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CESM Minutes 06/02/2023 June 2, 2023 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 2, 2023 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: Thomas Iandimarino, Code Enforcement Director Jeff Letourneau, Manager of Inspectors Helen Buchillon, Code Enforcement Specialist June 2, 2023 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: 9:10am Reconvened: 9:22am III. APPROVAL OF AGENDA Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers): Under Item VII.A – Hearings, the following cases were moved to V.B – Motion for Extension of Time 2. CASE NO: CEROW20220001483 - WEJ JR LLC Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations: 2. CASE NO: CEEX20230003861-PU6249 - TOLL FL XIII LTD PARTNERSHIP 1. CASE NO: CEEX20230003858-PU4739 - D.R. HORTON INC 16. CASE NO: CESD20220007767 - Lindita and Petrit Lici 13. CASE NO: CEAU20220011080 - Nancy C Bunney 9. CASE NO: CESD20220007357 - Anne Lozynski 15. CASE NO: CEROW20220007111 - Linda Sue Devan 7. CASE NO: CENA20220009117 - Dahinet Varona 18. CASE NO: CESD20210009269 - Moises and Alma Y Hernandez 19. CASE NO: CELU20230001073 - Moises and Alma Y Hernandez 20. CASE NO: CEPM20230000172 - Barbara V Ahrens and Antonio De Vazquez Under Item VII.A– Hearings, the following cases were withdrawn: 3. CEOCC20220010596 - 275 AIRPORT INVESTMENTS LLC 4. CELU20220010390 - 275 AIRPORT INVESTMENTS LLC 6. CESD20220002915 - Nanci Benitez 12.CASE NO: CENA20230001974 - Gloria Mize Sells Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: 3. CASE NO: CESD20220002500 - Cynthia Minor Special Magistrate Neale approved the Agenda as modified. June 2, 2023 3 IV. APPROVAL OF MINUTES The minutes of the May 5, 2023 hearing were approved by Special Magistrate Neale. V. MOTIONS A. MOTION FOR CONTINUANCE None B. MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20220009834 OWNER: R & M Real Estate Company, Inc. 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).Unpermitted renovations not limited to installation of a wet bar,installation of a new storage/clothes closet and installation of air conditioning units with the following rooms: west Building #131, 132, 133, 134, 135, 136, 137, 138, 140, 142, 143, 144, 145,149, 229, 231, 232, 233, 234, 235, 238, 239, 242, 243, 244, 245,247, 249, 329, 331, 332, 333, 334, 335, 337, 338, 339, 342, 343, 344, 345, 347, 349, 429, 437, 432, 433, 435, 436, 438, 439, 442, 443, 445, 448, and 449. East Building: 201, 202, 203, 204, 205,206, 207, 208, 209, 211, 214, 216, 218, 219, 220, 221, 224, 226,227, 301, 303, 305, 306, 307, 309, 311, 314, 315, 317, 318, 319,320, 322, 321, 323, 325, 405, 406, 407, 408, 414, 415, 417, 421,420, 422, and 423. 2-story free standing Building: 151, 153, 155, 157, 159, 161, 251, 253, 255, 257, 259, and 261. Including all storage rooms and or mechanical rooms, or any other feature of the buildings that underwent modifications to accommodate the unpermitted renovations not limited to plumbing and electrical. FOLIO NO: 35640120001 PROPERTY ADDRESS: 4100 Golden Gate Pkwy, Naples, FL 34116 Chrystina Torrez, Attorney, represented the Respondent and testified:  The Respondent entered into a Stipulation on January 6, 2023 with a deadline to comply of August 4, 2023.  The property will be placed on the market for sale and the building has tenants and in order to not displace the residents, she requested a 180 day Extension of Time until January 31, 2024 to abate the violation.  Most of the Health, Safety and Welfare violations have been cured and the suites of the facility always contained stoves and microwaves even when the business was operated as a motel.  There are 32 efficiency units with tenants paying $1,150/month and the Respondent wishes to allow the renters to stay in place given the difficult housing market in the region.  The property was listed for sale on April 21, 2023 and the occupants of the 20 suite units in the building have been given notice to vacate and the activity is underway. Officer Holmes represented the Count and noted all the Health, Safety and Welfare issues have not been addressed and the facility is subject to uncompleted County fire alarm permits. Shar Beddow, Ian Stewart and Brian Mading of Greater Naples Fire District were present representing the Greater Naple Fire District. June 2, 2023 4 Ms. Beddow testified:  A June 1, 2023 site visit yielded no significant changes in compliance from the previous inspections.  