CESM Minutes 08/05/2022 August 5, 2022
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 5, 2022
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Patrick H. Neale
ALSO PRESENT: Michael Ossorio, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Administrative Secretary
Elena Gonzalez, Code Enforcement Specialist
August 5, 2022
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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: 9:11 a.m.
Reconvened: 9:25 a.m.
III. APPROVAL OF AGENDA
Ms. Gonzalez noted the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
1. CEEX20220005864-PU5978; Fountain View Circle LLC
2. CEEX20220005999-PU5979; DR Horton Inc
4. CEV20210011212; Luis Carrera Jaramillo
6. CEPM20200008860; Villages at Stella Maris Master Assoc Inc.
7. CESD20200000453; Carlos Gonzalez and Barbara Reyes
9. CESD20200013300; Takeshi Nicholas Okubo
11. CESD20220002487; San Juana Tovar Perez
12. CEROW20200003283; Arthur T. Bethanis
13. CEV20220001168; Rolando Rives, Zoila Curbelo and Francisca R. Serrano
15. CELU20220001125; Rolando Rives, Zoila Curbelo, and Francisca R. Serrano
17. CEV20210012511; Elvin Olavarria
18. CEROW20210012510; Elvin Olavarria
Under Item VII.B – Emergency Cases, the following item was added to the Agenda:
1. CEPM20220005545; Pacifica Arbour Walk, LLC.
Under Item VII.A– Hearings, the following cases were withdrawn:
3. CASE NO: CENA20210013201; Francisca Berrios
8. CEPM20210001952; Hanapepe LLC
14. CASE NO: CESD20220001661; Rolando Rives, Zoila Curbelo and Francisca R. Serrano
16. CEPM20210010152; The Oasis at Naples Condominium Assoc Inc
19. CELULU20220002415; Chokolucky IV LLC
30. CEEX20220006583-DASV22-012957; Stephen Schessler
31. CEEX20220006599-DASV22-012958; Stephen Schessler
August 5, 2022
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Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
5. CEROW20210000627; Kanokwan C Thammasen
6. CASE NO: CENA20210011108; Lenny Mujica
8. CESD20210005896; Esteban Ramirez Jr, Isikel & Francisca Ramirez
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the July 1, 2022, hearing were approved by Special Magistrate Neale.
V. MOTIONS
C. MOTION FOR REHEARING
1. CASE NO: CEEX20220005048-SOE220017
OWNER: Margaret Marcelus-Bens
OFFICER: Sgt. Steven Walsh
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-66(2)(g). Parked, unattended on yellow striped no parking area on
northern shoulder of Vanderbilt Beach Road just west of S Bay Dr.
FOLIO NO:
PROPERTY ADDRESS: Vanderbilt Beach RD, Naples, FL 34108
Ms. Marcelus-Bens testified that her sister had major health issues and she was driving to the
beach with her children in the car. She had a panic attack and could not find a parking space and
pulled over in the unauthorized area as she could not drive any further without endangering herself,
the children, or others. She did exit the vehicle and leave it unattended for approximately 30
minutes and returned to the car when Sgt. Walsh was present.
Sgt. Walsh noted she was present at the vehicle when he handed her the citation.
Special Magistrate Neale, noting Ms. Bens had a medical emergency, DISMISSED the Citation.
VII. PUBLIC HEARINGS
B. EMERGENCY CASES
1. CASE NO: CEPM20220005545
OWNER: Pacifica Arbour Walk, LLC.
OFFICER: Steven Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and
Building Regulations, Article VI, Property Maintenance Code Section(s) 22-
231(19), 22-231(122)(p).
FOLIO NO: 64539005622
PROPERTY ADDRESS: 2178 Arbour Walk ClR, Unit #2317, Naples, Fl. 34109
The Respondent’s representative appeared near the end of the hearing.
Date of Hearing Notice by Certified Mail: 7/25/22
Date of Property/Courthouse Posting: 7/25CEPM20200008860/22
Officer Athey represented the County and testified:
• He visited the residence on June 30, 2022, and immediately noticed an issue with mold
upon entering the premise.
• He observed dusty air vents, mold on clothing and furniture, separated flooring, etc. and a
violation was issued to the owner.
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• He revisited the site on August 3, 2022, with Director Ossorio who ordered the premise
to be vacated immediately as the conditions had deteriorated.
Evidence Entered: Composite Exhibit 1: 11 photos dated 6/30/22 and 8/3/22
Composite Exhibit 2: 13 photos taken by tenant April – July 2022.
Afney Estanis, tenant testified:
• The photos she took and those submitted by the County are an accurate depiction of the
condition of the apartment.
• The problem initiated on April 1st of this year and the leak is coming from the upstairs
unit.
• She spoke to the upstairs residents who informed her the situation had been occurring for
several months.
