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CESM Agenda 12/15/2023 DDCo ler County Growth Management Department Code Enforcement Division Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 15, 2023 9:00 AM NOTE: 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 II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES HEARING B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE C. MOTION FOR RE -HEARING VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS • CASE NO: CEEX20230010561 OWNER: Zachary Waldstein OFFICER: Danielle Jersey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the initial determination that the dog is a "Dangerous Dog"; `Balashi". FOLIO NO: PROPERTY 9143 Trivoli Terrace, Naples, FL 34119 ADDRESS: B. EMERGENCY CASES VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY JANUARY 5, 2024 AT 9:00 A.M. XIII.ADJOURN Code Enforcement Meeting: 12/15/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27409) DOC ID: 27409 CEEX20230010561-DAS Waldstein CASE NO: CEEX20230010561 OWNER: Zachary Waldstein OFFICER: Danielle Jersey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the initial determination that the dog is a "Dangerous Dog"; `Balashi". FOLIO NO: PROPERTY 9143 Trivoli Terrace, Naples, FL 34119 ADDRESS: Updated: 12/5/2023 8:41 AM by Helen Buchillon Page 1 Packet Pg. 4 7.A.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs ZACHARY WALDSTLIN, Respondent(s) NOTICE OF HEARING Case: CEEX20230010561-DAS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/15/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Dangerous Dog 14-38 LOCATION OF VIOLATION: 9143 Trivoli Terrace, Naples FL 34119 SERVED: ZACHARY WALDSTEIN, Respondent Danielle Jersey. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No 07-44. as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid of service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible. but no Later than 48 hours before the scheduled event Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en is audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 5 e6CX -�2 0-g43 CC 7.A.1.a COLLIER COUNTY DOMESTIC ANIMAL SERVICES SUFFICIENT CAUSE TO CLASSIFY DOG AS "DANGEROUS" PURSUANT TO COLLIER COUNTY ORDINANCE CHAPTER 14 ARTICLE II SECTION 14-38 AND/OR CHAPTER 767 FLORIDA STATUTES November 251h, 2023 Zak Waldstein (P182664) 9143 Trivoli Terrace Naples, FL 34119 "Balashi" (A280588) Tam and white. Neutered male, English Coonhound Mix, 4 years old. This letter is your written notice that Collier County Domestic Animal Services (CCDAS) has determined that there exists sufficient cause to make the initial determination that your dog, "Balashi", as described above, is a "Dangerous Dog" pursuant to Collier County Ordinance Chapter 14, Article 11, Section 14-38 and/or Chapter 767, Florida Statutes based on the following findings: (1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property. Pursuant to Collier County Ordinance Chapter 14, Article II, Section 14-38 and/or Subsection 767.12(1)(c), to appeal this initial determination, your written rcquest MUST be sent to CCDAS (Attn: Danielle Jersey email address Danielle.Jersey@coIIiercountyfl.gov) not later than seven (7) calendar days from the day that you receive this letter. If you request this hearing, the hearing will be held as soon as possible, but not later than twenty- one (21) calendar days and not sooner than five (5) days after the day that CCDAS receives your written request for a hearing. If you request a hearing, be sure to provide CCDAS a telephone number where you can be reached on weekdays between 8 a.m. and 5 p.m. in order for CCDAS to conveniently notify you of the date, time, and place of the hearing. A letter notifying you of the same will also be sent to you. This hearing may only be rescheduled by written agreement approved by both parties. If you do not request a hearing within seven (7) days from the date of your receipt of this letter, this initial determination will become a final determination that your dog is a "dangerous dog" as determined by CCDAS. If a final determination is made that this dog is a "dangerous dog" you will be required by law to immediately take several actions with regard to this dog. These obligations include registering this dog as a "dangerous dog" with CCDAS and are specified in Collier County Chapter 14, Article 11. Section 14-38 and/or Chapter 767 Florida Statutes. Additional obligations are specified in Chapter 14 of the Collier County Code of Laws and Ordinances. Packet Pg. 6 7.A.1.a If your dog is impounded throughout this process, you will be required to pay for all costs incurred for the care of the dog. You must pay all costs in full before your dog will be released to you. Please note CCDAS will not hold your dog indefinitely. Failure to comply with all requirements of this letter, Florida Law, and County ordinance will ultimately result in your forfeiture of ownership of your dog. Signed by. Danielle Jersey Field Operations Manager Collier County Domestic Animal Services 7610 Davis Blvd Naples, FL 34104 (239) 252-6961 Packet Pg. 7 7.A.1.a Dangerous Dog Acknowledgement Collier County Domestic Animal Services (CCDAS) is investigating a report that your dog was involved in an attack that may qualify your dog as a dangerous dog pursuant to Collier County Animal Control Ordinance (CCACO) and Florida State Statute (FSS). , \ I, �a rZ� �rlC,5 '�L�SrU �� the owner or caretaker of/ (Dag name/AID) have received notice that: ❑ This dog is under investigation as a dangerous dog. CCDAS has found sufficient cause to declare this dog as dangerous, pursuant to CCACO and FSS; "Dangerous dog" means any dog that according to the records of the appropriate authority: *as aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; ❑ Has more than once severely injured or killed a domestic animal while off the owner's property; ❑ Has, when unprovoked, chased or approached a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by the appropriate authority. CCDAS has determined that this dog shall be impounded for the duration of the investigation. u CCDAS has found insufficient cause to declare this dog as dangerous. El Other: ISJ ack owledge that I have received the following forms and/or documents: ❑ ACO Sec. 14-38 and Chapter 767, Florida Statutes angerous Dog Sufficient Cause Letter, including appeal options. �angerous Dog Registration Application Other I understand that my dog is under investigation as a dangerous dog and I cannot relocate or transfer ownership pending the outcome of the investigation or any hearings related to the determination of a dangerous dog classification. I also understand that I am required to immediately notify CCDAS if my dog is classified as dangerous and I sell or give my dog away or if I move to another address_ Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to animal services. The new owner must comply with all the requirements of the Ordinance. I understand that if�fail to pond to CCDAS's request(s) and/or fail to cooperate with the investigation, I may forfeit ownership h og. wry J - Animal ID: 2 6()5sg Ow r aretaker Signature Date Person ID. 1 pZ(p Owner/96reiaker Printed Name Activity #: 23 - 0025 0 Z_ e�7�_2 -_ NOM ACO Name/EMP # Da waL A,ww • M ic,, De,:s Bled. -Maples, F Lwida M M4.139 252 PE I S (77E 7) a w Qakwryw e m Packet Pg. 8 7.A.1.a Miriam Lorenzo From: Danielle Jersey Sent: Friday, December 1, 2023 2:41 PM To: Miriam Lorenzo Cc: Helen Buchillon; Colleen Karlen; Timothy Crotts Subject: Dangerous Dog Hearing Dec 15th, 2023 Attachments: Balashi signed Sufficient Cause Letter Nov 25th, 2023.pdf; Balashi DD Acknowledgement Nov 25, 2023.pdf Follow Up Flag: Follow up Flag Status: Flagged Good afternoon, Here is the information on the Dangerous Dog case that needs to be scheduled for December IS" due to the dog owner requesting to appeal the Dangerous Dog Declaration. Thank you, Respectfully, Danielle Jersey Field Operations Manager Coder County Domestic Anima! Services 7610 Davis Blvd Naples, FL 34104 Phone: 239.252.7387 Fax: 239.530,7775 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. c i Packet Pg. 9 7.A.1.a Sec. 14-38. - Dangerous Dogs; Procedures. 1. Dangerous Dog Procedure. A. All definitions as set forth in F.S. ch. 767 shall be incorporated herein. The provisions of F.S. ch. 767, as may be amended, pertaining to dangerous dogs are adopted in their entirety as part of this Section. All procedures, regulations, requirements, and restrictions, pertaining to dangerous dogs are applicable under this article, and a violation of state law shall constitute a violation of this Ordinance. To the extent that any provision in this Ordinance conflicts with F.S. ch. 767, the statute shall control. B. The Director shall investigate reported incidents involving any dog that may be dangerous and shall, if possible, interview the owner and require a sworn affidavit from any person, including any animal control officer or enforcement officer, desiring to have a dog classified as dangerous. Any animal that is the subject of a dangerous dog investigation, and is not impounded with animal services, shall be humanely and safely confined by the owner in a securely fenced or enclosed area pending the outcome of the investigation and resolution of any hearings related to the dangerous dog classification. The address of where the animal resides shall be provided to animal services. No dog that is the subject of a dangerous dog investigation may be relocated or ownership transferred pending the outcome of an investigation or any hearings related to the determination of a dangerous dog classification. In the event that a dog is to be destroyed, the dog shall not be relocated or ownership transferred. C. Animal services may impound any dog under investigation if the owner is unable or unwilling to securely confine the dog during the investigation. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. If the dog is impounded during this time, the owner is responsible for all costs related to impoundment unless the owner ultimately prevails and the dog is not declared dangerous. D. A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time, was unlawfully on the property or, while lawfully on the property, was tormenting, abusing, or assaulting the dog or its owner or a family member. No dog may be declared dangerous if the dog was protecting or defending a human being within the immediate vicinity of the dog from an unjustified attack or assault. E. If the Director, or his or her designee, makes an initial determination that a dog is dangerous, based on the initial investigation, the County shall provide written notification of that determination to the owner of the dog. Notice shall be by certified