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CESM Minutes 11/01/2024 Draft November 1, 2024 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, November 1, 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 November 1, 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 A.M. All those testifying at the proceeding did so under oath. II. Pledge of Allegiance The Pledge of Allegiance was recited. Prior to conducting the Hearing, Respondents were given an opportunity to speak with their Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance without being punitive. Recessed: 9:10 a.m. Reconvened: 9:25 a.m. 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 VI – Stipulations: 2. CASE NO: CEPM20230005694 2014 - CESARIO FAMILY TRUST 17. CASE NO: CEAC20240008485 - Andy Ronald 18. CASE NO: CEAC20240007289 - Ofelia Dimas 19. CASE NO: CEAC20240007289-01 - Ofelia Dimas Under Item VII.A– Hearings, the following cases were withdrawn: #3 CENA20220009683 – La Minnesota Riviera LLC #7 CESD20240001178 – La Casa Blanca Realty LLC Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn: 8. CASE NO: CESD20230007807 - TJS NAPLES LLC C/O WALGREEN CO Special Magistrate Neale approved the agenda as modified. IV. APPROVAL OF MINUTES The minutes of the October 4, 2024, hearing was approved by Special Magistrate Neale. 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: CESD20220009434 OWNER: William J Snider OFFICER: Delicia Pulse November 1, 2024 3 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). Deck installed, screen enclosure removed and replaced with sliders. All these improvements and alterations require Collier County building permits. FOLIO NO: 2422000168 PROPERTY ADDRESS: 2084 Pine Isle Ln #2084, Naples, FL 34112 William Snider requested a 90-day Extension testifying the consultant who is preparing the engineered drawings had his office damaged during Hurricane Milton by a tornado. Officer Pulse had no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline for 90 days. 2. CASE NO: CESD20230004155 OWNER: Patricia Gibboni OFFICER: John Johnson 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). Dock constructed on property without required Collier County Permit(s). FOLIO NO: 49530720002 PROPERTY ADDRESS: 12 Creek Cir, Naples, FL 34114 Patricia Gibboni and Chrisanne Kelly were present. Ms. Kelly requested a 12-month extension to abate the violation as the dock has was constructed in 1967 however a variance is required before the permit may be issued to abate the violation. Manager Letourneau noted a “correction letter” had been issued by the County for the permit application and had no objection to the request. Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline until the August 2025 Special Magistrate hearing date. C. MOTION FOR REHEARING None VI. STIPULATIONS 2. CASE NO: CEPM20230005694 2014 OWNER: CESARIO FAMILY TRUST OFFICER: Jonathan Musse VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 4, Sections 454.2.17.1 through 454.2.17.3, and 454.2.20. Pool without a county approved permitted pool barrier. FOLIO NO: 53054640007 PROPERTY ADDRESS: 2528 Kings Lake Blvd, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 10/16/24 Date of Notice Posting at Courthouse: 10/16/24 Officer Musse requested the hearing. The Stipulation was entered into by P. Cesario on November 1, 2024. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: November 1, 2024 4 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Permit(s), Inspections and Certificate of Completion for a permanent pool enclosure or protective barrier by February 7, 2025, 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: $111.65 17. CASE NO: CEAC20240008485 OWNER: Andy Ronald OFFICER: Kevin Sparks VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(F). Sanitary nuisance, issued on September 4, 2024, at 4:30 pm,1st offense “Lady Luna”. FOLIO NO: PROPERTY ADDRESS: 1413 Bermuda Rd, Marco Island, FL 34145 Supervisor Mucha requested the hearing. The Stipulation was entered into by Andy Ronald on November 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 $50.00 incurred in the prosecution of this case. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00. 4. Total charges due are $557.00 to be paid within 30 days of this hearing. 18. CASE NO: CEAC20240007289 OWNER: Ofelia Dimas OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Running at large, issued on August 24, 2024, at 5:10 pm, 4th offense “Millie”. FOLIO NO: PROPERTY ADDRESS: 312 N 20th Ct, Immokalee, FL 34142 Supervisor Mucha requested the hearing. The Stipulation was entered into by Jose Calderon on November 1, 2024. Ileana Roque Gonzalez addressed the Magistrate noting Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00. 