CESM Minutes 01/06/2023 January 6, 2023
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 6, 2023
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
January 6, 2023
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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: 9:13am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon 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:
7. CASE NO: CEV20220008015 - Robert A Flick Rev Trust
2. CASE NO: CEAU20210004410 - Camilo & Teresa Leon
12. CASE NO: CEPM20220007180 - West Shore Point Naples LLC
25. CASE NO: CESD20220009834 - R & M Real Estate Company Inc.
11. CASE NO: CESD20210005124 - 500 La Peninsula Condominium Association Inc
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CEEX20220010645-SO-188426
3. CASE NO: CENA20220007102 - Blessed in Naples LLC
4. CENA20220008790- Robert J. Schmid Est.
5. CEV20220008792- Robert J. Schmid Est.
6. CESD20220008330- St. Nicole A Condominium Association Inc.
10. CASE NO: CEV20220005682 - Ricardo Guajardo and Holli Strickhorn
13. CESD20220007414 - Acres Leasing #1 LLC
16. CASE NO: CEAU20220009028 - Becky Mato and Nathalia Mato
21. CEEX20220010969-DASV22-014276 – Israel Figuora
22. CEEX20220010971-DASV22-014275 – Israel Figuora
23. CEEX20220010972-DASV22-014274 – Israel Figuora
26. CEV20220009936- Peter Kallie
27. CESD20220008843 – Jaz Automotive Properties LLC
28. CELU20220006212 – Eddie Hunter
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
2. CASE NO: CENA20180012429 - Angelo & Gail Lucarelli
6. CASE NO: CENA20220008479 - Marco A. Hernandez-Bello
Special Magistrate Neale approved the Agenda as modified.
January 6, 2023
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IV. APPROVAL OF MINUTES
The minutes of the December 2, 2022 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. 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
Mr. Hernandez-Bello testified he submitted the request for an Extension of Time via email
however the violation has now been abated.
Manager Letourneau withdrew the case based on a future inspection, but if the violation has not
been abated, the County will reschedule the hearing.
Special Magistrate Neale CONTINUED the case to the February hearing date.
VI. STIPULATIONS
7. CASE NO: CEV20220008015
OWNER: Robert A Flick Rev Trust
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unregistered and unlicensed vehicle on the property.
FOLIO NO: 29781920008
PROPERTY ADDRESS: 1278 Highlands Dr, Naples, FL 34103
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/8/22
Officer Asaro requested the hearing.
The Stipulation was entered into by the Respondent’s representative Kimberly Stryker on January 5,
2023.
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. Repair and/or affix a current valid license plate to each vehicle in violation or store the
vehicles in a completely enclosed structure or remove these vehicles within 30 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.
January 6, 2023
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Total Amount Due: $111.70
2. CASE NO: CEAU20210004410
OWNER: Camilo & Teresa Leon
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)a) and Florida Building Code, 7th Edition (2020), Chapter 1,
Section 105.1. Expired fence permit PRBD 20200310510 and Rejected Building
Permit PRBD20210520341.
FOLIO NO: 38966560009
PROPERTY ADDRESS: 2740 50th Ave NW, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/8/22
Officer Patterson requested the hearing.
The Stipulation was entered into by Teresa Leon on January 4, 2023.
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 expired fence
permit PRBD 20200310510 and Rejected Building Permit PRBD20210520341 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
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: CEPM20220007180
OWNER: West Shore Point Naples LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1). Damaged automatic electric gate in need of repair.
FOLIO NO: 389880006
PROPERTY ADDRESS: 2155 Great Blue Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/13/22
Date of Property/Courthouse Posting: 12/13/22
Officer Musse requested the hearing.
The Stipulation was entered into by the Respondent’s representative Addary Alfonso on January 6,
2023.
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 the repairs to the electric gate
January 6, 2023
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within 60 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: $111.65
25. CASE NO: CESD20220009834
OWNER: R & M Real Estate Company Inc.
