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CESM Minutes 09/02/2022 September 2, 2022 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, September 2, 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 Helen Buchillon, Code Enforcement Specialist Elena Gonzalez, Code Enforcement Specialist September 2, 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 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 their Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance without being punitive. Recessed: 9:10 a.m. Reconvened: 9:22 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: #21; CESD20220002500; Cynthia Minor #22; CELU20220004303; Thomas Remland #13; CASE NO: CESD20210008774; Thomas A Donahue and Debra L Donahue #9; CASE NO: CELU20220005334; Kenneth A Robey and Ruth E Robey #10; CASE NO: CEOCC20210011891; ANDREW'S VENTURE'S LLC Under Item VII.A– Hearings, the following cases were withdrawn: #2; CEEX20220005727-SO189306; Oleg G Iakovlev #4; CESD20220005047; Gary Custard #5; CESD20210011315; Elizabeth Brittany Smithand Karen Ormeno Arguedas #6; CEVR20220004073; Riverstone at Naples HOA Inc. #7; CESD20220002071; Wendy Sparks #8; CEPM20220005460; Alberto J and Marlene A Garza #11; CASE NO: CEPM20220004625; Angela Niro and Peter Niro III #14; CEPM20210005212; Jacqueline B Kranz #15; CEPM20210007833; Michael A Carufe Jr #16; CENA20220004618; Kevin E Goodlet #17; CESD20220002013; Willi Danilo Reynoso Aguilar #19; CEPM20210010152; The Oasis at Naples Condo Association Inc #20; CEPM20220001649; Advanced Titan Inc. #26; CASE NO: CEEX20220007576-DASV22-013296; Mario Alvarez Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: #3; CASE NO: CENA20210011108; Lenny Mujica #5; CEPM20210006406; Alex F. Chiappetta Revocable Living Trust Special Magistrate Neale approved the Agenda as modified. September 2, 2022 3 IV. APPROVAL OF MINUTES The minutes of the August 5, 2022 hearing were approved by Special Magistrate Neale. V. MOTIONS A. MOTION FOR CONTINUANCE 1. CASE NO: CEROW20220001483 OWNER: WEJ JR LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter110, Article II, Section 110-31(a) and 110-32. Unpermitted fencing and electric powered gate installed within Collier County Right of-way (within drainage swale(s) and over Hickory Wood Dr. Blocking access to Hickory Wood Dr. section on the Western side of Logan Blvd. N.) FOLIO NO: 41820480005 PROPERTY ADDRESS: 5405 Hickory Wood Dr, Naples, FL 34119 Special Magistrate Neale noting the Motion for a Continuance was in order, GRANTED the Respondent’s request and continued the case until the October 7, 2022 hearing date. B. MOTION FOR EXTENSION OF TIME None VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20220006665-SOE220028 OWNER: Linda Kay Mullen OFFICER: Deputy Jacob Beauvais VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-67(a). Handicapped Parking. Failure to display handicap parking permit. FOLIO NO: PROPERTY ADDRESS: Health Park BLVD, Naples, FL 34110 Date of Notice by Regular/Certified Mail: 8/11/22 Ms. Mullen testified:  That her husband was in the hospital for 3 weeks and she visited him daily.  On the day of the incident, she was parking her new car when several audible signals caught her attention.  Not being familiar with the car, she was unaware the signals were of a routine nature; however the disruptions caused her to forget to display her handicapped parking placard. Deputy Beauvais testified:  That he was dispatched to the scene to investigate an employee’s complaint about a vehicle parked in a space reserved for handicapped individuals without displaying the proper authorization.  On the scene he inspected the vehicle and could not locate any authorized placard, license plate or other identifying feature allowing the individual’s car to occupy in a handicapped parking space.  He identified the owner of the vehicle, however there was no contact information available to immediately notify them of the violation so corrective measures could be taken, if possible.  Accordingly, he issued the Citation. September 2, 2022 4 Special Magistrate Neale DISMISSED the Citation. VI. STIPULATIONS 1. CASE NO: CESD20220002500 OWNER: Cynthia Minor OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). An electrical awning installed without the required Collier County building permit. FOLIO NO: 50865006325 PROPERTY ADDRESS: 8 Arapaho Trail, Naples, FL 34113 Date of Hearing Notice by Certified Mail: 8/10/22 Date of Personal Service: 8/12/22 Supervisor Mucha requested the hearing. The Stipulation was entered into by Cynthia Minor on August 30, 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 $111.70 of incurred in the prosecution of this case within 30 days of this hearing. 