CESM Minutes 05/05/2023 May 5, 2023
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 5, 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: Thomas Iandimarino, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Specialist
May 5, 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: 9:12am
Reconvened: 9:22am
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:
6. CASE NO: CEV20230001656 - Wanda L Floyd
10. CASE NO: CEN20230001343 - STRAND AT NAPLES LLC
1. CASE NO: CESD20220008538 - RIDGEPORT LIMITED PARTNERSHIP
Under Item VII.A– Hearings, the following cases were withdrawn:
#3 CES20220010776 – Sutton Place Investors LLC
#4 CESD20220010606 – George J Kanelopoulos JR
#5 CEAU20230000948 – Michael Hallahan, Kristen Hallahan, and Nicholas Hallahan
#6. CASE NO: CEV20230001656 - Wanda L Floyd
#7 CEOC20220009810 – Shirley Taylor LLC
#8 CENA20230000507 – JVM Development Corp
#9 CESD20220010237 – Maureen Wurtz and John A Wurtz
#11. CASE NO: CENA20220010151 - Omar W Ventura and Esther Melgar
#13 CEAU20220011080 Nancy C Bunney
#14 CEPM20230000441 Emilie M Clark
#16 CEEX20230003360-DASV23-016209 – Fabiola Miguel
#18 CEEX20230003364-DASV23-015673 Robin Johnson
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
#9 CEPM20220008389 – 1725 W Vogel LLC
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the April 7, 2023 hearing were approved by Special Magistrate Neale.
May 5, 2023
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VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEAU20210004410
OWNER: Camilo and Teresa Leon
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and Florida Building Code, 7th Edition (2020), Chapter 1,
Section 105.1. Expired fence permit PRBD20200310510 and Rejected
Building Permit PRBD20210520341.
FOLIO NO: 38966560009
PROPERTY ADDRESS: 2740 50th Ave NW, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 4/20/23
Date of Property/Courthouse Posting: 4/21/23
Camilo and Teresa Leon were present.
Officer Patterson represented the County noting the violation has not been abated amassing
fines and costs in the amount of $6,011.75.
Ms. Leon testified they were in the process of obtaining permits as owners, however
encountered issues and engaged a contractor. They anticipate it will take 60 days to acquire the
permits and an additional 30 days to abate the violation.
Special Magistrate Neale CONTINUED the case for 90 days.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CEPM20220005884
OWNER: 12555 COLLIER BLVD LLC
OFFICER: Tony Asaro
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-240(1)(n)(3). Advertising structure (plaza sign) in disrepair.
FOLIO NO: 35832800003
PROPERTY ADDRESS: 12555 Collier Blvd, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 3/14/23
Date of Property/Courthouse Posting: 3/17/23
Officer Asaro represented the County.
Taylor Di Sarro, Property Manager represented the Respondent noting the sign company
needs a site survey for the work which will be completed to code. She requested a 60-day
Extension of Time to abate the violation.
Officer Asaro did not object to the request.
Special Magistrate Neale GRANTED the Motion for an Extension for a period of 60 days.
2. CASE NO: CEROW20220001483
OWNER: WEJ JR LLC
May 5, 2023
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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
Officer Holmes represented the County.
William Jones of WEJ, JR. LLC was present represented by his attorney Zach Lombardo
who requested a 30-day Extension of Time as they are in discussions with the County
Department of Transportation officials on matters related to the case.
Officer Holmes did not object to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the June 2,
2023 hearing date.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
10. CASE NO: CEN20230001343
OWNER: STRAND AT NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-
92(b)(1). Readings from a calibrated sound level; meter exceeded the allowable
decibel level of 72dB(c) for the affected Residentially Zoned property set in Table
1, Section 54-92, Article VI, Noise, of the reading came out to 73dB(c).
FOLIO NO: 66679713694
PROPERTY ADDRESS: 5840 Strand Blvd, Naples, FL 34110
Officer Musse requested the hearing.
