CESM Minutes 12/02/2022 December 2, 2022
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 2, 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 Specialist
Elena Gonzalez, Code Enforcement Specialist
December 2, 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 AM. All those
testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance
without being punitive.
Recessed: 9:14am
Reconvened: 9:33am
III. APPROVAL OF AGENDA
Ms. Gonzalez noted the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VIII.B – Motion for Imposition of Fines and Liens, the following cases were moved to V.C
– Motion for Continuance:
13. CASE NO: CEAU20220004549 - Joseph Hunt
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
18. CASE NO: CEPM20220008389 - 1725 W VOGEL LLC
7. CASE NO: CESD20220007981 - T D O R S Investments LLC
8. CASE NO: CEPM20220004164 - WEST SHORE POINT NAPLES LLC
11. CASE NO: CENA20220008479 - Marco A Hernandez-Bello
12. CASE NO: CEV20220008482 - Marco A Hernandez-Bello
16. CASE NO: CESD20220000229 - Eradio E Abreu Uz and Vivette Diaz Aguila
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CESD20220005678; Ricardo Guajardo & Holli Strickhorn
2. CELU20220005679; Ricardo Guajardo & Holli Strickhorn
3. CEV20220005682; Ricardo Guajardo & Holli Strickhorn
4. CENA20220004618; Kevin E Goodlet
5. CEV20220008882; Mark A Clegg
9. CEV20220007193; Edward M Olah
14. CEPM20220001649; Advanced Titan Inc & 16th Ave Acres LLC
15. CELU20220001088; Florida Georgia Grove LLP
17. CASE NO: CENA20220007102 - BLESSED IN NAPLES LLC
Under VIII.B – Motion for Imposition of Fines and Liens, the following cases was withdrawn:
6. CEVR20210000625; Kanokwan C Thammasen
7. CEROW20210000627; Kanokwan C Thammasen
Special Magistrate Neale approved the Agenda as modified.
December 2, 2022
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IV. APPROVAL OF MINUTES
The minutes of the November 4, 2022 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
13. CASE NO: CEAU20220004549
OWNER: Joseph Hunt
OFFICER: John Johnson
VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. A fence
has been installed without the required permits.
FOLIO NO: 48173640003
PROPERTY ADDRESS: 2667 Lakeview Dr., Naples, FL 34112
Date of Hearing Notice by Certified Mail: 11/10/22
Date of Property/Courthouse Posting: 11/11/22
Officer Delia represented the County.
Thomas Scangarello, consultant for Mr. Hunt reported they are working on compliance and
requested a Continuance for 90 days to abate the violation.
Special Magistrate Neale GRANTED the Motion for a Continuance and continued the case for
90 days.
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CEROW20200003283
OWNER: Arthur T Bethanis
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
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: 11/14/22
Date of Property/Courthouse Posting: 11/14/22
Officer Cathey represented the County.
Mr. Bethanis requested a 60-day Extension of Time as Hurricane Ian disrupted his ability to
abate the violation with only the paving aspect of the project remaining.
Officer Cathy had no objection to the request.
Special Magistrate Neale GRANTED the Motion for a Continuance and continued the case
for 60 days.
VI. STIPULATIONS
18. CASE NO: CEPM20220008389
OWNER: 1725 W VOGEL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
231(1), 22-231(5), 22-231(12)(p) and 22-231(13). Minimum occupancy standard
being that the unit is only 81 sq. ft. according to the sketches provided on Collier
Appraisers and not recommended minimum of 250 sq. ft. Stove without burners.
Damaged interior walls and ceiling.
December 2, 2022
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FOLIO NO: 61483000006
PROPERTY ADDRESS: 2996 Francis Ave, Unit #11, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 11/14/22
Date of Property/Courthouse Posting: 11/14/22
Officer Musse requested the hearing.
The Stipulation was entered into by Trevor Ekovich on December 1, 2022.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion to expand the unit to the
minimum square footage of 250 square feet and repair the damages to the interior wall and
ceiling or repair the damages and restore the room to an unoccupied storage space within 60
days of this hearing or a fine of $500.00 per day will be imposed until the violation has been
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
7. CASE NO: CESD20220007981
OWNER: T D O R S Investments LLC
OFFICER: Adam Collier
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Commencing
construction prior to obtaining Collier County building permits. Unpermitted shingle
roof and roof extension. See case number CECV20220008054.