Special Magistrate Neale found the Respondent in violation of the referenced Ordinances.
Elizabeth Saavedra, Property Manager appeared and apologized for being late for the hearing.
Special Magistrate Neale allowed her to testify in the matter.
Ms. Saavedra testified that she could provide written documentation from the property owner
authorizing her to represent the Respondent. She is aware of the issue and arrangements have
been made for repairs to the unit. Measures will be taken to re-locate the tenant to a suitable unit
in the complex.
Ms. Estanis noted that she is amenable to relocating but wishes to inspect the unit before
accepting the offer.
Ms. Saavedra agreed.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered
to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion to repair ceilings and flooring in dwelling. Must vacate the dwelling
immediately and dwelling must remain unoccupied until violation is abated. Must provide
comparable housing within the complex for the tenant within 5 days of this hearing. Must
remediate any and all elevated mold in dwelling whether airborne or mold growth using a
licensed mold technician to conduct remediation and provide a post remediation report to
the Code Enforcement Division within 7 days of this hearing or a fine of $1,000.00 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
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V. MOTIONS (Continued)
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
PUBLIC HEARINGS
A. HEARINGS
21. CASE NO: CENA20220005657
OWNER: HIGHLAND PROPERTIES OF LEE AND COLLIER LIMITED
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e). Concrete, rebar
and miscellaneous litter/debris piled/accumulated throughout the property.
FOLIO NO: 00407360000, 00408160005, 00407320008
PROPERTY ADDRESS: 4886 Santa Barbara BLVD, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 7/22/22
Date of Property/Courthouse Posting: 7/25/22
Manager Letourneau represented the County and testified:
• That on June 16, 2022, a meeting was held with the Respondent after numerous
reviews of activity occurring on the 3 folioed properties referenced above.
• The activity, which has been occurring since 2019 involves the delivery of debris to
the site from off premise sources. The litter includes concrete, rebar and other
miscellaneous debris where heavy machinery is used to deal with the refuse.
• At the meeting, a Notice of Violation was issued to the landowner for the activity.
• During the meeting, the Respondent notified the County he would obtain the
necessary permits to crush the concrete and spread the processed material on site and
remove any other debris present.
• On August 3, 2022, a permit application was submitted to the South Florida Water
Management District (SFWMD) however the violation remains as of today.
Evidence Entered: Exhibit 1: Permit Application for SFWMD
Composite Exhibit 2: 11 photos
Composite Exhibit 3: 4 aerial photos of the property
Exhibit 4: SFWMD dated 8/1/22
Harrison Hubschman of Highland Properties of Lee and Collier Limited was present.
Evidence Entered: Composite Exhibit 1: Ordinance 2021-48; Newspaper Article; Grady
Minor Report dated 8/1/22; Email from Mark Minor to Jack McKenna,
County Engineer; Professional Service Agreement; Earth Tech
Enterprises letter dated 8/3/22; Taormina Reserve Environmental
Resource Permit Plans; Email dated 7/19/22 from Mr. Hubschman to
C.E. Officer Bradley Holmes
He testified:
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• That approximately 17 acres of the 82.5 acres site is impacted by the concrete
recycling operation.
• In early 2021 concrete was delivered to the site from demolition projects off property
and was to be processed and spread on the site.
• The County was aware of the operation which is a common practice throughout the
County.
• The activity involved the accumulation of a large amount of material which did create
noise and dust leading to complaints by neighbors.
• The debris was classified as litter and inert material under Ordinance 2005-44 which
allows the activity however in November of 2021, the South Florida Water
Management District (SFWMD) revoked his Environmental Resource Permit (ERP).
• Subsequently, Jamie Cook (Collier County) notified him crushing of concrete was no
longer permitted on site, so he ceased operation.
• He questioned the requirement of an ERP for the work and was going to sue SFWMD
however it was too expensive and “risky” and he decided to apply for a new permit.
• He engaged the engineering firm Q Grady Minor to obtain the permit as the County
has informed him, if the permit is issued, the Stop Work Order will be rescinded, and
he can start work.
• After the ERP was revoked, the County amended Ordinance 2005-44 in December of
2021 (2021-48) and reclassified “litter” and prohibited materials from being delivered
to a site for processing.
• All previous debris was legally delivered to the site, but the Ordinance now prohibits
the activity, and a Notice of Violation was issued.
• Earth Tech, the contractor who will be processing the material has informed him they
can begin work within 72 hours of notification and it will take approximately 120
days to complete the work.
• He does not believe he is in violation of the Ordinance as it is an “after the fact”
determination and no new material will be delivered to the site.
• The crushing equipment will not create dust as it is sprinklered and requires Florida
Department of Environmental Protection certifications.
• He requested the Special Magistrate find he is not in violation of the Ordinance or
issue a 30-day continuance for the case so he may obtain the ERP.