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 awning within 120 days of this hearing 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 2. CASE NO: CELU20220004303 OWNER: Thomas Remland OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Recreational vehicles, vehicles, and other prohibited storage items on this unimproved property. FOLIO NO: 766680007 PROPERTY ADDRESS: 17045 Blue Heron Dr, Naples, FL 34114 Date of Hearing Notice by Certified Mail: 8/12/22 Date of Property/Courthouse Posting: 8/17/22 Investigator Asaro requested the hearing. The Stipulation was entered into by the Respondent’s representative Jose Terrero on August 26, 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 $111.70 of incurred in the prosecution of this case within 30 days of this hearing. September 2, 2022 5 2. Removing all illegal structures, recreational vehicles, vehicles and all prohibited storage of items from this unimproved property within 90 days of this hearing 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 3. 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 PRBD20200310994 for wood pilings and to re- furbish seawall. FOLIO NO: 46372680002 PROPERTY ADDRESS: 715 Palm Point Dr, Goodland, FL 34140 Date of Hearing Notice by Certified Mail: 8/10/22 Date of Property/Courthouse Posting: 8/10/22 Officer Asaro requested the hearing. The Stipulation was entered into by Thomas A. Donahue and Debra L. Donahue on August 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 $111.70 of incurred in the prosecution of this case within 30 days of this hearing. 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 pilings and seawall within 120 days of this hearing 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 4. CASE NO: CELU20220005334 OWNER: Kenneth A Robey and Ruth E Robey OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 181. and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter/prohibited outside storage including, but not limited to, bikes, furniture, containers, and other various items/materials. FOLIO NO: 68093400002 PROPERTY ADDRESS: 3560 Tortuga Way, Naples, FL 34105 Date of Hearing Notice by Certified Mail: 8/10/22 Date of Personal Service: 8/16/22 September 2, 2022 6 Officer Connetta requested the hearing. The Stipulation was entered into by Ruth Robey and Kenneth Robey on August 16, 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 $111.65 incurred in the prosecution of this case within 30 days of this hearing. 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 60 days of this hearing 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 5. CASE NO: CEOCC20210011891 OWNER: ANDREW'S VENTURE'S LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Sections 126-111(b) and 126-114(c). A grocery store operating without required Collier County Business Tax Receipt(s). FOLIO NO: 35930160001 PROPERTY ADDRESS: 4055 23rd Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 8/11/22 Date of Property/Courthouse Posting: 8/18/22 Officer Holmes requested the hearing. The Stipulation was entered into by the Respondent’s representative Sohil Jivani on September 2, 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 within 30 days of this hearing. 2. Obtaining all required Collier County Business Tax Receipts or cease operation of the business within 60 days of this hearing or a $50.00 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 VII. PUBLIC HEARINGS (Continued) A. HEARINGS 12. CASE NO: CESD20220002913 OWNER: Margarita Granados September 2, 2022 7 OFFICER: John Delia 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). Modifications and additions made to the mobile home that requires a Collier County Building permit. FOLIO NO: 293400006 PROPERTY ADDRESS: 237 Polk PL, Naples, FL 34104 Date of Hearing Notice by Certified Mail: 8/10/22 Date of Property and Courthouse Posting: 8/10/22 Margarita Granados was present, and her daughter Cindy Granados acted as interpreter. Officer Delia represented the County and testified:  On 3/23/22 inspection revealed improvements to the mobile home without obtaining a permit.  On 4/8/22 the Collier County Building Official determined a permit was necessary for the work.  As of 9/1/22, no permit application has been filed with the County. Evidence Entered: Exhibit 1. 2011 street photo Exhibit 2: 2011 street photo Exhibit 3: 1 photo dated 3/24/22 Exhibit 4: 1 photo dated 3/24/22 Exhibit 5: 1 photo dated 4/11/22 Exhibit 6: 1 photo dated 4/11/22 Exhibit 7: 1 photo dated 4/1/22 Exhibit 8: 1 photo dated 4/1/22 Cindy Granados reported that they engaged a contractor (Octavio Samiento, Jr.) to abate the violation; however, to date he has not performed. Mr. Samiento, Jr. notified them he needs more time to obtain the permit and perform the work. Evidence Entered: Exhibit 1: Receipt of payment to ASSA Designs/Octavio Samiento, Jr. Special Magistrate Neale CONTINUED the case for 60 days. If the violation is not abated by that time, Octavio Samiento, Jr. to appear with the Respondent’s and provide an explanation on the reason the violation remains. 