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CESM Minutes 10/04/2024 Draft October 4, 2024 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, October 4, 2024 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 October 4, 2024 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: 9:12am Reconvened: 9:25am III. APPROVAL OF AGENDA Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers): Under Item V.B, Motion for Extension of Time of Compliance Deadline the following cases were withdrawn: 2. CESD20230007583 – Robert Nofsinger 6. CESD20220007518 – Harry Seaman III and Loren B Seaman Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations: 1. CASE NO: CEEX20240008063-PU-5938 - LENNAR HOMES LLC 16. CESD20240006372 - Rafael Alejandro De La Torre and Monica Vecino De La Torre 25. CASE NO: CEAC20240007340 - Daniel Guerra 26. CASE NO: CEAC20240007340-01 - Daniel Guerra Under Item VII.A– Hearings, the following cases were withdrawn: 2. CASE NO: CEEX20240007381-SO-191212 - Barbara T Gibler 3. CEAU20240005677 – Javier Guevara and Mileydi Guevara 9. CEPM20240005821 – William N Kogok Jr 10. CENA20220009683 – La Minnesota Riviera LLC 13. CEPM20240005287 – MLSW Prop Rev Living Trust Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: 4. CEPM20230010809 – Waltham Rivers Edge LLC Special Magistrate Neale approved the Agenda as modified. IV. APPROVAL OF MINUTES The minutes of the May 3, 2024 hearing were approved by Special Magistrate Neale. October 4, 2024 3 V. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS None B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE 1. CASE NO: CEVR20220010806 OWNER: Luc Goemaere and Liping Wu OFFICER: Jason Packard VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 3.05.07(C)(3)(b), 3.05.07(F)(3)(a), and 3.05.07(F)(3)(g)(i)(b). Trees and vegetation removed from lot and fill brought into lot without issuance of appropriate Collier County permits or other approvals. FOLIO NO: 437560003 PROPERTY ADDRESS: a306 Sabal Palm Rd, Naples, FL 34114 Luc Goemaere and Liping Wu requested a 6-month extension as they have a farming operation and are dealing with State and County agencies for the declaration of a bona fide agricultural use. Supervisor Packard has no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the April 2025 Special Magistrate hearing date. 3. CASE NO: CEROW20220006276 OWNER: Jandy Hernandez and Jose M Blanco Perez OFFICER: Craig Cooper 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), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Unpermitted driveway extension, failed culvert pipe, driveway extension material from unpermitted driveway extension obstructing the right of way. FOLIO NO: 39775400003 PROPERTY ADDRESS: 3363 45th Ave NE, Naples, FL 34120 Jandy Hernandez requested the extension as permitting and the weather has delayed abating the violation. Officer Cooper represented the County and had no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the December 2024 Special Magistrate hearing date. 4. CASE NO: CESD20230009960 OWNER: Kenneth J Woeste and Suanne Woeste OFFICER: Jason Packard 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). Interior renovations inside closet area of Multifamily unit prior to issuance of Collier County permits. FOLIO NO: 21963001963 PROPERTY ADDRESS: 6670 Alden Woods Circle Unit #102, Naples, FL 34113 October 4, 2024 4 Suanne Woeste requested the extension noting contractor licensing issues have delayed abating the violation. The design plans have been completed and are ready to be submitted upon resolution of the contractor issues. Supervisor Packard represented the County and had no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the January 2025 Special Magistrate hearing date. 5. CASE NO: CESD20230009119 OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo OFFICER: Delicia Pulse 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). Two unpermitted structures on the property. Permit PRROW20200205637 for a new paver driveway, and Permit PRBD20190208512 for roof mounted grid system that are now expired. FOLIO NO: 22670480009 PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112 Jose Jaramillo requested the extension noting weather has delayed abating the violation. Officer Pulse represented the County and had no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the January 2025 Special Magistrate hearing date. 7. CASE NO: CEROW20220001483 OWNER: WEJ JR LLC OFFICER: Rickey Migal 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 Zachary Lombardo, Attorney for the Respondent reported vacating of the right-of-way is slated to be heard by the Board of County Commissioners in late November or December. During discussion it was noted the fence needs to be permitted following vacating the right-of-way which may take additional time. Supervisor Packard represented the County and had no objection to the request for an extension. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the March 2025 Special Magistrate hearing date. C. MOTION FOR REHEARING None VI. STIPULATIONS 1. CASE NO: CEEX20240008063-PU-5938 October 4, 2024 5 OWNER: LENNAR HOMES LLC OFFICER: Katrina Murray VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(C). The back leg of the Collier County owned RPZ had been removed. Health, Safety, and Welfare. FOLIO NO: 47830007061 PROPERTY ADDRESS: 2146 Passionfruit Way, Naples, FL 34120 Date of Notice of Hearing by Certified Mail: 9/5/24 Officer Murray requested the hearing. Cody Campbell of Lennar Homes was present. The Stipulation was entered into by the Respondent’s Representative David Myers on October 1, 2024. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and ordered them to pay Operational Costs in the amount of $50.00, an Administrative Fee of $5.00 and a Civil Penalty of $2,500.00 for a total amount due of $2,555.00 payable within 30 days of this hearing. 16. CASE NO: CESD20240006372 OWNER: Rafael Alejandro De La Torre and Monica Vecino De La Torre 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). Unpermitted construction including but not limited to build out of two rooms, mini split installation, and screen enclosure modifications. FOLIO NO: 82537840007 PROPERTY ADDRESS: 181 Mentor Dr, Naples, FL 34110 Date of Notice of Hearing by Certified Mail: 9/20/24 Date of Notice Posting at Courthouse: 9/23/24 Officer Collier requested the hearing. The Stipulation was entered into by Monica Vecino De La Torre on October 1, 2024. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case 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 work included but not limited to the lanai conversion and unpermitted mini split within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Shutoff the permitted electrical power sources to the unpermitted construction including but not limited to the mini split, and is to remain off until such time the electrical work is validated to be safe with a licensed electrician report of inspection within 30 days of this hearing or a fine of $250.00 will be imposed until the violation is 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 County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. October 4, 2024 6 Total Amount Due: $111.70 25. CASE NO: CEAC20240007340 OWNER: Daniel Guerra OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(E). Damage to property, issued on August 31, 2024, at 2:00pm, 1st Offense, “Shadow”. FOLIO NO: PROPERTY ADDRESS: 2501 54th Ave NE, Naples, FL 34120 Timothy Crotts of Domestic Animal Services reported the parties have agreed to a Stipulation and the Respondent will pay a fine in the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount due of $557.000. Mr. Guerra confirmed the agreement has been reached with Domestic Animal Services. . Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered him to pay a Fine of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount due of $557.00 to be paid within 30 days of this hearing. 26. CASE NO: CEAC20240007340-01 OWNER: Daniel Guerra OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Running at large, issued on August 31, 2024, at 2:00pm, 1st Offense, “Shadow”. FOLIO NO: PROPERTY ADDRESS: 2501 54th Ave NE, Naples, FL 34120 Timothy Crotts, Domestic Animal Services reported the parties agreed to a Stipulation and the Respondent will pay a fine in the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount due of $557.000. The fine amount to be reduced to $100.00 if there are no incidents with the dog over the next 6 months. Mr. Guerra confirmed the agreement has been reached with Domestic Animal Services. Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered him to pay a Fine of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount due of $557.00. A fine amount of $400.00 to be waived if there are no further incidents involving the dog and Domestic Animal Services within 6 months of this hearing. If an incident occurs, the additional fine amount of $400.00 is required to be paid by the Respondent. Said amount of $157.00 to be paid within 30 days of this hearing. VII. PUBLIC HEARINGS A. HEARINGS 4. CASE NO: CEPM20240001034 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(5) and 22-231(19). Inoperable A/C, inoperable oven, and roach infestation in the microwave vent. October 4, 2024 7 FOLIO NO: 35830040001 PROPERTY ADDRESS: 4225 Heritage Cir, Unit 106, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 9/5/24 Date of Property/Courthouse Posting: 9/17/24 Yiraliz Torres, Property Manager represented the Respondent. Officer Musse represented the County and testified the investigation into the case began in January of 2024 and on March 4, 2024, a Notice of Violation was issued. The case continued over a series of months with an inspection on October 3, 2024 verifying it was abated. He requested a Finding of Fact the violation existed at the time the Notice was issued and a fine imposed. Evidence Entered: Exhibit 1 – 2: Photos dated 10/3/24 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, found the Respondent was in violation of the Ordinance at the time the Citation was issued and ordered them to pay Operational Costs incurred in the case in the amount of $111.70 and a Civil Penalty of $250.00 for a total amount due of $361.70 payable within 30 days of this hearing. 