Jamie Cook, Director of Development Review, Collier County testified that the County
Land Development Code requires a water management permit be issued and provided to the
County before a pre-construction meeting is held with Staff. An ERP is required for
dredging filling wetlands, stormwater management or site grading for all sites greater than 10
acres in size and 2 acres of impervious surfaces. The definition of construction activity in the
County includes site grading and requires an issuance of an ERP.
Mr. Hubschman noted that he is not site grading, rather processing material for use as fill.
Manager Letourneau noted that Ordinance 2021-48 adopted on December 16, 2021 allows
a 90 day time frame following its enactment for activities covered under the requirements to
be completed before enforcement action may be taken. The Notice of Violation was issued
for litter being present on site.
August 5, 2022
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Special Magistrate Neale cited Section in Ordinance 2021-48 which provides the 90-day
deadline after adoption for a property owner to address issues.
Assistant County Attorney Colleen Kerins reported that before any public speakers are
allowed to provide comment, Attorney General Opinion 2701 requires the Special Magistrate
to make a finding in the case.
Special Magistrate Neale, after reviewing the evidence and hearing the testimony found
the Respondent in violation of the County Ordinances.
Speaker
Cathy Novy, Firano resident noted that the operation created a dust fallout and a noise
nuisance. Not only was concrete debris disposed of on the property, but stairwells, sinks,
toilets, tires, etc. creating a waste disposal site. Dumping debris on the property for
processing was not permissible under the previous Ordinance as asserted nor a common
practice in the County.
Mr. Hubschman noted that the dust occurred due to the delivery and dumping of the
material and it should not be an issue moving forward given the crushing operation will be
FDEP certified including sprinklered equipment to prevent dust from exiting the site.
Special Magistrate Neale, having previously found the Respondent GUILTY of the alleged
violation and ordered them to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Pay a Civil Penalty of $1,000.00.
3. Remove all unauthorized accumulation of litter to a site designated for final disposal or
obtain all required Collier County approvals and permits to allow for the onsite use of
any of these materials within 30 days of this hearing or a fine of $1,000.00 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: $1,111.70
VI. STIPULATIONS
1. CASE NO: CEEX20220005864-PU5978
OWNER: Fountain View Circle LLC
OFFICER: Michele McGonagle
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section
118-64. Unauthorized accumulation of litter including but not limited to
cardboard, trash bags, couch, box spring, plastic, aluminum, and glass etc. piled
up outside compactor enclosure.
FOLIO NO: 00256200007
PROPERTY ADDRESS: 2602 Fountain View Circle, Naples, FL 34109
August 5, 2022
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Date of Hearing Notice by Certified Mail: 7/6/22
Officer McGonagle requested the hearing.
The Stipulation was entered into by the Respondent’s representative Michael Joanen on August 1,
2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $145.44 of incurred in the prosecution of this case.
2. Pay an Administrative Fee of $5.00.
3. Pay a Civil Penalty of $500.00.
Total Amount Due: $650.44 within 30 days of this hearing.
2. CASE NO: CEEX20220005999-PU5979
OWNER: DR Horton Inc.
OFFICER: Michelle Scavone
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Sections
134-174(C) and 134-174(Q). A piece of pipe illegally connected to the Collier
County curb stop. The connection is also providing free water service. Health, and
safety welfare.
FOLIO NO: 71430601406
PROPERTY ADDRESS: 18736 Ensenada Dr, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 7/6/22
Officer Scavone requested the hearing.
The Stipulation was entered into by the Respondent’s representative William Perry on August 1,
2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $50.00 of incurred in the prosecution of this case.
2. Pay an Administrative Fee of $5.00.
3. Pay a Civil Penalty of $15,000.00.
Total Amount Due: $15,055.00 within 30 days of this hearing.
3. CASE NO: CEPM20200008860
OWNER: Villages at Stella Maris Master Association Inc.
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1). Seawall in need of repair.
FOLIO NO: 74890000301
PROPERTY ADDRESS: 356 Stella Maris Dr. N, Naples, FL 34114
Officer Asaro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Frank Lee on August 3, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.65 incurred in the prosecution of this case within
30 days of this hearing.
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2. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion to repair the seawall within 90 days of this hearing or a fine of $200.00 per day
will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.65
4. CASE NO: CESD20220002487
OWNER: San Juana Tovar Perez
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section
10.02.06(B)(1)(a). Shingle re-roof in progress without first obtaining a valid
Collier County permit.
FOLIO NO: 62096800003
PROPERTY ADDRESS: 5345 Hardee St, Naples, FL 34113
Officer Musse requested the hearing.
The Stipulation was entered into by San Juana Tovar Perez on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.65 incurred in the prosecution of this case within
30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion for the reroof within 90 days of this hearing or a fine of $100.00 per day will be
imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.65
5. CASE NO: CEV20210012511
OWNER: Elvin Olavarria
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A).
