CESM Minutes 03/03/2023 March 3, 2023
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 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
March 3, 2023
2
Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE PATRICK H. NEALE PRESIDING
The Honorable Special Magistrate Patrick H. Neale called the Hearing to order at 9:00 A.M. All those
testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance
without being punitive.
Recessed: 9:11 a.m.
Reconvened: 9:25 a.m.
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
10. CENA20220008308 - Robert P and Louise L Yardley
11. CEPM20220009301 - Bayview Inn LLC
6. CEPM20220009607 - George Francis Crowley, Chanel J Noel, and Maricia Noel Inc.
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CEEX20230000974-SO-190367 - Frances R Richmond
3. CEEX20230000773-PR-064267 - Spencer D Shull
4. CEPM20220005583 – Janelle Hunt and Donna Jean Hunt GDN of Jameson Hunt
7. CEPM20220010286 – Jacsonne Aristide and Islande Andris
8. CELU20230001246 – Beach Tower at Moraya Bay, The A Condominium
9. CEPM20220010499 - Auburn Mermaid LLC
12. CESD20220001649 - Advanced Titan Inc/16th Avenue Acres LLC
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
2. CEPM20220001115 – Royal Palm Vacation Rentals LLC
6. CEROW20220001483 - WEJ JR LLC (withdrawn after Extension of Time was Granted)
7. CEROW20200007860 - Robert P Richman (withdrawn after Extension of Time was Granted)
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the February 3, 2023, hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
March 3, 2023
3
None
B. MOTION FOR EXTENSION OF TIME
1. 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
Supervisor Holmes represented the County.
Zach Lombardo, attorney represented WEJ JR LLC.
Evidence Entered: Exhibit 1: Aerial photo of property depicting the right of way in question.
Mr. Lombardo testified:
The violation may be abated via vacating of the right of way by the County.
Negotiations are underway where the County would relinquish the right of way for
exchange in obtaining land in front of the property for the widening of Logan Blvd and a
drainage easement on the north side of the parcel.
Meetings are ongoing with County Staff to develop the documents necessary to
memorialize an agreement.
A 60-day Extension of Time is requested to abate the violation.
Supervisor Holmes had no objection to the request.
Special Magistrate Neale, after reviewing the Evidence and hearing the testimony, GRANTED
the Motion for an Extension of Time until May 5, 2023.
2. CASE NO: CEROW20200007860
OWNER: Robert P Richman
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a), Collier County ROW Construction Standards Handbook, Section
III. Turn Lanes, Driveways, Access Roads Design Requirements Subsections
(C)(1)(f) and (C)(1)(h), and Collier County Code of Laws and Ordinances
Chapter 22, Article VI, Section 22-228(1). A driveway access with a culvert
pipe that does not conform to the requirements of the Collier County Right-of-
Way handbook.
FOLIO NO: 37929240008
PROPERTY ADDRESS: 4160 11th Ave SW, Naples, FL 34116
Supervisor Holmes represented the County.
Mr. Richman testified the work necessary to abate the violation continues as permits have been
obtained and the contractor is scheduled to begin soon. He requested an Extension of Time until
the expiration date of the permit (August 25th) to abate the violation.
March 3, 2023
4
Supervisor Holmes had no objection to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until August 25,
2023.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
10. CASE NO: CENA20220008308
OWNER: Robert P and Louise L Yardley
OFFICER: Jason Packard
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Weeds and grass in excess of 18” throughout improved property including
right-of-way and swale.
FOLIO NO: 60780600003
PROPERTY ADDRESS: 5340 Myrtle Ln, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 1/13/23
Date of Property/Courthouse Posting: 1/16/23
Officer Packard requested the hearing.
The Stipulation was entered into by Robert Yardley on March 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. Mowing or caused to mow all weeds, grass or similar non-protected overgrowth in excess of
eighteen (18) inches in height down to a height of less than six (6) inches on subject property
within seven (7) days of this hearing or a fine of $100.00 per day will be imposed until the
violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the Respondent fails to abate the violation the County
may abate the violation and may use the assistance of the Collier County Sheriff’s Office to
enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.70
11. CASE NO: CEPM20220009301
OWNER: Bayview Inn LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
231(1), 22-231(9), 22-231(11), 22-231(12)(b), 22-231(12)(p), 22-231(12)(d), 22-
231(12)(j) and 22-231(20). Kitchen sink with missing counter space. One outlet
next to the front door not working. Electric panel with loose breakers. Interior
water damage to the walls and damage to the exterior wall corner of the unit.
Windows are screwed shut not allowing for the windows to properly open.
Windows have damaged or missing hardware to properly open and close the
windows. Missing smoke detector.
March 3, 2023
5
FOLIO NO: 48170160007
PROPERTY ADDRESS: 2800 Bayview Dr. Unit #5, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/14/23
Date of Property/Courthouse Posting: 2/14/23
Officer Musse requested the hearing.