OFFICER: Bradley Holmes
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). Unpermitted renovations not limited
to installation of a wet bar, installation of a new storage/clothes closet and
installation of air conditioning units with the following rooms: west Building
#131, 132, 133, 134, 135, 136, 137, 138, 140, 142, 143, 144, 145,149, 229, 231,
232, 233, 234, 235, 238, 239, 242, 243, 244, 245,247, 249, 329, 331, 332, 333,
334, 335, 337, 338, 339, 342, 343,344, 345, 347, 349, 429, 437, 432, 433, 435,
436, 438, 439, 442,443, 445, 448, and 449. East Building: 201, 202, 203, 204,
205,206, 207, 208, 209, 211, 214, 216, 218, 219, 220, 221, 224, 226, 227, 301,
303, 305, 306, 307, 309, 311, 314, 315, 317, 318, 319, 320, 322, 321, 323, 325,
405, 406, 407, 408, 414, 415, 417, 421,420, 422 and 423. 2-story free standing
Building: 151, 153, 155, 157, 159, 161, 251, 253, 255, 257, 259, and 261.
Including all storage rooms and or mechanical rooms, or any other feature of the
buildings that underwent modifications to accommodate the unpermitted
renovations not limited to plumbing and electrical.
FOLIO NO: 35640120001
PROPERTY ADDRESS: 4100 Golden Gate Pkwy, Naples, FL 34116
Officer Holmes requested the hearing.
The Stipulation was entered into by the Respondent’s representative Christyna Torrez on January 6,
2023.
Ms. Torrez noted the Respondent has undertaken numerous steps to abate the violation and
continues to work with the County to resolve the issue.
Evidence Entered: Exhibit 1: Notebook containing evidence of compliance efforts
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s)
and required inspections through to the issuance of the Certificate of Completion/Occupancy
for all unpermitted renovations and/or modifications made to the guest rooms, storage rooms,
mechanical rooms and associated areas or return them to the originally permitted condition
within 210 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
January 6, 2023
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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: CESD20210005124
OWNER: 500 La Peninsula Condominium Association Inc
OFFICER: Thomas Pitura
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). Stucco repair work done to building 5
without the required permits.
FOLIO NO: 1050082006
PROPERTY ADDRESS: 500 La Peninsula Blvd. Naples, FL 34113
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/8/22
Officer Pitura requested the hearing.
The Stipulation was entered into by the Respondent’s representative Gerald Dufresne on January 6,
2023.
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 for the stucco repair 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
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
8. CASE NO: CESD20220005678
OWNER: Ricardo Guajardo and Holli Strickhorn
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(e)(i). Alterations to the primary structure (expanded front
entryway overhang and side building small roof extension) and multiple
accessory structures (sheds) have been constructed without the required
Collier County Permits.
FOLIO NO: 22624560001
PROPERTY ADDRESS: 4607 Dominion Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/8/22
Supervisor Mucha represented the County testifying:
January 6, 2023
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The investigation was opened based on a complaint to the Board of County
Commissioners.
On July 1, 2022, Officer Johnson visited the site and observed structural improvements to
the home (2 overhangs) and the construction of 2 storage sheds on the property and it was
determined permits were required for the work.
The two storage sheds have been removed and Ms. Strickhorn has applied for a permit
for the overhangs.
Evidence Entered: Composite Exhibit 1: Aerial Photo of the Property; Building Official
Determination, 1 photo dated 6/16/22; 3 photos dated 7/1/22 and 3 photos
dated 1/5/22.
Ms. Strickhorn testified the overhang on the side of the home has been removed and she applied
for a permit for the overhang on the front which needs to be reduced as it does not meet the
setback requirements.
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 60 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 all
unpermitted structures 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: $111.65
9. CASE NO: CELU20220005679
OWNER: Ricardo Guajardo and Holli Strickhorn
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
1.04.01(A). A plethora of illegal outside storage issues including but not
limited to construction debris and materials, tires, batteries, fencing, 5-gallon
buckets and other containers, furniture, scrap metal, and wood.
FOLIO NO: 22624560001
PROPERTY ADDRESS: 4607 Dominion Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/12/22
Supervisor Mucha represented the County.
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/8/22
Supervisor Mucha represented the County testifying:
The investigation was opened based on a complaint to the Board of County
Commissioners.