mail, by certified hand delivery, by service pursuant to F.S. ch. 48, or as otherwise authorized by Florida Statute. The Director's initial determination shall automatically become final unless the dog's owner, within seven calendar days after receipt of the notice, files a written request for a hearing to Packet Pg. 10 7.A.1.a challenge the Director's initial determination. The written request must be submitted to animal services. If the dog's owner files a timely written request for a challenge hearing, the effective date of the determination shall be the date of the final decision of the Special Magistrate. F. Any owner of a dog that is initially declared dangerous by the Director may appeal that decision to the Code Enforcement Special Magistrate. This hearing shall be held as soon as possible, but not more than 21 calendar days and no sooner than 5 days after receipt of request from the owner. The hearing may only be continued by agreement of both parties. G. If the Special Magistrate's determination is to uphold the dangerous dog classification, animal services shall provide written notification to the owner as required above. The dog owner may c y file a written request for a hearing in circuit court to appeal the classification within ten (10) business days after receiving notice. This request for hearing must be filed with the circuit a court, and a copy provided to animal services within the time provided. Any such appeal shall r not be a hearing de novo, but shall be limited to appellate review of the record created before to o the Special Magistrate. 0 M 2. Registration of dangerous dog and fees. N 0 x A. Registration of dangerous dog. Not later than 14 calendar days after the final effective date, w U as specified above, that the dog is determined to be a dangerous dog, the dog's owner must o file a complete written standard form application with animal services to be issued a v certificate of registration for the dangerous dog. The application/administration fee for each certificate shall be established by Resolution of the Board of Commissioners. A complete application for the initial certificate of registration shall include: (i) the filing fee and late fees, Cn if any; (ii) a color photograph of dog and a signed acknowledgement form that the dog will be o identified by name and address on the Collier County Animal Services website; (iii) a receipt or r `L'OO 0 other written proof that the dog has been permanently identified (via microchip); (iv) a current c certificate of vaccination, against rabies for the dog; and (v) a receipt or other written proof M o that the dog has been spayed or neutered by a licensed veterinarian. If there is a medical or N w other reason that the dog cannot be spayed or neutered, the owner will provide the reason in w r writing signed by a Collier County licensed veterinarian. c B. Within ten (10) days of receipt of a complete application, animal services will make a site visit o to ensure provision of a proper enclosure, and posting of the premises with a clearly visible a warning sign at all entry points that informs both children and adults of the presence of a dangerous dog on the property. Animal services will provide two (2) of the required signs. Upon completion of a successful site visit, animal services will issue the requested initial certificate. The duration of each certificate is 365 days. There shall be a late fee for each day that the certificate is not issued, and such late fee shall be determined by a Resolution of the Board of County Commissioners. Packet Pg. 11 7.A.1.a C. Annual renewal of certificate of registration. A standard renewal application must be filed annually at least ten (10) calendar days prior to the date that the respective certificate is to expire. A complete application for a renewal certificate shall include the renewal/administrative fee, a current color photograph of each dangerous dog sign posted at the premises where the dangerous dog resides, and a current certificate of rabies vaccination. D. Failure to re -register. There shall be a late fee for each day that a complete renewal application is not filed, and such late fee shall be determined by Resolution of the Board of County Commissioners. Animal services may impound any dog whose owner has: (i) failed to re -apply for registration 30 days past the expiration of the certification; or (ii) failed to successfully complete re -registration 45 days past the expiration of the certification. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. Failure to successfully re -register the dog after 30 days of impoundment will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner, at the expense of the owner. 