18. CASE NO: CEROW20200007860 OWNER: Robert P Richman OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Collier County ROW Construction Standards Handbook, Section III. Turn Lanes, Driveways, Access Roads Design Requirements Subsections (C)(1)(f) and (C)(1)(h), and Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-228(1). A driveway access with a culvert pipe that does not conform to the requirements of the Collier County right-of- way handbook. FOLIO NO: 37929240008 PROPERTY ADDRESS: 4160 11th Ave SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 8/11/22 Date of Property and Courthouse Posting: 8/11/22 September 2, 2022 8 Officer Holmes represented the County and testified:  That a complaint was filed on an improper driveway access at the above referenced location.  Investigation revealed the owner of the property, Mr. Richman had purchased the lot adjacent to his home in 2001 and in 2007 he merged the two lots.  In 2018 he sold the adjacent lot to an individual intending to build a home on the site.  It was later discovered Mr. Richman’s driveway encroached on the adjacent lot and the violation was issued.  Multiple site meetings were held to resolve the issue, but to date the violation remains. Before evidence was entered in the case, the hearing was recessed so Mr. Richman could review the documents. Reconvened: 10:33 a.m. Recessed: 10:23 a.m. Mr. Richman objected to Exhibit 7; however Special Magistrate Neale allowed the document to be entered as evidence. Evidence Entered: Exhibit 1: 1 photo dated 9/28/22 Exhibit 2: 1 photo dated 9/28/22 Exhibit 3: 1 photo dated 9/28/22 Exhibit 4: 1 photo dated 9/1/22 Exhibit 5: 1 photo dated 9/1/22 Exhibit 6: 1 photo dated 9/1/22 Exhibit 7: Determination by Jack McKenna, County Engineer Jack McKenna, County Engineer testified:  That Mr. Richman’s original driveway was constructed over the property line.  The owner of the adjacent lot, while completing work in the right-of-way chose to saw cut Mr. Richman’s driveway along the edge of the property line narrowing it to 7.5 in width and reconfiguring Mr. Richman’s culvert outflow structure.  The driveway needs to be relocated as it does not conform to County codes for setback from a property line in the right-of-way and the culverts reconfigured to allow for proper drainage.  The owner of the lot previously owned by Mr. Richman (Mr. Simon) filed the complaint with the County. Officer Holmes testified that the merger of the two lots eliminated the violation and the driveway conformed to County codes, however when the lots were re-subdivided the setback violation was re- created by Mr. Richman. Mr. Richman testified:  That he purchased the property in 1991 and it contained a home and driveway constructed in 1985.  When the original driveway and home were built, a Building Permit and Certificate of Occupancy were issued by the County for the work associated with the property.  He did purchase the adjacent lot in 2001 and merged the 2 properties in 2007.  The adjacent property owner’s contractor created the problem when the driveway was saw cut and the culvert altered without any authorization by the County. September 2, 2022 9  The work not only created a safety issue but created an improper flowline between the two driveway culverts.  Relocating the driveway and reconstructing the culvert will create a financial hardship for him.  Any violation created was at no fault of his own and the County is partially responsible for the issue given the approvals granted during construction of the home. Evidence Entered: Exhibit 1: Original Building Permit and Certificate of Occupancy Exhibit 2: Email Document on Request to Collier County for Variance Re: Financial Hardship and Fundamental Fairness Mr. Richman expressed concern that Mr. McKenna’s opinion on the violation and resolution of the issues were developed during conversations with Mr. Simon. He also noted, installing a connecting box culvert between the two existing pipe discharges may be a solution to the drainage concerns. Manager Letourneau objected to the statement Mr. McKenna’s opinions were formed because of conversations with Mr. Simon. Mr. McKenna testified:  That installing a box culvert in the area was suggested by Davidson Engineering through Mr. Richman’s attorney.  The main issue with Mr. Richman’s driveway is the improper setback in the right-of-way area.  Mr. Richman did not construct the original driveway or request the saw cuts be made in the area.  The neighbor’s driveway does meet code, but the saw cut created a violation for Mr. Richman’s driveway.  