Parking area of this single-family residence is greater than the allowed forty
percent (40%) of the required front yard.
FOLIO NO: 49482200007
PROPERTY ADDRESS: 4104 Cindy Ave, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 7/12/22
Supervisor Mucha requested the hearing.
The Stipulation was entered into by Elvin Olavarria on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
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1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Reduce the designated parking area to 40 percent (40%) of the required front yard within 120
days of this hearing or a fine of $100.00 per day will be imposed until the violation has been
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
6. CASE NO: CEROW20210012510
OWNER: Elvin Olavarria
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division I,
Section 110-32. Pavers and stones placed in the County right-of-way without the
required Collier County permit.
FOLIO NO: 49482200007
PROPERTY ADDRESS: 4104 Cindy Ave, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 7/12/22
Date of Property/Courthouse Posting: 7/13/22
Supervisor Mucha requested the hearing.
The Stipulation was entered into by Elvin Olavarria on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Obtain all Right-of-Way permits, inspections and Certificate of Completion or restore the
right-of-way to its originally permitted condition within 120 days of this hearing or a fine of
$100.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
7. CASE NO: CESD20200013300
OWNER: Takeshi Nicholas Okubo
OFFICER: Ryan Cathey
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 roof
addition to existing lanai.
FOLIO NO: 63454640008
PROPERTY ADDRESS: 4540 Dorando Dr, Naples, FL 34103
August 5, 2022
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Date of Hearing Notice by Certified Mail: 7/7/22
Date of Personal Service: 7/21/22
Officer Cathey requested the hearing.
The Stipulation was entered into by Elio Okubo on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion/Occupancy for the unpermitted roof addition to the existing lanai within 120 days
of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
8. CASE NO: CEV20210011212
OWNER: Luis Carrera Jaramillo
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed/Inoperable vehicle(s) on the property.
FOLIO NO: 62252160008
PROPERTY ADDRESS: 5209 Gilchrist St, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 7/7/22
Date of Property/Courthouse Posting: 7/6/22
Officer Asaro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Samuel Jaramillo on August 5,
2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Repair and affix a current valid license plate to each vehicle in violation or store these vehicles
in a completely enclosed structure or remove vehicles to a site intended for such use within 60
days of this hearing or a fine of $50.00 per day will be imposed until the violation has been
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
9. CASE NO: CESD20200000453
OWNER: Carlos Gonzalez and Barbara Reyes
August 5, 2022
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OFFICER: Ryan Cathey
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
Date of Hearing Notice by Certified Mail: 7/5/22
Date of Property and Courthouse Posting: 7/18/22
Officer Cathey requested the hearing.
The Stipulation was entered into by Carlos Gonzalez and Barbara Reyes on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion/Occupancy for the additions/improvements within 90 days of this hearing or a
fine of $200.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
10. CASE NO: CELU20220001125
OWNER: Rolando Rives, Zoila Curbelo, and Francisca R. Serrano
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-181 and Collier County Land Development Code 04-41, as
Amended, Sections 1.04.01(A) and 2.02.03. Unauthorized structures and
litter/prohibited outside storage including, but not limited to, sheds, vehicle parts,
tools, tires, scrap metal, and plastics.
FOLIO NO: 38660760008
PROPERTY ADDRESS: 5330 Everglades Blvd. N, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 7/5/22
Date of Property/Courthouse Posting: 7/18/22
Officer Cathey requested the hearing.
The Stipulation was entered into by Fransisco Serrano and Rolando Rives on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Remove all unauthorized accumulation of litter and all other items not permitted for outside
storage to a site designated for such use, or items in a completely enclosed structure within 60
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
August 5, 2022
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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: CEV20220001168
OWNER: Rolando Rives, Zoila Curbelo and Francisca R. Serrano
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed/inoperable vehicles parked on the property.
FOLIO NO: 38660760008
PROPERTY ADDRESS: 5330 Everglades Blvd N, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 7/5/22
Date of Property/Courthouse Posting: 7/18/22
Officer Cathey requested the hearing.
The Stipulation was entered into by Fransisco Serrano and Rolando Rives on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
2. Repair and affix a current valid license plate to each vehicle in violation or store these vehicles
in a completely enclosed structure or remove vehicles to a site intended for such use within 60
days of this hearing or a fine of $50.00 per day will be imposed until the violation has been
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
12. CASE NO: CEROW20200003283
OWNER: Arthur T. Bethanis
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter110, Article II, Division 1,
Section 110-31(a). Unpermitted work in the county right of way.
FOLIO NO: 39595520008
PROPERTY ADDRESS: 4540 10th St NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 7/5/22
Date of Property and Courthouse Posting: 7/18/22
Officer Cathey requested the hearing.