January 6, 2023
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On July 1, 2022, Officer Johnson visited the site and observed many items stored outside
on the property including household items, furniture, building materials, etc.
He monitored the site and observed progress on the Respondent removing items however
during Hurricane Ian, the home was flooded, and home furnishing and other items were
moved to outside the home following the storm.
The violation remains as of January 6, 2023.
Evidence Entered: Composite Exhibit 1: Aerial Photo of the Property; 3 photos dated 7/1/22;
2 photos dated 9/23/22; 1 photo dated 10/5/22 and 6 photos dated 1/5/22.
Ms. Strickhorn testified the home was flooded because of the hurricane and household items
were moved outside for inspection and disposal as needed. They have not finished the task of
removing unwanted items.
Special Magistrate Neale noted the violation was issued for outside storage of household items,
not litter and he needs to review County Ordinances and consider the evidence and testimony
before issuing a ruling on the case.
Special Magistrate Neale took the Case UNDER ADVISEMENT.
15. CASE NO: CEAU20220007483
OWNER: Becky Mato and Nathalia Mato
OFFICER: Maria Rodriguez
VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Sections 105 and 105.1.
A wood/farm fence, chain link dog and bird pens, horse pens and a donkey
pen on Estate zone property.
FOLIO NO: 40860680002
PROPERTY ADDRESS: 3380 2nd Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 12/13/22
Date of Property/Courthouse Posting: 12/13/22
Officer Rodriguez represented the County and testified:
The case was initiated on 9/1/22 following a complaint filed with the County regarding
structures constructed on the property without a permit.
On 9/2/22 the Building Official determined permit were required for the fences and
animal pens on the property.
The owner applied for permits for the wood and chain link fence on 11/7/22 and on
12/30/22 the permits were issued and passed inspection on 1/4/23.
Staff is awaiting the final Certificate of Completion.
The animal pens remain on site unpermitted.
Evidence Entered: Exhibit 1: 1 photo dated 9/1/22
Exhibit 2: 1 photo dated 9/1/22
Exhibit 3: 1 photo dated 9/1/22
Exhibit 4: 1 photo dated 9/1/22
Exhibit 5: 1 photo dated 9/1/22
Exhibit 6: 1 photo dated 9/1/22
Exhibit 7: 1 photo dated 1/4/23
Exhibit 8: 1 photo dated 1/4/23
Exhibit 9: 1 photo dated 1/4/23
January 6, 2023
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Exhibit 10: 1 photo dated 1/4/23
Exhibit 11: Determination from Building Official
Exhibit 12: Aerial photo of the properties
Ms. Mato testified:
She has obtained the permits for the fences and has a meeting this afternoon with Growth
Management Department representatives to discuss the pens on site.
The pens and canopy are not permanent structures and may be permitted for up to 6
months.
If permits are required, she will file the necessary applications with the County and if
permission is not granted, the structures will be removed from the site.
Manager Letourneau noted the violation was issued based on the determination from the
Building Official permits were required for the structures in question.
Director Ossorio noted temporary structures are only permitted on site for a period of 180 days
and cannot be relocated so the time period begins again.
Speakers
James Burch noted he resides on the east side Ms. Mato’s property and there is a large amount
of animal activity on site and many structures would be required to house the animals.
Lisa Jessica Hunsberger, adjacent property owner noted the animal activity on Ms. Mato’s land
is disruptive to the enjoyment of her property. The odor emitting from the property is obnoxious
and activities include the burning of animal waste in proximity to her lanai.
Special Magistrate Neale, finding the Notice of Hearing was properly served and after hearing
the testimony and reviewing the evidence found the Respondent GUILTY of the alleged
violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s) and required inspections and Certificate of Completion/Occupancy for the bird
pens, horse pens and a donkey pen 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 Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
17. CASE NO: CEEX20220010990-DASV22-014467
OWNER: Becky Mato
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-36(3). Horse known as “Barbaro” inside pen without access to shelter or
wind and rain, second offense.