The Stipulation was entered into by Luis Benito on March 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. Obtaining all required Collier County Building Permit(s), Inspections and Certificate of
Completion for all repairs to the exterior windows to bring the property into compliance with
the requirements of the Collier County Property Maintenance Code within 120 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
6. CASE NO: CEPM20220009607
OWNER: George Francis Crowley, Chanel J Noel, and Maricia Noel Inc.
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1), 22-231(1), and 22-231(12)(i). A Leak in the line that feeds water to the
master tub and/or sink and damaged glass panels located on the window adjacent
to the front door.
FOLIO NO: 266040189
PROPERTY 3141 Carriage Cir, Naples, FL 34105
Date of Hearing Notice by Certified Mail: 2/14/23
Date of Property/Courthouse Posting: 2/14/23
Officer Musse requested the hearing.
The Stipulation was entered into by C.J. Noel on March 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. Obtaining all required Collier County Building Permit(s), Inspections and Certificate of
Completion for all repairs to the plumbing and exterior window to bring the property into
compliance with the requirements of the Collier County Property Maintenance Code within 90
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
March 3, 2023
6
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
2. CASE NO: CEEX20220010646-SO-190593 (this case was heard before Item VI. Stipulations)
OWNER: Kana Branislay
OFFICER: Dillan Fahey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-66. Unlawful Area
FOLIO NO:
PROPERTY ADDRESS: 1500 Danford St, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/14/23
The Respondent was not present.
Officer Fahey testified while on patrol he observed a vehicle without a trailer attached parked in
a space dedicated for vehicles with trailers. Accordingly he issued the Citation.
Evidence Entered: Exhibit 1: Paid parking receipt dated 11/19/22
Composite Exhibit 2: 2 photos depicting vehicle parked improperly
Special Magistrate Neale, finding the Notice of Hearing was properly served, ordered the
Respondent to pay a fine in the amount of $30.00 and an Administrative Fee of $5.00 for a
total amount due of $35.00. Said amount payable within 30 days of this hearing.
5. CASE NO: CENA20220008544
OWNER: Knickerbocker Properties Inc.
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). The accumulation of weeds, grass, or other similar non-protected
overgrowth in excess of 18 inches in height.
FOLIO NO: 256480005
PROPERTY ADDRESS: 3105 La Costa Circle, Naples, FL 34105
Officer Collier represented the County and testified:
The case initiated based on a 9/6/22 field observation.
The violation remained as of 1/4/23 and he was notified the owner’s Board of Directors
had not authorized the work required to abate the violation.
The violation remains as of today.
Evidence Entered: Exhibit 1: 1 photo dated 9/9/22
Composite Exhibit 2: 3 photos dated 3/2/23
Exhibit 3: Aerial photo of the property
Jennifer House, General Manager for the Respondent reported the work has been authorized
and will be completed over the next 2 weeks.
March 3, 2023
7
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. Mowing or caused to mow all weeds, grass or similar non-protected overgrowth in excess of
eighteen (18) inches in height down to a height of less than six (6) inches on subject
property within 14 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.
Total Amount Due: $111.70
16. CASE NO: CEEX20230001377-DASV23-015018
OWNER: Beth Danielson
OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). “Rambo” attacked and caused injury to “Diesel” while running at
large.
FOLIO NO:
PROPERTY ADDRESS: 4004 27th Ave NE, Naples, FL 34120
Beth Danielson was present.
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued based on an affidavit filed by Daniel Nieves describing a January 13, 2023 dog on dog
incident. Mr. Nieves reported Ms. Danielson’s dog “Rambo” was running at large and attacked
his dog “Diesel” causing injury.
Evidence Entered: Exhibit 1: DAS report of incident
Exhibit 2: Affidavit of Daniel Nieves
Exhibit 3: 1 photo of injury to Diesel
Exhibit 4: 1 photo of injury to Diesel
Exhibit 5: 1 photo of injury to Diesel
Exhibit 6: Citation issued to Beth Danielson
Beth Danielson was present.
She has 2 large, black, 100-pound German Shepherds and if one of them was involved in
an attack, there would be more damage than 3 small puncture marks on the other dog.
She was never notified of the 3 previous attacks described in the affidavit and there were
no indications of her dog being pepper sprayed during a previous event.
She also questioned the accuracy of the investigation as the affidavit states the incident
occurred on January 13th, while the Citation depicts the date of the attack as January 21st.
Additionally, the investigating officer indicated to her he was unsure of which dog was
alleged to have cause the injury, however later declared it was “Rambo.”
Her yard is fenced in and she has been rescuing dogs for 36 years and would never harbor
a vicious dog.
March 3, 2023
8
She requested the Citation be Dismissed based on the inaccuracies she identified during
the investigation.
Special Magistrate Neale noted the date listed on the Citation is flawed and there is a question
on the identification of the dog alleged to have perpetrated the attack.
