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CESM Minutes 06/03/2022 June 3, 2022 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 3, 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 Patrick H. Neale ALSO PRESENT: Michael Ossorio, Code Enforcement Director Jeff Letourneau, Manager of Inspectors Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Administrative Secretary June 3, 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 PATRICK H. NEALE PRESIDING The Honorable Special Magistrate Patrick H. Neale called the Hearing to order at 9:00 AM. 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 County’s goal is to obtain compliance without being punitive. Recessed: 9:13 a.m. Reconvened: 9:26 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: 10. CASE NO: CESD20210013242 - NOVAK SEVEN LLC 13. CASE NO: CESD20210002032 - Fabricio Fernandez and Allison J Fernandez Under Item VII.A– Hearings, the following cases were withdrawn: 1. CASE NO: CEEX20220003395-PR063466 - James D Sullivan 2. CASE NO: CEROW20220004076-CO00141; Go Cats On The Water, LLC 3. CASE NO: CEPM20220001649 - Kirill Guminskiy, 16TH AVENUE ACRES LLC, ADVANCED TITAN INC and Sergey Makhotkin 6. CASE NO: CESD20220001072 - Hubert M Parra Guerrero and Judith Susvila Santana 7. CASE NO: CENA20220001474 - Kenneth C Craig 8. CASE NO: CEV20220002474 - Margaret Urban and Tracy S Barber 9. CASE NO: CEPM20210007525 - PACIFICA ARBOUR WALK LLC 11. CASE NO: CESD20220000972 - RIDGEPORT LIMITED PARTNERSHIP 12. CASE NO: CESD20220000786 - BR CARROLL NAPLES LLC 17. CASE NO: CENA20220002994 - Martine Jean Baptiste and Ronitene Thelemaque 18. CASE NO: CEV20220003248 - Brenda Soto Under VIII.B – Motion for Imposition of Fines, the following cases were withdrawn: 1. CASE NO: CEPM20220000877 - Gretchen L Saunders 4. CASE NO: CEV20210012352 - Maria Clothilde Osorio 5. CASE NO: CEV20210012414 - Maria Clothilde Osorio 6. CASE NO: CEV20210013037 - Ryan Read and Lindsey Read Special Magistrate Neale approved the Agenda as amended. IV. APPROVAL OF MINUTES June 3, 2022 3 Special Magistrate Neale approved the minutes of the May 6, 2022 hearing. He noted the approval was based on information he received from those present at the meeting as he assumed the position of Special Magistrate beginning with today’s hearing. V. MOTIONS A. MOTION FOR CONTINUANCE 5. CASE NO: CENA20220001186 OWNER: Julio Garcia OFFICER: Jonathan Musse 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, Section 54-179. Litter and/or outside storage consisting of, but not limited to, large amounts of tools, car parts, wood, plastics and metals located in the front and rear of the property. FOLIO NO: 62264080008 PROPERTY ADDRESS: 5305 Trammel ST, Naples, FL 34113 Special Magistrate Neale GRANTED Mr. Garcia’s Motion for Continuance as requested by his attorney. B. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS 10. CASE NO: CESD20210013242 OWNER: NOVAK SEVEN LLC OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior alterations, wall removal and electrical, without required Collier County permits, inspections and certificate of completion. FOLIO NO: 68987000042 PROPERTY ADDRESS: 2011 Trade Center WAY, Naples, FL 34109 Manager Letourneau requested the hearing. The Stipulation was entered into by Mike Novak on June 2, 2022. Special Magistrate Neale 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 July 3, 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 electrical work and wall removal on or before 60 calendar days from the date of this hearing (August 2, 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 June 3, 2022 4 13. CASE NO: CESD20210002032 OWNER: Fabricio Fernandez and Allison J Fernandez OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted enclosure of open porch. Alterations consisting of, but not limited to, windows, doors and walls erected to structure. FOLIO NO: 36457240005 PROPERTY ADDRESS: 5472 32nd AVE SW, Naples, FL 34116 Officer Marinos requested the hearing. The Stipulation was entered into by Fabricio Fernandez on June 3, 2022. Special Magistrate Neale 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 July 3, 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 enclosure of the open porch on or before 90 calendar days from the date of this hearing (September 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 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 9. CASE