41, as amended, Section 2.02.03. High grass in excess of 18 inches. Accumulation of litter and outside storage including, but not limited to, tires, plastics, wood, metal, furniture and construction materials. FOLIO NO: 1056920007 PROPERTY 129 Bayshore WAY, Goodland, FL 34140 ADDRESS: 6. CASE NO: CEV20210011350 OWNER: Darhl Ehrgott and Erin Ehrgott OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. An inoperable vehicle is parked and being stored on this parcel. FOLIO NO: 61380360001 PROPERTY 1942 Danford ST, Naples, FL 34112 ADDRESS: 7. CASE NO: CEPM20210008698 OWNER: Kathryn E Pollis OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). A screen lanai with missing screens. FOLIO NO: 32483680002 PROPERTY 997 Bluebird ST, Naples, FL 34104 ADDRESS: 8. CASE NO: CEPM20200007281 OWNER: W H Smith and Cute Smith OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Sections 22-241(1), 22-231(12)(c) and 22-231(12)(i). Several boarded windows, (Expired Boarding Certificate), roof damage and some broken windows on a vacant dwelling unit. FOLIO NO: 24420400004 PROPERTY 302 S 3rd ST, Immokalee, FL 34142 ADDRESS: 9. CASE NO: CENA20210010825 OWNER: BH NAPLES INVESTMENTS LLC OFFICER: Adam Collier VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Grass and weeds above 18 inches. FOLIO NO: 54000160006 PROPERTY 4710 Lakewood BLVD, Naples, FL 34112 ADDRESS: 10. CASE NO: CESD20210008774 OWNER: Thomas A Donahue and Debra L Donahue OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permit number PRBD20200310994 for wood pilings and to refurbish seawall. FOLIO NO: 46372680002 PROPERTY 715 Palm Point DR, Goodland, FL 34140 ADDRESS: 11. CASE NO: CEV20210011248 OWNER: Roberto M Martinez and Olga T Martinez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed/inoperable vehicles being stored on the grass. FOLIO NO: 62041160002 PROPERTY 5281 Dixie DR, Naples, FL 34113 ADDRESS: 12. CASE NO: CEPM20210007913 OWNER: PACIFICA LAUREL RIDGE LLC OFFICER: Jordann Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Playground in disrepair. Missing parts, spray painted graffiti and damaged parts. FOLIO NO: 36180080008 PROPERTY 5396 Laurel Ridge LN, Naples, FL 34116 ADDRESS: 13. CASE NO: CEAU20200013879 OWNER: Veronica Solange Docio OFFICER: Adam Collier VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. A fence without a Collier County permit. FOLIO NO: 63102160005 PROPERTY 4955 Barcelona CIR, Naples, FL 34112 ADDRESS: 14. CASE NO: CEEX20210009057-DASV21-010078 (THIS ITEM TO BE HEARD AT 12:00 PM) OWNER: Nicholas Garulay OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(J). Injury to person; “Lola”. FOLIO NO: PROPERTY 4055 1st ST SW, Naples, FL 34119 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: CEPM20210003356 OWNER: JP MORGAN CHASE BANK NATIONAL ASSOCIATION OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Light/light post on sidewalk at property is not working properly. FOLIO NO: 23941002128 PROPERTY 3693 Santa Barbara BLVD, Naples, FL 34104 ADDRESS: 2. CASE NO: CEPM20190002611 OWNER: Bertha S Hall ET AL OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant dwelling with roof damage and a damaged accessory structure (shed). FOLIO NO: 56403440004 PROPERTY 209 Eustis AVE E, Immokalee, FL 34142 ADDRESS: 3. CASE NO: CEPM20200001091 OWNER: Leonard R Kane OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Broken and/or missing roof tiles on single family dwelling unit. FOLIO NO: 80400003821 PROPERTY 3315 Cerrito CT, Naples, FL 34109 ADDRESS: 4. CASE NO: CEV20210007608 OWNER: Stephen W Schessler OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95 and 130-96(a). Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Multiple unlicensed/inoperable vehicles parked on the grass/dirt, commercial trailer with expired license plate and two RVs with no registration parked in rear yard. FOLIO NO: 70971000004 PROPERTY 1216 Rosemary LN, Naples, FL 34103 ADDRESS: 5. CASE NO: CEV20210005345 OWNER: Richard J Liedke OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Two vehicles parked on residential property without current license plates. FOLIO NO: 54300200006 PROPERTY 4676 Lakewood BLVD, Naples, FL 34112 ADDRESS: 6. CASE NO: CENA20210007316 OWNER: Garland Campbell and Paul Saunders OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-185(a). Collier County Land Development Code 04-41, as amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height on residential property, and litter and outdoor storage consisting of, but not limited to, lumber, indoor furniture and a plastic container stored on the property. FOLIO NO: 35741240000 PROPERTY 4572 22nd PL SW, Naples, FL 34116 ADDRESS: 7. CASE NO: CEROW20180002325 OWNER: Fortino Mendez OFFICER: Bradley Holmes 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: 8. CASE NO: CENA20210006222 OWNER: Dominick Lento and Alycia Lento OFFICER: Larry Sweet VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181 and 54-185(b). Weeds/grass in excess of 18 inches and within 30 feet of dwelling on improved estates zoned property; Litter on site including, but not limited to, trash, children’s toys, bicycles, clothing and shoes. FOLIO NO: 40184600001 PROPERTY 3775 29th AVE NE, Naples, FL 34120 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. 