The Stipulation was entered into by Arthur Bethanis on August 5, 2022.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case within
30 days of this hearing.
August 5, 2022
14
2. Obtain all required Collier County Permit(s) or demolition work, Inspections and Certificate
of Completion/Occupancy for the unpermitted work in the County right-of-way within 90 days
of this hearing or a fine of $100.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
VII. PUBLIC HEARINGS
A. HEARINGS (Continued)
10. CASE NO: CEV20220004383
OWNER: Timothy Schaus
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Vehicles with expired tags.
FOLIO NO: 24690000946
PROPERTY ADDRESS: 3222 Karst CT, Naples, FL 34112
Timothy Schaus was present.
Mr. Musse represented the County and testified:
• The May 10, 2022, violation was issued as he observed 2 vehicles on the premise with
expired tags, a Mercedes Benz and a Cadillac.
• Mr. Schaus informed him the Mercedes Benz was a friend’s car and the Cadillac has a title
issue as it is in his wife’s name and the subject of a divorce proceeding.
• During a follow up visit to the site the Mercedes Benz had been removed however there
was new vehicle on site, a white Mercury with an upside-down license plate.
• The Cadillac remained on site with dealer tags on the vehicle which expire on September
30, 2022.
• The violation remains as of today.
Evidence Entered: Exhibit 1: 3 photos dated 5/6/22
Exhibit 2: 1 photo dated 6/1/22
Exhibit 3: 2 photos dated 6/14/22
Exhibit 4: 2 photos dated 8/4/22
Mr. Schaus testified:
• His wife holds the title to the Cadillac, and she has agreed to visit the Motor Vehicle
Department to resolve the issue.
• He was unaware the license plate on the Mercury was installed upside down.
• He has supporting documents validating the Cadillac’s insurance and registration.
• His attorney has informed him it is legal to drive the Cadillac.
Evidence Entered: Exhibit 1: Insurance Verification
Exhibit 2: Dealer registration for Cadillac
August 5, 2022
15
Special Magistrate Neale noted the Ordinance requires a registration be assigned to the vehicle,
not the owner of the vehicle.
Manager Letourneau withdrew the case.
Break: 12:05 p.m.
Reconvened: 12:47 p.m
22. CASE NO: CELU20220005050
OWNER: Debbie Bello Lopez and Ramon Lopez
OFFICER: John Delia
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Collier County Code of Laws and Ordinances,
Chapter 130, Article III, Section 130-96(a). Several recreational
vehicles/trailers being stored and rented on the property. Property is being
used as a campground and is not permitted in this zoning district.
FOLIO NO: 38970400003
PROPERTY ADDRESS: 2960 56th AVE NE, Naples, FL 34120
Debbie Lopez was present.
Officer Delia represented the County and testified:
• The Notice of Violation was served on June 7, 2022, based on site visits conducted on May
24th.
• On May 25th he discussed the issue with property owner who notified him the vehicles were
being stored on site and there was no renting of RVs nor persons living in the RV’s.
• During a follow up site visit, he observed numerous RVs on site, with only 2 being
registered to the owner of the property.
• During the investigation, a person contacted the County and notified them they had been
leasing an RV on site and residing in the vehicle.
• The last inspection occurred on July 19th, and the vehicles remained on site in violation of
the Ordinance.
Evidence Entered: Exhibit 1: Aerial photos from 2019, 2022
Exhibit 2: BCC email
Exhibit 3: 9 photos dated 5/25/22 and 7/15/22
Exhibit 4: 8 emails from former tenant on property
Exhibit 5: 2 videos from former tenant on property
Exhibit 6: rental receipt
Manager Letourneau reported:
• Three weeks ago, the Department was contacted by the Collier County Sheriff’s Office
regarding the death of a dog in one of the RVs.
• The tenant (Ms. Garcia) reported the death was the result of the lack of air conditioning in
the RV.
• Ms. Garcia has provided documentation for the case via email including copies of a lease,
rent receipts, texts, contacts with the BCC, etc.
Ms. Lopez testified:
August 5, 2022
16
• The woman in question wanted to buy one of the RVs and had no where to live so she
rented a room to her in the house.
• The dog was harbored in the RV as she does not allow dogs in her home.
• The dog was not well cared for, including being deprived of food and water.
• The air conditioning failed due to a lightning storm which interrupted electrical service to
the vehicle.
• She buys RV’s and repairs them on the property, and no one resides in them on the premise.
Manager Letourneau noted the vehicles on site must be titled to the owner and have valid
registrations. Repairs of vehicles is not permitted on site.
Special Magistrate Neale noted the alleged tenant, Ms. Garci is not present at the proceeding to
answer questions and verify the information she has supplied to the County.
Special Magistrate Neale CONTINUED the case indefinitely so the County may investigate the
matter further.