NO: CEROW20210000627 OWNER: Kanokwan C Thammasen 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, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Culvert pipe and dirt added in the right of way without obtaining required Collier County permits. FOLIO NO: 41442960000 PROPERTY ADDRESS: 4344 32nd AVE SE, Naples, FL 34117 Nikita Kravcik, husband of the Respondent was present. Officer Collier and Supervisor Ambach represented the County noting the violation has not been abated. Special Magistrate Order: No. 6123 Page: 2903 Fine Amount: $100.00/day Duration: 60 days Total Fine Amount: $6,000.00 Unpaid Operational Costs: $111.80 Total to Date: $6,111.80 June 3, 2022 5 Mr. Kravcik testified his permit to construct the driveway was denied by the County as the land is wet and requires additional permitting. He’s applied for the approvals required for the construction at the Fort Myers office (Florida Department of Environmental Protection) and is awaiting a determination. Supervisor Ambach noted a stipulation was reached with Code Enforcement at the March 4, 2022, Special Magistrate meeting however the terms were not met. The application for the driveway permit is in rejection status and the County is concerned the swale has been filled in without a culvert, blocking drainage in the event of a storm. Mr. Kravcik reported a culvert has been installed, however the County has notified him concrete headwalls are required and he is awaiting permits before undertaking the work. Manager Letourneau stated the County had no objection to continuing the case. Special Magistrate Neale CONTINUED the case for a period of 60 calendar days (August 2, 2022). 2. CASE NO: CESD20210005896 OWNER: Esteban Ramirez Jr, Isikel Ramirez and Francisca Ramirez OFFICER: John Connetta VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Non-permitted roof-over on an existing mobile home and a non-permitted covered front porch erected on improved occupied residential property. FOLIO NO: 62600008 PROPERTY ADDRESS: 5010 Lake Trafford RD, Immokalee, FL 34142 Esteban Ramirez, Jr. was present. Officer Connetta represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6090 Page: 677 Fine Amount: $200.00/day Duration: 30 days Total Fine Amount: $6,000.00 Unpaid Operational Costs: $111.85 Total to Date: $6,111.85 Mr. Ramirez, Jr. testified he inherited the violation and paid a contractor to demolish the property in question, however a permit was not obtained for the work. He requested time to obtain the necessary permits for the demolition work. Officer Connetta did not object to a Continuance. Special Magistrate Neale CONTINUED the case until August 3, 2022. 7. CASE NO: CEPM20190013727 OWNER: TRAIL ACRES HOLDINGS LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof over the garage is dilapidated and caved in. FOLIO NO: 77212880009 PROPERTY ADDRESS: 112 4th ST, Naples, FL 34113 Stanley Lieberfarb, owner of the LLC was present. June 3, 2022 6 Officer Marchand presented the case testifying the violation has been abated, but not in the prescribed timeframe. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/13/22 Special Magistrate Order: No. 5746 Page: 3602 Fine Amount: $100.00/day Duration: 577 days Total Fine Amount: $57,700.00 Unpaid Operational Costs: $111.85 Total to Date: $57,811.85 Mr. Lieberfarb testified he acquired the property with the existing violations and abated them. Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens. 8. CASE NO: CEV20210011830 OWNER: Fortino Mendez OFFICER: Rickey Migal VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and/or inoperable vehicles stored on estates zoned property. FOLIO NO: 37987760009 PROPERTY 3610 White BLVD, Naples, FL 34117 Mr. Mendez was present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/18/22 Officer Migal presented the case testifying the violation has not been abated. Special Magistrate Order: No. 6123 Page: 2975 Fine Amount: $100.00/day Duration: 77 days Total Fine Amount: $7,700.00 Unpaid Operational Costs: $111.80 Total to Date: $7,811.80 Mr. Mendez was present and testified: • He obtained a business license for the property and has registered and insured all the vehicles in question. • Some of the vehicles on site are inoperable, however at least one only needs a battery installed. • He intends to construct a building at the rear of the property to store vehicles and other items. • He requested