1. C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY FEBRUARY 4, 2022 AT 9:00 A.M. XIII. ADJOURN 2 January 7, 2022 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 9:07 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 punitive actions. Recessed: 9:15 a.m. Reconvened: 9:34 a.m. III. APPROVAL OF AGENDA Ms. Gonzalez noted the following agenda changes were made after the following cases were moved to VI – Stipulations: • Item 11 CEV20210011248 Roberto M Martinez and Olga T Martinez • Item 3 CESD20210004427 Guillermo Martinez and Fabiola Martinez Under Item VII A Hearings, the following cases were withdrawn: • Item 1. CESD20210008276 – Sharon J Saxton and Andrew Johnson • Item 2. CEV20210008890 – JVM Development Corp. • Item 4. CEAU20210009354–Travis James Hanrahan and Meredith Emery Hanrahan • Item 5. CENA20210008691 – David Jeffrey Goff • Item 6. CEV20210011350 – Darhl Ehrgott and Erin Ehrgott • Item 9. CENA20210010825 – BH Naples Investments LLC • Item 10. CESD20210008774 – Thomas A. Donahue and Debra L. Donahue • Item 13. CEAU20200013879 – Veronica Solange Docio • Item 14. CEEX20210009057-DASV21-010078 – Nicholas Garulay Under Item VIII B, Motion for Imposition of Fines and Liens, the following cases were withdrawn: • Item 5. CEV20210005345 – Richard J. Liedke • Item 8. CENA20210006222 - Dominick Lento and Alycia Lento Special Magistrate Garretson approved the agenda, as modified. IV. APPROVAL OF MINUTES The minutes of the Dec. 3, 2021, hearing were reviewed by Special Magistrate Garretson and were approved as submitted. 3 January 7, 2022 V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None C. MOTION FOR REHEARING: None VI. STIPULATIONS 11. CASE NO: CEV20210011248 OWNER: Roberto M. Martinez and Olga T. Martinez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed/inoperable vehicles being stored on the grass. FOLIO NO: 62041160002 ADDRESS: 5281 Dixie Drive, Naples, FL 34113 Investigator Asaro requested the hearing. A stipulation was entered into by Roberto Martinez on Jan. 6, 2022. Supervisor Joseph Mucha testified:  He met yesterday with Olga’s son, Roberto, and he signed the stipulation, with his mother’s knowledge.  The mother told him the vehicles belonged to her daughter, who moved away. Special Magistrate Garretson accepted the stipulation and ordered the respondents to: 1. Pay operational costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing, on or before Feb. 7, 2022. 2. Abate all violations by repairing and/or affixing a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within 30 days of this hearing (February 7, 2022), or a fine of $50 will be imposed for each day any violation continues. 3. Remove vehicle(s) parked on the front yard grass 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 30 days of this hearing (February 7, 2022), or a fine of $50 per day will be imposed until the violation is abated. 4. Notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance. 5. 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 4 January 7, 2022 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: CESD20210004427 OWNER: Guillermo Martinez and Fabiola Martinez OFFICER: Bradley Holmes 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). An unpermitted structure being used to keep fowl and dogs that does not meet setback requirements. FOLIO NO: 38281920007 ADDRESS: 5455 Sycamore Drive, Naples, FL 34119 A stipulation was entered into by Fabiola Martinez on Jan. 7, 2022. Investigator Holmes requested the hearing and represented the county. The respondent, Fabiola Martinez, was present; Guillermo is now deceased. Fredesvinda Martinez, the respondent’s mother-in-law, was present as a translator. Ms. Martinez testified that:  Her son, Guillermo, had died of cancer, leaving her daughter-in-law with a 3-year-old son who can’t walk.  She needed time to fix the violation.  Fabiola is the POA for the estate. Special Magistrate Garretson accepted the stipulation and ordered Ms. Martinez to: 1. Pay operational costs in the amount of $111.70 incurred in the prosecution of this case within 120 days of this hearing, on or before May 7, 2022. 