23. CASE NO: CEEX20220003523-DAS V22-011774
OWNER: Joseph Lyons
OFFICER: Tad Bartareau
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property, first offense.
FOLIO NO:
PROPERTY ADDRESS: 3748 Exuma Way, Naples, FL 34119
Joseph Lyons was present.
Danielle Jersey, Domestic Animal Services represented the County and testified a Citation was
issued to Mr. Lyons on February 13, 2022, for a dog-on-dog incident. Mr. Lyons is contesting
the Citation.
Mr. Lyons entered the following evidence:
Exhibit 1: Affidavit of Joseph Lyons
He testified:
• On the day of the incident, he was walking his dog “Mocha” when the other dog involved
in the altercation began barking at his dog.
• His dog was not the aggressor and was provoked by the other dog.
• Two weeks ago, when he was walking his dog, the same dog began barking from its
owner’s garage attempting to provoke Mocha.
Ms. Jersey testified:
• The photos to be entered as evidence were taken by the Officer who issued the Citation
on the day it was issued to Mr. Lyons.
• The dog’s owner who was the subject of the injuries submitted an affidavit stating Mocha
caused the injuries to her dog.
• She is not present today to provide live testimony.
Evidence Entered: Exhibit 1: 4 photos dated 2/13/22
August 5, 2022
17
Special Magistrate Neale noted that the Ordinance states the attack needs to be “unprovoked”
and the victim’s owner is not present to provide testimony. Mr. Lyons has testified the other dog
provoked Mocha leading to the incident.
Special Magistrate Neale DISMISSED the Citation.
24. CASE NO: CEEX20220006411-DASV22-012814
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. Dog found on Pilot Circle. Dog off owner’s
property; “Simba”.
FOLIO NO:
PROPERTY ADDRESS: Pilot Circle, Naples, FL 34120
Laura Baker was present.
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on May 31, 2022, and is the Respondent’s 3rd offense.
Ms. Baker testified:
• That it was storming on the day of the incident and during a break in the weather, she
decided to walk her 2 dogs.
• Just after exiting the house, a clap of thunder startled the dogs, and one ran back into the
house while she lost control of the other (Simba).
• Simba fled the yard into a gated community adjacent to her property.
• When she went over to speak to someone through the privacy fence, she found out Simba
was tied up to some building trusses in the community and she would have to come
retrieve the dog.
• She asked for the dog to be released so it could return home, but the individual did not
oblige.
Steve Baker (son) testified:
• That his mother notified him the dog was in the community next door and went to
retrieve the dog but when he arrived at the location, Domestic Animal Services personnel
had already picked up the dog.
• They have no problem paying the impound fees, but do not want to pay the fines.
Ms. Jersey noted that the first offense occurred on May 11, 2022, followed by the second on
May 19, 2022 where a $200 fine was waived as Ms. Baker completed educational courses and
only had to pay $45.00 for the violation.
Ms. Baker reported a fence has now been installed in the yard.
Special Magistrate Neale noting the case involves a 3rd offense, UPHELD Issuance of the
Citation and ordered the Respondent to pay a $200.00 Fine, $50.00 in Operational Costs and a
$5.00 Administrative Fee for a total amount of $255.00 due in 3 installments. The first within
30 days of this hearing, the second withing 60 days of this hearing and the third withing 90
days of this hearing.
August 5, 2022
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25. CASE NO: CEEX20220006417-DASV22-012407
OWNER: Jully Castillo
OFFICER: Joe Marino
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large, resulting in impound. Fifth offense. (Pinky)
FOLIO NO:
PROPERTY ADDRESS: 5305 18th St SW, Naples, FL 34116
Notice of Hearing by Certified Mail: 7/13/22
Jully Castillo was present.
Danielle Jersey, Domestic Animal Services represented the County and testified:
• The incident occurred on 4/18/22 and was the 5th Offense for the Respondent creating a
mandatory appearance before the Special Magistrate.
• The last incident occurred in November of 2016.
• She recommended a fine in the amount of $350 - $500 be imposed for the violation.
Ms. Castillo testified she has not had an incident since 2016 and her children were home at the
time the dog escaped, she was not present.
Special Magistrate Neale noting there has not been an issue since 2016 ordered the
Respondent to pay a $300.00 Fine, $50.00 in Operational Costs and a $5.00 Administrative
Fee for a total amount of $355.00 due within 60 days of this hearing.
26. CASE NO: CEEX20220006446DAS-V22-012543
OWNER: Anna Derosa
OFFICER: William Rardin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property. Dog “Ghost” attacked and damaged another
dog.
FOLIO NO:
PROPERTY ADDRESS: Morning Sun Ln, Naples, FL 34119
This case was combined with Case #27.
