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CESM Minutes 04/01/2022 April 1, 2022 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, April 1, 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, Manager of Inspectors Helen Buchillon, Code Enforcement Administrative Secretary Elena Gonzalez, Code Enforcement Specialist April 1, 2022 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 9:15AM. 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 their Investigating Officers for a Resolution by Stipulation. The goal is to obtain compliance without being punitive. Recessed: 9:27 a.m. Reconvened: 9:50 a.m. III. 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 VI – Stipulations  Item #25; CESD20180010718; Jessica Y and Saul A Grimaldo  Item #22; CESD20200005998; Gilverto Villagomez Rosas and Rosa Maria Lopez Cruz  Item #27; CEPM20200008620; Richard J and Sheris Takala  Item #21; CESD20210002697; Charles G and Danna L Simmons  Item #2; CEEX20220000832-PU6238; TOLL FL XIII LIMITED PARTNERSHIP  Item #3; CEEX20220000833-PU6239; TOLL FL XIII LIMITED PARTNERSHIP  Item #18; CESD20190005229; Jean Wilner Dorlis and Orriane Dorlis  Item #6; CASE NO: CEPM20220000877; Gretchen L Saunders Item #5; CEPM20210009903; RADIO ROAD PLAZA INVESTMENTS LLC Under Item VII.A– Hearings, the following cases were withdrawn:  Item #1; CEEX20220001920-PR063711; Laskau  Item #7; CENA20210012617; Junior Desir  Item #8; CEV20210012619; Junior Desir  Item #9; CEV20220000220; Marie Casimir  Item #12; CEPM20200008860; VILLAGES AT STELLA MARIS MASTER ASSOC INC  Item #13; CENA20210008686; 10FINANCIAL LLC  Item #14 CEROW20200007860; Robert P Richman  Item #15; CESD20210006496; 11750 RIGGS RD LLC  Item #16; CEROW20200012534; 11750 RIGGS RD LLC  Item #23; CENA20220000702; Beaumanoir Desrosiers and Eddyge Charles  Item #26; CEV20220001165; CAPRI MOTOR LODGE A CONDOMINIUM ASSOC INC Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:  Item #1; CEPM20190002611; Bertha S Hall ET AL April 1, 2022 3  Item #3; CEV20210005786; CLC OF NAPLES LLC  Item #9; CEROW20170015842; Elizabeth Fox Special Magistrate Garretson approved the Agenda as modified IV. APPROVAL OF MINUTES The minutes of the March 4, 2021 and March 18, 2022 hearings were reviewed by Special Magistrate Garretson and approved as submitted. V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS 25. CASE NO: CESD20180010718 OWNER: Jessica Y Grimaldo and Saul A Grimaldo OFFICER: John Connetta VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). New structure installed on the property prior to obtaining all required Collier County Building permits, inspections and Certificate of Completion/Occupancy. FOLIO NO: 66882480002 PROPERTY ADDRESS: 334 S 8th ST, Immokalee, FL 34142 Officer Connetta requested the hearing. The Stipulation was entered into by Saul and Jessica Grimaldo on March 30, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain Certificate of Occupancy/Completion by July 1, 2022 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 22. CASE NO: CESD20200005998 OWNER: Gilverto Villagomez Rosas and Rosa Maria Lopez Cruz OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 0.02.06(B)(1)(a). Observed new roof on improved Agriculture parcel with no Collier County building permit. April 1, 2022 4 FOLIO NO: 00337840001 PROPERTY ADDRESS: 1840 Washburn AVE, Naples, FL 34117 Officer Migal requested the hearing. The Stipulation was entered into by Gilverto Villagomez Rosas and Rosa Maria Lopez Cruz on March 29, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion for the unpermitted re- roofing by July 1, 2022, or a fine of $150.00 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 27. CASE NO: CEPM20200008620 OWNER: Richard J Takala and Sheris Takala OFFICER: Rickey Migal VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(12)(c). Blue tarp in place on principal structure. FOLIO NO: 37995320004 PROPERTY ADDRESS: 3894 11th AVE SW, Naples, FL 34117 Officer Migal requested the hearing. The Stipulation was entered into by Richard J. Takala on March 28, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion for repair/replacement of the house roof in disrepair by June 1, 2022, or a fine of $150.00 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 April 1, 2022 5 21. CASE NO: CESD20210002697 OWNER: Charles G Simmons and Danna L Simmons OFFICER: Jordann Marinos VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 4, Section 454.2.17. Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Inground swimming pool with no permanent protective barrier. FOLIO NO: 35994360009 PROPERTY ADDRESS: 2755 46th ST SW, Naples, FL 34116 Officer Marinos requested the hearing. The Stipulation was entered into by Charles Simmons on March 30, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Install temporary pool barrier and maintain secured until a permanent barrier is installed by April 8, 2022 or a fine of $150.00 per day will be imposed until the violation has been abated. 