The case began on May 24, 2022 with inspections conducted in June, July, October and December of 2022.  Inspections on March 1, and May 12 of 2023 yielded life safety issues and it would be irresponsible of the Fire District to support occupancy of the structure. Evidence Entered: Exhibit 1: Fire District Summary of the Inspections and Case information. The case was recessed for 5 minutes while Attorney Torrez reviewed the Exhibit. Ms. Beddow provided an overview of the Exhibit and unaddressed life safety issues. Ms. Torrez reported the owner has no intention of investing any more money in the building. She requested the Extension of Time be granted as it was filed in a timely manner and price quotes were obtained to totally abate the violations and the work is too costly. Special Magistrate Neale, after hearing the testimony and reviewing the Evidence, DENIED the Respondent’s Motion for an Extension of Time, WITHOUT PREJUDICE. 2. CASE NO: CEROW20220001483 OWNER: WEJ JR LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections 110-31(a) and 110-32. Unpermitted fencing and electric powered gate installed within Collier County Right-of-way (within drainage swale) and over Hickory Wood Drive blocking access to Hickory Wood Drive section on the Western side of Logan Blvd N. FOLIO NO: 41820480005 PROPERTY ADDRESS: 5405 Hickory Wood Dr, Naples, FL 34119 William E. Jones was present represented by his Attorney Cameron Woodward who requested a 60 day Extension of Time. An application to vacate the right-of-way has been submitted to the County and if approved will resolve the issue. Colleen Kerins, Assistant County Attorney represented the County and had no objection to the request. Special Magistrate Neale GRANTED the Respondent’s Motion for an Extension of Time for a period of 60 days. C. MOTION FOR REHEARING None VI. STIPULATIONS 2. CASE NO: CEEX20230003861-PU6249 OWNER: TOLL FL XIII LTD PARTNERSHIP OFFICER: Olti Sefa June 2, 2023 5 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(C). Illegal tampering of Collier County owned RPZ/backflow device. Entire backflow device assembly is twisted on the legs and entire middle gasket twisted upside down. Health, safety, and welfare issue. FOLIO NO: 21800012329 PROPERTY ADDRESS: 14557 Kingfisher Loop, Naples, FL 34120 Investigator Sefa requested the hearing. The Stipulation was entered into by the Respondent’s representative Gary Harrell on May 31, 2023. Special Magistrate Neale 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 and a Civil Penalty of $5,000.00 for a total amount due of $5,055.00 payable within 30 days of this hearing. Total Amount Due: $5,055.00 1. CASE NO: CEEX20230003858-PU4739 OWNER: D.R. HORTON INC OFFICER: Jason Myers VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(N)(Q). A piece of PVC pipe unlawfully connected to the Collier County curb stop. The unlawful connection also provided free water service to the property. Health, safety, and welfare issue. FOLIO NO: 76364846824 PROPERTY ADDRESS: 510 Kamari CV, Naples, FL 34114 Investigator Myers requested the hearing. The Stipulation was entered into by the Respondent’s representative Michael Maher on May 31, 2023. Special Magistrate Neale 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 and a Civil Penalty of $15,000.00 for a total amount due of $15,055.00 payable within 30 days of this hearing. Total Amount Due: $15,0555.00 16. CASE NO: CESD20220007767 OWNER: Lindita and Petrit Lici OFFICER: William Shanahan VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 10, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted Florida room, pergola, minisplit AC, new windows, and new doors. FOLIO NO: 24580400009 PROPERTY ADDRESS: 50 8th St, Bonita Springs, FL 34134 Officer Shanahan requested the hearing. The Stipulation was entered into by Lindita and Petrit Lici on May 31, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to: June 2, 2023 6 1. Pay Operational Costs in the amount of $111.70 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) for the Florida room, pergola, AC splits, new windows and doors, inspections and Certificate of Occupancy/Completion for the interior renovations within 120 days of this hearing or a fine $200.00 of 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 13. CASE NO: CEAU20220011080 OWNER: Nancy C Bunney OFFICER: Jason Packard VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. Wooden fence installed on North and West