FOLIO NO: 71271720009
PROPERTY ADDRESS: 42 Royal Cove DR, Naples, FL 34110
Date of Hearing Notice by Certified Mail: 11/8/22
Date of Property/Courthouse Posting: 11/9/22
Officer Collier requested the hearing.
The Stipulation was entered into by Daniel Tomici on December 2, 2022.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Occupancy/Completion for the re-roof and roof
extension within 180 days of this hearing or a fine of $150.00 per day will be imposed until the
violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
December 2, 2022
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Total Amount Due: $111.70
8. CASE NO: CEPM20220004164
OWNER: WEST SHORE POINT NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(12)(f). Damaged staircase in need of repair.
FOLIO NO: 389880006
PROPERTY ADDRESS: 2125 Scrub Oak Circle, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 11/8/22
Date of Property/Courthouse Posting: 11/10/22
Officer Musse requested the hearing.
The Stipulation was entered into by Addary Alfonso on December 2, 2022.
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 $111.65 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Completion for repairs to the damaged staircase
within 45 days of this hearing or a fine of $500.00 per day will be imposed until the violation
has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.65
11. CASE NO: CENA20220008479
OWNER: Marco A Hernandez-Bello
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-
179 and 54-181. Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Litter and prohibited outside storage of items on the property.
FOLIO NO: 35779720000
PROPERTY ADDRESS: 2090 41st ST SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/9/22
Date of Property/Courthouse Posting: 11/9/22
Officer Asaro requested the hearing.
The Stipulation was entered into by Mario Hernandez-Bello on December 2, 2022.
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. Removing all unauthorized litter and all other items not permitted for outside storage to a site
designated for such use or store items in a completely enclosed structure within 14 days of this
hearing or a fine of $100.00 per day will be imposed until the violation has been abated.
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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: CEV20220008482
OWNER: Marco A Hernandez-Bello
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections
130-95, 130-97(1), 130-97(2), 130-97(3), 130-97(4) and 130-97(5). Collier County
Land Development Code 04-41, as amended, Section 4.05.03(C).
Unlicensed/inoperable vehicles and commercial vehicles not properly stored on the
property. Also, vehicles parked on the grass or non-stabilized surface.
FOLIO NO: 35779720000
PROPERTY ADDRESS: 2090 41st ST SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/9/22
Date of Property/Courthouse Posting: 11/9/22
Officer Asaro requested the hearing.
The Stipulation was entered into by Mario Hernandez-Bello on December 2, 2022.
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. Store all commercial vehicle(s) equipment within a completely encloses structure in the rear
yard vegetatively screened and concealed from all views or remove offending vehicles from the
property within 60 days of this hearing or a fine of $100.00 per day will be imposed until the
violation has been abated.
3. Obtain an affix a current valid license plate to each vehicle not stored within the confines of a
completely enclosed structure within 60 days of this hearing or a fine of $50.00 per day will be
imposed until the violation has been abated.
4. Park all vehicles on an approved stabilized surface within 60 days of this hearing or a fine of
$50.00 per day will be imposed until the violation has been abated.
5. 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
16. CASE NO: CESD20220000229
OWNER: Eradio E Abreu Uz and Vivette Diaz Aguila
OFFICER: John Delia VIOLATIONS: Collier County Land Development Code 04-41 as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted structure.
FOLIO NO: 39599880003
PROPERTY ADDRESS: 4273 14th St. NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 11/10/22
December 2, 2022
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Date of Property/Courthouse Posting: 11/10/22
Officer Delia requested the hearing.
The Stipulation was entered into by Eradio Vivette on December 2, 2022.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections and Certificate of Completion/Occupancy for the rear structure
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
VII. PUBLIC HEARINGS
A. HEARINGS
20. CASE NO: CEEX20220010193-DASV22-013878
OWNER: Teri Olin
OFFICER: Bill Hamaras
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
37(1)(F). Beat and cause unnecessary injury or suffering to an animal;
“Meadow”.
