CESM Minutes 02/03/2023 February 3, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 3, 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
February 3, 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: 9:11am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
#5 - CASE NO: CEPM20220005884 - Richard A Faust Rev Trust
Under Item VII.A– Hearings, the following cases were withdrawn:
#2 - CEV20220009039 – Minerva C. Olivarez
#4 - CESD20220000046 – Juana Gonzalez
#6 - CEPM20210009816 - Ivisa Land Holdings LLC
#13 - CASE NO: CEEX20230000402-DASV23-014880 - Leticia Anastacio
#14. CASE NO: CEEX20230000406-DASV23-014881 - Leticia Anastacio
#15 - CEEX20230000290-DASV22-014510 – Travis Young
#16 - CEEX20230000278-DASV22-013398 – Mariah Lopez
Under VII.B – Emergency cases, the following case was withdrawn:
#1. CASE NO: CEPM20220010816 - 1725 W Vogel LLC
Under VIII.B – Motion for Imposition of Fines, the following cases were withdrawn:
#5 - CENA20220007344 – JP Morgan Chase Bank NA
#6 - CEOCC20210011891 – Andrew’s Venture’s LLC
#12 - CESD20190005229 – Jean Wilner Dorlis and Orriane Dorlis
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the January 6, 2023 hearing were approved by Special Magistrate Neale.
February 3, 2023
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Special Magistrate Neale reported he took the below referenced case Under Advisement at the
previous hearing and has ruled the following:
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
The Respondend is GUILTY of the alleged violation and 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. Remove all unauthorized accumulation of litter and all other items not permitted for outside
storage to a site designated for such use or store designated items in a completely enclosed
structure within 21 days of this hearing or a $50.00 per day fine 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 and may become a lien on the property.
Total Amount Due: $111.65
V. MOTIONS
A. MOTION FOR CONTINUANCE
1. 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
Addary Alfonso represented the Respondent and requested the Continuance for time to abate the
violation.
Officer Musse represented the County and did not object to the request.
Special Magistrate Neale CONTINUED the case for 90 days at which time if the violation is
not abated, the $500.00 per day fines will begin to accrue.
B. MOTION FOR EXTENSION OF TIME
1. 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)
February 3, 2023
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and Collier County Land Development Code 04-41, as amended, Section
4.05.03(c). Unlicensed inoperable vehicle and commercial vehicles not
properly stored on the property and vehicles parked on the grass or non-
stabilized surface.
FOLIO NO: 35779720000
PROPERTY ADDRESS: 2090 41st Street SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 1/17/23
Date of Property/Courthouse Posting: 1/17/23
Mr. Bello testified the commercial vehicles/trailer are the tenants who he has given notice to
vacate the property. He requested 60 days to allow time for the tenant to find new housing, or
removal of the trailer.
Manager Letourneau had no objection to the request.
Special Magistrate Neale CONTINUED the case for 90 days noting the fines will continue to
accrue.
2. CASE NO: CEROW20220001483
OWNER: WEJ JR LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Unpermitted fencing and electric powered
gate installed within Collier County Right-of-way (within drainage swale) and
over Hickory Wood Drive blocking access to Hickory Wood Drive section on
the Western side of Logan Blvd N.
FOLIO NO: 41820480005
PROPERTY ADDRESS: 5405 Hickory Wood Dr, Naples, FL 34119
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/11/23
Bill Jones of WEJ JR LLC was present.
Zach Lombardo, Attorney for WEJ JR LLC testified he is the new attorney on the case as
previous legal counsel, Peter Flood passed away. He requested an Extension of Time of 90 days to
abate the violation via a solution to allow the gate to remain removing it. Mr. Jones owns all the
property closed off by the gate so public access is not an issue with the case.
Officer Holmes recommended a 30-day Extension of Time be granted so the applicant can submit
a proposed course of action to abate the violation.