side of property without appropriate Collier County permit. FOLIO NO: 61780600002 PROPERTY ADDRESS: 3140 Caledonia Ave, Naples, FL 34112 Officer Packard requested the hearing. The Stipulation was entered into the Respondent’s representative Judith Snyder on May 30, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s), Inspections and Certificate of Occupancy/Completion for the fence within 30 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 9. CASE NO: CESD20220007357 OWNER: Anne Lozynski OFFICER: Adam Collier 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). Commencing construction prior to obtaining the proper Collier County Permits. See Contractor Licensing Case CEMIS20220007676. Accessory Building. FOLIO NO: 74760360003 PROPERTY ADDRESS: 1049 Sperling Ave, Naples, FL 34103 Officer Collier requested the hearing. June 2, 2023 7 The Stipulation was entered into by Anne Lozynski on May 30, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s), Inspections and Certificate of Occupancy/Completion for the new accessory building (shed), deck, and electrical work within 180 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 15. CASE NO: CEROW20220007111 OWNER: Linda Sue Devan OFFICER: John Delia VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a), and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permit PRBD20201253489 is in abandoned status for the right-of-way. FOLIO NO: 38609560007 PROPERTY ADDRESS: 489 Shady Hollow Blvd E, Naples, FL 34120 Officer Delia requested the hearing. The Stipulation was entered into by Paul W. Devan on June 2, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Obtain all required Collier County Right of Way Permit(s), Inspections and Certificate of Occupancy/Completion to keep the right-of-way improvements or restore to a permitted state 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 7. CASE NO: CENA20220009117 OWNER: Dahinet Varona OFFICER: Joseph Marino VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Outside storage and/or litter June 2, 2023 8 consisting of but not limited to wood, appliances, metals, furniture, and plastics. FOLIO NO: 39206600000 PROPERTY ADDRESS: 171 14th St SE, Naples, FL 34117 Officer Marino requested the hearing. The Stipulation was entered into by Dahinet Varona on June 2, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. 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 days of this hearing or a fine of $100.00 will be imposed for each day the violation remains. 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 18. CASE NO: CESD20210009269 OWNER: Moises and Alma Y Hernandez OFFICER: John Delia VIOLATIONS: Code of Laws and Ordinances, Article II, Section 110-31(a) and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit PRROW20190625067/ incomplete construction of culvert pipe. FOLIO NO: 38782440002 PROPERTY ADDRESS: 3240 60th Ave NE, Naples, FL 34120 Officer Delia requested the hearing. The Stipulation was entered into by Moises Hernandez on June 2, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to: 1. Pay Operational Costs in the amount of $111.80 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 Certificate of Occupancy/Completion to keep the right-of-way improvements or restore to a permitted state within 60 days of this hearing 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: $111.80 19. CASE NO: CELU20230001073 June 2, 2023 9 OWNER: Moises and Alma Y Hernandez OFFICER: John Delia VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Recreational vehicles and litter consisting of but not limited to building materials/plastic(s)and tools stored on an un-improved residential property. FOLIO NO: 38782440002 PROPERTY ADDRESS: 3240 60th Ave NE, Naples, FL 34120 Officer Delia requested the hearing. The Stipulation was entered into by Moises Hernandez on June 2, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Remove all unauthorized storage of recreational vehicles and accumulation of items not permitted for outside storage on a vacant unimproved Estates zoned property to an alternative location designated for such use within 7 days of this hearing or a fine of $100.00 will be imposed for each day the violation remains. 