3. Obtain all required Collier County Building Permit(s), Inspections and Certificate of Completion/Occupancy for installation of an approved pool enclosure/protective barrier by June 1, 2022, or a fine of $150.00 per day will be imposed until the violation has been abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 2. CASE NO: CEEX20220000832-PU6238 OWNER: TOLL FL XIII LIMITED PARTNERSHIP OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Sections 134-74(N) and 134-74(Q). Water hose directly connected to curb stop, without meter or backflow preventer assembly installed. Unlawful Connection Prohibited and No Free Service. FOLIO NO: 21800011401 PROPERTY ADDRESS: 14680 Kingfisher Loop, Naples, FL 34120 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent representative Gary Harvell on March 22, 2022. 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 $1,500.00 for a total amount due of $1,555.00 payable before May 1, 2022. Total Amount Due: $1,555.00 3. CASE NO: CEEX20220000833-PU6239 April 1, 2022 6 OWNER: TOLL FL XIII LIMITED PARTNERSHIP OFFICER: Olti Sefa VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article III, Section 134- 62, 1.9 Utilities Standard Manual. Illegal tampering of Collier County owned backflow/RPZ. Back-leg of backflow assembly has been completely removed off, as assembly tampered with. FOLIO NO: 21800011249 PROPERTY ADDRESS: 14648 Kingfisher Loop, Naples, FL 34120 Officer Sefa requested the hearing. The Stipulation was entered into by the Respondent representative Gary Harvell on March 22, 2022. 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 $1,500.00 for a total amount due of $1,555.00 payable before May 1, 2022. Total Amount Due: $1,555.00 18. CASE NO: CESD20190005229 OWNER: Jean Wilner Dorlis and Orriane Dorlis OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Permit PRBD20180953285 for a new open porch on existing slab was expired. FOLIO NO: 77390001344 PROPERTY ADDRESS: 13452 Covenant RD, Naples, FL 34114 Officer Collier requested the hearing. The Stipulation was entered into by Orriane Dorlis on April 1, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion for the porch by August 1, 2022, 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 6. CASE NO: CEPM20220000877 OWNER: Gretchen L Saunders OFFICER: Stephen Athey April 1, 2022 7 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(11). Occupied dwelling without a County approved source of electricity. FOLIO NO: 69811480009 PROPERTY ADDRESS: 88 Twin Palms DR, Naples, FL 34114 Officer Athey requested the hearing. The Stipulation was entered into by Gretchen Saunders on April 1, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Completion for all repairs to restore electricity to the dwelling from a County approved source by May 1, 2022, or a fine of $250.00 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 5. CASE NO: CEPM20210009903 OWNER: RADIO ROAD PLAZA INVESTMENTS LLC OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 240(1)(b). Damaged exterior support column from vehicle collision. FOLIO NO: 62360120008 PROPERTY ADDRESS: 6026 Radio RD, Naples, FL 34104 Officer Athey requested the hearing. The Stipulation was entered into by the Respondent’s representative Antonio Brown on April 1, 2022. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Completion for all repairs to the structure support by June 1, 2022, or a fine of $250.00 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 April 1, 2022 8 VII. PUBLIC HEARINGS A. HEARINGS 17. CASE NO: CESD20210006463 OWNER: Ramon S Silva and Geisy Rodriguez Morales OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted installation of windows in an Estates zoned property. FOLIO NO: 45853160000 PROPERTY ADDRESS: 861 16th AVE SW, Naples, FL 34117 Mr. Silva was present. Officer Migal presented the case. Evidence entered: Composite Exhibit A: 3 photos dated 12/3/21 Composite Exhibit B: 2 photos dated 3/31/22 Exhibit C: Building Official’s determination He testified:  On 6/1/21 he visited the property and found 4 windows replaced without a permit.  The owner applied for the permit for the 4 windows the next day and to also replace the 7 remaining windows in the home.  