Special Magistrate Neale, after reviewing the evidence and hearing the testimony DISMISSED
the Citation.
VIII. NEW BUSINESS
B. 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 Dr N, Naples, FL 34114
Supervisor Mucha represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $16,511.65.
Frank Lee, President Villages at Stella Maris Master Association testified the violation occurred
when repairs were being made to the seawall and it collapsed. The contractor withdrew from the
project and new contractor engaged for the repairs. The reconstruction of the seawall was complex
and time consuming.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion for
Imposition of Fines and Liens.
4. CASE NO: CEPM20210004918
OWNER: Lloyd L Bowein
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(i) and 22-228(1). A mixed-use building has multiple broken
windows with boarding.
FOLIO NO: 71781320009
PROPERTY ADDRESS: 3385 Bayshore Drive, Naples, FL 34112
Officer Johnson represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $33,011.85.
Mr. Bowein testified the contractor obtained permits and replaced 10 windows and 5 doors in the
residence. The work was completed a year ago, but the contractor declared bankruptcy and he was
unable to obtain the final inspections without engaging another contractor.
Special Magistrate Neale noting the violation was abated before the fines began to accrue,
DENIED the County’s Motion for Imposition of Fines and Liens.
1. CASE NO: CEOCC20210011891
OWNER: Andrew’s Venture’s LLC
OFFICER: Ryan Cathey
March 3, 2023
9
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 Avenue SW, Naples, FL 34116
Officer Johnson represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $6,211.75.
Sohil Jivani of Andrews Venture’s testified the work to abate the violation is ongoing with only
the final inspections for the fire safety system required. The safety system is functioning, and he
requested an additional 60 days to finish abating the violation.
Special Magistrate Neale CONTINUED the case for 60 days.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
13. CASE NO: CEEX20230001194-DASV23-015213
OWNER: Juliza Martinez
OFFICER: Jason Jimenez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large on the roadway “Tyson” fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 2/9/23
The Respondent was not present.
Danielle Jersey, Domestic Animal Services represented the County.
Evidence Entered: Exhibit 1: 1 photo dated 2/4/23 of Tyson running at large
Exhibit 2: 1 photo of Tyson in a residence
Exhibit 3: 1st Citation issued
Exhibit 4: 2nd Citation issued
Exhibit 5: 3rd Citation issued
Ms. Jersey testified the Citation was issued on February 6, 2023 and is the fourth offense which
requires a mandatory court appearance. Mr. Martinez paid the fines for the prior running at large
offenses but has outstanding costs for other infractions.
She recommended a fine in the amount of $350 - $500 be imposed for the infraction.
Special Magistrate Neale, finding the Notice of Hearing was properly served and the
Respondent is guilty of multiple offenses, ordered him 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.
14. CASE NO: CEEX20230000406-DASV23-014881
OWNER: Leticia Anastacio
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide current Collier County License “Rex” Fourth
offense.
March 3, 2023
10
FOLIO NO:
PROPERTY ADDRESS: Thomasson Ln, Naples, FL 34113
Cases #14 and #15 were combined
15. CASE NO: CEEX20230000402-DASV23-014880
OWNER: Leticia Anastacio
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide current Rabies Vaccine certificate “Rex” Fourth
Offense.
FOLIO NO:
PROPERTY ADDRESS: Thomasson Ln, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 2/7/23
The Respondent was not present.
Danielle Jersey, Domestic Animal Services represented the County and testified there are 3
prior Citations for the same offense and a mandatory court appearance is required for today’s
cases.
She recommended a fine in the amount of $350 - $500 be imposed for each case.
Case #14
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.
Case #15
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.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. CASE NO: CEAU20220001764
OWNER: Farman Ullah
OFFICER: Joseph Mucha
VIOLATIONS: Florida Building Code (2020), Chapter 1, Part 2, Section 105.1. Chain link
fence built between 2021 and 2022 without a valid Collier County permit.
FOLIO NO: 62095840006
PROPERTY ADDRESS: 5318 Martin St. #1, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 2/7/23
Date of Property/Courthouse Posting: 2/6/23
March 3, 2023
11
Ms. Ullah was not present but submitted an email dated March 1, 2023 notifying the County the
violation was abated.
Supervisor Mucha noted the violation was abated, but not in the prescribed timeframe amassing
fines and fees in the amount of $13,571.70.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion for
Imposition of Fines and Liens.
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.
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 – APRIL 7, 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 11:30 A.M.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
___________________________________
Patrick H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on _________________________, as presented ____,
or as amended ________.
March 3, 2023
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 11:30 AM.
COLLIER COUNT SPE ATMAGISTRATE
HEARING,
Patrick H. Neale, Special Magistrate
Special Magistrate on presented l/,
The Minutes were approved by the g /'7 as
or as amended
12