5. CASE NO: CEPM20240002432 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(p). A leak within the wall between the closet and master bathroom causing water damages to the drywall and floor. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4255 Heritage Cir, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 9/13/24 Date of Property/Courthouse Posting: 9/17/24 Yiraliz Torres, Property Manager represented the Respondent. Officer Musse represented the County and testified the case resulted from an inspection performed on 3/14/24. As of 10/3/24 the unit is occupied, pending repairs and the violation remains. Evidence Entered: Exhibit 1 – 7: Photos dated 3/14/24 Ms. Torres testified most of the work has been completed with only minor drywall repairs remaining. She requested 30 days to finish abating the violation. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Pay a Civil Penalty of $250.00 for a repeat violation. 3. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion for the repairs to bring the property into compliance with the Collier County Property Maintenance Code within 30 days of this hearing or a fine of $250.00 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 October 4, 2024 8 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 6. CASE NO: CEPM20240006785 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(20). Inoperable A/C unit and inoperable smoke detector not properly secured to the ceiling. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4300 Jefferson Ln Unit 104, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 9/17/24 Date of Property/Courthouse Posting: 9/17/24 Yiraliz Torres, Property Manager represented the Respondent. Officer Musse represented the County and testified the Notice of Violation was issued on 7/25/24 and as of 10/3/24 the violation remains. The smoke detector has been repaired and there is a window air conditioner installed for the tenant. Evidence Entered: Exhibit 1 – 9: Photos dated 7/25/24 Exhibit 10 – 13: Photos dated 10/3/24 Ms. Torres testified portable A/C units have been installed in 2 windows and they are awaiting a final proposal to replace the existing exterior unit along with 30 others in the complex. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion for the repairs to bring the property into compliance with the Collier County Property Maintenance Code within 30 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 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: CEPM20230001307 OWNER: NICKS REST AND HOUKA LOUNGE INC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(i) and 22-241(2). Damaged exterior October 4, 2024 9 ceiling on the roof extension. Damaged or missing windows. Property boarded up without a valid boarding certificate. FOLIO NO: 82640520007 PROPERTY ADDRESS: 3091 Tamiami Trail E, Naples, FL 34112 Nassif Matar, Owner was present. Officer Musse represented the County and testified:  The Notice of Violation was served on March 13, 2023.  A Boarding Certificate was issued on 4/21/23 which expired on 10/18/23.  A second Boarding Certificate was issued on 10/31/23 which expired and further Certificates need the approval of the Special Magistrate.  The Respondent notified him the site is now under the planning stages for a 5-story building and he has been working with the County on the necessary approvals for the project.  The violation remains as of 10/3/24. Evidence Entered: Exhibit 1: Photo dated 2/14/23 Exhibits 2-8: Photos dated 5/17/24 Mr. Matar testified he is working with the County on developing a 5-story building on the property. The activity includes meetings with land planning officials and Board of County Commissioner Members. The cost for the demolition is over $30,000 and he prefers to continue to secure the property via boarding the structure. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion for the repairs to bring the property into compliance with the Collier County Property Maintenance Code within 30 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3. Alternatively, if a Boarding Certificate is obtained, and the structure is boarded within 14 days of this hearing, then the time required to obtain any required Collier County Building Permit(s), Inspections and Certificate of Completion to complete the repairs will be extended and must be completed within 180 days of this hearing or a fine of $250.00 will be imposed until the violation is 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 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 14. CASE NO: CEPM20240003868 OWNER: Harley Peebles OFFICER: Jonathan Musse October 4, 2024 10 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(19). Unsanitary conditions in the dwelling. FOLIO NO: 78220680009 PROPERTY ADDRESS: 200 Turtle Lake Ct Unit 205, Naples, FL 34105 Date of Notice of Hearing by Certified Mail: 9/20/24 Date of Property/Courthouse Posting: 9/20/24 Harley Peebles and his brother Allan Peebles were present. Officer Musse represented the County and testified:  The violation involves site inspections which occurred on 5/15/24 and 6/20/24.  On 7/23/24 he was notified a pest control company was engaged and treated the unit.  Jeffrey Sanborn, property manager for the community notified him on the violation was impacting the adjoining units including odors present and pests stemming from Mr. Peebles residence.  There has not been a great deal of improvement in the condition of the unit however the refrigerator was replaced.  The violation remains as of 10/3/24. Evidence Entered: Exhibits 1 – 23: Photos dated 6/20/24 Exhibits 24 - 40: Photos dated 10/3/24 Allan Peebles testified on July 29, 2024, Harly had an accident and broke his hip. He was in the hospital for 2 months and is now residing with him. Jeffrey Sanborn, Property Manager Turtle Lake Golf Colony spoke noting there is a strong odor emanating from the unit which is affecting approximately 8 other adjacent units in the building. The problem includes the presence of pests in Mr. Peebles’ unit which are spreading to the other units. Harley Peebles testified he replaced the refrigerator and is working on cleaning the unit. Allan Peebles noted Harley is hoarding belongings and does not want to dispose of a vast majority of the items and he is assisting in dealing with the issue. Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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. Comply with all Property Maintenance requirements by cleaning the dwelling so it is sanitized, and free from infestation and shall be regularly maintained within 14 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3. The timeframe to address the issue will be extended to the November Special Magistrate hearing date if Officer Musse determines substantial progress is being made to abate the violation. 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. October 4, 2024 11 Total Amount Due: $111.70 Recessed: 11:27am Reconvened: 11:40am 21. CASE NO: CEAC20240007774 OWNER: Laura Baker OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, issued on August 16, 2024, at 10:15am, 8th Offense, “Simba”. FOLIO NO: PROPERTY ADDRESS: Crystal Lake Drive, Naples, FL 34120 Cases 21 – 24 were combined and the case was recessed from 11:50am to 11:55am to address technical issues in the Board room. 22. CASE NO: CEAC20240007138 OWNER: Laura Baker OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(E). Damage to property issued on August 14, 2024, at 12:16 pm, 1st Offense, “Simba”. FOLIO NO: PROPERTY ADDRESS: Crystal Lake Dr, Naples, FL 34120 23. CASE NO: CEAC20240007138-01 OWNER: Laura Baker OFFICER: Olivia Martinez VIOLATIONS Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, issued on August 14, 2024, at 11:45pm, 7th Offense “Simba”. FOLIO NO: PROPERTY ADDRESS: Crystal Lake Dr, Naples, FL 34120 24. CASE NO: CEAC20240007138-02 OWNER: Laura Baker OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, issued on August 14, 2024, at 12:04pm, 4th Offense, “Nala”. FOLIO NO: PROPERTY ADDRESS: Crystal Lake Dr, Naples, FL 34120 Date of Hearing Notice by Certified Mail: 9/24/24 Timothy Crotts, Domestic Animal Services and Code Enforcement Supervisor Joseph Mucha represented the County. Manager Crotts testified the combined cases revolve around a 7th and 8th offense for “Simba” and a 4th offense of “Nala” running at large and the 1st offense for “Simba” causing damage to property. October 4, 2024 12 The following Citations were issued: Simba, 7th offense running at large – 8/14/24 (8/1/24 incident) Simba, 8th offense running at large – 8/16/24 (8/10/24 incident) Nala, 4th offense running at large – 8/14/24 (8/1/24 incident) Simba ,1st offense damage to property – 8/14/24 (8/1/24 incident) Evidence Entered: Exhibit 1: Affidavit of Helen Martinez Exhibit 2: Video taken by Helen Martinez Exhibit 3: Affidavit by Doris Romans Exhibit 4: Video taken by Doris Romans Exhibit 5: Photo of Simba with a building downspout Exhibit 6: Photo of Nala running at large Exhibit 7: James Rogers Affidavit Exhibit 8: James Robert receipt of purchase of parts to repair home downspout Exhibit 9: Aerial map of area Exhibit 