2. Abate all violations by obtaining all required Collier County building permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy for the unpermitted animal enclosure within 120 days of this hearing (May 7, 2022) or a fine of $150 per day will be imposed until the violation is abated. 3. Notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance. (24 hours’ notice shall be by phone or fax and 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 and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 5 January 7, 2022 VII. PUBLIC HEARINGS A. HEARINGS 7. CASE NO: CEPM20210008698 OWNER: Kathryn E. Pollis OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). A screen lanai with missing screens. FOLIO: 32483680002 ADDRESS: 997 Bluebird St., Naples, FL 34104 The respondent, Kathryn Pollis, was present. Investigator Delia represented the County. • Mr. Letourneau said Ms. Pollis had requested a continuance and he received another letter from a neighbor on Dec. 31. • Ms. Pollis confirmed she was asking for a continuance and said her brother finally returned two nights ago after being sick. She said he wants to work with Code Enforcement and had gone three times to speak with Eliana, but she was still recovering from jaw and mouth surgery at the time and her brother was in the ER due to his leg. • Special Magistrate Garretson asked what she intended to do during the continuance. • Ms. Pollis said she intends to sell her house. • Special Magistrate Garretson asked if she had an offer. • Ms. Pollis said she did and just received a voicemail asking her to call about it. • Special Magistrate Garretson asked if she had a closing date. • Ms. Pollis said she’s asking the buyer to push their closing date up after receiving three offers and accepting one. She said she has a contract with a closing date in 30 days, as is, and the buyer wants to make all the repairs Code Enforcement is seeking. • Special Magistrate Garretson told her that was an offer, not a signed contract. • Ms. Pollis said she agreed to accept it. • Special Magistrate Garretson asked if anyone had passed this information on to Ms. Paterno. • Mr. Letourneau said Ms. Pollis showed him a text message from a buyer. If she’d shown me a contract, we wouldn’t be here. • Officer Delia testified that Ms. Pachopin wants to come up with a conclusion to better the community. Her frustration is the property has not been maintained. • Mr. Letourneau said the county objects to a continuance and wants to proceed with a hearing. • Ms. Pollis said she thought they agreed to postpone this. She’s been asking for the 1996 permit she’s supposedly violated. • Special Magistrate Garretson told her she would not be in violation of a 1996 permit because it would have expired. • Mr. Letourneau said the permit was for a screen enclosure in 1996-1997, but the county did not cite the permit, but cited the screen, which is in disrepair. • Ms. Pollis said she pointed out that her neighbor didn’t have a screened-in enclosure. She was told hers had to be completely screened in due to a 1996 permit. • Special Magistrate Garretson told her the violation is due to missing screens. 6 January 7, 2022 • Ms. Pollis said she didn’t have a screen closing. She said she asked to speak to the county attorney to get clarification on whether a pool screen cage top had to be screened in. She said Mr. Letourneau walked her through how to get that information from the archived records and they said they’d send it as soon as possible. She said she bought her property in January 2009 as a foreclosure. • Special Magistrate Garretson asked if there was a complete screen enclosure when she purchased it. • Ms. Pollis testified she didn’t remember but did recall replacing screens. • Code Enforcement Supervisor Eric Short testified he felt Ms. Pollis was capable of having a hearing today. • Mr. Letourneau said he advised Ms. Pollis that the county did not cite the original permit but cited the lack of screens on the enclosure. He noted that when she got her CO, that would have been part of the approval. • Special Magistrate Garretson agreed there would be no exception to that. Not having a top screen is not enclosed. There is no exception to the law. • Investigator Delia said he wanted to show her the CO. • Special Magistrate Garretson told Ms. Pollis she should look in her paperwork to determine what she did when she purchased the property. Special Magistrate Garretson denied the motion to continue the hearing. Investigator Delia testified Ms. Pollis was cited for a dilapidated structure due to a lanai with missing screens. Special Magistrate Garretson said she was in violation of housing standards and the county was asking her to replace or repair damaged and torn screens. Ms. Pollis asked if the top screen was optional. Special Magistrate Garretson said it was not. Ms. Pollis said she didn’t see why a top was necessary for a pool enclosure and noted that her community association and she don’t get along. Officer Delia testified that:  On Sept. 17, 2021, he served the respondent with a notice of violation.  