27. CASE NO: CEEX20220006455-DASV22-012544
OWNER: George Dye
OFFICER: William Rardin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property, Dog “Sayle” attacked and damaged another
dog.
FOLIO NO:
PROPERTY ADDRESS: Morning Sun Ln, Naples, FL 34119
Anna Derosa and George Dye were present.
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on May 4, 2022, for an incident which occurred on April 25, 2022 where 2 dogs were
injured.
Ms. Derosa testified:
• That she was walking her dog “Ghost” when she observed Mr. Dye with his dog “Sayla.”
August 5, 2022
19
• After exchanging greetings, she proceeded on her way and Ghost stopped to go to the
bathroom.
• Unbeknownst to her, Mr. Dye followed behind and when Sayla got approximately 2 feet
behind Ghost, he startled the dog and Ghost turn and bit Sayla.
• An altercation occurred and both dogs sustained minor injuries.
Mr. Dye noted he did follow Ms. Derosa and her dog, however, did not get that close to them
when the altercation occurred.
Special Magistrate Neale noting the incident was a minor altercation between 2 dogs and it
was hard to determine which dog may have provoked the other, DISMISSED the Citations.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEROW20170015842
OWNER: Elizabeth Fox
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Failed culvert pipes under the driveways
along Ridge Drive and a failed/blocked drainage culvert/swale along the north
side of the property between Ridge Drive and Goodlette-Frank Road,
impeding stormwater flow.
FOLIO NO: 67184800004
PROPERTY ADDRESS: 110/122 Ridge DR, Naples, FL 34108
Elizabeth Fox was present and represented by John Broger. He requested a continuance in the
case as Ms. Fox is working on abating the violation.
Officer Cathey represented the County and had no objection to the request.
Special Magistrate Neale CONTINUED the case until the November hearing date.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
28. CASE NO: CEEX20220006582-DASV22-013103
OWNER: Fermin Castillo
OFFICER: Brian Goldhorn
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running loose off owner’s property, resulting in impound,
Fourth Offense; “Lana”.
FOLIO NO:
PROPERTY 6870 40th St. NE, Naples, FL 34120
Cases #28 and #29 were combined.
29. CASE NO: CEEX20220006585-DASV22-013102
OWNER: Fermin Castillo
OFFICER: Brian Goldhorn
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running loose off owner’s property, resulting in impound,
Fourth Offense “Akira”.
August 5, 2022
20
FOLIO NO:
PROPERTY ADDRESS: 6870 40th ST NE, Naples, FL 34120
Notice of Hearing Date by Certified Mail: 7/15/22
Fermin Castillo was present.
Danielle Jersey, Domestic Animal Services represented the County and testified:
• Mr. Castillo’s dogs Akira and Lana were impounded after being caught “running loose,”
the fourth offense for the owner.
• He has not paid the previous fines for similar infractions, nor kept up with County licensing
and vaccination requirements.
• She recommended a fine in the amount of $350 - $500 be imposed for each violation.
Mr. Castillo testified that he has taken measures to prevent the dogs from escaping from the
fenced area on his property including placing wooden four by fours horizontally in the ground
beneath the fencing. The measures have not been successful in preventing the dogs from digging
under the fence and escaping the enclosed area.
Special Magistrate Neale noting it was the 4th Offense for Mr. Castillo ordered him to pay a
$350.00 Fine for each case, $50.00 in Operational Costs and a $5.00 Administrative Fee for a
total amount of $755.00 due within 30 days of this hearing.
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
3. CASE NO: CEROW20180000099
OWNER: Armand Procacci and Susan Elizabeth Procacci
OFFICER: Jordann Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Division I, Section 110-30. Damaged driveway and drainage pipe intruding on
the County right-of-way.
FOLIO NO: 38287440002
PROPERTY ADDRESS: 4820 Mahogany Ridge DR, Naples, FL 34119
Date of Hearing Notice by Certified Mail: 7/11/22
Date of Hearing Notice Property/Courthouse Posting: 7/6/22
Armand Procacci was present.
Officer Marinos reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $24,411.90.
Special Magistrate Neale, noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
4. CASE NO: CESD20210002697
OWNER: Charles G Simmons and Danna L Simmons
OFFICER: Jordann Marinos
VIOLATIONS: Florida Building Code, 7th Edition (2020), Chapter 4, Section 454.2.17.
Collier County Land Development Code 04-41, as amended, Section
August 5, 2022
21
10.02.06(B)(1)(a). An inground swimming pool with no permanent protective
barrier in place.
FOLIO NO: 35994360009
PROPERTY ADDRESS: 2755 46th ST SW, Naples, FL 34116
Danna Simmons was present.
Date of Hearing Notice by Certified Mail: 7/11/22
Date of Hearing Notice Property/Courthouse Posting: 7/6/22
Officer Marinos represented the County.