additional time to abate the violation. Manager Letourneau testified there are 6 inoperable vehicles on site. The property has been the subject of numerous violations over past years including complaints by neighbors and County Commissioners. He object to the granting of any Extension of Time or Continuance of the case. Special Magistrate Neale noted Mr. Mendez admitted to the violation and entered into a Stipulation to abate it without complying. Although he did register and insure the vehicles, they are not operable and has had ample time resolve the matter. June 3, 2022 7 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines for a total amount due of $7,811.80. Said amount to become a lien on the property with fines continuing to accrue. Sepcial Magistrate Neale notified Mr. Mendez if he abates the violation within 30 days, he may return to the forum and request a waiver and reduction of the fines, a request he would consider. Upon a review of the previous order, Special Magistrate Neale noted the measures required to abate the violation included “Repairing and/or affixing a current valid license plate to each vehicle in violation.” Mr. Mendez has complied with the Order by registering and insuring the vehicles in question. Based on this information, Special Magistrate Neale withdrew the prior Order and DENIED the County’s Motion for Imposition of Fines and Liens. VII. PUBLIC HEARINGS A. HEARINGS 4. CASE NO: CEV20220000873 OWNER: Marco A Olide Hernandez and Leslie A Olide OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(4) and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Commercial vehicle parked on this residentially zoned property and a pickup truck parked on the grass. FOLIO NO: 62091480004 PROPERTY ADDRESS: 5229 Martin ST, Naples, FL 34113 The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/13/22 Date of Hearing Notice Property/Courthouse Posting: 5/17/22 Officer Musse represented the County. Evidence Entered: Composite Exhibit 1: 1 photo for each of the following dates: 1/26/22; 3/4/22; 3/13/22; 3//9/22; 3/11/22; 3/17/22; 3/18/22; 3/16/22; 5/31/22. Officer Musse testified the property has been the subject of an ongoing investigation with vehicles parked on the grass in violation of the Ordinance. Periodic site visits confirm the violations and the commercial vehicle has not been observed on site recently, but a truck was seen parked on the grass on May 31, 2022. Special Magistrate Neale, finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by July 3, 2022. 2. Storing commercial vehicle(s)/equipment within a completely enclosed structure in the rear yard vegetatively screened and conceal from all views or remove offending vehicle(s)/equipment from residentially zoned property and remove any vehicles 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 June 3, 2022 8 the front yard for parking by June 10, 2022 or a $100.00 per day fine 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 and may become a lien on the property. Total Amount Due: $111.70 14. CASE NO: CESD20220001819 OWNER: O-ZONE INVESTMENTS USA LTD OFFICER: John Connetta VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.13(F). Sierra Meadows Lot 7 PUD failed to submit their required PUD Monitoring Report. FOLIO NO: 73620100647 PROPERTY ADDRESS: No Site Address, Naples, FL 34113 The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice for Courthouse Posting: 5/17/22 Officer Connetta and Laurie Beard of PUD Monitoring represented the County and testified: • The address for the Notice of Hearing was obtained from the Collier County Appraiser and State of Florida “Sunbiz” records. • The PUD Monitoring Report was due on December 31, 2021, and a 30 day extension was granted. • Upon no receipt of a report, the case was forwarded to Code Enforcement for action. Special Magistrate Neale, finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case by July 3, 2022. 