CESM Minutes 04/07/2023 April 7, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 7, 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
April 7, 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: 9:10am
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:
#4 CEPM20220009502 Irma Jovita Gallegos
Under Item VII.A– Hearings, the following cases were withdrawn:
#1 CASE NO: CEEX20230002058-SO-189410 Michael G. Tomasic
#3 CESD20220002913 Margarita Granados
#5 CEPM20220010286 Jacsonne Aristide and Islande Andris
#6 CESD20230000662 Hawthorne at Lely Resort A Condominium
#7 CASE NO: CEPM20220003671 Suzanne Norman
#8 CASE NO: CELU20230001246 Beach Tower at Moraya Bay, The A Condominium
#9 CEPM 20210006514 9. CASE NO: CEPM20210006514 Abaco Bay Condominium
#13 CENA20230001156 Ilona Dasbach Est.
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
#5 CENA20220006770 Dominick and Alycia Lento
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the March 3, 2023 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
April 7, 2023
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None
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
4. CASE NO: CEPM20220009502
OWNER: Irma Jovita Gallegos
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(c) and 22-228(1). Damaged roof, partially covered by torn blue tarp,
allowing water intrusion. Missing roof fascia.
FOLIO NO: 56401160001
PROPERTY ADDRESS: 328 Rose Ave, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 3/7/23
Date of Property/Courthouse Posting: 3/8/23
Officer Patterson requested the hearing.
The Stipulation was entered into by Irma Jovita Gallegos on March 31, 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/Occupancy for the roof and roof fascia 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
10. CASE NO: CESD20220009354
OWNER: Earnest L Knowles
OFFICER: Delicia Pulse
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). Multiple sheds and carports
without Collier County building permits.
FOLIO NO: 423840009
PROPERTY ADDRESS: 6242 Polly Ave, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/23/23
Officer Pulse represented the County and testified:
The violation involves 3 sheds, one from approximately 1981, one from 2022 – 2023 and
the other at an unknown time period.
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There is also a metal carport on movable skids which has been on the site for 5 years.
No permits have been issued for the structures although there was an application filed for
a shed in 1989 there was never a Certificate of Completion issued by the County.
An Agricultural Exemption could be granted however there needs to be a bona fide use
with income from the property and there is no record of such use according to the Collier
County appraiser’s office.
Evidence Entered: Composite Exhibit 1: 3 photos dated 10/13/22
Exhibit 2: 1 photo dated: 1/19/23
Composite Exhibit 3: 2 photos dated 2/24/23
Composite Exhibit 4: 5 photos dated 3/31/23
Exhibit 5: Aerial photos, 1975, 1981, 1988
Exhibit 6: Aerial photos, 2022, 2023
Exhibit 7: Building Official Determination
Exhibit 8: Permit File # 89895
Exhibit 9: Zoning Snapshot
Ernest Knowles was present represented by Attorney Keith Vogt.
Mr. Vogt testified:
They would have executed a stipulation however they requested a year to abate the
violation while the County agreed to 120 days.
Mr. Knowles has resided on the property for 41 years with no complaints until recently.
One shed was on the property when he purchased it in 1983.
Mr. Knowles has health and financial issues and would like a year to abate the violation.
Options include obtaining permits for the structures, seeking an Agricultural Exemption
or removing the structures.
Manager Letourneau reported the County would agree to 6-months to abate the violation and
there is an opportunity for an “Permit by Affidavit” for the 1981 structure which would need to
conform to the standards in place at that time.
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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 the carports and sheds within 180 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
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Special Magistrate Neale notified Mr. Voght if the violation is not abated in the prescribed
time frame, an Extension of be sought which will be considered based on the progress being
made on the violation.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEROW20170015842
OWNER: Elizabeth Fox
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Failed culvert pipes under the driveways
along Ridge Drive and a failed/blocked drainage culvert/swale along the north
side of the property between Ridge Drive and Goodlette-Frank Road,
impeding stormwater flow.
FOLIO NO: 67184800004
PROPERTY ADDRESS: 110/122 Ridge Drive, Naples, FL 34108
Date of Hearing Notice by Certified Mail: 3/7/23
Date of Property/Courthouse Posting: 3/22/23
Officer Cathey represented the County noting the violation has been abated but not in the
prescribed time frame amassing fines and costs as follows:
Special Magistrate Order: No. 5834 Page: 1366
Fine Amount: $200.00/day
Duration: 731 days
Total Fine Amount: $146,200.00
Unpaid Operational Costs: $112.05
Total to Date: $146,312.05
Dr. Fox was present with Attorney John Brugger.