He has notified the adjacent property owner the County will not be “signing off” on his work in the right of way given the condition of Mr. Richman’s driveway/culvert. Officer Holmes noted that the violation involves the driveway setback from the property line and culvert issue. Mr. Richman entered the following additional evidence: Exhibit 3: Email from Robert Richman to John Rogers dated 8/14/22 Exhibit 4: Right of Way Sign and Well Permit Exhibit 5: Email Document Re: J. McKenna and The Timeline Exhibit 6: Letter of Witnessing Phone Conversation by Louis Stalvore dated March 12, 2021 During discussions Mr. Richman noted that his neighbor should be required to install the box culvert and address the drainage issue. He shouldn’t suffer any financial hardship to abate the violation given the County’s prior certifications on the property. Special Magistrate Neale queried on the potential for a variance to be issued (after the fact) for the driveway setback. Mr. McKenna noted that there is no variance process for work in the right-of-way. The box culvert is a reasonable solution however Mr. Simon is not cooperating and probably would oppose a variance for a driveway setback. There is no setback required for a driveway from a property, only in the right-of-way. He’s not aware of any County employee authorizing the saw cuts. September 2, 2022 10 Manager Letourneau acknowledged that Mr. Richman’s driveway was constructed in its current condition in 1985 and the County issued a Certificate of Occupancy however there was no violation once the properties were merged in 2007. The violation associated with today’s case occurred when the lots were re-subdivided in 2018. Special Magistrate Neale, finding the Notice of Hearing was properly served found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Right-of-Way Permit(s), Inspections and issuance of final completion to replace the non-conforming driveway access with an approve Right-of- Way driveway access within 180 days of this hearing 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 Recessed: 11:57 a.m. Reconvened: 12:07 p.m. 23. CASE NO: CEEX20220006583-DASV22-012957 OWNER: Stephen Schessler OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to provide proof of rabies vaccination. Fifth offense; “Cain”. FOLIO NO: PROPERTY ADDRESS: 1216 Rosemary LN, Naples, FL 34103 Cases 23 and 24 were combined. 24. CASE NO: CEEX20220006599-DASV22-012958 OWNER: Stephen Schessler OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(1). Failure to provide County license. Fifth offense; “Cain”. FOLIO NO: PROPERTY ADDRESS: 1216 Rosemary LN, Naples, FL 34103 Date of Hearing Notice by Certified Mail: 8/12/22 Danielle Jersey, Domestic Animal Services represented the County and testified Mr. Schessler has been issued 3 previous citations for the same offenses. He has rectified the issue and provided proof of licensing and vaccination. She recommended a fine of $350 - $500 for the offense. Mr. Schessler testified that he does not have a drivers license and it is difficult for him to travel however he has paid all fees associated with the previous citations. September 2, 2022 11 Special Magistrate Neale noting it was the 5th Offense for Mr. Schessler ordered him to pay a $200.00 Fine for each case, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount of $455.00 due within 90 days of this hearing. 25. CASE NO: CEEX20220007691-DASV22-012980 OWNER: Jayro Perez OFFICER: Bill Himaras VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large. 6th Offense (Lucy). FOLIO NO: PROPERTY ADDRESS: 4595 22nd Ave NE, Naples. FL 34120 Date of Hearing Notice by Certified Mail: 8/16/22 Jacqueline Keay, witness, testified the dog is consistently off Mr. Perez’s property and defecating in her yard. Danielle Jersey, Domestic Animal Services represented the County and testified the violation is a 6th offense and occurred on June 6, 2022, with a Citation subsequently issued on June 28th. A fine was issued for a like offense on June 3, 2022, in the amount of $555.00 which has not been paid by Mr. Perez. Evidence Entered: Exhibit 1: Affidavit of Jacqueline Keay Exhibit 2: 1 photo taken by Ms. Keay Mr. Perez testified that the dog defecates on his property, and he attends to the dog when it is outside in his yard. He is installing a fence on the property, but the work has not been completed. He has attempted to surrender the dog; however, no one answers the telephone at Domestic Animal Service to assist him in the activity. Special Magistrate Neale noting it was the 6th Offense for Mr. Perez ordered him to pay a $500.00 Fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount of $555.00 due within 30 days of this hearing. 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: CEPM20220000877 OWNER: Gretchen L Saunders OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11). Occupied dwelling without a Collier County approved source of electricity. FOLIO NO: 69811480009 PROPERTY ADDRESS: 88 Twin Palms DR, Naples, FL 34114 Date of Hearing Notice by Certified Mail: 8/12/22 Date of Property/Courthouse Posting: 8/10/22 September 2, 2022 12 Supervisor Connetta reported that the violation has been abated, but not in the prescribed time frame amassing fines and costs in the amount of $15,361.86. Greg Saunders was present and noted that a fire occurred at the premise and he and his mother were homeless for a period. The electrical work was completed as soon as possible. Special Magistrate Neale, noting the violation has been abated, DENIED the County’s Motion for Imposition of Fines and Liens. 