10: Photos of Notices of Posting Helen Martinez, Witness, testified the affidavit she filed is accurate and provided the video referenced in the exhibit. She noted the incidents have been going on over the past years and are concerned with the safety of the residents in the area with the dogs being allowed to run at large. James Rogers, Witness, testified his affidavit is accurate and the incidents have been occurring over several years and expressed concern over the safety of the elderly residents in the community. The dogs are harbored over ½ mile away and continue to roam freely. His property was damaged, and he completed the necessary repairs to the downspout himself, but incurred costs for the parts. Manager Crotts recommended a fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $7.00 be imposed for each case Special Magistrate Neale, after hearing the testimony and reviewing the evidence, found the Respondent in violation of the Ordinance and ordered her to pay a fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $7.00 be imposed for each case for a total amount due of $2,228.00 payable within 30 days of this hearing. Failure to pay said amount due in the prescribed time frame will result in a lien being placed on the Respondent’s property. Said cases to be forwarded to the County Attorney’s office for review and taking any action deemed necessary. VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20200000453 OWNER: Carlos Gonzalez and Barbara Reyes OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted addition/improvements. FOLIO NO: 40982200001 PROPERTY ADDRESS: 2660 8th Ave SE, Naples, FL 34117 Officer Marinos represented the County testifying the violation has not been abated amassing fines and costs in the amount of $54,712.45. The activity has been slow however Ms. Reyes has the engineering inspections which will be submitted to the County. October 4, 2024 13 Barbara Reyes was present and Elba Marin acted as translator reporting she is working diligently on abating the violation on her own. Special Magistrate Neale CONTINUED the case to the December 2024 Special Magistrate hearing date with fines continuing to accrue. Recessed: 12:35pm Reconvened: 1:15pm 5. CASE NO: CESD20220007767 OWNER: Lindita Lici and Petrit Lici 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). Construction of an unpermitted Florida room, pergola, mini-A/C split, new windows and doors. FOLIO NO: 24580400009 PROPERTY ADDRESS: 50 8th St, Bonita Springs, FL 34134 Officer Collier represented the County testifying the violation has not been abated amassing fines and costs in the amount of $74,111.75 Maria Alcantar represented the Respondent testifying the violation is almost abated with final inspections underway. Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate hearing date with fines ceasing to accrue. 7. CASE NO: CESD20230005491 OWNER: Santiago D Bazan OFFICER: Brian Owen VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Two unpermitted structures in the rear of property. Additionally, the outdoor grill installed requires a permit. FOLIO NO: 36239120000 PROPERTY ADDRESS: 5114 19th Ct SW, Naples, FL 34116 Officer Owen represented the County testifying the violation has not been abated amassing fines and costs in the amount of $6,511.90. A permit is in rejection status, another one in incomplete status and one resubmitted. The applications are “After the Fact” and the grill has been removed. Candela Acosta represented the Respondent testifying the work necessary to abate the violation continues. Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate hearing date with fines ceasing to accrue. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 7. CASE NO: CEV20240005764 OWNER: Beaumanoir Desrosiers and Eddyge Charles OFFICER: Brian Owen October 4, 2024 14 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Travel trailer not stored in proper location on property. FOLIO NO: 36314000003 PROPERTY ADDRESS: 2312 51st St SW, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 9/5/24 Date of Property/Courthouse Posting: 9/5/24 The Respondent was not present. Officer Owen represented the County testifying the case revolves a 6/24/24 property inspection for an occupied trailer on site and as of 10/3/24 the violation remains. Evidence Entered: Exhibits 1 – 2: Photos dated 6/24/24 Exhibit 3: Aerial photo of the property Exhibits 4 – 6: Photos dated 10/3/24 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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. Park the recreational vehicle in the rear yard, or within a completely enclosed structure, or remove it from the subject property to a site intended for such use within 7 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 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 2. CASE NO: CEVR20230000654 OWNER: Vitaliy