2. Submit one completed copy of the PUD Annual Monitoring Report form and one executed affidavit by June 18, 2022 or a $100.00 per day fine 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 and may become a lien on the property. Total Amount Due: $111.70 15. CASE NO: CELU20220001717 OWNER: Farman Ullah OFFICER: Jonathan Musse 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, Section 54-179. Outside storage and/or litter consisting of, but not limited to, buckets, truck toolbox, wood, metals, coolers and gas cans. FOLIO NO: 62095840006 PROPERTY ADDRESS: 5318 Martin ST, Unit #1, Naples, FL 34113 June 3, 2022 9 The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/17/22 Officer Musse represented the County and testified: Evidence Entered: Composite Exhibit 1: 3 photos dated 3/16/22 Officer Musse testified: • He visited the site on February 22, 2022 and issued the Notice of Violation on February 23, 2022. • On March 16, 2022, he spoke Ms. Ullah who stated she would call him back, however no call was returned to him. • He subsequently met with Mr. Ullah’s daughter who told him she would notify the tenants on the violation. • As of June 2, 2022, the violation remains. Special Magistrate Neale, finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case by July 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 desired items in a completely enclosed structure by June 13, 2022, or a $100.00 per day fine 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 and may become a lien on the property. Total Amount Due: $111.65 16. CASE NO: CEAU20220001764 OWNER: Farman Ullah OFFICER: Jonathan Musse VIOLATIONS: Florida Building Code (2020), Chapter 1, Part 2, Section 105.1. Chain link and vinyl fence built between 2021 and 2022 without a valid Collier County permit. FOLIO NO: 62095840006 PROPERTY ADDRESS: 5318 Martin ST, Unit #1, Naples, FL 34113 The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/17/22 Officer Musse represented the County. Evidence Entered: Exhibit 1: 2 photos dated 2/17/22 Exhibit 2: 2 photos dated 3/24/22 Officer Musse testified: • During a February 21, 2022, site visit he observed fences which do not appear on 2021 aerial photos. • The Collier County Building Official confirmed permits were required for the 2 fences. June 3, 2022 10 • A Notice of Violation was prepared and subsequently the chain link fence was removed however the vinyl fence remains between the homes. • On April 16, 2022, Mr. Ullah’s daughter notified him the neighbor installed the fence with the tenant’s permission however did not obtain a permit for the work. • One May 24, 2022 the Notice of Violation was issued and Ms. Ullah was notified a permit is required for the fencing. • It has now come to his attention, the neighbor who installed the fence has applied for a permit. Following discussions with the Special Magistrate, the County WITHDREW the case. IX. NEW BUSINESS (Continued) B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. 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 located on improved residential property. FOLIO NO: 62411280004 PROPERTY ADDRESS: 807 108th AVE N, Naples, FL 34108 Officer Connetta presented the case testifying the violation has not been abated. The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/12/22 Special Magistrate Order: No. 6123 Page: 3263 Fine Amount: $50.00/day Duration: 56 days Total Fine Amount: $2,800.00 Unpaid Operational Costs: $223.45 Total to Date: $3,023.45 Finding the Notice of Hearing was properly served, Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines for a total amount due of $3,023.45. Said amount to become a lien on the property with fines continuing to accrue. 10. 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 Officer Marinos presented the case testifying the violation has not been abated. The Respondent was not present. Date of Hearing Notice by Certified Mail: 5/17/22 Date of Hearing Notice Property/Courthouse Posting: 5/13/22 Special Magistrate Order: No. 6126 Page: 3728 Fine Amount: $100.00/day Duration: 33 days June 3, 2022 11 Total Fine Amount: $3,300.00 Unpaid Operational Costs: $223.45 Total to Date: $3,523.45 Finding the Notice of Hearing was properly served, Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines for a total amount due of $3,523.45. Said amount to become a lien on the property with fines continuing to accrue. Break: 11:15am Reconvened: 11:50am VII. PUBLIC HEARINGS (Continued) A. HEARINGS 19. CASE NO: CEEX20220003523-DASV22-011774 (THIS ITEM TO BE HEARD AT 12:00 PM) OWNER: Joseph Lyons OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(E). Dog “Mocha” bit the dog “Cody” resulting in damage to property. FOLIO NO: PROPERTY ADDRESS: 3748 Exuma Way, Naples, FL 34119 Mr. Lyons was present Danielle Jersey, Field Operations Manager, Domestic Animal Services represented the County and had pictures as evidence but was unsure of the