2. CASE NO: CELU20200008643 OWNER: Diane Sullivan OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03. Prohibited outside storage of miscellaneous household items, storage containers, wire shelving, ladders, tarps and construction material on residential property. FOLIO NO: 48171160006 PROPERTY ADDRESS: 2754 Shoreview DR, Naples, FL 34112 Date of Hearing Notice by Certified Mail: 8/12/22 Supervisor Mucha reported that the violation has been abated, but not in the prescribed time frame amassing fines and costs in the amount of $4,911.80. Todd Allen, Attorney for Ms. Sullivan noted that she acquired the property with the violation in place and abated it. He requested the fines and costs associated with the case be waived. Special Magistrate Neale, noting the violation has been abated, DENIED the County’s Motion for Imposition of Fines and Liens. 4. CASE NO: CEPM20210002892 OWNER: Eulalia Manuel OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(n) and 22-228(1). A dilapidated carport on the property is in a state of disrepair and requires a building permit or demolition permit for repairs, alterations, or removal. FOLIO NO: 00077720009 PROPERTY ADDRESS: 1900 8th Ave, Lot #70, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: 8/12/22 Date of Property/Courthouse Posting: 8/12/22 Supervisor Connetta represented the County. Ms. Manuel was present and her daughter Micaela Matrias acted as translator. Special Magistrate Order: No. 6016 Page: 3970 Fine Amount: $100.00 Duration: 365 days Total Fine Amount: $36,500.00 Unpaid Operational Costs: $111.95 Total to Date: $36,611.95 Ms. Manuel was present and that Micaela Matias acted as translator. Ms. Matias reported that they have engaged a contractor (ASSA Design/Octavio Samiento, Jr.) and paid a deposit to abate the violation however he has not performed. She provided a copy of the receipt of payment in the amount of $2000. September 2, 2022 13 Supervisor Connetta reported that a permit application was submitted and a correction letter issued by the County, however the contractor, (Mr. Samiento) has not responded. Special Magistrate Neale CONTINUED the case for 60 days. If the violation is not abated by that time, Octavio Samiento, Jr. (owner of ASSA Design) to appear with the Respondent’s and provide an explanation on the reason the violation remains. 8. 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 Date of Hearing Notice by Certified Mail: 8/12/22 Date of Property/Courthouse Posting: 8/12/22 Officer Musse represented the County. Special Magistrate Order: No. 6161 Page: 3566 Fine Amount: $100.00 Duration: 33 days Total Fine Amount: $3,300.00 Unpaid Operational Costs: $223.50 Total to Date: $3,523.50 Mr. Garcia was present and testified thata health issue has prevented him from abating the violation. Special Magistrate Neale, finding the Notice of Hearing was properly served, CONTINUED the case for 60 days from the date of this hearing. 6. CASE NO: CESD20200001724 OWNER: Oakes Farms Inc. OFFICER: John Connetta 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). Additional parking lot constructed on preserve/water management area without the required Collier County inspections, approvals, and certificate of completion. FOLIO NO: 276360008 and 282089302 PROPERTY ADDRESS: 4176 Mercantile Ave, Naples, FL 34104, and Folio No. 282089302 (same parking lot) Date of Hearing Notice by Certified Mail: 8/12/22 Date of Personal Service: 8/10/22 Date of Property/Courthouse Posting: 8/18/22 The Respondent was not present. Supervisor Connetta represented the County. Special Magistrate Order: No. 5878 Page: 417 Fine Amount: $200.00 September 2, 2022 14 Duration: 602 days Total Fine Amount: $120,400.00 Unpaid Operational Costs: $111.90 Total to Date: $120,511.90 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 $120,511.90. Said amount to become a lien on the property with fines continuing to accrue. 7. CASE NO: CEV20220002547 OWNER: John M Macek Estate OFFICER: John Negra VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Two unlicensed, inoperable vehicles are parked on a residential property. FOLIO NO: 36374400009 PROPERTY 2619 53rd Terrace SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 8/12/22 Date of Property/Courthouse Posting: 8/11/22 The Respondent was not present. Officer Negra represented the County. Special Magistrate Order: No. 6155 Page: 1509 Fine Amount: $100.00 Duration: 56 days Total Fine Amount: $5,600.00 Unpaid Operational Costs: $223.45 Total to Date: $5,823.45 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 $5,823.45. Said amount to become a lien on the property with fines continuing to accrue. 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. None C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES September 2, 2022 15 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 – October 7, 2022, at 9:00 a.m. There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:20 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING __________________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on ________________________________________, as presented ___________, or as amended ___________.