Rizhkov and Marina Rizhkov OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Trees/vegetation moved with mechanical means prior to obtaining a permit. FOLIO NO: 38455800005 PROPERTY ADDRESS: 6540 Sandalwood Lane, Naples, FL 34109 Date of Notice of Hearing by Certified Mail: 9/13/24 Date of Property/Courthouse Posting: 9/18/24 Officer Collier represented the County testifying the violation has not been abated amassing fines and costs in the amount of $24,362,10 however the permit for the home and guest home were issued by the County. Dmitriy Trepachko of Belru Construction represented the Respondent testifying issuance of the permit allows removal of the vegetation and no replanting is required. October 4, 2024 15 Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $112.10 are payable within 30 days of this hearing. 3. CASE NO: CEROW20230000767 OWNER: Vitaliy Rizhkov and Marina Rizhkov OFFICER: Adam Collier VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections 110-31(a) and 110-32. Work performed in the right-of-way without proper County approvals/permits. FOLIO NO: 38455800005 PROPERTY ADDRESS: 6540 Sandalwood Lane, Naples, FL 34109 Date of Notice of Hearing by Certified Mail: 9/18/24 Date of Property/Courthouse Posting: 9/18/24 Officer Collier represented the County noting the permit has been issued for the work. Dmitriy Trepachko of Belru Construction represented the Respondent. Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $112.10 are payable within 30 days of this hearing. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 11. CASE NO: CEPM20240004179 OWNER: Janice Nicole Young OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(i) and 22-231(11). Exterior surfaces in disrepair, exterior light fixture missing, window broken/missing front of dwelling. FOLIO NO: 27582320003 PROPERTY ADDRESS: 366 Pine Ave, Naples, FL 34108 Date of Notice of Hearing by Certified Mail: 9/13/24 Date of Property/Courthouse Posting: 9/18/24 The Respondent was not present. Officer Athey represented the County noting the case resulted from a 5/6/24 inspection and the owner reported the damage was caused by Hurricane Ian. On 9/25/24 he was informed by the owner a meeting was held with a contractor regarding potential demolition of the structure. Evidence Entered: Exhibits 1 – 5: Photos dated 5/6/24 Exhibit 6: Aerial photo of the property Exhibit 7: GIS photo of the location. Special Magistrate Neale, after hearing the testimony and reviewing the evidence, found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case within 30 days of this hearing. October 4, 2024 16 2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion to repair, replace and/or restore exterior surfaces, light fixture and window to a permitted condition within 30 days of this hearing or a fine of $250.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.75 12. CASE NO: CEV20240006489 OWNER: Cynthia J Van Lare OFFICER: Adam Collier VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Boat in the side yard. FOLIO NO: 65322400006 PROPERTY ADDRESS: 612 Cypress Way E, Naples, FL 34110 Date of Notice of Hearing by Certified Mail: 9/17/24 Date of Property/Courthouse Posting: 9/18/24 The Respondent was not present. Officer Collier represented the County testifying the violation revolves around an inspection conducted on 7/22/24 identifying the location of the vessel in the yard and as of 10/3/24 the violation remains. Evidence Entered: Exhibits 1: Aerial photo of the property Exhibit 2: Photo dated 7/22/24 Exhibit 3: Photo dated 8/28/24 Exhibit 4 - 5: Photos dated 10/3/24 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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. Removing the recreational vehicle(s) from the property to a County approved storage location or storing recreational vehicle(s)/equipment within a completely enclosed structure, permitted carport or in the rear yard, or remove it from the subject property to a site intended for such use within 7 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 October 4, 2024 17 15. CASE NO: CESD20240006008 OWNER: KATHLEEN M TROTTER REV TRUST OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and Florida Building Code 109.1. PRBD20180427708 has expired with outstanding fees due. FOLIO NO: 65271120000 PROPERTY ADDRESS: 169 Viking Way, Naples, FL 34110 Date of Notice of Hearing by Certified Mail: 9/20/24 Date of Property/Courthouse Posting: 9/23/24 The Respondent was not present. Officer Collier represented the County testifying the case was opened on 7/3/24 with the Notice of Violation issued on 7/24/24 and the violation remains as of 10/3/24 with $125.00 in fees due. Evidence Entered: Exhibit 1: Permit application Exhibit 2: Payment slip Exhibit 3: City View permit fee verification Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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 