4. Total charges due are $557.00 to be paid within 30 days of this hearing. November 1, 2024 5 19. CASE NO: CEAC20240007289-01 OWNER: Ofelia Dimas OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Running at large, issued on August 24, 2024, at 5:10 pm,4th offense “Golden”. FOLIO NO: PROPERTY ADDRESS: 312 N 20th Ct, Immokalee, FL 34142 Supervisor Mucha requested the hearing. The Stipulation was entered into by Jose Calderon on November 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 $50.00 incurred in the prosecution of this case. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00. 4. Total charges due are $557.00 to be paid within 30 days of this hearing. VII. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEPM20240001807 OWNER: Rebecca J. Matthews OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11). Occupied dwelling without County approved electrical service. FOLIO NO: 153360008 PROPERTY ADDRESS: 1112 Jacaranda Ct, Naples, FL 34110 Date of Notice of Hearing by Certified Mail: 10/16/24 Date of Property/Courthouse Posting: 10/16/24 Officer Athey represented the County and testified Ms. Matthews has been seeking financial assistance to abate the violation. The dwelling has no electricity as the power has been disconnected at the service pole. The case was previously heard by the Special Magistrate who continued the case until today’s proceeding and involves an electrical fire at the mobile home which damaged the electrical components of the structure. Rebecca Matthews testified she has been seeking assistance to abate the violation by contacting various organizations such as the Salvation Army, United Way, etc. without results. She also sought a grant from the County but did not meet the qualifications. Special Magistrate Neale recommended she contact the Collier Senior Center or Collier Building and Industry Association (CBIA) for assistance. He noted the situation is a health, safety and welfare issue which needs to be remedied. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case within 60 days of this hearing. November 1, 2024 6 2. Obtaining all required Collier County Building Permits, or Demolition Permits, Inspections and Certificate of Completion to restore electrical service to the dwelling to a permitted condition by February 7, 2025, 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: $111.65 6. CASE NO: CEPM20240006303 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(1), 22-231(12)(p). 22231(19) and 22-231(20). Microbial growth in the A/C vents and on the drywall behind the toilet. Water stains on the ceiling and interior walls. Damaged vanity. Bathroom sink disconnected. Inoperable smoke detector. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4235 Heritage Cir, Unit 108, Naples, FL 34116 Yiraliz Torres, Property Manager represented the Respondent. Officer Musse represented the County testifying the Notice of Violation was issued on August 23, 2024, and updated to reflect changes in the case. Ms. Torres has recently been assigned as Property Manager and has been very responsive to the matter. The project requires the tenants to be relocated before the work is performed. Evidence Entered: Exhibits 1 – 19: Photos dated 7/11/24 Ms. Torres testified they are in the process of relocating several residents in the unit. The activity has been approved by the District Manager and they are awaiting final confirmation from the Corporation for the relocation. Special Magistrate Neale 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. 2. Obtaining all required Collier County Building Permits, or Demolition Permits, Inspections and Certificate of Completion to bring the property into compliance with the Collier County Property Maintenance Code within 90 days of this hearing or a fine of $500.00 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 November 1, 2024 7 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 7. CASE NO: CEPM20240003929 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22- 228(1). Inoperable A/C system. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4280 Jefferson Ln, Unit 208, Naples, FL 34116 Yiraliz Torres, Property Manager represented the Respondent. Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $15,473.45. Ms. Torres testified a contract has been signed for the work necessary to abate ethe violation and window units have been provided to the tenant in the interim. Special Magistrate Neale CONTINUED the case until the December 2024 Special Magistrate hearing date with fines continuing to accrue. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 8. CASE NO: CENA20240006787 OWNER: Juan Morales Martell and Isamary Ricardo Gonzalez OFFICER: Charles Marinos 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. An improved Estates zoned property with litter and prohibited outdoor storage including but not limited to the following: car parts, vehicle frames, metal, pallets, wood, buckets, tools, tires, general refuse, plastic, cardboard, and trash concrete. FOLIO NO: 37746120000 PROPERTY ADDRESS: 463 18th Ave NE, Naples, FL 34120 Isamary Gonzalez was present. Louis Gonzalez acted as interpreter. Officer Marinos represented the County and testified the Notice of Violation was issued on July 26, 2024, and is a repeat violation with 2 former Notices and 1 which was withdrawn. The violation was abated as of July 31, 2024, and remains abated today. He requested a finding Respondent’s property was in violation at the time of Notice. Evidence Entered: Exhibit 1: Consent to Enter Form Exhibit 2 - 10: Photos dated 7/18/24 Exhibit 11: Photo dated 10/31/24 Louis Gonzalez testified the issue revolves around neighbor complaints and Juan Martell no longer resides on the property. Special Magistrate Neale found the Respondents GUILTY of the alleged violation at the time the Notice of Violation was served and ordered them to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. November 1, 2024 8 2. Pay a Civil Penalty of $500.00 for a repeat violation within 30 days of this hearing. Total Amount Due: $611.70 9. CASE NO: CEV20240006551 OWNER: Juan Morales Martell and Isamary Ricardo Gonzalez OFFICER: Charles Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple vehicles on site in an unlicensed or inoperable state including but not limited to the following: a sedan with doors removed, a FedEx truck with no license plate, and a red flatbed wrecker truck not registered to a legal occupant of the property, an unlicensed white SUV, an inoperable white trailer, an unlicensed white sedan, an unlicensed recreational vehicle, and an unlicensed black pick-up truck. FOLIO NO: 37746120000 PROPERTY ADDRESS: 463 18th Ave NE, Naples, FL 34120 Isamary Gonzalez was present. Louis Gonzalez acted as interpreter. Officer Marinos represented the County and testified the Notice of Violation was issued on July 26, 2024, after a site inspection. The violation was abated as of July 31, 2024, reinspection of the property and remains abated today. He requested a finding Respondent’s property was in violation at the time of Notice. Evidence Entered: Exhibit 1: Consent to Enter Form Exhibit 2 - 10: Photos dated 7/18/24 Exhibit 11: Photo dated 10/31/24 Special Magistrate Neale found the Respondents GUILTY of the alleged violation at the time the Notice of Violation was served and ordered them to pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. Total Amount Due: $111.70 VIII. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. 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 the proper County approvals/permits. FOLIO NO: 38455800005 PROPERTY ADDRESS: 6540 Sandalwood Lane, Naples, FL 34109 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/15/24 Officer Collier represented the County testifying the violation has been abated but not in the prescribed time frame. Special Magistrate Order: No. 6242 Page: 3959 Fine Amount: $100.00/day November 1, 2024 9 Duration: 97days Total Fine Amount: $9,700.00 Unpaid Operational Costs: $112.25 Total to Date: $9,812.25 Oleksiy Aleksyeyev represented the Respondent and testified when they were made aware of the violation, they took the necessary steps to abate it however the activity required work by consultants and permits from the County. Officer Collier testified the Respondent was diligent in abating the violation and communicated with Code Enforcement during the entire process. Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $4.962.25 ($4850.00 in fines and $112.25 of Operational Costs). Said amount payable within 30 days of this hearing and to become a lien on the property. 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 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/15/24 Officer Collier represented the County testifying the violation has been abated but not in the prescribed time frame. Special Magistrate Order: No. 6242 Page: 3962 Fine Amount: $250.00/day Duration: 97 days Total Fine Amount: $24,250.00 Unpaid Operational Costs: $112.25 Total to Date: $24,362.25 Oleksiy Aleksyeyev represented the Respondent and testified when they were made aware of the violation, they took the necessary steps to abate it however the activity required work by consultants and permits from the County. No restoration was required and there was no impact on wetlands. Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $8,112.25 ($8,000.00 in fines and $112.25 of Operational Costs). Said amount payable within 30 days of this hearing and to become a lien on the property. Recessed: 11:10 a.m. Reconvened: 11:25 a.m. November 1, 2024 10 3. CASE NO: CESD20230004016 OWNER: David Camacho and Hilda I. Perez Soto OFFICER: Jonathan Musse 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). Removed the majority of the dock without a valid Collier County demolition permit or permit to rebuild a new dock. FOLIO NO: 70010280002 PROPERTY ADDRESS: 228 Riverwood Rd, Naples, FL 34114 Officer Musse represented the County and testified the violation has not been abated amassing fines and costs in the amount of $18,523.45. David Camacho testified there is confusion over the permitting requirements which has delayed abating the violation further complicated by the difficulty of finding a contactor for a small job. He has located someone who will perform the work and needs additional time to resolve the permitting issues and abate the violation. Special Magistrate Neale CONTINUED the case until the December 2024 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $223.45 be paid within 30 days of this hearing. 4. CASE NO: CEPM20220005683 OWNER: Donna Juliette Anne Hall OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b) and 22231(12)(c). Vacant structure that is not being maintained. The structure has a damaged roof and exterior wall damage which constitute a violation of the aforementioned ordinances. FOLIO NO: 22625000007 PROPERTY ADDRESS: 4608 Dominion Drive, Naples, FL 34112 Manager Letourneau represented the County and testified the violation has not been abated amassing fines and costs in the amount of $30,812.05. George Barber represented the Respondent and testified the work has been completed including the roof replacement, building painting and grounds maintenance. Abating the violation involved dealing with FEMA and he is awaiting the County to perform the final inspections for the work. Manager Letourneau confirmed the Notice of Commencement needs to be resolved and there are 2 inspections remaining to close out the permit. Special Magistrate Neale CONTINUED the case until the December 2024 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $112.05 to be paid within 30 days of this hearing. 6. CASE NO: CESD20230004048 OWNER: Jesus Perez and Maleidis Casanas Romero 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). Screened-in lanai with one wall turned into a concrete wall. Wall has plumbing and electrical inside the wall. Permits were never issued for utilities or construction. November 1, 2024 11 FOLIO NO: 36120080000 PROPERTY ADDRESS: 2033 250th St SW, Naples, FL 34116 Jesus Perez and Maleidis Casanas Romero were present. Victor Perez acted as translator. Officer Owen represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6300 Page: 3820 Fine Amount: $200.00/day Duration: 182 days Total Fine Amount: $36,400.00 Unpaid Operational Costs: $111.90 Total to Date: $36,511.90 Officer Owen noted the work has been completed and there is a permit on file which was issued on April 8, 2024 (August 21, 2023, application date) however it has not been closed out due to a temporary hold for drainage. Upon resolving the clerical issue which should occur over the next 7 days, the violation will be abated. The violation is not a health, safety and welfare issue. Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $511.90 (Fine of $400.00 and Operational Costs of $111.90). Said amount payable in 30 days of this hearing and to become a lien on the property. In the event the permit is not closed out by the County, Code Enforcement may reopen the case. 9. 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-AC split, new windows and doors. FOLIO NO: 24580400009 PROPERTY ADDRESS: 50 8th St, Bonita Springs, FL 34134 Officer Collier represented the County and testified the violation has been abated. Special Magistrate Order: No. 6389 Page: 3415 Fine Amount: $200.00/day Duration: 397 days Total Fine Amount: $79,400.00 Unpaid Operational Costs: $111.90 Total to Date: $79,511.90 Maria Alcantar represented the Respondent noting personal issues including surgery for a child delayed abating the violation. The case involves and After the Fact Permit including design plans and an Elevation Certificate being submitted. Significant funds were spent to abate the violation. Officer Collier acknowledged the Respondents were diligent in abating the violation. Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $1,611.90 (Fine of $1,500.00 and Operational Costs of $111.90). Said amount payable in 30 days of this hearing and to become a lien on the property. November 1, 2024 12 10. CASE NO: CESD20230005491 OWNER: Santiago 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 $6,512.05 Candela Acosta represented the Respondent testifying they are working on obtaining the permits for the two sheds and the outdoor grill has been removed. Special Magistrate Neale CONTINUED the case until the January 2025 Special Magistrate hearing date with fines ceasing to accrue. VII. PUBLIC HEARINGS (Continued) A. HEARINGS 4. CASE NO: CENA20240007156 OWNER: Sergey Yurevich Terekhov OFFICER: Charles Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181, and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. An improved Estates zoned property with litter and prohibited outdoor storage including but not limited to the following: furniture, auto parts, glass, metal, plastic, wood, tires, barrels, outboard motors, and pallets. FOLIO NO: 40686720007 PROPERTY ADDRESS: 3580 2nd Ave NE, Naples, FL 34117 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/18/24 The Respondent was not present. Officer Marinos represented the County and testified the case is the result of a Collier County Sheriff’s Office notification. Following a site visit, a Notice of Violation was issued on August 7, 2024. The owner has not contacted him, and the violation remains unabated. Evidence Entered: Exhibit 1 – 4: Photos dated 8/2/24 Exhibit 5: Photo dated 9/17/24 Exhibit 6 - 7: Photos dated 10/31/24 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 intended for outside storage to a site designated for such use, or store items in a completely enclosed structure within 7 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. November 1, 2024 13 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 5. CASE NO: CEV20240007158 OWNER: Sergey Yurevich Terekhov OFFICER: Charles Marinos VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. An improved Estates zoned property with multiple unlicensed/inoperable vehicles on site including but not limited to the following: Large beige RV next to primary structure, approximately 20-foot boat lying on the ground, multiple small utility trailers in the rear, and a blue tow behind RV. FOLIO NO: 40686720007 PROPERTY ADDRESS: 3580 2nd Ave NE, Naples, FL 34117 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/15/24 The Respondent was not present. Officer Marinos represented the County and testified the case is the result of a Collier County Sheriff’s Office notification. Following a site visit, a Notice of Violation was issued on August 7, 2024. The owner has not contacted him, and the violation remains unabated. Evidence Entered: Exhibit 1 - 8: Photos dated 8/2/24 Exhibit 9 – 11: Photos dated 9/17/24 Exhibit 12 -14: Photos dated 10/31/24 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. Repairing and affixing a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within 7 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 10. CASE NO: CEPM20240007980 OWNER: BRITTANY BAY APTS I LLC. C/O SPIRA BRITTANY BAY I LP OFFICER: Jonathan Musse November 1, 2024 14 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-231(12)(p). Water damages to the ceiling and interior walls. FOLIO NO: 25117900023 PROPERTY ADDRESS: 14855 Mystic Lake Circle, Unit 104, Naples, FL 34119 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/15/24 The Respondent was not present. Officer Musse represented the County and testified the Notice of Violation was issued following a site visit to investigate an air conditioner leak. A technician was scheduled to address the issue, however, could not enter the premise on the day of the work due to the occupant testing positive for COVID. The tenant has been relocated and the violation remains unabated. Evidence Entered: Exhibit 1 – 25: Photos dated 8/21/24 Special Magistrate Neale finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered to: 3. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 4. Obtaining all required Collier County Building Permits, Inspections and Certificate of Completion to bring the property into compliance with the requirements of 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 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 11. CASE NO: CEAC20240009882-01 OWNER: Julitza Martinez OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-38(2)(A). Failure to register “Ace” as a dangerous dog within allowable time 2nd Offense, issued on October 15, 2024, at 11:40 am. FOLIO NO: PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142 Date of Notice of Hearing by Certified Mail: 10/16/24 Date of Property/Courthouse Posting: 10/17/24 The Respondent was not present. Manager Timothy Crotts and Supervisor Joseph Mucha of Code Enforcement represented the County. Manager Crotts testified the Citation was issued on October 15, 2024, for failure to register “Ace” as a Dangerous Dog after Officer Olivia Martinez conducted a site visit to the home of Ms. Martinez and found the dog unattended. Research of the County records revealed no registration of the dog as required when it was declared dangerous by the County. Ms. Martinez was previously notified of the measures she needed to take to conform to the County’s requirements. November 1, 2024 15 Evidence Entered: Composite Exhibit 1: 2 Photos of victim injury dated 9/26/23 Exhibit 2: Request for County Attorney Review for Dangerous Dog Dec. Exhibit 3: Response from County Attorney Exhibit 4: County Ordinance 14-38(1) Exhibit 5: County Ordinance 14-38(2) Exhibit 6: County Ordinance 14-38(6) Exhibit 7: Sufficient cause letter dated 3/29/24 delivered and signed for Exhibit 8: Dangerous Dog Acknowledgement delivered 3/30/24 Composite Exhibit 9: 2 photos of home where dog is harbored dated 6/26/24 Composite Exhibit 10: 2 photos of home where dog is harbored dated 6/28/24 Exhibit 11: Affidavit of Posting 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 $50.00 incurred in the prosecution of this case within 30 days of this hearing. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00. 4. The dog “Ace” be surrendered to Domestic Animal Services immediately and the Department may utilize the services of the Collier County Sheriff’s Department or any other Agency with jurisdiction in the matter to conduct the measures necessary to impound the dog. 5. Total charges due are $557.00 to be paid within 30 days of this hearing. 12. CASE NO: CEAC20240009882-02 OWNER: Julitza Martinez OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Sections 14-38(2)(A). Failure to register “Ace” as a dangerous dog within allowable time 3rd Offense, issued on October 15, 2024, at 11:40 am. FOLIO NO: PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142 Date of Notice of Hearing by Certified Mail: 10/16/24 Date of Property/Courthouse Posting: 10/17/24 The Respondent was not present. Manager Timothy Crotts and Supervisor Joseph Mucha of Code Enforcement represented the County. Manager Crotts testified the Citation was issued on October 15, 2024, for failure to register Ace as a Dangerous Dog after Officer Olivia Martinez conducted a site visit to the home of Ms. Martinez and found the dog unattended. Research of the County records revealed no registration of the dog as required when it was declared dangerous by the County. Ms. Martinez was previously notified of the measures she needed to take to conform to the County’s requirements. Evidence Entered: Composite Exhibit 1: 2 Photos of victim injury dated 9/26/23 Exhibit 2: Request for County Attorney Review for Dangerous Dog Dec. Exhibit 3: Response from County Attorney Exhibit 4: County Ordinance 14-38(1) Exhibit 5: County Ordinance 14-38(2) November 1, 2024 16 Exhibit 6: County Ordinance 14-38(6) Exhibit 7: Sufficient cause letter dated 3/29/24 delivered and signed for Exhibit 8: Dangerous Dog Acknowledgement delivered 3/30/24 Composite Exhibit 9: 2 photos of home where dog is harbored dated 6/26/24 Composite Exhibit 10: 2 photos of home where dog is harbored dated 6/28/24 Exhibit 11: Affidavit of Posting 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 $50.00 incurred in the prosecution of this case within 30 days of this hearing. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $500.00. 4. The dog “Ace” be surrendered to Domestic Animal Services immediately and the Department may utilize the services of the Collier County Sheriff’s Department or any other Agency with jurisdiction in the matter to conduct the measures necessary to impound the dog. 5. Total charges due are $557.00 to be paid within 30 days of this hearing. 13. CASE NO: CEEX20240009998-DAS-V24-020645 OWNER: Leticia Anastacio OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to vaccinate, issued on August 3, 2024, at 3:05 pm. 5th offense “Rex”. FOLIO NO: PROPERTY ADDRESS: 4411 Thomasson Ln, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 10/17/24 The Respondent was not present. Supervisor Joseph Mucha of Code Enforcement and Officer Ress represented the County. Officer Ress testified she was working on another case on October 3, 2024 when she observed “Rex” running at large. A review of County records indicated the dog had not been vaccinated in accordance with County requirements and accordingly the Citation was issued. The owner did undertake the necessary measures to have the dog vaccinated following receipt of the Citation. Evidence Entered: Exhibit 1: 1st Offense Citation issued in 2015 Exhibit 2: 2nd Offense Citation issued in 2018 Exhibit 3: 3rd Offense Citation issued in 2019 Exhibit 4: 4th Offense Citation issued in 2023 Exhibit 5: 5th Offense Citation issued on 8/3/24 Special Magistrate Neale finding the Notice of Hearing was properly served, DISMISSED the Citation as the owner complied with the Ordinance following issuance of the Citation. 