date and who took the photos. Special Magistrate Neale noted the photos need to be authenticated before being admitted into evidence. Special Magistrate Neale CONTINUED the case to the July 3, 2022, hearing date. 21. CASE NO: CEEX20220003443-DASV22-012040 (THIS ITEM TO BE HEARD AT 12:00 PM) OWNER: Sahary Estrada OFFICER: Emmanuel Valdez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Dog running at large on private property; “Rocky”. Fourth offense. FOLIO NO: PROPERTY ADDRESS: 2861 2nd AVE SE, Naples, FL 34117 Ms. Estrada was present Danielle Jersey, Field Operations Manager, Domestic Animal Services represented the County. Evidence Entered: Exhibit 1: Collier County Ordinance Section 14-135.1.B. Exhibit 2: 1 photo of “Rocky” Ms. Jersey testified Rocky was running at large on a neighbor’s property and the incident is a repeat violation with 3 previous offenses. The Department recommends a fine of no less than $350 and no greater than $500 be imposed for the infraction. Ms. Estrada reported the dog has passed away. Special Magistrate Neale DISMISSED the case. June 3, 2022 12 22. CASE NO: CEEX20220002023-DASV22-011445 (THIS ITEM TO BE HEARD AT 12:00 PM) 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 Mr. Perez was present. Danielle Jersey, Field Operations Manager, Domestic Animal Services represented the County. Evidence Entered: Exhibit 1: Complaint submitted by Complainant Exhibit 2: Affidavit submitted by Jackie Kaey Exhibit 3: Order for Continuation of Case Exhibit 4: 5th Offense Citation Ms. Jersey testified: • Mr. Perez appeared before the Special Magistrate on April 1, 2022, for a dog running at large, a 4th offense Citation. • The case was continued as Mr. Perez testified that he would be installing a fence. • Subsequently, the dog was running at large and 5th Citation was issued, the subject of today’s proceeding. • The Department recommends a fine of no less than $350 and no greater than $500 be imposed for the infraction. Mr. Perez testified he is the tenant, and the fence is 95 percent complete. The installation was held up as he had to obtain a permit from the County and there were delays due to the property owner. Special Magistrate Neale UPHELD issuance of the Citation and ordered the Respondent to pay a $500.00 fine, $50.00 of Operational Costs and a $5.00 Administrative Fee for a total due of $555.00. Additionally, a fence be installed on the property by August 3, 2022. 20. CASE NO: CE20220003057-DASV22-011604 (THIS ITEM TO BE HEARD AT 12:00 PM) – The case was heard last OWNER: Janet Dalessandro OFFICER: Connie Hunt VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(1). Failure to provide proof of a current Collier County pet license; “Peter”. Fourth offense. FOLIO NO: PROPERTY ADDRESS: 49 San Remo CIR, Naples, FL 34112 The Respondent was not present. Date of Notice by Certified Mail: 5/11/22 Danielle Jersey, Field Operations Manager, Domestic Animal Services represented the County. Evidence Entered: Composite Exhibit 1: Latest license issued July 19, 2019 – expired; Proof of Rabies Vaccine expired on 1/29/19; Collier County Ordinance Section 14-33; DAS Citation dated 7/18/18; DAS Citation dated 10/23/21; DAS Citation dated 11/12/21. June 3, 2022 13 Ms. Jersey testified Ms. Dalessandro has failed to provide documentation verifying proof of licensing. It is a repeat violation, and the Department recommends a fine of no less than $350 and no greater than $500 be imposed for the infraction. Special Magistrate Neale, finding the Notice of Hearing was properly served, UPHELD issuance of the Citation and ordered the Respondent to pay a $500.00 fine, $50.00 of Operational Costs and a $5.00 Administrative Fee for a total due of $555.00. B. EMERGENCY CASES None VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS Previously heard. 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 Neale 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 Neale 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 Neale reviewed the cases cited in the Executive Summary and GRANTED the County’s Request. XI. REPORTS None XII. NEXT MEETING DATE – JULY 1, 2022, at 9:00 a.m. June 3, 2022 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 12:25PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING // ratric al , Special Magistrate The Minutes were approved by the Special Magistrate orV,v71f�` / (�'���/ as presented or as amended 14