FOLIO NO:
PROPERTY ADDRESS: 3380 2nd Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 12/13/22
January 6, 2023
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Danielle Jersey, Domestic Animal Services represented the County and noted the case involves
a horse harbored on Ms. Mato’s property without the adequate shelter.
Evidence Entered: Exhibit 1: 1 photo dated 11/30/22
Exhibit 2: 1 photo dated 10/28/22
She stated the County Ordinance defines “Shelter” as the provision of and access to a three-
dimensional structure having a roof, walls and a floor, which is dry, sanitary, clean,
weatherproof and made of durable material.
Ms. Mato testified she installed the canopy for the horse as she intends to construct a barn on
site. The horse was relocated off site upon issuance of the violation, but she found out a
temporary structure is permitted for 180 days.
Ms. Jersey noted the canopy does not meet the County’s definition of “Shelter.”
Special Magistrate Neale found the Notice of Hearing was properly served and after hearing
the testimony and reviewing the evidence, UPHELD Issuance of the Citation and ordered Ms.
Mato to pay a fine in the amount of $357.00, Operational Costs of $50.00 and a $5.00
Administrative Fee for a total amount due of $412.00.
18. CASE NO: CEEX20220010993-DASV22-014398
OWNER: Marisa Santonastaso
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(e). Damage to property violation, affidavit and medical bills
received.” Rylo”
FOLIO NO:
PROPERTY ADDRESS: 857 Summerfield Dr, Naples, FL 34120
(Cases #18 and #19 were combined)
19. CASE NO: CEEX20220010995-DASV22-014399
OWNER: Marisa Santonastaso
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property violation, Affidavit and medical bills
received. “Layla”
FOLIO NO:
PROPERTY ADDRESS: 857 Summerfield Dr. Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/13/22
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued based on an affadavit filed by John Rudolph and photos of his dog’s (“Maui”) injuries
sustained during an attack by the Respondent’s dog.
Evidence Entered: Exhibit 1: 1 photo dated 11/1/22
Exhibit 2: 1 photo dated 11/2/22
Exhibit 3: 1 photo dated 11/7/22
Exhibit 4: 1 photo dated 11/7/22
Exhibit 5: 1 photo dated 11/7/22
Exhibit 6: 1 photo of Rylo (Ms. Santonastaso contended Rylo was not
involved in the incident)
January 6, 2023
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Mr. Rudolph testified “Maui’s” behavior has changed since the attack and is now timid. The
incident occurred when the Respondent lost control of her dogs as they broke free from their
leash.
Ms. Santonastaso testified:
Only her dog “Lyla” was involved in the attack and as she was walking down the
driveway with the dog, she could not see Mr. Rudolph with his dog due to their SUV
blocking her view.
The dogs met face to face without warning when the altercation occurred.
She did pay the veterinarian bills for the injuries to “Maui.”
“Maui” bit her in the hand and face during the event.
Mr. Rudolph stated the 2 dogs were involved, they did not meet face to face as he was standing
on the corner of her property as she lost control of the dogs, and she was bitten by his dog while
breaking up the fight.
Ms. Jersey noted a Citation was issued to Mr. Rudolph his dog biting Ms. Santonastaso, which
he has contested, and the case is slated for hearing in February 2023.
Special Magistrate Neale found the Notice of Hearing was properly served and CONTINUED
the case until the next hearing date so Mr. Rudolph’s case regarding his Citation may be
heard in conjunction with Ms. Santonastaso’s case.
20. CASE NO: CEEX20220010996-DASV22-013997
OWNER: Claire Goldman
OFFICER: Connie Hunt
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(J). Bite in public to a person. “Tucker”
FOLIO NO:
PROPERTY ADDRESS: Verona Walk Blvd, Naples, FL 34114
Danielle Jersey, Domestic Animal Services represented the County and testified the case involves
a dog bite to Ronald Talbot who filed an affadavit for the case.
Mr. Talbot testified:
On the day of the incident he was walking in the Verona Walk community when from
behind, he came upon Mrs. Goldman walking 2 dogs.
As he approached he said “passing on left” and took 2 more steps when the dog bit him on
the leg.