Special Magistrate Neale GRANTED and EXTENSION OF TIME until the March 3rd hearing
date.
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
February 3, 2023
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side of the property between Ridge Drive and Goodlette-Frank Road,
impeding stormwater flow.
FOLIO NO: 67184800004
PROPERTY 110/122 Ridge Drive, Naples, FL 34108
Officer Cathey represented the County noting the violation has not been abated.
Elizabeth Fox was present with her attorneys John Brugger and Lynda Fink.
Ms. Fox provided an overview on the history of the case including phots taken by the Code
Enforcement Officer’s noting:
The adjacent property owner’s lands drain onto her property causing the erosion in the swale.
The neighbor’s tree fell on her fence as the result of a storm, and no violation was issued after
the issue was not addressed over the long term.
The driveway culvert portion of the Notice of Violation has been abated and the swale in
question was cleaned of debris in 2018 and she didn’t hear from Code Enforcement until
August of 2021 when Officer Short notified her there were no issues.
On 10/12/22 an Affidavit of Compliance was issued by Code Enforcement.
Officer Holmes reported the Affidavit of Compliance was issued in error and was withdrawn by the
County.
Special Magistrate Neale noted according to the records, the Affidavit has not been withdrawn,
however Manager Letourneau noted he is testifying it was issued in error and the violation remains.
Mr. Brugger spoke noting:
The County is seeking an easement from Ms. Fox along the property line to address drainage
issues in the area.
The process is ongoing with property appraisals being conducted and any work which may be
taken to address the violation by Ms. Fox may be redone by the County when they undertake
work in the area following obtaining the easement.
The required repairs to the driveway culverts have been completed and a Certification of
Completion has been issued by the County.
Manager Letourneau noted the Respondent agreed to a Stipulation with the County which has not
been complied with, but given the circumstances, recommended the case be continued.
Special Magistrate Neale CONTINUED the case for 30 days and requested Ms. Fox to return and
provide evidence and testimony on the efforts to correct the violation (if it has not been abated), or if
it has been abated, provide reasons the fine amount should be reduced or waived.
Speaker
Sharon Clifton, adjacent property owner noted the matter has been ongoing since 2017 and the photos
presented by Ms. Fox are 5 years old and do not depict the present-day conditions of the erosion on a
portion of her property. She will appear at the next hearing with updated photos depicting the flooding
and erosion issues impacting her property.
VI. STIPULATIONS
5. CASE NO: CEPM20220005884
OWNER: Richard A Faust Rev Trust
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
240(1)(n)(3). An advertising structure (plaza sign) in disrepair.
February 3, 2023
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FOLIO NO: 35832800003
PROPERTY ADDRESS: 12555 Collier Blvd, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/11/23
Officer Holmes requested the hearing.
The Stipulation was entered into by Taylor Di Sarro on February 3, 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 Occupancy/Completion for repair of the sign
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
1. CASE NO: CEPM20220010440
OWNER: Emilie Mae Clark
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(20), 22-231(12)(o), 22-231(19). Missing smoke detectors, damaged
interior doors, sanitary issues to include animal droppings and pest infestation
as noted by Harrison Pest Control, and microbial growth later identified by
Inspector Lab as an elevated presence of mold.
FOLIO NO: 68300007907
PROPERTY ADDRESS: 12936 Violino Ln, Unit 304, Naples, FL 34105
Date of Hearing Notice by Certified Mail: 1/12/23
Date of Property/Courthouse Posting: 1/12/23
The Respondent was not present.
Officer Musse represented the County and testified the violation is the result of an inspection of
the unit which revealed the presence of mold and pest infestation. On 12/27/22 he spoke with
the owner who notified him she was addressing the mold and pest issue. A site visit was
scheduled for 1/4/23 however the owner failed to appear at the unit.