FOLIO NO:
PROPERTY ADDRESS: 274 Worley St, Chokoloskee, FL 34138
Date of Hearing Notice by Certified Mail: 11/14/22
Danielle Jersey, Domestic Animal Services represented the County testifying:
The case involves a Citation issued on 9/26/22 for beating and causing unnecessary injury or suffering to
an animal.
A Citation in the amount of $257.50 was issued based on a video and an affidavit provided to the
Department.
Ms. Olin has contested the Citation.
Lynette Morris testified:
She witnessed the dog being trained in an aggressive manner including the use of firearms.
Ms. Olin is not a professional and is training the dog to become aggressive. The dog has also been
tethered to a fence post and is concerned the dog may jump the fence as there are children in the area.
When children are in the yard playing, Ms. Olin instructs the dog to “watch” the kids and expressed
concern on their safety.
Evidence Entered: Exhibit 1: Video of incident in June of 2022 - Ms. Olin stated the training
is conducted to stimulate the dog to increase jaw strength and focus. A soft object is utilized, not
a stick or piece of wood.
Exhibit 2: Photo of the dog tethered to a tree
Exhibit 3: 3 photos of items
December 2, 2022
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Ms. Morris did provide an affidavit on the incidents.
Ms. Olin testified:
She is enrolled in classes for training the dog which is being undertaken for personal
protection.
The “watch” command for the kids next door is a training tool to teach the dog they are
not a threat.
She purchased this breed of dog intentionally and has been training the dog for 12 months
including obedience and protection training.
The dog is 100 percent under control during training and she also utilizes a whip like tool
used by jockeys in horse racing (agitation stick).
She entered the following evidence:
Exhibit 1: Photo of Agitation Stick.
Exhibit 2: Photo of dog training with stick.
Exhibit 3: Photo of dog training with stick.
Exhibit 4: Photo of dog training with whip.
The equipment in question is commonly used for dog training.
Ms. Jersey displayed 3 photos of professional dog training by law enforcement officials where
their sleeve is hit with training devices, not the dog. She witnessed the training activity through
her prior employment in the corrections department.
Ms. Morris reported there have been incidents where the dog is running at large and expressed
concern for safety of the public.
Ms. Jersey concluded by noting the Citation was issued under County Ordinance 14-, it is
“unlawful for any person to beat or cause unnecessary injury and suffering to any animal.”
Ms. Olin noted:
The public’s perception is the training is harsher than it appears, and the breed requires
these training techniques.
She did not beat the dog or cause unnecessary injury during the training.
She has been undertaking the activity for 1 year and there are 2 years of training
remaining.
The equipment utilized does not cause injury to the dog.
Ms. Jersey queried if the training activity is in the presence of a professional trainer.
Ms. Olin responded a professional is not present however she takes the dog to an instructor in
Miami weekly and works at home with the dog on the techniques.
Special Magistrate Neale noted Ms. Olin has not provided any evidence on the suitability of the
activities from a professional trainer or organization like the Americans Society for the
Protection of Cruelty to Animals.
Special Magistrate Neale UPHELD issuance of the Citation and ordered Ms. Olin to pay a
$257.00 fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount
due of $312.00 payable within 30 days of this hearing.
Special Magistrate Neale noted Ms. Olin may file a request for a re-hearing if she obtains
additional evidence relative to the case.
December 2, 2022
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Recessed: 11:15am
Reconvened: 11:25am
21. CASE NO: CEEX20220010208-DASV22-014239
OWNER: Carole Bailey
OFFICER: Bill Hamaras
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14- 36(1)(D). Failure to provide medical attention or veterinary care. Third
offense; “Kiki”.
FOLIO NO:
PROPERTY ADDRESS: 1920 51st St SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/14/22
Danielle Jersey, Domestic Animal Services represented the County testifying:
The case involves a Citation issued for failure to provide medical attention to “Kiki”
based on a report filed by a veterinarian following a visit on 11/8/22.
This is the 3rd offense of a like nature with the others occurring on 9/7/21 (skin and
grooming issues) and 11/16/21 (infections and overgrown nails).
Ms. Bailey did comply with the first 2 citations, however the 3rd offense requires a
mandatory court appearance.
She recommended a fine of $400 - $500 be imposed in the case.
Evidence Entered: Exhibit 1: Photos provided by Town and Country veterinarian.
Exhibit 2: Veterinary report issued on 11/8/22.