Mr. Goldman contacted him following the incident notifying him he was an attorney and
name dropped a celebrity, the reason for him naming the dog “Tucker” so he decided to
report the attack to Domestic Animal Services (DAS).
It has come to his attention the dog has been involved in other incidents and is concerned
for public safety.
He filed a complaint with the homeowner’s association and was notified through the
process the dog is extremely protective of Mrs. Goldman and she previously suffered a
stroke and questions why she is walking 2 dogs given her condition.
DAS Evidence Entered: Exhibit 1: 1 photo dated 10/1/22
Exhibit 2: 1 photo of “Tucker”
Mr. Goldman represented his wife and testified:
January 6, 2023
12
There is no public record of other incidents involving “Tucker” and the allegations are
inappropriate.
Mrs. Goldman suffered a stroke and the dogs never leave her side and the companionship
aids in her recovery.
The law allows defense of the dog’s action in the event of incitement or encouragement
of “provocation” of the animal.
Mr. Talbot takes a 4 mile walk daily and approached at a fast pace from behind Mrs.
Goldman who was on a 5-foot-wide sidewalk when the incident occurred.
Mr. Talbot should have stopped or walked around on the grass area to avoid startling
Mrs. Goldman and the dogs.
The dog did not originate an attack and simply responded to the situation as it presented
itself.
Mr. Goldman spoke about a phone call with Mr. Talbot regarding the incident however Special
Magistrate Neale interjected the case involves a Section of the Ordinance which states “No
owner or caretaker of an animal(s) shall permit the animal, either willfully or through failure
to exercise due care or control, to bite, attack or wound a human without provocation…”
Mr. Talbot stated he did not provoke the dog during the incident.
Mrs. Goldman testified she was walking her dogs in the middle of the sidewalk when Mr.
Talbot approached from behind and said, “passing on left.” The event startled her, and she
came to a stop and the incident occurred.
Special Magistrate Neale noted issue is whether Mrs. Goldman failed to exercise due care
and if there was a provocation and after hearing the testimony and reviewing the evidence
DISMISSED the Citation.
24. CASE NO: CEEX20220010977-DASV22-014311
OWNER: Usbeidy Gutierrez-Chavez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large fifth offence “Rocky”.
FOLIO NO:
PROPERTY ADDRESS: 4989 19th PL SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/13/22
Danielle Jersey, Domestic Animal Services represented the County and testified:
The case involves a 5th offense of “Rocky” running at large.
Ms. Chavez paid the costs associated with 3 prior Citations and completed the Responsible
Pet Owner’s (RPO) class mandated at a prior Special Magistrate hearing.
On November 14th, she surrendered the dogs to Domestic Animal Services (DAS).
She recommended a fine of $350 - $500 be imposed for the violation.
Evidence Entered: Exhibit 1: 1 photo of dogs running at large
Exhibit 2: Citation issued 6/3/22
Exhibit 3: Citation issued 6/7/22
Exhibit 4: Citation issued 8/16/22
Exhibit 5: Citation issued 9/19/22
Exhibit 6: Current citation issued 11/18/22
January 6, 2023
13
Ms. Chaves testified on the day of the incident, she was not home, and her mother entered the
home without her knowledge and the dogs escaped the residence. She completed the RPO class
and paid the fines as required and surrendered the dogs to DAS.
Special Magistrate Neale found the Notice of Hearing was properly served and after reviewing
the evidence and hearing the testimony DISMISSED the Citation.
Recessed: 12:45pm
Reconvened: 1:04pm
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20210006463
OWNER: Ramon S Silva and Geisy Rodriguez-Morales
OFFICER: Rickey Migal
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 installation of windows
in an Estate zoned property.
FOLIO NO: 45853160000
PROPERTY ADDRESS: 861 16th Ave SW, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 12/8/22
Date of Property/Courthouse Posting: 12/10/22
Officer Morales reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $14,211.75.
Roman Silva noted the violation was abated but delayed due to the availability of the windows
which were installed within 2 weeks of delivery.
Special Magistrate Neale, finding the Notice of Hearing was properly served, and noting the
violation has been abated, DENIED the County’s Motion for Imposition of Fines and Liens.