Tina Korns, Property Manager testified the Association is seeking assistance in remedying the
issue as there is no electrical service in the unit and the owner has been stealing electricity from
common areas in the building via extension cords. They entered the unit via a locksmith and
discovered damaged walls and doors and debris littered throughout the rooms, along with mold
and pest infestation.
February 3, 2023
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Robert Franklin, HOA Vice President testified there is a concern the mold and pest infestation
will spread to other units in the building and the violation needs to be abated for safety and
security of the building.
Officer Musse entered the following evidence:
Composite Exhibit 1: 6 photos dated 11/21/22
Exhibit 2: Mold assessment Report
Exhibit 3: Mold Analysis
Exhibit 4: Pest Control Inspection
Ms. Korns noted the unit is not a rental and owner occupied, odors do permeate from the unit
and recently some debris has been removed by the owner.
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 repairs
needed to bring the property into compliance with the requirements of the Collier County
Property Maintenance Code including hiring a licensed mold specialist and licensed pest
control company to remediate mold and to remove the pest infestation and hire a company
to sanitize the unit within 7 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
8. CASE NO: CEEX20220010993-DASV22-014398
OWNER: Marissa 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, showing proof of injury to Maui. “Rylo” First offense.
FOLIO NO:
PROPERTY ADDRESS: 857 Summerfield Dr, Naples, FL 34120
Cases 8 and 9 were combined and continued from the January 6, 2023 Special Magistrate
Hearing where testimony was provided by both parties.
9. CASE NO: CEEX20220010995-DASV22-014399
OWNER: Marissa Santonastaso
OFFICER: Hope Ress
February 3, 2023
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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 showing proof of injury to Maui. “Leyla” First Offense.
FOLIO NO:
PROPERTY ADDRESS: 857 Summerfield Dr, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 1/13/23
Date of Property/Courthouse Posting: 1/13/23
Danielle Jersey, Domestic Animal Services represented the County.
Marissa Santonastaso and Thomas Torries and John Rudolf were present.
Ms. Jersey testified cases 8, 9 and 10 involve an incident which occurred on October 30, 2022
where Ms. Santonastaso’s dogs Rylo and Leyla attacked Mr. Rudolf’s dog “Maui” causing
injury. During the event, Maui bit Ms. Santonastaso causing injury to her face and hand.
Citations were issued to both parties and they each are contesting the Citations.
Evidence Entered: Exhibit 1: Affidavit by John Rudolf
Exhibit 2: Photo of Maui after treatment
Exhibit 3: Photo of Reylo
Exhibit 4: Vet care bill and report from 10/30/22
Exhibit 5: Vet care bill dated 11/1/22
Exhibit 6: Vet care bill dated 11/1/22
Ms. Santonastaso reported she paid over $6,000 of Mr. Rudolf’s veterinary bill and only 1 of
her dogs were involved in the incident where she sustained bites to her hands and face during the
event.
Mr. Rudolf noted the incident involved 2 dogs who chased his dog into the neighbor’s yard and
caused the injuries.
Special Magistrate Neale’s decision was issued for all cases following hearing case # 10 as the
incidents were related to case #8 and #9.
10. CASE NO: CEEX20230000281-DASV22-014649
OWNER: John Rudolf
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(J). Injury to person violation, affidavit and photos received showing
proof of injury to Marisa Santonastaso. “Maui” First Offense.
FOLIO NO:
PROPERTY ADDRESS: 857 Summerfield Dr. Naples, FL 34120
Danielle Jersey, Domestic Animal Services presented the case noting it is combined with cases
# 8 and #9 where Mr. Rudolf’s dog Maui bit Ms. Santonastaso during an incident involving a
dog fight.
Evidence Entered: Exhibit 1: Affidavit by Marissa Santonastaso
Exhibit 2: Bite Report from Urgent Care dated 10/30/22
Exhibit 3: Photo of bite
Exhibit 4: Photo of bite
Exhibit 5: Photo of Maui
Exhibit 6: Citation issued to Mr. Rudolf
February 3, 2023
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Mr. Rudolf testified the bites occurred as Ms. Santonastaso was separating the dogs during the
fight which resulted when her dogs attacked his dog. The biting was not the fault of the Maui
who was reacting during the altercation.