Mr. Brugger reported:
The violation involved addressing a long term drainage problem for the Pine Ridge area.
The County has been involved in resolving the issue including seeking an easement for
the drainage swale on Dr. Fox’s property.
The County continually requested delays to the work as they were going to improve the
swale and install any necessary drainage culverts at their expense upon granting of the
easement. County representative involved in the matter Jerry Kurtz of Stormwater
Management retired, but was willing to come out of retirement to deal with the issue, if
necessary. He is not present today.
The violation was eventually abated by the Respondent and the County is still seeking an
easement and property appraisals have been obtained by both parties.
He requesed the fines and costs be waived by the Special Magistrate.
Director Ossorio reported the case involves replacing driveway culverts and repairing the swale
and the County did seek an easement, however were unable to acquire it from Dr. Fox.
Dr. Fox noted she has expended substantial funds to alleviate the violation including $110,000
of legal fees. Her property is at the lowest elevation in Pine Ridge and she has been attempting
to assist the County in allevaiting the neighborhood drainage issue. She was instructed to not
repair the swale by representatives of stormwater management who advised her it would be an
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unwise use of funds as the County was prepared to complete the work when an easement was
granted.
Dr. Fox provided an overview of the 6 year history of the issue and measures she undertook
dealing with the situation including numerous communications with County Staff who requested
she delay abating the violation.
Special Magistrate Neale noted the hearing today is in regards to the Stipulation she entered
into on October 1, 2020 which required her to abate the violation within 180 days (April 3, 2021)
and fines have accrued for her failure to adhere to it until April 3, 2021.
Dr. Fox noted she abated the violation by installing the driveway culverts and cleaning the swale
as requested as noted by a site visit conducted by Code Enforcement Officer Eric Short where
waterflow was observed in the swale.
Manager Letournea noted Officer Short does not have the expertise to determine if the
stormwater was flowing in an appropriate manner.
Speaker
Sharon Marshall Clifton, adjacent properety owner, expressed concern the drainage issue has
caused flooding on her property. She provided photos depicting the flood condition and
$25,0000 is required to address the issues. She requested the fines not be waived as the issue has
been ongoing since 2017.
Dr. Fox noted one issue is Ms. Clifton does not have any stormwater conveyance swale on her
property.
Mr. Brugger reiterated the delays requested by the County contributed to Dr. Fox not abating it
in the prescribed time frame.
Special Magistrate Neale, noting the Stipulation was executed in 2021 and not abated until
recently and the following 5 criteria are utilized to determine the amount of any fines imposed
with the following findings:
1. Gravity of the violation – is severe as it caused flooding of neighboring properties.
2. Any Actions taken to Correct – Actions were taken, however not expeditiously.
3. Any Previous violations – The Respondent has no previous violations.
4. Health, Safety and Welfare – There was damage to the Clifton property.
5. Any Other Relevant Factors – There may have been some confusion between her and the
County.
Special Magistrate Neale, finding the Notice of Hearing was properly served,and after hearing
the testimony and reviewing the case, GRANTED the County’s Motion for Imposition of Fines
and Liens for a total amount due of $50,000.00. Said amount to become a lien on the
property.
Recess: 11:00am
Reconvened: 11:14am
VII. Public Hearings (Continued)
11. CASE NO: CEAU20220004549
OWNER: Joseph Hunt
April 7, 2023
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OFFICER: John Johnson
VIOLATIONS: Florida Building Code 7th Edition (2020) Building, Chapter 1, Section 105.1. A
fence has been installed without the required permits.
FOLIO NO: 48173640003
PROPERTY ADDRESS: 2667 Lakeview Drive, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/13/23
Officer Johnson represented the County reporting:
The case is the result of a complaint filed for construction of a fence without a permit.
On December 2, 2022, Mr. Hunt was granted an Extension of Time of 90 days to abate the
violation. Thee application for a permit was filed on February 17, 2023, rejected on
February 28, 2023 with corrections requested but as of today, is now under review.
The violation remains unabated.