The initial inspection occurred on Aug. 12, 2021, when he found overgrowth and a dilapidated structure with multiple missing screens.  On Oct. 22, 2021, he observed packages left at the home.  On Oct. 26, 2021, he called and left a message.  On Oct. 26, 2021, during a reinspection, he spoke to a man mowing her lawn, Chino, and provided him with the violation information to give to Ms. Pollis, who was not living there and was living in the Estates.  On Nov. 11, 2021, he called Ms. Pollis and left a detailed message.  On Dec. 2, 2021, during a prehearing inspection, the violation remained.  On Dec. 7, the case was continued to Jan. 7 after Ms. Pollis testified she was sick and had undergone surgery.  On Dec. 17, he called her again and left detailed information.  On Dec. 23, Ms. Pollis came to the GMD building to discuss the matter.  On Dec. 31, he received a letter from Ms. Pollis, asking to continue the hearing due to health issues. 7 January 7, 2022  On Jan. 6, 2022, the property was re-inspected and the violation remained. Evidence Entered: Exhibit A – One photo taken on Aug. 12, 2021. Composite Exhibit B – Two photos taken on Aug. 1. Composite Exhibit C – 2013 aerial showing no vegetation; 2021 aerial photo showing overgrowth taking over the lanai and pushing the screens out.  Ms. Pollis objected to Investigator Delia calling her property dilapidated. She testified it’s structurally sound. She said she obtained screen estimates and was told the structure was stable. She was unaware of the ordinance and questioned why her neighbors’ lanais did not have to be covered. She asked for substantial compliance.  Special Magistrate Garretson said Collier County doesn’t have anything for substantial compliance in its ordinances.  Ms. Pollis said she’d been here since January 2009 and had worked for a Code Enforcement attorney and was a magistrate in another state. She contended her community association and she don’t get along. She will address her community association on Monday to tell them she’s trying to sell the house. She objected to the letter she was sent because it only had first names, not full names, so she couldn’t find those people. She objected to all costs and fines and seven days, calling the short time punitive. She asked for 45 days so the new buyer could correct all the violations.  Mr. Letourneau said he would have pulled the case if she had a signed sales contract and said the county didn’t object to 45 days. Special Magistrate Garretson found the respondent IN VIOLATION of the ordinance and ordered her to pay operational costs of $111.65 within 45 days, by Feb. 21, 2022 and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy to repair the screen lanai enclosure within 45 days of this hearing (Feb. 21, 2022) or a fine of $250 per day will be imposed until the violation is abated. 2. Notifying 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: $111.65 8. CASE NO: CEPM20200007281 OWNER: W.H. Smith and Cute Smith OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Sections 22-241(1), 22-231(12)(c) and 22-231(12)(i). Several boarded 8 January 7, 2022 windows, (Expired Boarding Certificate), roof damage and some broken windows on a vacant dwelling unit. FOLIO: 24420400004 ADDRESS: 302 S. 3rd St., Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: Dec. 20, 2021 Date of Hearing Notice Property/Courthouse Posting: Dec. 20, 2021 The respondents were not present. Investigator Connetta represented the County. Evidence Entered: Composite Exhibit A – Four photos taken on July 9, 2020 Exhibit B – One photo taken on Dec. 20, 2021 Exhibit C – One photo taken on Jan. 6, 2022 Investigator Connetta testified that:  The Collier County Sheriff’s Office received a complaint on July 9, 2021.  Service occurred on July 10, and he conducted a site inspection.  His inspection noted several windows broken and boarded up and a blue tarp on the roof.  The Boarding Certificate issued on Sept. 4, 2020, expired on March 4, 2021.  A Boarding Certificate extension was issued on March 12, 2021; it expired on Sept. 15, 2021.  On Sept. 15, 2021, he contacted Romney Smith, a family member, to tell her the Boarding Certificate had expired, and she was not entitled to a third Boarding Certificate unless it was authorized by the Special Magistrate.  