On 1/2/22, the permit expired and the owner notified him he did not want to renew the permit until the new windows are delivered. Mr. Silva testified he purchased the property with broken windows and obtained a permit to replace them. The manufacturer cannot deliver the windows until July 29th and he requested additional time to abate the violation by replacing 11 windows in total. Special Magistrate Garretson found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 of incurred in the prosecution of this case by May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required Inspections and Certificate of Occupancy/Completion for the unpermitted installation of windows to the single-family home by October 1, 2022, or a fine of $150.00 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 19. CASE NO: CEROW20220001629 OWNER: Philip J Barber Jr and Anthony J Milcarsky OFFICER: Adam Collier VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Collier County Land Development Code 04-41, as amended, Section April 1, 2022 9 10.02.06(B)(1)(e)(i). Driveway work conducted without a required Collier County right-of-way permit. FOLIO NO: 70066320000 PROPERTY ADDRESS: 53 San Remo CIR, Naples, FL 34112 Philip Barber was present. Officer Collier represented the County. Evidence Entered: Exhibit A: Aerial photo of the property Composite Exhibit B: 3 photos with determination by the Building Official Exhibit C: Email from the County Engineer Exhibit D: Copy of rejected permit for the work in the right of way He testified:  The violation involves repairs to an existing concrete driveway without obtaining the necessary permit.  A permit application for the work in the right of way to repair the driveway was reviewed by the County and corrections to the plans were required.  The corrections were submitted by the owner which were rejected by the County as there is not the 12 inches of material placed over the culvert.  The violation remains as of 3/31/22. Mr. Barber testified:  The driveway was damaged at the entrance to the property, and he received a violation notice from the homeowner’s association and requested to repair the driveway.  He obtained a permit from the Association and located a contractor, and the repairs were completed to the driveway.  After the work was completed, he was notified to obtain a County permit which was rejected because there was not 12 inches of material covering the culvert.  The driveway and culvert are in better condition than others in the neighborhood and the County can approve less cover over the pipe, however to date has not been able to obtain a waiver due to a vacancy in a County Staff position.  The driveway does not affect public traffic and to conform to the 12-inch cover standard would require tearing out the work already completed.  He is seeking avenues to abate the violation including further consultations with County Staff, the manufacturer of the culvert, etc. to determine a solution to the issue.  He requested relief from the Special Magistrate. Manager Letourneau noted the situation may have been avoided if the contractor who completed the work obtained a permit prior to initiating the repairs. Special Magistrate Garretson CONTINUED the case until December 1, 2022. . Break: 11:23am Reconvened: 11:30am VIIL NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 4. CASE NO: CENA20210005790 OWNER: Robert E Cadenhead Et Ux April 1, 2022 10 OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181. Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter and outdoor storage consisting of, but not limited to, wood, building materials, metal and plastic. FOLIO NO: 74413240001 PROPERTY ADDRESS: 3415 Cherokee ST, Naples, FL 34112 Supervisor Mucha represented the County reporting the violation has been abated but not in the prescribed timeframe amassing fines and costs in the amount of $11,711.80. Mr. Cadenhead reported the property was his fathers who has passed away and he cleaned up the debris as soon as he could. Special Magistrate Garretson noting the violation was abated, DENIED the County’s Motion for Imposition of Fines and Liens. 5. CASE NO: CELU20210004297 OWNER: I E C RENTALS INC OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 1.04.01(A). Storage containers and/or a dumpster being stored on an unimproved property with no active building permit on file in Collier County. FOLIO NO: 74414080008 PROPERTY ADDRESS: No Site Address, Naples, FL 34112 Supervisor Mucha represented the County reporting the violation has not been abated amassing fines and costs in the amount of $11,811.75. Robert Cadenhead, owner of IEC Rentals, Inc. was present and requested additional time to abate the violation as items in good condition salvaged from the property discussed in the previous case are stored in the trailer. Supervisor Mucha had no objection to the request. Special Magistrate Garretson CONTINUED the case until August 1, 2022. 6. CASE NO: CEV20210011248 OWNER: Roberto M Martinez and Olga T Martinez OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Unlicensed and inoperable vehicles being stored and parked on grass on residential property. FOLIO NO: 62041160002 PROPERTY ADDRESS: 5281 Dixie DR, Naples, FL 34113 Supervisor Mucha represented the County reporting the violation has been abated however not in the prescribed time frame amassing fines and costs in the amount of $5,523.50. Roberto Martinez was present. Special Magistrate Garretson notified Mr. Martinez if Operational Costs due for the case in the amount of $111.70 are paid by the April 1, 2022, no fines will be imposed. April 1, 2022 11 7. CASE NO: CESD20210004854 OWNER: Francius Boileau OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A shed was built on the property without a building permit. FOLIO NO: 55254520006 PROPERTY ADDRESS: 133 Palmetto Dunes CIR, Naples, FL 34113 Supervisor Mucha represented the County reporting the violation has been abated but not in the prescribed timeframe amassing fines and costs in the amount of $9,011.80. Frances Boileau was present. Special Magistrate Garretson noting the violation was abated, DENIED the County’s Motion for Imposition of Fines and Liens. 