Special Magistrate Neale noted according to the Code, the dog(s) have to be “unprovoked”
when incidents occur. Based on the testimony the dogs were provoked at the incident occurred
when Ms. Santonastaso’s dogs were startled as they encountered Mr. Rudolf’s dog.
Special Magistrate Neale, after hearing the testimony and reviewing the evidence DISMISSED
the Citations issued to both parties.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20210013242
OWNER: Novak Seven LLC
OFFICER: Adam Collier
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: 12/8/22
Date of Property/Courthouse Posting: 12/10/22
Officer Collier reported the violation has been abated, but not in the prescribed time frame
amassing fines and costs in the amount of $34,312.00.
Mike Novak, owner, noted the employees removed an interior closet wall unknown a permit
was required. There were delays abating the violation due to obtaining consultants for a minor
project and permitting.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
4. CASE NO: CEPM20220004129
OWNER: S & O LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, as
amended, Section 22-236. Dangerous structure exists on the property as
determined by the Building Official.
FOLIO NO: 35832160002
PROPERTY ADDRESS: 1790 40th Terr SW, Naples, FL 34116
February 3, 2023
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Officer Cathey reported the violation has not been abated.
Naser Abueqab, contractor noted the permits for the work were issued today and requested 60
days to abate the violation.
Officer Cathey had no objection to the request.
Special Magistrate Neale CONTINUED the case for 60 days.
7. CASE NO: CESD20210011990
OWNER: Francisco J Torres and Yanara Gonzalez Martell
OFFICER: John Negra
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
shed and screen room/lanai.
FOLIO NO: 36382040008
PROPERTY ADDRESS: 2696 54th Street SW, Naples, FL 34116
Officer Negra reported the violation was abated today, but not in the prescribed time frame
amassing fines and costs in the amount of $27,622.90.
Francisco J Torres and Yanara Gonzalez Martell were present and their son, Marco Torres
acted as translator and reported the family lost their jobs during the pandemic and upon being re-
employed abated the violation when funds were available.
Manager Letourneau reported the County had no objection to waiving the fines and fees.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
10. CASE NO: CEROW20210000627
OWNER: Kanokwan C Thamnasen
OFFICER: Christopher Ambach
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a) and Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i).
Culvert pipe and dirt added in the right of way without obtaining required
Collier County permits.
FOLIO NO: 41442960000
PROPERTY ADDRESS: 4344 32nd Ave SE, Naples, FL 34117
Officer Ambach reported the violation has not been abated amassing fines and costs in the
amount of $30,611.90.
Nikita Kravcik, Ms. Thamnasen’s husband noted health and financial issues have delayed
abating the violation.
Officer Ambach testified the culvert was installed without a permit and fails to meet County
requirements and it needs to be removed, or a permit obtained for the work.
Mr. Kravcik requested a 5-month continuance so the violation may be abated.
Manager Letourneau noted there is a potential drainage issue associated with the culvert
installation, however it is the “dry” season and had no objection to the request.
Special Magistrate Neale CONTINUED the case for 150 days.
11. CASE NO: CEVR20210000625
February 3, 2023
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OWNER: Kanokwan C Thamnasen
OFFICER: Christopher Ambach
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
3.05.01(B). Removal of native vegetation and/or prohibited exotics from
unimproved estate owned property using heavy machinery without first
obtaining approval from the Florida Department of Environmental Protection
and obtaining required Collier County permits.
FOLIO NO: 41442960000
PROPERTY ADDRESS: 4344 32nd Avenue SE, Naples, FL 34117
Officer Ambach reported the violation has not been abated amassing fines and costs in the
amount of $18,411.80.
Nikita Kravcik, Ms. Thamnasen’s husband noted health and financial issues have delayed
abating the violation.