The violation remains and there has been no contact by the property owner.  He advised them to remove the boards, fix the windows and the roof. Finding the notice of hearing was properly served, Special Magistrate Garretson found the respondents IN VIOLATION of the ordinance and ordered them to pay $111.75 in operational costs incurred in the prosecution of this case within 30 days, by Feb. 7, 2022 and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 30 days of this hearing (February 7, 2022) for the repair of the broken windows and roof damage or a fine of $100 per day will be imposed until the violation is abated. 2. Notifying 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: $111.75 12. CASE NO: CEPM20210007913 9 January 7, 2022 OWNER: Pacifica Laurel Ridge LLC OFFICER: Jordan Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Playground in disrepair. Missing parts, spray painted graffiti and damaged parts. FOLIO: 36180080008 ADDRESS: 5396 Laurel Ridge Lane, Naples, FL 34116 The respondent, Elone Dugazon, a Pacifica Laurel Ridge property manager, was present. Code Enforcement Supervisor Cristina Perez represented the County. Evidence Entered: Composite Exhibit A – Three photos taken on July 27, 2021 Composite Exhibit B – Three photos taken on Oct. 15. Exhibit C – One photo taken on Dec. 2. Composite Exhibit D – Two photos taken on Jan. 4. Supervisor Perez testified that:  This item was withdrawn from the last hearing because it only had only one notarized signature; the property has three managers.  The playground was in disrepair, was missing parts and covered in graffiti.  A complaint was received on July 26 and the initial site inspection took place on July 27.  A reinspection took place on Oct. 15 and no progress had been made.  Pacifica Laurel Ridge LLC said they’d sought prices for repair and have a vendor to make repairs but provided no time frame. Ms. Dugazon testified that:  She recently took over as the property manager.  They’re still processing the insurance claim.  They want to remove and replace the playground at the same time.  She asked for 30 days, rather than 14 days, to complete the work. Finding the notice of hearing was properly served, Special Magistrate Garretson found the respondent IN VIOLATION of the ordinance and ordered Pacifica Laurel Ridge LLC to pay operational costs of $111.70 within 30 days, on or before Feb. 7, 2022 and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or a Demolition Permit, inspections, and Certificate of Completion/Occupancy for the repair/or replacement of the damaged playground within 30 days of this hearing (February 7, 2022) or a fine of $150 per day will be imposed until the violation is abated. 2. Notifying 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 10 January 7, 2022 the provisions of this order and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 B. EMERGENCY CASES None VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CEPM20210003356 OWNER: J.P. Morgan Chase Bank National Association OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Light/light post on sidewalk at property is not working. FOLIO NO: 23941002128 ADDRESS: 3693 Santa Barbara BLVD, Naples, FL 34104 Date of Hearing Notice by Certified Mail: Dec. 14, 2021 Date of Hearing Notice Property/Courthouse Posting: Dec. 7, 2021 The respondent was not present. Code Enforcement Supervisor Cristina Perez represented the county. Supervisor Perez testified that:  The violation was corrected on Oct. 25.  The property management company emailed to request a waiver of fines.  The property manager sent an invoice to Chase Bank on Dec. 14.  She told them how to pay online on Dec. 1, but their finance department said they had to follow their process.  They were unable to get parts, causing a delay.  A repairman was sent out to fix the sidewalk light but fixed another broken light by mistake. That light was fixed within the time frame on the Sept. 3 order and that’s why this light repair exceeded the time frame.  The second light has now been fixed. Finding the notice of hearing was properly served, Special Magistrate Garretson DENIED the county’s motion for fines and GRANTED imposition of past operational costs of $111.70, in addition to $111.85 in operational costs for the prosecution of today’s hearing and ordered the respondent to pay $223.55 or be subject to Notice of Assessment of Lien against all properties owned by the Respondent in Collier County. 