Evidence Entered: Composite Exhibit 1: Photo dated 5/922; 6/7/22; 10/26/22; 10/31/22
Exhibit 2: Aerial of property
Exhibit 3: 1 photo taken by adjacent property owner dated 4/1/23
Exhibit 4: 1 photo taken by Respondent on 4/3/23
Mr. Hunt requested the case be delayed due to a religious holiday and he may now seek legal
counsel.
Special Magistrate Neale noted no request was filed in advance regarding a religious exemption.
Mr. Hunt and the witnesses are present and he could have sought (and still may) legal counsel as he
was already granted an Extension of Time.
Manager Letourneau objected to a Continuance as the case has already been delayed.
Officer Johnson noted the case is not complex, involves a fence constructed without a permit and
the application is under review by the County.
Special Magistrate Neale decided to hear the case.
Mr. Hunt noted the case revolves around neighbor issues and he constructed the fence during an
emergency time following Hurricane Ian. He queried if a fence existed previously and he replaced
it, would a permit be required?
Manager Letourneau reported a permit is required for a fence replacement.
Special Magistrate Neale after hearing the evidence, reviewing the testimony and 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. Obtaining all required Collier County Building Permit(s), Inspections and Certificate of
Completion/Occupancy for the fence 30 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.
April 7, 2023
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Total Amount Due: $111.65
14. CASE NO: CEVR20230000654
OWNER: Vitaliy and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B),
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Trees/Vegetation
moved with mechanical means prior to obtaining a permit.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Ln, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 3/22/23
Date of Property/Courthouse Posting: 3/23/23
Officer Collier represented the County noting the case involves clearing of land without a permit.
Evidence Entered: Exhibit 1: 1 photo dated 1/25/23
Exhibit 2: Determination of County
Composite Exhibit 3: 3 photos dated 4/6/23
Exhibit 4: 1 photo taken by Respondent on 4/3/23
Dimitri Trechpacko, Belru Construction reported an environmental consultant has been engaged
to assist in the case. He requested 90 days to abate the violation.
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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 $111.75 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/Occupancy to either keep the unpermitted improvements of the property as is or to
restore the property to its originally permitted condition 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 enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.75
15. CASE NO: CEROW20230000767
OWNER: Vitaliy and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections
110-31(a) and 110-32. Work performed in the right-of-way without the proper
County approvals/permits.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Ln, Naples, FL 34109
Date of Hearing Notice by Certified Mail: 3/22/23
Date of Property/Courthouse Posting: 3/23/23
April 7, 2023
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Officer Collier represented the County.
Evidence Entered: Exhibit 1: 1 photo dated 1/27/23
Composite Exhibit 2: 3 photos dated 4/6/23
Exhibit 3: Determination by County Engineer
Dimitri Trechpacko, Belru Construction reported the driveway was widened to allow construction
trucks to enter the site and requested 90 days to abate the violation.
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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 $111.75 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtaining all required Collier County Right-of-Way Permits, Inspections and Certificate of
Completion to restore the right-of-way to its originally permitted condition 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: $111.75
16. CASE NO: CEEX20230002263-DASV23-015532
OWNER: Esperanza Lopez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(2). Failure to provide current rabies vaccine for animal named “Boo Boo”
fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 3615 60th Ave NE, Naples, FL 34120
The case was combined with Case #18.
17. CASE NO: CEEX20230002264
OWNER: Esperanza Lopez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(1). Failure to provide current rabies vaccine for animal named “Cheech” fourth
offense.
FOLIO NO:
PROPERTY ADDRESS: 3615 60th Ave NE, Naples, FL 34120
Danielle Jersey, Domestic Animal Services represented the County.
Esperanza Lopez was present.
Special Magistrate Neale DISMISSED the Citation as the wrong offense (failure to license) was
cited in the Citation.
April 7, 2023
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18. CASE NO: CEEX20230002267-DASV23-015531
OWNER: Esperanza Lopez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(2). Failure to provide current rabies vaccine, fourth offense animal named
“Cheech”.
FOLIO NO:
PROPERTY ADDRESS: 3615 60th Ave NE, Naples, FL 34120
This case was combined with Case #16.
Danielle Jersey, Domestic Animal Services represented the County.
Esperanza Lopez was present.
Lisset Rojas, Ms. Lopez daughter acted as translator.
Ms. Jersey reported there are 3 current Citations for the same offense and recommended a fine of
$350 - $500 be imposed for the offenses. The fees associated with the prior offenses have been
paid.
Ms. Lopez reported she obtained the vaccinations for the dogs on 4/3/23.