Officer Ambach testified the vegetation was removed without a permit and an “after the fact”
permit is required, or issuance of a building permit for a home for the land clearing to conform to
County standards.
Mr. Kravcik requested a 5-month continuance so the violation may be abated as he intends to
construct a home on the property.
Special Magistrate Neale CONTINUED the case for 150 days.
14. 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)
and Collier County Land Development Code 04-41, as amended, Section
4.05.03(c). Unlicensed inoperable vehicle and commercial vehicles not
properly stored on the property and vehicles parked on the grass or
nonstabilized surface.
FOLIO NO: 35779720000
PROPERTY 2090 41st Street, Naples, FL 34116
The case was WITHDRAWN by the County as Mr. Bello obtained a Continuance in the case
earlier during the today’s meeting.
15. CASE NO: CEROW20220001483
OWNER: WEJ JR LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Unpermitted fencing and electric powered
gate installed within Collier County Right-of-Way (within drainage swale)
and over Hickory Wood Drive blocking access to Hickory Wood Drive
section on the Western side of Logan Blvd. N.
FOLIO NO: 41820480005
PROPERTY ADDRESS: 5405 Hickory Wood Drive, Naples, FL 34119
The case was WITHDRAWN by the County as the Respondent obtained an Extension of Time
for the case earlier during today’s meeting.
February 3, 2023
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VI. PUBLIC HEARINGS (Continued)
A. HEARINGS
3. CASE NO: CENA20220009041
OWNER: Minerva C Olivarez
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV,
Sections 54-179 and 54-181 and Collier County Land Development Code 04-
41, as amended, Section 2.02.03. Litter and debris on the property, also
prohibited outside storage of items on the property.
FOLIO NO: 35648520001
PROPERTY ADDRESS: 2374 45th St SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/11/23
The Respondent was not present.
Officer Asaro represented the County noting the violation has not been abated as of 2/3/22.
Evidence Entered: Composite Exhibit 1: 3 photos dated 11/17/22
Composite Exhibit 2: 6 photos dated 2/2/23
Manager Letourneau, after reviewing the photos where it appeared personal items were now
being stored after removal of other debris, WITHDREW the case.
7. CASE NO: CEPM20220001649
OWNER: Advanced Titan Inc and 16th Avenue Acres LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-242 and 22-236. Burnt remains of a single-family
dwelling that has been determined by the Building Official as a Dangerous
Structure and the remains need to be removed from the property.
FOLIO NO: 40992120100
PROPERTY ADDRESS: 3315 16th Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/10/23
The Respondent was not present.
Officer Musse represented the County noting the structures were removed from the site,
however a permit was not obtained for the demolition work. The owner has engaged a new
contractor and hopes to obtain “After the Fact” permits for the demolition work.
Evidence Entered: Composite Exhibit 1: 10 photos dated 2/16/22
Exhibit 2: 1 photo dated 1/10/23
Special Magistrate Neale, noting the Notice of Hearing was properly served, CONTINUED the
case for 30 days.
11. CASE NO: CEEX20230000290-DASV22-014510
OWNER: James Rudd
OFFICER: Jason Jimenez
February 3, 2023
13
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large in public and private property, “Lani” Fourth
Offense.
FOLIO NO:
PROPERTY ADDRESS: 22nd Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 1/11/23
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on December 5, 2022 for a 4th offense of a dog running at large. She recommened a
fine of $350 - $500 be imposed for the infraction. Mr. Rudd failed to pay the fine and fees in
the amount of $307 imposed for the 3rd Citation issued on 5/23/22.