11 January 7, 2022 2. CASE NO: CEPM20190002611 OWNER: Bertha S. Hall, et al OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant dwelling with roof damage and a damaged accessory structure (shed). FOLIO NO: 56403440004 ADDRESS: 209 Eustis Ave. E., Immokalee, FL 34142 The Respondent’s sister, Myrtle Perdue, was present. Investigator John Connetta represented the county. Fine Amount: $100/day Duration: 396 days (Dec. 8, 2020-Jan. 7, 2022) Total Fine Amount: $39,600 Operational Costs: $111.75 Total to Date: $39,711.75 Investigator Connetta testified that:  The violation has not been abated since Special Magistrate Garretson’s Aug. 7 order, which found it in violation.  Prior operational costs were paid. Ms. Perdue testified that:  She disagreed with the notice of compliance because the shed was moved long ago.  A contractor is working on the structural and roof damage.  She has repeatedly tried to get an application through the building process but was required to bring all materials to be inspected by the county; her family complied.  They tried to resolve it, but nothing moved forward, so they put the property up for sale due to concerns over the Code Enforcement issues and mounting fines.  Their contractor was from Miami and not familiar with Collier standards, which are stricter.  They have a sales contract with a closing on Feb. 22, 2022.  Due to all the Code Enforcement issues, the buyer asked for more time to check the fines.  The family’s attorney has been working with Collier County and the family was told that if violations were abated, the fines would be lifted.  The buyer would like to contact the permitting office.  The family will demolish the property if they don’t sell it.  The last thing they wanted to do was sell, but they opted to sell due to all the Code Enforcement issues and increasing fines.  The roofing paper was an issue and that had to be switched. 12 January 7, 2022  The insurance mediator and contractors got COVID, which caused delays, but the family still complied.  She didn’t understand why they weren’t issued a permit. Mr. Letourneau said he didn’t want to affect the house sale and the county had no objection to a reasonable continuance to facilitate the sale and to work with the buyer. He noted that the Board of County Commissioners has a provision that enables a buyer to take 30 days to correct a violation. Ms. Perdue asked if the sale went through and they needed a demolition permit, how long would that take? Mr. Letourneau said once she obtained a demolition permit and a certificate of completion, it would take a day or two. Special Magistrate Garretson CONTINUED the hearing to April 1, 2022. 3. CASE NO: CEPM20200001091 OWNER: Leonard R. Kane OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(c). Broken and/or missing roof tiles on single family dwelling unit. FOLIO NO: 80400003821 ADDRESS: 3315 Cerrito Ct., Naples, FL 34109 The respondent, Mr. Kane, was present. Investigator John Connetta represented the county. Fine Amount: $100/day Duration: 295 days (Feb. 16, 2021-Dec. 7, 2021) Total Fine Amount: $29,500 Operational Costs: $111.85 Total to Date: $29,611.85 Investigator Connetta testified that:  An order was issued on Jan. 15, 2021, OR 5908, page 972, ordering Mr. Kane to correct the violation.  The violation was abated as of Dec. 7, 2021.  Past operational costs were paid. Mr. Kane testified that:  The roof has been completed, but took a long time, not because of him, but because he assigned his rights to the construction company doing the roof work.  The insurance company sent an adjuster who was from Iowa and he had never handled a clay tile roof before.  The adjuster measured wrong and didn’t put in for an underlayment, which 13 January 7, 2022 delayed the work. Special Magistrate Garretson DENIED the county’s request to impose a fine or costs for today’s hearing. 4. CASE NO: CEV20210007608 OWNER: Stephen W. Schessler OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95 and 130-96(a). Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Multiple unlicensed/inoperable vehicles parked on the grass/dirt, commercial trailer with expired license plate and two RVs with no registration parked in rear yard. FOLIO NO: 70971000004 ADDRESS: 1216 Rosemary Lane, Naples, FL 34103 Date of Hearing Notice by Certified Mail: Dec. 14, 2021 Date of Hearing Notice Property/Courthouse Posting: Dec. 20, 2021 The respondent was not present. Investigator Ryan Cathey represented the county. Part C of the Order Fine Amount: $50 per day Duration: 67 days (Nov. 2, 2021, to Jan. 7, 2022) Total Fine Amount: $3,350 Part D of the Order Fine Amount: $50 per day Duration: 67 days (Nov. 2, 2021, to Jan. 7, 2022) Total Fine Amount: $3,350 Previously Assessed Operational Costs: $111.70 Operational Costs for today’s hearing: $111.90 Total Amount to date: $6,923.60 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 $6,923.60. That amount will become a lien on the property, with fines continuing to accrue. 