3. Subsequent handling of dangerous dogs. A. The owner shall immediately notify animal services when a dog that has been classified as dangerous: (1) Is loose or unconfined; (2) Has bitten a human being or attacked another animal; (3) Is sold, given away, or dies; and/or (4) Is moved to another address. Prior to a dangerous dog being sold or given away, the owner shall provide the name, address, and telephone number of the new owner to animal services. The new owner must comply with all the requirements of this Ordinance. The owner is required to notify the appropriate animal services authority if the dog is moved out of jurisdiction. B. It is unlawful for the owner of a dangerous dog to permit the dog to be outside a proper enclosure unless the dog is muzzled and restrained by a suitable leash of dependable strength and under the control of a competent person. Unless prohibited by the dog's physical make-up, as in brachycephalic breeds, the muzzle must be of a cage -style that will not interfere with the dog's vision, will allow the dog to pant and drink, but will prevent it from biting a person or animal. Brachycephalic breeds of dogs must wear a suitable type of muzzle if a cage -style cannot be worn. The owner may exercise the dog in a securely fenced or enclosed area that does not have a top, without a muzzle or a leash, if the dog remains within Packet Pg. 12 7.A.1.a his or her sight and only members of the immediate household or person 18 years of age or older are allowed in the enclosure when the dog is present. When being transported, such dogs must be safely and securely restrained within a vehicle. C. Hunting dogs are exempt from the provisions of this act when engaged in any legal hunt or training procedure. Dogs engaged in training or exhibiting in legal sports such as obedience trials, conformation shows, field trials, hunting/retrieving trials, and herding trials are exempt from the provisions of this section when engaged in any legal procedures. However, such dogs at all other times in all other respects shall be subject to this and local laws. Dogs that have been classified as dangerous shall not be used for hunting purposes. D. This section does not apply to dogs used by law enforcement officials for law enforcement �a work. a E. A person who violates any provision of this section commits a noncriminal infraction, 4 m punishable by a fine not to exceed $500. o 0 4. Attack or bite by dangerous dog. M N 0 A. If a dog that has previously been declared dangerous attacks or bites a person or a domestic x animal without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as provided in F.S. ch. 775. In addition, the dangerous dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time, or impounded and held for ten (10) business days after the owner is given written notice under F.S. ch. 767.12, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing as outlined above in this section. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. B. If a dog that has previously been declared dangerous attacks and causes severe injury to or death of any human, the owner is guilty of a felony of the third degree, punishable as provided in F.S. ch. 775. In addition, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for ten business days after the owner is given proper written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This ten-day time period shall allow the owner to request a hearing under this section. The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. C. If the owner files a written appeal under this section, the dog must be held and may not be destroyed while the appeal is pending. D. Packet Pg. 13 7.A.1.a If a dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner is not guilty of any crime specified under this section. 5. Attack or bite by unclassified dog that causes severe injury or death. A. If a dog that has not been declared dangerous attacks and causes the death of a human, the dog shall be immediately confiscated by animal services, placed in quarantine, if necessary, for the proper length of time or held for 10 business days after the owner is given written notification under F.S. ch. 767, and thereafter destroyed in an expeditious and humane manner. This 10-day period shall allow the owner to request a hearing under this section, the dog must be held and may not be destroyed while the appeal is pending. The owner is responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure. 3: Cn B. If a dog that has not been declared dangerous attacks and causes severe injury to, or the a death of, a human, and the owner of the dog had knowledge of the dog's dangerous o propensities, yet demonstrated a reckless disregard for such propensities under the M circumstances the owner of the dog commits a misdemeanor of the second degree, N N punishable as provided in F.S. ch. 767. x w U C. If the dog attacks or bites a person who is engaged in or attempting to engage in a criminal activity at the time of the attack, the owner of the dog is not guilty of any crime under this 0 N section. c 6. Violations. A. Failure to comply with any provision of this Section may result in a fine not to exceed $500.00 and impoundment of the subject dog. Upon written notice from animal services, the owner must allow access to the dog for the purposes of impoundment. The owner is responsible for all costs related to impoundment. B. Failure to cure any violation of this Section within 30 days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner. C. Upon second occurrence of a violation of this Section, failure to cure within ten (10) days of impoundment of the subject dog will result in forfeiture of ownership of the dog. Animal services may dispose of such an impounded dog, in a humane manner at the expense of the owner. D. Each day the owner of a dangerous dog fails to comply with the requirements of this Section or the requirements of F.S. § 767.12, as may be amended, shall constitute a separate and distinct offense. (Ord. No. 2018-33, § 1) Packet Pg. 14