Exhibit 3: Photo of back/rear of dog.
Exhibit 4: Photo of matting on the dog’s ear.
Exhibit 5: Photo of tail area of dog.
Theodore Baily, Ms. Bailey’s son represented her and testified:
“Kiki” has serious health issues with skin allergies and combing of the dog creates severe distress for the
animal.
His mom attends to the dog and has spent $1,000’s on veterinary care to little or no avail.
During a November 8, 2022 visit to Town and Country, they dismissed the veterinarian providing the
care.
The veterinarian responded by filing a complaint with Domestic Animal Services.
A new veterinarian was engaged on 11/9/22 who has provided treatment with favorable
results.
Evidence Entered: Exhibit 1: Letter from new veterinarian Oliver Fitzgerald citing the dog’s
health improvement.
Exhibit 2: Invoice for care on 11/29/22.
Exhibit 3: Invoice for care on 11/9/22.
Exhibit 4: Invoice for care on 11/19/22.
He noted they previously undertook many measures to care for the dog, but it was nonresponsive
to the treatment provided by the prior veterinarian.
December 2, 2022
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Special Magistrate Neale noted the Bailey’s complied with the Citation by seeking treatment
within 24 hours by visiting a veterinarian on 11/9/22.
Special Magistrate Neale DISMISSED the Citation.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CELU20220005334
OWNER: Kenneth A Robey and Ruth E Robey
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-181. Collier County Land Development Code 04-41, as amended, Section
2.02.03. Litter/prohibited outside storage including, but not limited to, bikes,
furniture, containers, and other various items/materials.
FOLIO NO: 68093400002
PROPERTY ADDRESS: 3560 Tortuga Way, Naples, FL 34105
Date of Hearing Notice by Certified Mail: 11/10/22
Date of Property/Courthouse Posting: 11/10/22
Officer Holmes represented the County and reported the violation has been abated, but not in the
prescribed timeframe amassing fines and costs in the amount of $811.75.
Kenneth Robey noted there were delays in abating the violation due to COVID and Hurricane
Ian and requested the fines and costs be waived.
Officer Holmes had no objection to the request.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
3. CASE NO: CEPM20200008860
OWNER: VILLAGES AT STELLA MARIS MASTER ASSOCIATION INC
OFFICER: Luis Macedo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-228(1). A seawall in need of repair.
FOLIO NO: 74890000301
PROPERTY ADDRESS: 356 Stella Maris Drive N, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 11/14/22
Date of Property/Courthouse Posting: 11/14/22
Officer Macedo represented the County and reported the violation has not been abated in the
prescribed timeframe amassing fines and costs in the amount of $5,911.80.
Bernard McGovern, consultant for the Respondent reported the work has been completed
and they are working on closing out the permit. The final measures to close out the permit have
been delayed due to administrative factors.
Manager Letourneau had no objection to an Extension of Time.
Special Magistrate Neale GRANTED an Extension of Time for the case and rescheduled it for
the February 3, 2023 hearing date.
4. CASE NO: CESD20210013242
OWNER: NOVAK SEVEN LLC
OFFICER: Adam Collier
December 2, 2022
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Interior alterations, wall removal and electrical, without
required Collier County permits, inspections and certificate of completion.
FOLIO NO: 68987000042
PROPERTY ADDRESS: 2011 Trade Center Way, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 11/14/22
Date of Property/Courthouse Posting: 11/10/22
Officer Collier represented the County reporting the violation has not been abated in the
prescribed time frame amassing fines and costs in the amount of $24,511.80.
Charles Novak reported an employee removed a closet area in the building and the work has
been completed to abate the violation however the necessary permits were not obtained by the
electrician he previously engaged. A new contractor is in place and drawings have been
submitted with the Fire Marshall approving the application. They are awaiting review by the
structural department.
Manager Letourneau had no objection to a continuance in the case.
Special Magistrate Neale CONTINUED the case to the February hearing date.
5. CASE NO: CEPM20210009903
OWNER: RADIO ROAD PLAZA INVESTMENTS LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-240(1)(b). A damaged exterior building support column due to a vehicle
collision.