within 10 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 17. CASE NO: CEEX20240009107-DAS-V24-020575 OWNER: Tim Rushing OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, issued on July 19, 2024, at 12:43pm, 8th Offense, “Ranger.” FOLIO NO: PROPERTY ADDRESS: Delmar Ln, Naples, FL 34104 Date of Notice of Hearing by Certified Mail: 9/24/24 The Respondent was not present. Supervisor Joseph Mucha, Code Enforcement and Officer Ress represented the County. Officer Ress testified the case involves a July 17, 2024 (12:49pm) incident where a Citation was issued on Jul 19, 2024, to Mr. Rush for the 8th offense of “Ranger” running at large. Evidence Entered: Exhibits 1: Special Magistrate Order from 7/24, 7th offense. October 4, 2024 18 Exhibit 2: Affidavit of Brian Lambert Exhibit 3: Photo of door hanger notice Exhibit 4: Photo of Ranger Exhibit 5: Copy of 8th offense Citation Exhibit 6: Aerial map of area Special Magistrate Neale, after hearing the testimony and reviewing the evidence found the Respondent in violation of the Ordinance and ordered him to pay a fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $7.00 for a total amount due of $557.00. Said amount payable within 30 days and failure to pay will result of a lien on the Respondent’s property. The case to be forwarded to the County Attorney’s office for review and instituting proceedings for payments of fines due and/or undertaking injunctive action as necessary. 18. CASE NO: CEEX20240009108-DAS-V24-020576 OWNER: Tim Rushing OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, issued on July 19, 2024, at 1:05pm, 9th Offense, “Ranger”. FOLIO NO: PROPERTY ADDRESS: 1390 Delmar Ln, Naples, FL 34104 Date of Hearing Notice by Certified Mail: 9/24/24 The Respondent was not present. Supervisor Joseph Mucha, Code Enforcement and Officer Ress represented the County. Officer Ress testified the case involves a July 17, 2024 (3:43pm) incident where a Citation was issued on Jul 19, 2024 to Mr. Rush for the 9th offense of “Ranger” running at large. Evidence Entered: Exhibits 1: Maria Jacobs affidavit Exhibit 2: Copy of Certified Mail Notice Exhibit 3: Photo of Notice Posting at Courthouse Exhibit 4: Photo of Ranger Exhibit 5: Video of event Exhibit 6: Citation for 9th offense Exhibit 7: Aerial map of area Special Magistrate Neale, after hearing the testimony and reviewing the evidence found the Respondent in violation of the Ordinance and ordered him to pay a fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $7.00 for a total amount due of $557.00. Said amount payable within 30 days and failure to pay will result of a lien on the Respondent’s property. The case to be forwarded to the County Attorney’s office for review and instituting proceedings for payments of fines due and/or undertaking injunctive action as necessary. 19. CASE NO: CEEX20240007904-DAS-V24-020425 OWNER: Julitza Martinez OFFICER: Olivia Martinez October 4, 2024 19 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Failure to register Ace as a dangerous dog within allowable time frame, Issued on June 26, 2024, at 11:13am, 2nd Offense, “Ace”. FOLIO NO: PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: The Respondent was not present. Timothy Crotts, Domestic Animal Services and Supervisor Joseph Mucha represented the County and noted the code citation numbers need to be amended. Special Magistrate Neale requested the case be re-noticed due to the Code Citation being amended. 20. CASE NO: CEEX20240007911-DAS-V24-020560 OWNER: Julitza Martinez OFFICER: Olivia Martinez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38. Failure to register Ace as a dangerous dog within allowable time frame, Issued on 7/18/24 at 1:10pm, 3rd Offense, “Ace”. FOLIO NO: PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142 Date of Hearing Notice by Certified Mail: The Respondent was not present. Timothy Crotts, Domestic Animal Services and Supervisor Joseph Mucha represented the County and noted the code citation numbers need to be amended. Special Magistrate Neale requested the case be re-noticed due to the Code Citation being amended. B. EMERGENCY CASES None VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 6. CASE NO: CESD20230007807 OWNER: TJS NAPLES LLC C/O WALGREEN CO OFFICER: Jason Packard VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permit PRHV20180212003 for AC replacements for which work had commenced. FOLIO NO: 25368000028 PROPERTY ADDRESS: 12780 Tamiami Trail E, Naples, FL 34113 Manager Letourneau withdrew the case. IX. OLD BUSINESS October 4, 2024 20 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 – November 1, 2024 at 9:00am There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 2:40 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on _________________________, as presented ____, or as amended ________.