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CESM Minutes 07/01/2022 July 1, 2022 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, July 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 Patrick H. Neale ALSO PRESENT: Michael Ossorio, Code Enforcement Director Jeff Letourneau, Manager of Inspectors Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Administrative Secretary July 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 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: 9:11am Reconvened: 9:22am 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: 4. CASE NO: CEAU20220001764 - Farman Ullah 6. CASE NO: CEPM20220004129 - S & O LLC 7. CASE NO: CEPM20220001309 - Vickie Hall Special Magistrate Neale approved the Agenda as modified IV. APPROVAL OF MINUTES The minutes of the June 3, 2022 hearing were approved by Special Magistrate Neale as submitted. V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME None VI. STIPULATIONS 6. CASE NO: CEPM20220004129 OWNER: S & O LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 236. Dangerous structure as determined by the Building Official. FOLIO NO: 35832160002 PROPERTY ADDRESS: 1790 40th Ter. SW., Naples, FL 34116 Officer Holmes requested the hearing. July 1, 2022 3 Evidence Entered: Exhibit 1: Building Official determination of a Dangerous Building dated 4/22/22. The Stipulation was entered into by the Respondent’s representative Oqab Abuoqab on July 1, 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 on or before 30 calendar days from the date hereof (July 31, 2022). 2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s) and required inspections and Certificate of Occupancy/Completion to cure all Dangerous Building conditions and restore the building to a safe state or demolish the building to eliminate its dangerous condition wiithin 60 days from the date of this hearing (August 30, 2022) or a find of $250 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 4. 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 Officer Musse requested the hearing. The Stipulation was entered into by Farman Ullah on June 30, 2022. Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.65 of incurred in the prosecution of this case on or before 30 calendar days from the date hereof (July 31, 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 fence within 60 days from the date of this hearing (August 30, 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: $111.65 7. CASE NO: CEPM20220001309 OWNER: Vickie Hall OFFICER: Jordann Marinos July 1, 2022 4 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22- 228(1) and 22-241(6). A broken boarded front facing window on an occupied property for more than 60 days. FOLIO NO: 36239040009 PROPERTY ADDRESS: 5142 19th Ct. SW, Naples, FL 34116 Officer Marinos requested the hearing. The Stipulation was entered into by the Respondent’s representative Alan Dean on July 1, 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 on or before 30 calendar days from the date hereof (July 31, 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 broken window(s) in disrepair within 30 calendar days from the date of this hearing, (July 31, 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 VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20220005048-SOE220017 OWNER: Margaret Marcelus-Bens OFFICER: Sgt. Steven Walsh VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66(2)(g). Parked, Unattended on yellow striped no parking area on northern shoulder of Vanderbilt Beach Road just west of S Bay Dr. FOLIO NO: PROPERTY ADDRESS: Vanderbilt Beach Rd, Naples, FL 34108 Date of Hearing Notice by Certified Mail: 6/8/22 (Ms. Gonzalez confirmed the USPS website indicated the item was delivered). The Respondent was not present. Sgt. Walsh represented the County and testified while on routine patrol he observed a 2009 Honda Accord belonging to the Respondent parked in an area designated “no parking.” Accordingly, he issued the citation for the infraction. Special Magistrate Neale UPHELD issuance of the Citation and ordered the Respondent to pay a $100.00 fine, Operational Costs of $50.00 and a $5.00 Administrative Fee for a total due of $155.00. Said amount payable by July 11, 2022. 3. CASE NO: CEPM20220002683 OWNER: Clarisse M. Thelisma OFFICER: John Connetta July 1, 2022 5 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(b). Exterior wall damage above the garage and the front entrance to the dwelling. FOLIO NO: 22430008647 PROPERTY ADDRESS: 1154 Bush Street E, Immokalee, FL 34142 Officer Connetta represented the County: Evidence Entered: Composite Exhibit 1: 4 photos dated 3/16/22 Composite Exhibit 2: 2 photos dated 6/30/22 He testified while on routine patrol, he observed damaged stucco on the building at the location identified in the violation. He spoke with the son of the Respondent who indicated the damage would be repaired however the violation remains as of today. Jean Pierre Thelisma represented the Respondent, his mom and testified the violation exists. A contractor was hired, however did not appear to complete the work as agreed. He requested 30 days to abate the violation. Officer Connetta had no objection to the request. Special Magistrate Neale CONTINUED the case until September 2, 2022. 5. CASE NO: CENA20220001186 OWNER: Julio Garcia OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. 