Special Magistrate Neale, after hearing the testimony and finding the Notice of Hearing was
properly served, ordered the Respondent to pay the total for both cases combined: A fine in the
amount of $350.00, Operational Costs of $50.00 and an Administrative Fee of $5.00 for a total
amount due of $405.00. Said amount payable within 30 days of this hearing.
19. CASE NO: CEEX20230002271-DASV23-015533
OWNER: Esperanza Lopez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(1). Failure to provide current rabies vaccine animal named “Boo Boo” fourth
offense.
FOLIO NO:
PROPERTY 3615 60th Ave NE, Naples, FL 34120
Danielle Jersey, Domestic Animal Services represented the County.
Esperanza Lopez was present.
Special Magistrate Neale DISMISSED the Citation as the wrong offense (failure to license) was
cited in the Citation.
22. CASE NO: CEEX20230002378-DASV23-015628
OWNER: Wendy Sparks
OFFICER: Bill Himaras
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(F). Failure to remove animal waste, second offense animal named “Sage”.
FOLIO NO:
PROPERTY ADDRESS: Front of 4950 Sycamore Dr, Naples, FL 34119
Date of Hearing Notice by Certified Mail: 3/12/23
Danielle Jersey, Domestic Animal Services represented the County.
Evidence Entered: Composite Exhibit 1: 2 videos dated 2/20/23
April 7, 2023
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Exhibit 2: Affidavit of Graham Ginsberg
Exhibit 3: 1 photo
Exhibit 4: Notice of 1st and 2nd violation
Exhibit 5: Written request for appeal of Citation
Ms. Jersey testified the Citation was issued on December 22, 2022 based on an affidavit form
Graham Ginsberg and is a second offense. The Citation requires a payment of $207.00 including
fines and fees.
Ms. Sparks testified the first case involved a runny stool which could not be picked up without a
shovel. In this matter, there is no way to tell by the photo whose dog was responsible for the feces.
Special Magistrate Neale noted the witness is not present, the video does not clearly show the dog
defecating and there is no means to identify whose dog (or animal) was responsible for the feces left
by the side of the road.
Special Magistrate Neale DISMISSSED the Citation.
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: CEV20210012511
OWNER: Elvin Olavarria
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
4.05.03(A). Parking area of this single-family residence is greater than the
allowed forty (40%) of the required front yard.
FOLIO NO: 49482200007
PROPERTY ADDRESS: 4104 Cindy Avenue, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/22/23
Officer Pulse represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $12,411.80.
Mr. Olavarria reported the violation has been abated. The Special Magistrate required the work
to be completed by December 4, 2023 but there were delays as contractors were busy after
Hurricane Ian made landfall causing extensive damage to the area.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
2. CASE NO: CEROW20210012510
OWNER: Elvin Olavarria
April 7, 2023
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OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Division I, Section 110-32. Pavers and stone placed in the County right-of-
way without the required Collier County Permit.
FOLIO NO: 49482200007
PROPERTY ADDRESS: 4104 Cindy Avenue, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/22/23
Officer Pulse represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $8,811.80.
Mr. Olavarria reported the violation has been abated however the Special Magistrate required the
work to be completed by December 4, 2023 but there were delays as contractors were busy after
Hurricane Ian made landfall causing extensive damage to the area.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
6. 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 ADDRESS: 2090 41st Street SW, Naples, FL 34116
Officer Pulse represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $2,211.90.
Mr. Bello reported the violation has been abated however the vehicles in question belonged to a
tenant who needed time to remove the vehicles or relocate his family off the property.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
7. CASE NO: CEROW20220000044
OWNER: Juana Gonzalez
OFFICER: Doug Williams
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Section 110-31(a). Installing a second driveway without a Collier County
Permit.
FOLIO NO: 62152520007
PROPERTY ADDRESS: 5260 Floridian Ave, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/22/23
April 7, 2023
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Officer Williams represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $6,623.40.
Juana Gonzalez was present and her son, Martin Gonzalez acted as translator and reported the
home was the subject of a fire, so the violation was not abated.
Manager Letourneau WITHDREW the case.
8. 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) and Section 2.02.03. A plethora of illegal outside storage including
but not limited to construction debris and materials, tires, batteries, fencing, 5-
gallon buckets and other containers, furniture, scrap metal, and wood in an
area where such storage was not permitted, accessory or conditional use.