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 20. CASE NO: CEPM20230000172 OWNER: Barbara V Ahrens and Antonio De Vazquez OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Sections 22-228(1), 22- 231(1), 22-231(11), 22-231(12)(c), 22-231(12)(i) and 22-231(12)(p). Observed damages caused by fire to include, roof, soffits, windows, exterior doors, interior walls and ceilings, windows, electrical and plumbing system. FOLIO NO: 40925160001 PROPERTY ADDERSS: 2821 6th Ave SE, Naples, FL 34117 Officer Musse requested the hearing. The Stipulation was entered into by Barbara V. Aherns on June 2, 2023. Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s), Inspections and Certificate of Occupancy/Completion for all repairs to the unit to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within 90 days of this hearing 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 June 2, 2023 10 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 14. CASE NO: CEV20230000212 OWNER: Fortino Mendez OFFICER: Charles Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. An estates-zoned property with multiple unlicensed and inoperable vehicles in the rear of the property. FOLIO NO: 37987760009 PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117 Mr. Mendez was present. Officer Marinos represented the County and provided an overview of the case noting it is based on a complaint and a repeat violation. Site inspection revealed numerous unregistered/inoperable vehicles on site and the violation remains unabated. County Evidence Entered: Exhibit 1: 1 photo dated 1/17/23 Exhibit 2: 1 photo dated 1/31/23 Composite Exhibit 3: 4 photos dated 6/1/23 Exhibit 4: Previous Order dated 3/4/22 Mr. Mendez testified all vehicles on site have the proper insurance and provided numerous registrations for vehicles. He runs a business out of the home and 1 of the vehicles was subject of a fire and will be removed from the site. He contended all vehicles are properly registered and insured. Respondent Evidence Entered: Composite Exhibit 1: Registration for vehicles Officer Marinos noted 9 of the registrations provided are expired. Special Magistrate Neale noted it is Mr. Mendez’s responsibility to provide evidence the vehicles are registered and operable and based on the information submitted it is impossible to tell which registrations provided correspond to any vehicles on site. 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. Pay a civil penalty in the amount of $750.00 for the repeat violation within 30 days of this hearing. 3. Repair and affix a current valid license plate to each vehicle in violation or store these vehicles in a completely enclosed structure or remove these vehicles to a site intended for such use within 15 days of this hearing or a fine of $500.00 per day will be imposed until the violations are 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 June 2, 2023 11 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 17. CASE NO: CEV20220009387 OWNER: Roseline Joseph OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Section 130-95, and Collier County Land Development Code 04-41 as amended, Sections 1.04.01(A) and 2.02.03. RV in rear yard with sewage connection and no license plate attached. FOLIO NO: 36372280001 PROPERTY ADDRESS: 2231 53rd St SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 5/16/23 Date of Property/Courthouse Posting: 5/17/23 Ms. Joseph was present. Officer Cathey represented the County and provided an overview of the case noting:  Department Investigators met on site on October 19, 2022 with a tenant living in an RV parked in the rear yard of the premise who filed a complaint on the conditions of the premise.  A follow up site visit on March 21, 2023 revealed no one was living in the RV and on March 27, 2023 the Respondent was notified the sewer serving the vehicle needed to be disconnected.  On April 19, 2023 a new Notice of Violation was issued and to the best of his knowledge the violation remains unabated. County Evidence Entered: Composite Exhibit 1: 2 photos dated 10/19/22 Exhibit 2: Aerial photo of the property Exhibit 3: 10/19/22 and 3/21/23 consent forms Ms. Joseph testified:  She allowed a woman who had no place to live to stay in the RV and she subsequently filed a complaint.  The woman was notified she had to vacate the premise and the vehicle is unoccupied. 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. Repair and affix a current valid license plate to the RV and must repair defects so the RV is immediately operable or store the RV in a completely enclosed structure or remove the RV from the property within 30 days of this hearing or a fine of $50.00 per day will be imposed each day any violation continues. 