Special Magistrate Order: No. 6140 Page: 2833
Fine Amount: $150.00
Duration: 65 days
Total Fine Amount: $9,750.00
Unpaid Operational Costs: $223.60
Total to Date: $9,973.60
Danna Simmons son represented the family noting that they have had personal issues but are
working to abate the violation. Their property is fenced in, however there is no screen cage
around the pool.
Officer Marinos noted that the area in question may have a pool barrier, and a screen cage is
not required.
Ms. Simmons son reported that they could install a barrier as an option to a screen cage.
Manager Letourneau noted that the property is “fenced in” and would not object to a
Continuance in the case.
Special Magistrate Neale CONTINUED the case until the December hearing date. Said
continuance subject to the Respondent paying $111.75 in Operational Costs within 14 days of
this hearing.
7. CASE NO: CESD20220001819
OWNER: O-ZONE INVESTMENTS USA LTD
OFFICER: John Connetta
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.13(F). Failure to submit required PUD Monitoring Report for Sierra
Meadows LLC Lot #7.
PROPERTY ADDRESS: No Site Address, Naples, FL 34113
The Respondent’s representative Patrick Conroy, Attorney was present.
Officer Connetta reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $3,911.75.
Mr. Conroy requested the fines and costs be waived.
Manager Letourneau did not object to the request.
Special Magistrate DENIED the County’s Motion for Imposition of Fines and Liens.
10. CASE NO: CELU20210004297
OWNER: I E C RENTALS INC
August 5, 2022
22
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03
and 1.04.01(A). Storage containers and/or a dumpster being stored on an
unimproved property with no active building permit on file in Collier County.
FOLIO NO: 74414080008
PROPERTY ADDRESS: No Site Address, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 7/11/22
Date of Hearing Notice Property/Courthouse Posting: 7/6/22
Robert Cadenhead of I E C Rentals, Inc was present reporting the violation has been abated.
Supervisor Mucha reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $23,311.85.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
20. CASE NO: CELU20210013112
OWNER: Marie A Louis, Fernande Douyon, and Jean R Louis
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code 04-41, as amended. Section
1.04.01(A). Selling merchandise under tent in front of occupied residential
property.
FOLIO NO: 22430018048
PROPERTY ADDRESS: 946 Hamilton ST, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 7/15/22
Date of Property/Courthouse Posting: 7/18/22
The Respondents were not present.
Officer Rodriguez represented the County reporting the violation has not been abated.
Evidence Entered: Exhibit 1: 1 photo dated 12/20/21
Exhibt 2: 1 photo dated 8/4/22
Special Magistrate Neale finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Cease all unauthorized selling of merchandise from a Residentially Zoned Property and
remove tent/canopy 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
IX. NEW BUSINESS
August 5, 2022
23
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
1. CASE NO: CELU20220001717
OWNER: Farman Ullah
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179. Outside storage and/or litter consisting of, but not limited to, buckets,
truck toolbox, wood, metals, coolers and gas cans on the property.
FOLIO NO: 62095840006
PROPERTY ADDRESS: 5318 Martin ST, Unit #1, Naples, FL 34113
The Respondent was not present.
Date of Hearing Notice by Certified Mail: 7/11/22
Date of Hearing Notice Property/Courthouse Posting: 7/7/22
Supervisor Mucha reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $1,711.75.
Special Magistrate Neale, finding the Notice of Hearing was properly served, noted the
violation has been abated, DENIED the County’s Motion for Imposition of Fines and Liens.
9. CASE NO: CEPM20180006789
OWNER: Jesse Santos and Michelle Santos
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(12)(c), 22-231(12)(n) and 22-231(15). Vacant home with
missing roof soffits panels, damaged pool enclosure, and unmaintained pool.
The pool covering in place is not being maintained.
FOLIO NO: 71373120002
PROPERTY ADDRESS: 18445 Royal Hammock BLVD, Naples, FL 34114
The Respondents were not present.
Date of Hearing Notice by Certified Mail: 7/11/22
Date of Hearing Notice Property/Courthouse Posting: 7/6/22
Supervisor Mucha reported that the violation has been abated, but not in the prescribed time
frame amassing fines and costs in the amount of $688,611.85. Mr. Santos is the new owner of
the property and abated the violation in a timely manner. Mr. Santos has submitted a letter
explaining the circumstances of the case.
Special Magistrate Neale, finding the Hearing of Notice was properly served, noted the
violation has been abated, DENIED the County’s Motion for Imposition of Fines and Liens.
X. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
August 5, 2022
XI. 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.
XII. REPORTS
None
XIII. NEXT MEETING DATE—SEPTEMBER 2, 2022 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 2:58 P.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
/ ,._.
Pic e, pecial Magistrate
The nutes were approved by the Special Magistrate on Z , as presented
, or as amended .
24