8. 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). A playground and its equipment in disrepair with missing parts of its equipment, spray-painted graffiti and parts of the playground in damaged condition. FOLIO NO: 36180080008 PROPERTY ADDRESS: 5396 Laurel Ridge LN, Naples, FL 34116 Officer Marinos represented the County reporting the violation has not been abated but not in the prescribed timeframe amassing fines and costs in the amount of $8,173.95. Elone Bagazon, Property Manager represented the Respondent noting the community houses many children and the intent was to repair the playground however they are having issues finding parts for the work. The intent now is to seek a demolition permit to remove the equipment. She requested additional time to abate the violation. Special Magistrate Garretson notified Ms. Bagazon if Operational Costs in the amount of $111.70 are paid by April 8, 2022, the case will be CONTINUED until July 1, 2022. VIII. PUBLIC HEARINGS (Continued) B. HEARINGS 4. CASE NO: CENA20210011108 OWNER: Lenny Mujica OFFICER: Michele McGonagle 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 54-179, 54-181 and 54-185(b). Weeds over 18 inches high within 30 feet of the house. Also, litter consisting of, but not limited to, toilets, car parts, pipes, buckets, propane tanks, tools and paper throughout the property. FOLIO NO: 41345360008 PROPERTY ADDRESS: 2960 30th AVE SE, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 3/15/22 Date of Hearing Notice Property/Courthouse Posting: 3/11/22 Officer McGonagle presented the case. April 1, 2022 12 The Respondent was not present. Evidence entered: Composite Exhibit A: 6 photos dated 10/28/21 Composite Exhibit B: 4 photos dated 11/9/21 Composite Exhibit C: 2 photos dated 3/31/22 The violation remains as of April 1, 2022. Finding the Notice of Hearing was properly served, 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 May 1, 2022. 2. Remove all unauthorized accumulation of litter consisting of, but no limited to toilets, car parts, pipes, buckets, propane tanks, tools, paper and all other items not permitted for outside storage to a site designated for such use or store items within a completely enclosed structure by May 1, 2022 or a fine of $50.00 per day will be imposed until the violation has been abated thereafter. 3. Must mow or cause to mow all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches in height located within thirty (30) feet of any residential structure up to any lot line, to a height of less than six (6) inches by May 1, 2022 or pay a fine of $50.00 until the violation is abated. 4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 10. CASE NO: CEV20210013037 OWNER: Ryan Read and Lindsey Read OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Vessel (on a trailer) parked/stored in the front yard on improved occupied residential property. FOLIO NO: 62572800006 PROPERTY ADDRESS: 672 110th AVE N, Naples, FL 34108 Date of Hearing Notice by Certified Mail: 3/15/22 Date of Hearing Notice Property/Courthouse Posting: 3/10/22 Officer Lopez-Silvero presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 12/23/21 Exhibit B: 1 photo dated 3/31/22 The violation remains as of April 1, 2022. April 1, 2022 13 Finding the Notice of Hearing was properly served, 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 May 1, 2022. 2. Remove all recreational vehicles/equipment to an enclosed structure, or the rear yard, or to an area designated for such use by April 8, 2022 or a fine of $50.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 11. CASE NO: CEV20220000047 OWNER: Nicholas Ballo OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed/inoperable vehicle on improved residential property. FOLIO NO: 62411280004 PROPERTY ADDRESS: 807 108th AVE N, Naples, FL 34108 Date of Hearing Notice by Certified Mail: 3/15/22 Date of Hearing Notice Property/Courthouse Posting: 3/10/22 Officer Lopez-Silvero presented the case. The Respondent was not present. Evidence entered: Composite Exhibit A: 3 photos dated 1/4/22 Exhibit B: 1 photo dated 3/31/22 The violation remains as of April 1, 2022. Finding the Notice of Hearing was properly served, 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 May 1, 2022. 