14. CASE NO: CEEX20240009992-DAS-V24-020646 OWNER: Leticia Anastacio OFFICER: Hope Ress November 1, 2024 17 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 33(1). Failure to license, issued on August 3, 2024, at 3:05 pm, 5th offense “Rex”. FOLIO NO: PROPERTY ADDRESS: 4411 Thomasson Ln, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 10/17/24 The Respondent was not present. Supervisor Joseph Mucha of Code Enforcement and Officer Ress represented the County. Officer Ress testified she was working on another case on October 3, 2024, when she observed “Rex” running at large. A review of County records indicated the dog had not been licensed in accordance with County requirements and accordingly the Citation was issued. The owner did take the necessary measures to license the dog following issuance of the Citation. Evidence Entered: Exhibit 1: 1st Offense Citation issued in 2015 Exhibit 2: 2nd Offense Citation issued in 2018 Exhibit 3: 3rd Offense Citation issued in 2019 Exhibit 4: 4th Offense Citation issued in 2023 Exhibit 5: 5th Offense Citation issued on 8/3/24 Special Magistrate Neale finding the Notice of Hearing was properly served, DISMISSED the Citation as the owner complied with the Ordinance following issuance of the Citation. 15. CASE NO: CEEX2024001002-DAS-V24-020705 OWNER: Marx Allan Marcelin OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to vaccinate, issued on September 9, 2024, at 9:51 am, 6th offense “Gates”. FOLIO NO: PROPERTY ADDRESS: 2091 43rd Terr SW, Naples, FL 34116 The case was combined with Case #16. 16. CASE NO: CEEX20240010004-DAS-V24-020706 OWNER: Marx Allan Marcelin OFFICER: Tad Bartareau VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article VI, Section 14-33(1). Failure to license, issued on September 4,2024, at 9:51 am, 6th offense “Gates”. FOLIO NO: PROPERTY ADDRESS: 2091 43rd Ter SW, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/18/24 The Respondent was not present. Supervisor Joseph Mucha of Code Enforcement represented the County and testified the cases involve failure to license and vaccinate “Gates” in accordance with County requirements. Evidence Entered: Exhibit 1: DAS database records 4/5/23 Exhibit 2: 2023 Citation failure to vaccinate November 1, 2024 18 Exhibit 3: Citation for 4th Offense failure to vaccinate Exhibit 4: 2023 Citation failure to license Exhibit 5: Citation for 4th Offense failure to license Special Magistrate Neale, finding the Notice of Hearing was properly served, found the Respondent GUILTY of the alleged violation and was ordered the following for each case: 1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case. 2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case. 3. Pay a Civil Penalty of $400.00. 4. Total charges due are $914.00 to be paid within 30 days of this hearing and to become a lien on the Respondent’s property if the costs are not paid as prescribed. B. EMERGENCY CASES None VIII. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 5. CASE NO: CENA20240001180 OWNER: ILONA DASBACH EST OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(19). Bee infestation. FOLIO NO: 55101000006 PROPERTY ADDRESS: 224 Pine Valley Cir, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 10/15/24 Date of Property/Courthouse Posting: 10/15/24 The Respondent was not present. Officer Musse represented the County testifying the violation was abated by the County. Special Magistrate Order: No. 6362 Page: 2991 Fine Amount: $250.00/day Duration: 136 days Total Fine Amount: $34,000.00 Unpaid Abatement Costs: $500.00 Unpaid Operational Costs: $223.45 Total to Date: $34,723.45 Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $34,723.45. Said amount payable within 30 days of this hearing and 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 November 1, 2024 19 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 – December 6, 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 1:21 P.M. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on ____________________________________, as presented ______________, or as amended ________________.