FOLIO NO: 22624560001
PROPERTY ADDRESS: 4607 Dominion Drive, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 3/9/23
Date of Property/Courthouse Posting: 3/13/23
Officer Johnson represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $1,861.75.
Ms. Strickhorn reported the violation has been abated however took longer than anticipated as
they had to rent a storage unit off site.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
9. 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 Drive, Naples, FL 34103
Officer Pitura represented the County testifying the violation was abated but not in the
prescribed timeframe amassing fines and costs in the amount of $1,661.80.
Kimberly Striker, Guardian reported the violation has been abated but court approval was
required to remove the vehicle.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
Recess: 12:56pm
Reconvened: 1:05pm
April 7, 2023
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VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
2. CASE NO: CENA20220008358
OWNER: Maximo Melendez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds over 18 inches in height on a mowable lot.
FOLIO NO: 66880320009
PROPERTY ADDRESS: 318 S 6th St., Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 3/7/23
Date of Property/Courthouse Posting: 3/8/23
Officer Rodriguez represented the County reporting the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 3 photos dated 9/22/22
Composite Exhibit 2: 3 photos dated 4/4/23
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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
12. CASE NO: CENA20220010898
OWNER: Dominick & Aylicia Lento
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-184. Litter consisting of but not limited to
garbage/plastic and a fallen tree.
FOLIO NO: 40184600001
PROPERTY ADDRESS: 3775 29th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 3/7/23
Date of Property/Courthouse Posting: 3/8/23
The Respondent was not present.
Officer Delia represented the County testifying the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 4 photos dated 12/8/22
Composite Exhibit 2: 4 photos dated 3/3/23
Composite Exhibit 3: 2 photos dated 4/6/23
April 7, 2023
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Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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. Pay a Civil Penalty in the amount of $250.00 within 30 days of this hearing for a repeat
offense.
3. Removing all unauthorized accumulation of litter and all other debris not permitted for
outside storage to a site designated for such use, or store desired items in a completely
enclosed structure within 7 days of this hearing or a fine of $100.00 per day will be
imposed until the violation has been abated.
4. 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
20. CASE NO: CEEX20230002253-DASV23-015401
OWNER: James Rudd
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). “Lani” (A269450) running at large on private property, 6th
offense.
FOLIO NO:
PROPERTY ADRESS: 1970 24th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 3/15/23
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on February 15, 2023 for a 6th offense of a dog running at large as witnessed by the
Officer. The Respondent has 5 prior Citations for the same offense with mandatory court
appearances and has failed to pay any of the fines imposed. She recommened a fine of $350 -
$500 be imposed for the infraction. .
Evidence Entered: Exhibit 1: 2 photos dated 2/15/23
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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 7 days of this hearing.
21. CASE NO: CEEX20230002335-DASV23-015511
OWNER: Juliza Martinez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide current Collier County License for animal named
Tyson.
April 7, 2023
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FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 3/16/23
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued on February 23, 2023 for a failure to license. There are 3 prior Citations for the same
offense and the Respondent also has multiple Citations for the dog running at large. No
payments have been received for the prior Citations. She recommened a fine of $350 - $500 be
imposed for the infraction. .
Evidence Entered: Exhibit 1: Citation issued on 2/23/23
Special Magistrate Neale, after hearing the testimony, reviewing the evidence and 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 7 days of this hearing.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CESD20210002032
OWNER: Fabricio Fernandez and Allison J Fernandez
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). The
unpermitted enclosure of open porch, alterations consisting of, but not limited
to, windows, doors and walls erected to structure.
FOLIO NO: 36457240005
PROPERTY 5472 32nd Ave SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 3/10/23
Date of Property/Courthouse Posting: 3/14/23
The Respondent was not present.
Officer Owen represented the County noting the violation has not been abated.
Special Magistrate Order: No. 6144 Page: 1001
Fine Amount: $100.00/day
Duration: 218 days
Total Fine Amount: $21,800.00
Unpaid Operational Costs: $223.60
Total to Date: $22,023.60
Finding the Notice of Hearing was properly served, the Special Magistrate GRANTED the
County’s Motion for Imposition of Fines for a total amount due of $22,023.60. 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
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
April 7, 2023
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:42PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patrick eale, Special Magistrate
The Minutes were approved by the Special Magistrate on ;1 h � Z3 , as presented
, or as amended
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