2. Obtain and affix a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure and/or repairing defects so vehicle is immediately operable or remove offending vehicle from residentially zoned area by April 8, 2022 or a fine of $50.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 April 1, 2022 14 20. CASE NO: CEROW20200008888 OWNER: James D Dandridge and Jaimie S Dandridge OFFICER: Jordann Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Expired right-of-way permit. FOLIO NO: 38222000009 PROPERTY ADDRESS: 6171 Cedar Tree LN, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 3/15/22 Date of Hearing Notice Property/Courthouse Posting: 3/8/22 Officer Marinos presented the case. The Respondent was not present. Evidence entered: Exhibit A: 1 photo dated 8/18/22 Exhibit B: 1 photo dated 3/31/22 The violation remains as of April 1, 2022. Finding the Notice of Hearing was properly served, 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 May 1, 2022. 2. Obtain all required Collier County Right-Of-Way permits and Inspections through final approval and/or remove all offending materials from the right-of-way for any activity not permitted with a valid Collier County Right-Of-Way permit by May 1, 2022 or a fine of $100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 24. CASE NO: CEPM20210011307 OWNER: Vito M Mancini and Carrie L Mancini OFFICER: Steven Lopez-Silvero VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 4, Sections 454.2.17.1 through 454.2.17.3. An existing unsecured swimming pool in the rear yard on improved residential property. FOLIO NO: 62428960003 PROPERTY ADDRESS: 770 111th AVE N, Naples, FL 34108 Date of Hearing Notice by Certified Mail: 3/17/22 Date of Hearing Notice Property/Courthouse Posting: 3/18/22 Officer Lopez-Silvero presented the case. The Respondent was not present. April 1, 2022 15 Evidence entered: Composite Exhibit A: 2 photos dated 11/1/21 Exhibit B: 1 photo dated 12/7/21 Exhibit C: 1 photo dated 12/20/21 Exhibit D: 1 photo dated 3/16/22 The violation remains as of April 1, 2022. Finding the Notice of Hearing was properly served, 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 May 1, 2022. 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion for an approved pool barrier by August 1, 2022, or a fine of $200.00 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 VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CEPM20200007281 OWNER: W H Smith and Cute Smith OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-241(1), 22-231(12)(c) and 22-231(12)(i). Several boarded windows with an expired Boarding Certificate, some broken windows and roof damage on a vacant dwelling unit. FOLIO NO: 24420400004 PROPERTY ADDRESS: 302 S 3rd ST, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: 3/16/22 Date of Hearing Notice Property/Courthouse Posting: 3/9/22 The Respondent was not present. Officer Connetta presented the case noting the violation has not been abated. Special Magistrate Order: No. 6090 Page: 718 Fine Amount: $100.00/day Duration: 53 days Total Fine Amount: $5,300.00 Total to Date: $5,411.75 April 1, 2022 16 Finding the Notice of Hearing was properly served, Special Magistrate Garretson GRANTED the County’s Motion for Imposition of Fines for a total amount due of $5,411.75. Said amount to become a lien on the property with fines continuing to accrue. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 28. CASE NO: CEEX20220002023-DASV22-011445 (THIS ITEM TO BE HEARD AT 12:00pm) OWNER: Jayro Perez OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large violation; Fifth (5th) offense; “Lucy”. FOLIO NO: PROPERTY ADDRESS: 22nd ST NE, Naples, FL 34120 Officer Martinez represented the County noting this is the 5th offense and an appearance before the Special Magistrate is mandatory. She recommended a fine $350 - $500 be imposed for the offense. Mr. Perez testified he installed an electric fence to restrict the dog’s movements to the property but she still manages to run at large. He has decided to install a fence in the yard, he was going to begin the project this weekend as he was unaware there was a hearing today. Manager Letourneau noted a permit would be required to install a fence. The application requirements are minimal, and a permit should be able to be obtained in short order. Special Magistrate Garretson CONTINUED the case until June 1, 2022. B. EMERGENCY CASES None 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. 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. Special Magistrate Garretson reviewed the cases cited in the Executive Summary and GRANTED the County’s Request. 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. April 1, 2022 XI. REPORTS None XII. NEXT MEETING DATE—MAY 6, 2022 at 9:00am There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:55PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING 440/Bre l a C,.GG{ar�,retson, ecial Magistrate The Minutes were approved by the Special Magistrate on A 1 90.9A , as presented ti or as amended 17