3. Must comply with all land use standards of the Collier County Land Development Code O4-41, as amended, and disconnect the sewer line from the RV within 14 days of this hearing or a fine of $50.00 will be imposed for each day any violation continues. June 2, 2023 12 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 Recessed: 11:35am Reconvened: 11:55am 23. CASE NO: CEEX20230004324-DASV23-016296 OWNER: Karen Aguirre OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Affidavit with photo received stating that animal named “Ice Cube” was running at large, Fourth Offense. FOLIO NO: PROPERTY ADDRESS: 5375 Hawthorne Woods Way, Naples, FL 34116 Karen Aguirre was present. Danielle Jersey, Domestic Animal Services represented the County and testified the violation has occurred 3 times sincse 9/19/23 with a 5th offfense occuring on 5/31/23. Evidence Entered: Exhibit 1: 1 photo Exhibit 2: Afffadavit Exhibit 3: Copies of previous Citations Ms. Aguirre testified the dog resides at her parents home and escapes the fenced area by digging. She is in the process of re-homing the dog. Special Magistrate Neale CONTINUED the case to the next hearing date while Ms. Aguirre attempts to re-home the dog. VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CENA20220008479 OWNER: Marco A Hernandez-Bello OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04- 41, as amended, Section 2.02.03. Litter and prohibited outside storage of items on the property. FOLIO NO: 35779720000 PROPERTY ADDRESS: 2090 41st St SW, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 5/11/23 Date of Property/Courthouse Posting: 5/18/23 Officer Asaro represented the County testifying the violation has been abated but not in the prescribed timeframe amassing fines and costs in the amount of $2,811.75. June 2, 2023 13 Mr. Bello reported the Christmas/New Years holiday, and a tenant on the property delayed abatement of the violation. Discussion occurred noting the violation was not abated for 27 days after the prescribed time frame, was a health and safety issue and some fines should be imposed. Special Magistrate Neale GRANTED the County’s Motion assessing a fine amount of $300.00 and Operational Costs for today’s hearing of $111.75 for a total amount due of $411.75 payable within 30 days of today’s hearing. Said amount to become a lien on the property. 4. CASE NO: CESD20220005047 OWNER: Gary Custard OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Building or Land Alteration Permits, Improvement of property prohibited prior to issuance of building permit. FOLIO NO: 63501800102 PROPERTY ADDRESS: 3333 Hibiscus Ave, Naples, FL 34104 Officer Pitura represented the County testifying the violation has not been abated amassing fines and costs in the amount of $9,111.80. Mr. Custard reported medical and financial issues have delayed abating the violation and requested 60 more days to attend to the matter. Special Magistrate Neale CONTINUED the case until the August hearing. 5. CASE NO: CEROW20220000044 OWNER: Juana Gonzalez OFFICER: Doug Williams VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Installing a second driveway without a Collier County permit. FOLIO NO: 62152520007 PROPERTY ADDRESS: 5260 Floridan Ave, Naples, FL34113 Supervisor Mucha represented the County testifying the violation has been abated, but not in the prescribed time frame amassing fines and costs in the amount of $9,611,75. Ms. Gonzalez was present and her son Martin Gonzalez acted as translator reporting family issues delayed abating the violation. The prior Operational Costs have been paid. Manager Letourneau requested the Operational Costs for today’s hearing be imposed. Special Magistrate Neale GRANTED the County’s Motion for Fines and Liens in the amount of $111.75 payable within 30 days of this hearing. Said amount to become a lien on the property. 6. CASE NO: CESD20210002697 OWNER: Charles G and Danna L Simmons OFFICER: Bradley Holmes VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 4, Section 454.2.17, and Collier County Land Development Code 04-41, as amended, Section June 2, 2023 14 10.02.06(B)(1)(a). Investigator observed an inground swimming pool with no permanent protective barrier in place. FOLIO NO: 35994360009 PROPERTY ADDRESS: 2755 46th St SW, Naples, FL 34116 Officer Holmes represented the County testifying the violation has been abated, but not in the prescribed time frame. He corrected the Motion filed noting the following fines and costs have been incurred: Part C of the Order: $150.00/day from 4/9/22 to 4/12/22 (4 days) - $600.00. Part D of the Order: $150.00/day from June 2, 2022 to April 6, 2023 (309 days) - $46,350 Operational Costs for today’s hearing: $112.05. Previously assessed Operational Costs in the amount of $111.70 have been paid. Danna Simmons and her son David Simmons were present and testified:  The child protective barrier was placed on April 25, 2022 however permit issues delayed installing the permanent barrier.  