5. CASE NO: CESD20220002487
OWNER: Arber LLC
OFFICER: Doug Williams
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). A shingle re-roof in progress without first obtaining a
Collier County permit.
FOLIO NO: 62096800003
PROPERTY ADDRESS: 5345 Hardee St, Naples, FL 34113
Officer Williams reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $1,411.90.
Hamor Demce, owner, noted the property was purchased with the violation existing but abated
it as soon as possible after acquisition.
January 6, 2023
14
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
14. CASE NO: CEPM20220001115
OWNER: Joseph Homich III
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(11), 22-231(12)(b), 22-231(12)(o), 22-231(12)(p), 22-
231(12)(c), 22-231(12)(q) and 22-231(12)(i). Damages caused by fire
consisting of but not limited to the garage door, interior and exterior doors,
roof, ceiling and walls, electrical system, ripped and or missing screens and
broken windows.
FOLIO NO: 35758000000
PROPERTY ADDRESS: 4448 18th Ave SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/13/22
Date of Property/Courthouse Posting: 12/13/22
The Respondent was not present.
Officer Musse represented the County.
Evidence Entered: Composite Exhibit 1: 7 photos dated 2/1/22
Exhibit 2: 1 photo dated 2/8/22
The violation remains as of 1/6/22.
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 all
repairs needed to bring the property into compliance with the Collier County Property
Maintenance Code within 14 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
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEPM20220005545
OWNER: Pacifica Arbour Walk LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(19), 22-231(12)(p). Extensive airborne mold throughout the
dwelling, air conditioner air vents exhibiting mold contamination, ceilings of
January 6, 2023
15
the dwelling in disrepair, separation of floor planks causing a trip hazard and
evidence of mold spores and mold forming on personal items and furniture.
FOLIO NO: 64539005622
PROPERTY ADDRESS: 2178 Arbour Walk Cir, Unit #2317, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 12/8//22
Date of Property/Courthouse Posting: 12/12/22
The Respondent was not present.
Supervisor Connetta represented the County noting the violation has not been abated.
Special Magistrate Order: No. 6166 Page: 3181
Fine Amount: $1,000.00
Duration: 147 days
Total Fine Amount: $147,000.00
Unpaid Operational Costs: $223.50
Total to Date: $147,223.50
Special Magistrate Neale, finding the Notice of Hearing was properly served, GRANTED the
County’s Motion for Imposition of Fines for a total amount due of $147,223.50. Said amount
to become a lien on the property with fines continuing to accrue.
4. CASE NO: CEPM20210000179
OWNER: Robert D Reynolds and Bernard Wolcott
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(9), 22-231(11), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i),
22-231(19), and 22-231(20). Electric
meter removed and power is diverted using jumper wires; at least 1 broken
window, missing electrical outlet covers, unsanitary living conditions, soffit in
disrepair, exterior walls stained, no smoke detectors observed inside the
dwelling unit.
FOLIO NO: 63505400003
PROPERTY ADDRESS: 3529 Seagrape Ave, Naples, FL 34104
Date of Hearing Notice by Certified Mail: 12/8//22
Date of Property/Courthouse Posting: 12/9/22
The Respondent was not present.
Supervisor Connetta represented the County noting the violation has not been abated.
Special Magistrate Order: No. 6197 Page: 3579
Fine Amount: $1,000.00
Duration: 49 days
Total Fine Amount: $49,000.00
Civil Penalty: $2,500.00
Unpaid Operational Costs: $223.55
Total to Date: $51,723.55
Special Magistrate Neale, finding the Notice of Hearing was properly served, GRANTED the
County’s Motion for Imposition of Fines for a total amount due of $51,723.55. Said amount
to become a lien on the property with fines continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
January 6, 2023
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
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.
XI. REPORTS
None
XII. NEXT MEETING DATE—FEBRUARY 3, 2023, at 9:00 a.m.
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 2:20 P.M.
COLLIER COUNTY ,1 ?MAGISTRATE
%
;
Patrick H. Neale, Special Magistrate
The Minutes were a proved by the Special Magistrate on ' 6 3/ 2,P2-3
as presented , or as amended
16