6. CASE NO: CENA20210007316 OWNER: Garland Campbell and Paul Saunders OFFICER: Cristina Perez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-185(a). Collier County 14 January 7, 2022 Land Development Code 04-41, as amended, Section 2.02.03. Weeds/grass exceeding 18 inches in height on residential property, and litter and outdoor storage consisting of, but not limited to, lumber, indoor furniture and a plastic container stored on the property. FOLIO NO: 35741240000 ADDRESS: 4572 22nd Place SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: Dec. 14, 2021 Date of Hearing Notice Property/Courthouse Posting: Dec. 15, 2021 The respondents were not present. Supervisor Perez represented the county. Part D of the Order Fine Amount: $100 per day Duration: 34 days (Sept. 11, 2021, to Oct. 14, 2021) Total Fine Amount: $3,400 Part E of the Order Fine Amount: $100 per day Duration: 34 days (Sept. 11, 2021, to Oct. 14, 2021) Total Fine Amount: $3,400 Clear and Mow Abatement Costs incurred by the County: $3,690 has not been paid. Previously Assessed Operational Costs: $111.70 has not been paid. Operational Costs for today’s hearing: $111.80 Total Amount to date: $10,713.50 Finding the Notice of Hearing was properly served, the Special Magistrate DENIED the County’s motion for fines due to abatement and GRANTED the County’s motion for costs for a total amount due of $3,913.50. That amount will become a lien on the property. 7. CASE NO: CEROW20180002325 OWNER: Fortino Mendez OFFICER: Bradley Holmes 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 ADDRESS: 3610 White Blvd., Naples, FL 34117 The respondent, Mr. Mendez, was present. Investigator Bradley Holmes represented the county. 15 January 7, 2022 Fine Amount: $100.00/day Duration: 368 days (Nov. 3, 2020-Sept. 3, 2020 and Nov. 6, 2021-Jan. 7, 2022) Total Fine Amount: $36,800 Operational Costs: $111.80 Total to Date: $36,911.80 Investigator Holmes testified that:  An order of violation was issued on Oct. 2, 2020, which found Mr. Mendez in violation.  The hearing on June 4, 2021, was continued to July 2, 2021.  The hearing on July 2, 2021, was continued to Nov. 5, 2021, and suspended accrual of fines for 60 days.  The hearing on Nov. 5, 2021, was continued to today, Jan. 7, 2022.  The violations have not been abated.  Fines continue to accrue.  Past operational costs of $111.70 were paid. Mr. Mendez testified that:  He completed the required work and the inspector came to his home to confirm that.  They had an issue with the permit extension about eight weeks ago and it wasn’t showing up in the system.  He called Tuesday and they confirmed it was not in the system.  He showed Investigator Holmes his paid permit receipt to prove it.  He contended it wasn’t his fault and was told he would have to personally check why it’s not in the system.  He totally forgot to go there to check it.  The next day, he spoke with Tammy, who handles rights-of-way, to find out why.  This morning, an inspector came to check the work, but it’s not in the system yet.  The last time the property failed, there were only a few things cited, including grass.  He has photos to show the work is now complete. Investigator Holmes testified that an extension was processed on Nov. 19 5. Mr. Letourneau noted this case had taken an unusual amount of time and asked if there had been an error on the county’s side. Investigator Holmes testified that the error was corrected on Jan. 6. Mr. Letourneau noted that the driveway was completed and he would not object to a one-month continuance to get this all completed. He said he would withdraw the case until the next hearing date, when he hoped everything would be done and asked that no more extensions be allowed and that fines be imposed if work isn’t completed. He noted the case was opened in 2018. Special Magistrate Garretson urged Mr. Mendez to complete all work and paperwork. January 7, 2022 A recess was called at 11:42 a.m. Court resumed at 12:06 p.m. IX. OLD BUSINESS 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 REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. Granted C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION 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. XI REPORTS None XII. NEXT MEETING DATE: Friday, Feb. 4, 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 12:28 p.m. COLLIER COUNTY SPECIAL MAGISTRATE HEARING .40210 Bren.a C. Garretson, Sp- '. agistrate The minutes wee approved by the Special Magistrate on febr v 2Qd o2, , as presented, V,or as amended 16