Also, personal factors delayed the abatement as her mom and son passed away during the timeframe.  The permanent barrier was in place as of November 25, 2022 however the permits were not finalized unitl April 6, 2023. Officer Holmes noted the permits required for Part D of the Order were not applied for until Ocober 18, 2022 and issued on October 26, 2022. Special Magistrate Neale noted:  The fine amount should be amended to reflect the compliance date of November 25, 2022.  The original compliance date for Part D was June 2, 2022 and the Order with compliance on November 25, 2022 (176 days x $150/day) netting fines of $26,400.  The fine amount for Part C is $600.00 and there are Operational Costs of $112.05 due for today’s hearing.  The total amount due is $47,062.50 however the violation has been abated. Special Magistrate Neale after hearing the testimony, GRANTED the County’s Motion in a fine amount of $1,000.00 and Operational Costs of $112.05 for a total amount due of $1,112.05 to be payable within 90 days of this hearing. Said amount to become a lien on the property. 7. CASE NO: CEPM20220005683 OWNER: Donna Juliette Anne Hall OFFICER: Doug Williams VIOLATIONS: Collier County Code of Laws and Ordiances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b) and 22-231(12)(c). Vacant structure with damaged roof and exterior wall damage. FOLIO NO: 22625000007 PROPERTY ADDRESS: 4608 Dominion Dr, Naples, FL34112 Supervisor Mucha represented the County testifying the violation has not been abated amassing fines and costs in the amount of $9,111.75. George Barber testified:  He has Power of Attorney for Ms. Hall, his girlfriend who is suffering from mental issues. June 2, 2023 15  The property was purchased to reside in, trees removed and other work completed when Hurricane Ian flooded the property.  A FEMA claim has been filed and estimates have been obtained for the roof replacement and a contract will be signed soon.  He requested 60 additional days to abate the violation. Special Magistrate Neale CONTINUED the case until the September hearing. VII. PUBLIC HEARINGS (Continued) B. HEARINGS 5. CASE NO: CENA20230000258 OWNER: Lucy B Soto OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181, 54-185(b) and 54-179. Outside storage and/or litter consisting of but not limited to wood, plastics, metals, mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the residence. FOLIO NO: 41048960006 PROPERTY ADDRESS: 4070 14th Ave SE, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 5/10/23 Date of Property/Courthouse Posting: 5/10/23 The Respondent was not present. Officer Marino represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Composite Exhibit 1: 3 photos dated 1/23/23 Exhibit 2: 1 photo dated 2/28/23 Exhibit 3: 1 photo dated 5/8/23 Composite Exhibit 4: 2 photos dated 5/10/23 Composite Exhibit 5: 2 photos dated 6/1/23 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. 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 seven days of this hearing or a fine of $100.00 will be imposed for each day the violation remains 3. Mow or caused to mow all weeds, grass or similar non-protected overgrowth in excess of eighteen (18) inches in height located within thirty (30) feet of any residential structure up to any lot line, down to a height of less than six (6) inches on subject property within seven (7) days of this hearing or a fine of $100.00 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 June 2, 2023 16 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 8. CASE NO: CENA20220002259 OWNER: Mark R and Michelle M Messina OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.08(C). Multiple plants along the neighbor’s fence line that appear to be prohibited exotic species. FOLIO NO: 36660560006 PROPERTY ADDRESS: 4691 7th Ave NW, Naples, FL 34119 Date of Hearing Notice by Certified Mail: 5/10/23 Date of Property/Courthouse Posting: 5/11/23 The Respondent was not present. Officer Marinos represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Exhibit 1: 1 photo dated 3/9/22 Composite Exhibit 2: 2 photos dated 2/28/23 Composite Exhibit 3: 6 photos dated 6/1/23 Exhibit 4: Survey of the property 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. Obtain all required Collier County Vegetation Removal Permit(s) and remove all Collier County prohibited exotic plant species from ethe entire parcel within thirty (30) days of this hearing or a fine of $100.00 per day will be imposed for each day the violation remains. 