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 Trammell St., Naples, FL 34113 Officer Musse represented the County. Evidence Entered: Composite Exhibit 1: 5 photos dated 3/5/22 Composite Exhibit 2: 3 photos dated 5/24/22 He testified: • He case involves debris on a property which is the subject of a reoccurring violation. • On May 24th, 2022 he contacted Mr. Garcia reminding him of the June hearing date as no progress had been made abating the violation. • The June hearing was continued at the request of Mr. Garcia due to a health issue and on June 30th he did inspect the site from an adjacent property, and it appeared progress had been made in addressing the violation, however he was not allowed on the premises to conduct a formal inspection. Mr. Garcia was present with his attorney, John Hooley. Mr. Garcia testified: • He has abated the violation and submitted photos depicting the site in its current condition. • Items do remain on a registered trailer that Mr. Musse may have observed through his obscured view of the site. • He had a health issue which delayed addressing the situation and requested 30 days to finish abating the violation and will allow the County to inspect the site. July 1, 2022 6 Manager Letourneau objected to a continuance due to the reoccurring nature of the violation. Recessed: 10:11am – So the parties could determine if an agreement could be met. Reconvened: 10:28am - Mr. Musse reported the parties had agreed to a Stipulation. The Stipulation was entered into by the Respondent, Julio Garcia and his Attorney John Hooley on July 1, 2022. Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.65 of incurred in the prosecution of this case on or before 30 calendar days from the date hereof (July 31, 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 within 30 calendar days of this hearing (July 31, 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: $111.65 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CEPM20180015856 OWNER: Bryan Robert and Angelica Bouchard OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-236. Fire damaged dwelling deemed dangerous and uninhabitable by the Collier County Building Official. FOLIO NO: 26680680002 PROPERTY ADDRESS: 4084 Coconut Cir. N, Naples, FL 34104 Officer Connetta represented the County noting the violation has been abated but not in the prescribed time frame amassing fines and costs in the amount of $188,111.90. Mr. Robert and Ms. Bouchard testified the violations existed when they purchased the property, however, were unaware of any issues with the County as those parties involved in the transaction assured them there were no problems with the property. Ninety days after acquiring it they were contacted by the County and worked with the proper authorities to abate the violation and requested the fines and costs incurred be waived. Officer Connetta had no objection to the request. Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens. 2. CASE NO: CEROW20180000099 OWNER: Armand and Susan Elizabeth Procacci OFFICER: Jordann Marinos July 1, 2022 7 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Section 110-30. Damaged driveway and drainage pipe intruding on the County Right-of-way. FOLIO NO: 38287440002 PROPERTY ADDRESS: 4820 Mahogany Ridge Dr, Naples, FL 34119 Officer Marinos represented the case noting the violation has not been abated as of July 1, 2022. Special Magistrate Order: No. 6058 Page: 867 Fine Amount: $100.00 Duration: 208 days Total Fine Amount: $20,800.00 Unpaid Operational Costs: $111.90 Total to Date: $20,911.90 Mr. Procacci testified he completed the work necessary to abate the violation, however when it was inspected it was determined the construction code changed on January 1, 2022 and the work needs to be redone as it does not comply with the new requirements. He needs additional time to abate the violation as he is doing the work himself. Manager Letourneau testified the issue has been ongoing for approximately 4 years with a lot of permit activity identified in the County records, however he had no objection to a continuance in the case. Special Magistrate Neale Continued the County’s Motion for Imposition of Fine and Lien for a period of 30 days or no earlier than the scheduled Special Magistrate hearing on or about August 5, 2022. 5. CASE NO: CEAU20210009354 OWNER: Travis James and Meredith Emery Hanrahan OFFICER: Tony Asaro VIOLATIONS: Florida Building Code, 7th Edition (2020), Building, Chapter 1, Section 105.1. Fence erected on the property without first obtaining a Collier County building permit. FOLIO NO: 54050680002 PROPERTY ADDRESS: 3915 Estero Bay Ln., Naples, FL 34112 Date of Hearing Notice by Certified Mail: 6/8/22 Date of Hearing Notice Property/Courthouse Posting: 6/10/22 Supervisor Mucha represented the case noting the fencing was removed however the posts remain so the violation has not been abated as of July 1, 2022. Special Magistrate Order: No. 6090 Page: 709 Fine Amount: $100.00 Duration: 58 days Total Fine Amount: $5,800.00 Unpaid Operational Costs: $111.85 Total to Date: $5,911.85 Mr. James testified: July 1, 2022 8 • He filed a permit application for the fence but was informed the property is in the commercial zone so it must be submitted by a licensed contractor. • A contractor submitted the application but it was rejected as no property survey accompanied the application. • Research indicates no survey exists for the property so he decided to remove the fence. • He requested additional time to remove the posts. Manager Letourneau did not object to a continuance in the case. Special Magistrate Neale DENIED the County’s Motion for Imposition of Fine and Lien without prejudice and the County may refile the Motion in 30 days if the fence posts have not been removed. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 2. CASE NO: CEEX20220005479-DASV22-012170 OWNER: Alisia Alvarez OFFICER: Nola Octave VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-39(g). Failure to obtain breeder’s permit. Fourth Offense FOLIO NO: PROPERTY ADDRESS: 1410 Apple St, Immokalee, FL 34142 The Respondent was not present. Date of Hearing Notice by Certified Mail: 6/8/22 Danielle Jersey, Domestic Animal Services represented the County. Evidence Entered: Composite Exhibit 1: 1st, 2nd, 3rd and 4th Citations issued by DAS Composite Exhibit 2: 2 photos dated 11/6/21 She testified: • The Citation was issued for a re-occurring violation as puppies were observed on November 6, 2022. • Ms. Alvarez was previously informed on the requirements necessary to obtain a “Hobby Breeders Permit” if she wanted to continue the activity. • Accordingly, a fourth Citation was issued, and she recommends a fine of $350 - $500 be imposed for the repeat offense. • Ms. Alvarez has previously been issued fines and has failed to pay them. Special Magistrate Neale found the Respondent Guilty of alleged violation and ordered her to pay a Fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $5.00 for a total due of $555.00 due by July 16, 2022. 8. CASE NO: CEV20220002547 OWNER: John M. Macek EST OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Two unlicensed/inoperable vehicles on the property. FOLIO NO: 36374400009 PROPERTY ADDRESS: 2619 53rd Ter. SW, Naples, FL 34116 July 1, 2022 9 The Respondent was not present. Date of Hearing Notice by Certified Mail: 6/17/22 Date of Hearing Notice Property/Courthouse Posting: 6/17/22 Officer Shanahan represented the County noting the property is in “pre-foreclosure” and the lienholder does not want to remove the vehicles until the foreclosure process has initiated. Evidence Entered: Composite Exhibit 1: 5 photos dated 3/14/22 Composite Exhibit 2: 3 photos dated 6/30/22 Finding the Notice of Hearing was properly served, Special Magistrate Neale 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 August 1, 2022. 2. Repairing and affixing a current valid license plate to each vehicle in violation and ensuring the vehicle(s) are in operable condition, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use by July 8, 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 B. EMERGENCY CASES None IX. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued) 3. CASE NO: CESD20210004427 OWNER: Guillermo 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 ADDRESS: 5455 Sycamore Dr., Naples, FL 34119 Date of Hearing Notice by Certified Mail: 6/8/22 Date of Hearing Notice Property/Courthouse Posting: 6/14/22 The Respondents were not present. Officer Holmes represented the case noting the violation has not been abated as of July 1, 2022. Special Magistrate Order: No. 6080 Page: 1750 Fine Amount: $150.00 July 1, 2022 10 Duration: 55 days Total Fine Amount: $8,250.00 Unpaid Operational Costs: $111.80 Total to Date: $8,361.80 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 $8,361.80. Said amount to become a lien on the property with fines continuing to accrue. 4. CASE NO: CELU20200013266 OWNER: Sherry Lynn Hinds OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03 and 1.04.01(A). Prohibited storage and use of items and debris on site without having an approved primary/principal structure. Items and debris including, but not limited to, two RV’s, generators, utility trailer, wood, metal, rugs, furniture, fuel cans, cardboard, plastic sheets, and buckets. FOLIO NO: 109280006 PROPERTY ADDRESS: 1500 Daffodil Ct, Naples, FL 34120 Date of Hearing Notice by Certified Mail: 6/8/22 Date of Hearing Notice Property/Courthouse Posting: 6/13/22 The Respondent was not present. Manager Letourneau represented the case noting the violation has not been abated as of June 26, 2022 and the Respondent is not present and there is no indication it has been abated. Special Magistrate Order: No. 6003 Page: 221 Fine Amount: $100.00 Duration: 331 days Total Fine Amount: $33,100.00 Unpaid Operational Costs: $223.60 Total to Date: $33,323.60 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 $33,323.60. Said amount to become a lien on the property with fines continuing to accrue. 6. CASE NO: CEV20210013037 OWNER: Ryan and Lindsey Read OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Vessel (on trailer) parked/stored in the front yard on improved residential property. FOLIO NO: 62572800006 PROPERTY ADDRESS: 672 110th Ave N, Naples, FL 34108 The Respondent was not present. Date of Hearing Notice by Certified Mail: 6/10/22 Date of Personal Service: 6/13/22 July 1, 2022 Officer Connetta presented the case noting the violation has been abated but not in the presecribed time frame amassing fines and costs in the amount of$961.80. Special Magistrate Neale finding the violation was abated DENIED the County's Motion for Imposition of Fines and Liens. X. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None XI. 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. XII. REPORTS None XIII. NEXT MEETING DATE —AUGUST 5, 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 11:12 AM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING Pate . e e, Special Magistrate The mutes were approved by the Special Magistrate on ��v , as presented , or as amended . 11