FOLIO NO: 62360120008
PROPERTY ADDRESS: 6026 Radio Road, Naples, FL 34104
Date of Hearing Notice by Certified Mail: 11/10/22
Date of Property/Courthouse Posting: 11/10/22
Officer Musse represented the County and reported the violation has been abated, but not in the
prescribed timeframe amassing fines and costs in the amount of $33,361.80.
Antonio Brown, represented the Respondent and noted the column was damaged by a vehicle
and there were delays in abating the violation as Fire Department Officials notified him permits
were not required for the repair. He was subsequently notified by the County permits were
required and this caused the delay in abating the violation. He requested the fines and costs be
waived.
Manager Letourneau had no objection to the request.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
8. CASE NO: CEOCC20210011891
OWNER: ANDREW'S VENTURE'S LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Sections
126-111(b) and 126-114(c). A grocery store operating without required Collier
County Business Tax Receipt.
FOLIO NO: 35930160001
PROPERTY ADDRESS: 4055 23rd Ave SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/14/22
Date of Property/Courthouse Posting: 11/16/22
December 2, 2022
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Supervisor Holmes represented the County and reported the violation has not been abated in the
prescribed timeframe amassing fines and costs in the amount of $1,773.45.
Alex Giovanni represented the Respondent noting permits have been obtained and the work to
abate the violation is 60 – 70 percent complete. He requested 2 weeks to complete the necessary
work to abate the violation.
Supervisor Holmes had no objection to the request.
Special Magistrate Neale CONTINUED the case to the February hearing date.
VI. PUBLIC HEARINGS (Continued)
A. HEARINGS
6. CASE NO: CEPM20220001249
OWNER: Mark A Clegg
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(b) and 22-231(12)(c). Fire damaged dwelling, roof/soffit/exterior
walls with fire and smoke damage.
FOLIO NO: 36436800000
PROPERTY ADDRESS: 5031 32nd AVE SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/9/22
Date of Property/Courthouse Posting: 11/9/22
The Respondent was not present.
Officer Musse represented the County and reported the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 7 photos dated 2/7/22
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Completion/Occupancy for repairs to
the roof within 7 days of this hearing or a fine of $250.00 per day will be imposed until the
violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
10. CASE NO: CEV20220000857
OWNER: Marie D Newman EST
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable vehicle with four (4) flat tires and expired registration.
FOLIO NO: 32483560009
PROPERTY ADDRESS: 4639 Parrot AVE, Naples, FL 34104
Date of Hearing Notice by Certified Mail: 11/9/22
Date of Property/Courthouse Posting: 11/9/22
December 2, 2022
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The Respondent was not present.
Officer Connetta represented the County
Evidence Entered: Exhibit 1: 2 photos dated 1/25/22
Exhibit 2: 2 photos dated 1/9/22
Exhibit 3: 2 photos dated 12/1/22
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 $111.65 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 or store vehicles within 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 $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: $111.65
19. CASE NO: CEEX20220010192-DASV22-014051
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. Fifth offense; “Simba”.
FOLIO NO:
PROPERTY ADDRESS: 3043 Canoe PT, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 11/14/22
The Respondent was not present.
Danielle Jersey, Domestic Animal Services represented the County and testified there have
been 4 previous citations issued to Ms. Baker for the same offense and this is her 2nd mandatory
court appearance.
Evidence Entered: Exhibit 1: Citation issued 5/11/22
Exhibit 2: Citation issued 5/19/22
Exhibit 3: Citation issued 5/31/22
Exhibit 5: Citation issued 9/7/22
Exhibit 6: Citation issued 10/12/22
Exhibit 7: Video of Simba running at large on 10/12/22
Exhibit 8: Affidavit of Richard Wake dated 10/14/22
Ms. Jersey testified $170 in costs remain due from the 8/5/22 hearing and $555 from the 11/4/22
hearing.
Special Magistrate Neale UPHELD issuance of the Citation and ordered Ms. Baker to pay a
$500.00 fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount
due of $555.00.
B. EMERGENCY CASES
December 2, 2022
None
IX. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
X. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
XI. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
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—JANUARY 6, 2023 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 12:52PM.
COLLIER COUNTY/SPECIAL MAGISTRATE
HEARING f
// ',/y/
Patrick . Neale, 3p cial Magistrate
The�Wnutes were approved by the Special Magistrate on / Z , as presented
V , or as amended .
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