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 10. CASE NO: CEPM20230001616 OWNER: PACIFICA LAUREL RIDGE LLC AND PACIFICA COMPANIES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(p), 22-231(19) and 22-231(20). Damaged or missing roof soffits and fascia. Dirty A/C vents possible clogged with bird feathers. Pest infestation in the attic and A/C vents. Ceiling has a hole and water stained. Missing or damaged smoke detectors. An A/C vent hose that does not appear to be connected to the handler. June 2, 2023 17 FOLIO NO: 36180080008 PROPERTY ADDRESS: 5542 Laurel Ridge Ln, Unit # 97, Naples, FL 34116 Date of Hearing Notice by Certified Mail: 5/9/23 Date of Property/Courthouse Posting: 5/9/23 The Respondent was not present. Officer Musse represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Composite Exhibit 1: 10 photos dated 2/24/23 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. Obtain all required Collier County Building Permit(s), Inspections and Certificate of Completion for all repairs to the unit to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within 7 days of this hearing or a fine of $500.00 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 11. CASE NO: CEPM20220005460 OWNER: Alberto J and Marlene A Garza OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(p), 22-231(12)(b), 22-231(12)(i), 22- 231(12)(r) and 22-231(19). Interior walls, floor, ceiling in disrepair. Kitchen cabinets in disrepair. Exterior doors in disrepair. Insect infestation. A/C inoperable, inoperable toilet. Exterior walls and gutters in disrepair. FOLIO NO: 66560005 PROPERTY 2721 State St, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: 5/11/23 Date of Property/Courthouse Posting: 5/15/23 The Respondent was not present. Officer Athey represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Exhibit 1: Aerial photo of the property Composite Exhibit 2: 9 photos dated 6/9/22 Composite Exhibit 3: 5 photos dated 5/30/23 Composite Exhibit 4: 3 photos dated 6/1/23 Exhibit 5: Screenshot of Repair Permit Application June 2, 2023 18 Exhibit 6: October 27, 2023 County Application Correction letter issued to the Respondent 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 $111.85 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion to repair, replace and restore interior walls, floor, ceiling, exterior doors, air conditioning, toilet, exterior walls and gutters to a permitted state and operational condition, also treat, remove and maintain any infestation within 30 days of this hearing or a fine of $500.00 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: $111.85 21. CASE NO: CESD20230002311 OWNER: Fredi Gomez and Jennifer Arreguin OFFICER: Charles Marinos 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 Estates zoned property with a large metal building in the rear. Building is permitted, but electrical and plumbing were after the fact without permit. FOLIO NO: 37014480003 PROPERTY ADDRESS: 825 11th St SW, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 5/18/23 Date of Property/Courthouse Posting: 5/18/23 The Respondent was not present. Officer Marinos represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Composite Exhibit 1: 3 photos dated 6/1/23 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. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy for the unpermitted plumbing and electrical improvements made to the stated accessory structure within 30 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 June 2, 2023 19 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: CEAU20230002315 OWNER: Fredi Gomez and Jennifer Arreguin OFFICER: Charles Marinos VIOLATIONS: Florida Building Code 7th Edition (2020), Section 105.1. An Estates zoned property with a fence under construction with no permit on file. FOLIO NO: 37014480003 PROPERTY ADDRESS: 825 11th St SW, Naples, FL 34117 Date of Hearing Notice by Certified Mail: 5/18/23 Date of Property/Courthouse Posting: 5/18/23 The Respondent was not present. Officer Marinos represented the County and provided an overview of the case noting the violation has not been abated. Evidence Entered: Composite Exhibit 1: 5 photos with dates 3/10/23, 3/16/23 and 6/1/23 Exhibit 2: Building Official Determination Letter dated 3/17/23 and Incomplete Application Notice Special Magistrate Neale, finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered to: 4. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 5. Obtain all required Collier County Building Permit(s), Inspections and Certificate of Completion/Occupancy to keep/complete or remove the unpermitted fencing within 30 days of this hearing or a fine of $50.00 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 24. CASE NO: CEEX20230004332-DASV23-016028 OWNER: Mael Rodriguez OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(10). Tethering violation, animal named “Sativa” in the front yard tethered to an enclosure unsupervised, third violation. FOLIO NO: PROPERTY ADDRESS: 405 16th St. SE, Immokalee, FL 34142 June 2, 2023 20 Date of Hearing Notice by Certified Mail: 5/12/23 Danielle Jersey, Domestic Animal Services represented the County and testified the Citation was issued for unsupervised tethering of an animal. It is the Respondent’s 3rd offense for the same violation. The Respondent has outstanding fees for prior Citations. She recommened a fine of $400 - $500 be imposed for the infraction. . Evidence Entered: Exhibit 1: 3 photos dated on 3/10/23 Exhibit 2: Ciatation issued on 3/10/23 Exhibit 3: Citation issued on 3/28/23 Exhibit 4: Citation issued on 4/1/23 Special Magistrate Neale, finding the Notice of Hearing was properly served, ordered the Respondent to pay a fine in the amount of $500.00 Operational Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $555.00. Said amount payable within 30 days of this hearing. 25. CASE NO: CEEX20230004353-DASV23-016029 OWNER: Mael Rodriguez OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(1)(A). Failure to provide shelter, animal named “Sativa” witnessed in the front yard without access to proper shelter, Fourth Offense. FOLIO NO: PROPERTY ADDRESS: 405 16th Street SE, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: 5/12/23 Danielle Jersey, Domestic Animal Services represented the County and testified the Citation was issued for failure to provide shelter for an animal. It is Mael Rodriguez 4th offense for the same violation. The Respondent has outstanding fees for prior Citations. She recommened a fine of $400 - $500 be imposed for the infraction. . Evidence Entered: Exhibit 1: 3 photos dated 3/10/23 Exhibit 2: Ciatation issued on 3/10/23 Exhibit 3: Citation issued on 3/28/23 Exhibit 4: Citation issued on 4/1/23 Special Magistrate Neale, finding the Notice of Hearing was properly served, ordered the Respondent to pay a fine in the amount of $500.00 Operational Costs of $50.00 and an Administrative Fee of $5.00 for a total amount due of $555.00. Said amount payable within 30 days of this hearing. B. EMERGENCY CASES None VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS June 2, 2023 21 1. CASE NO: CENA20220008308 OWNER: Robert P and Louise L Yardley OFFICER: Jason Packard VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds and grass in excess of 18” throughout improved property including right-of-way and swale. FOLIO NO: 60780600003 PROPERTY ADDRESS: 5340 Myrtle Ln., Naples, FL 34113 Date of Hearing Notice by Certified Mail: 5/11/23 Date of Property/Courthouse Posting: 5/16/23 Supervisor Mucha represented the County testifying the violation was not abated by the Respondent in the prescribed time frame however the County abated the violation on May 3, 2023. The Respondent amassed fines in the amount of $5,400.00, Abatement Costs of $445.00 and Operational Costs of $223.55 for a total amount due of $6,068.55. Special Magistrate Neale GRANTED the County’s Motion for Fines and Liens in the amount of $6,068.55 payable within 30 days of this hearing. Said amount to become a lien on the property. 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 7, 2023 at 9:00am June 2, 2023 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:20 PM. COLLIER COUNTY SPJCIAL MAGISTRATE HEARING Patrick H. Neale, Special Magistrate Th Minutes were approved by the Special Magistrate on � , as presented V , or as amended . 22