Evidence Entered: Exhibit 1: 1 photo dated 12/5/22
Exhibit 2: 1st Citation issued (warning)
Exhibit 3: 2nd Citation issued (paid)
Exhibit 4: 3rd Citation issued (unpaid)
Exhibit 5: 4th Citation issued
Exhibit 6: 5th Citation issued
Special Magistrate Neale, finding the Notice of Hearing was properly served, ordered the
Respondent to pay a fine in the amount of $500.00, Operational Costs of $50.00 and an
Administrative Fee of $5.00 for a total amount due of $555.00. Said amount payable within
30 days of this hearing.
12. CASE NO: CEEX20230000289-DASV22-014592
OWNER: James Rudd
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large on Public or Private property, “Lani” Fifth
Offense.
FOLIO NO:
PROPERTY ADDRESS: 2380 16th St NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 1/11/23
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on December 20, 2022 for a 5th offense of a dog running at large. She recommened a
fine of $350 - $500 be imposed for the infraction. .
Evidence Entered: Exhibit 1: 1 photo dated 12/5/22
Exhibit 2: 1st Citation issued (warning)
Exhibit 3: 2nd Citation issued (paid)
Exhibit 4: 3rd Citation issued (unpaid)
Exhibit 5: 4th Citation issued (12/5/22)
Exhibit 6: 5th Citation issued (12/23/22)
Special Magistrate Neale, finding the Notice of Hearing was properly served, ordered the
Respondent to pay a fine in the amount of $500.00 Operational Costs of $50.00 and an
Administrative Fee of $5.00 for a total amount due of $555.00. Said amount payable within
30 days of this hearing.
February 3, 2023
14
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSTITION OF FINES AND LIENS
3. CASE NO: CELU20220000539
OWNER: Massimo Maffei
OFFICER: Jordann Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Illegal storage of commercial materials and
equipment not associated with an approved use on an Estates zoned property.
FOLIO NO: 38336640009
PROPERTY ADDRESS: 5960 Green Blvd, Naples, FL 34110
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/11/23
Officer Marinos reported the violation has not been abated amassing fines and costs in the
amount of $21,223.50. He has been in contact with the owner and a tenant resides in a house on
the property. He now intends to reside on the property and obtain permits for the commercial
use and construct a building to house the materials.
Manager Letourneau noted he would not object to a continuance in the case.
Special Magistrate Neale CONTINUED the case for 30 days and requested the owner provide a
progress report during the next the hearing.
8. CASE NO: CEV20220001950
OWNER: Dominick and Alycia Lento
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. A burned, inoperable vehicle in the driveway.
FOLIO NO: 40184600001
PROPERTY ADDRESS: 3775 29th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 1/11/23
Date of Property/Courthouse Posting: 1/12/23
The Respondent was not present.
Supervisor Ambach represented the County noting the violation has not been abated.
Special Magistrate Order: No. 6197 Page: 3556
Fine Amount: $50.00
Duration: 84 days
Total Fine Amount: $4,200.00
Unpaid Operational Costs: $223.45
Total to Date: $4,423.45
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 $4,423.45. Said amount to
become a lien on the property with fines continuing to accrue.
9. CASE NO: CEV20220000857
OWNER: Marie D Newman Est.
OFFICER: Thomas Pitura
February 3, 2023
15
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: 1/11/23
Date of Property/Courthouse Posting: 1/11/23
The Respondent was not present.
Officer Collier represented the County noting the violation has not been abated.
Special Magistrate Order: No. 6201 Page: 1975
Fine Amount: $50.00
Duration: 56 days
Total Fine Amount: $2,800.00
Unpaid Operational Costs: $223.35
Total to Date: $3,023.35
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 $3,023.35. Said amount to
become a lien on the property with fines continuing to accrue.
13. 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
The case was WITHDRAWN by the County as Mr. Bello obtained a Continuance in the case
earlier during the today’s meeting.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
None
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.
February 3, 2023
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 —MARCH 3, 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 12:31PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
, ,%,,/,/ ,„,
Patrick H. Neale, .Special Magistrate
The inutes were approved by the Special Magistrate on /"01,7,X iv21.9di.-') , as presented
, or as amended
16