The Stipulation was entered into by Leo J. Salvatori on March 5, 2023.
Special Magistrate Neale 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.
Further, the Special Magistrate issues a finding of fact that the respondent was in violation of the
referenced ordinance at the time a Notice of Violation was issued for the recurring violation of
exceeding the maximum sound level of 72dB(c) in accordance with sound levels and time
constraints pursuant to Table 1 of Collier County Code of Laws 54-92(b)(1).
Total Amount Due: $111.65
1. CASE NO: CESD20220008538
OWNER: RIDGEPORT LIMITED PARTNERSHIP
OFFICER: Adam Collier
May 5, 2023
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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). Shed/storage areas
constructed in the rear of the building prior to obtaining the proper permits.
FOLIO NO: 240440006
PROPERTY ADDRESS: 5323 Airport Rd N, Naples, FL34109
Date of Hearing Notice by Certified Mail: 4/14/23
Date of Property/Courthouse Posting: 4/14/23
Officer Collier requested the hearing.
The Stipulation was entered into by Matt Baker on May 5, 2023.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the unpermitted shed structure(s) and overhangs
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
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
11. CASE NO: CELU20220000539
OWNER: Massimo Maffei
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41 as amended, Sections
1.04.01(A) and 2.02.03. Illegal outside 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: 4/11/23
Date of Property/Courthouse Posting: 4/12/23
Officer Marinos represented the County noting the violation has not been abated amassing fines
and costs in the amount of $43,861.85.
Fitzgerald Frater, Attorney represented the Respondent noting he was recently retained as
legal counsel and the Respondent intends to obtain the necessary permits to construct a metal
storage building. He estimates it will take 120 days to obtain the permits and construct the
building.
Manager Letourneau noted the case has been ongoing for 16 months and expressed concern on
allowing another 120 days to abate the violation.
Mr. Frater stated the Respondent explored other options over the past months such as relocating
the equipment, however, has determined the best course of action is to construct a building.
May 5, 2023
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Manager Letourneau noted if the Respondent obtains a County Business Tax Receipt and
stores the equipment inside a building, the violation would be abated.
Special Magistrate Neale CONTINUED the case for 90 days with the fines continuing to accrue.
VII. PUBLIC HEARINGS
A. HEARINGS
12. CASE NO: CEPM20230001149 - Mark A Clegg
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1) and 22-231(11). Dwelling without electricity due to fire
damage.
FOLIO NO: 36436800000
PROPERTY ADDRESS: 5031 32nd Ave SW, Naples, FL34116
Date of Hearing Notice by Certified Mail: 4/11/23
Date of Property/Courthouse Posting: 4/11/23
Officer Musse represented the County noting the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 4 photos dated 5/4/23
Mr. Clegg noted he is working as an owner/builder to obtain the necessary permits and complete
the repairs required for the building. He requested additional time to abate the violation.
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 Demolition Permits, Inspections
and Certificate of Completion for all repairs to the electrical system 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 enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEPM20220001249
OWNER: Mark A Clegg
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(12)(b) and 22-231(12)(c). Fire damaged dwelling,
roof/soffit/exterior walls with fire and smoke damage.
May 5, 2023
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FOLIO NO: 36436800000
PROPERTY ADDRESS: 5031 32nd Ave SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 4/11/23
Date of Property/Courthouse Posting: 4/11/23
Manager Letournea requested the case be continued for 90 days based on Mr. Clegg’s
previous case.
Special Magistrate Neale CONTINUED the case for 90 days.
VII. PUBLIC HEARINGS
A. HEARINGS
17. CASE NO: CEEX20230003355-DASV23-015299
OWNER: Cory Cooper
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(E). Damage to property first offense, running at large and killing a turkey, animal
named “Clyde”.
FOLIO NO:
PROPERTY ADDRESS: 3970 12th Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 4/18/23
Cory Cooper was present.
Holly Dominguez and Manuel Dominguez were present.
Danielle Jersey, Domestic Animal Services represented the County and testified the Citation
was issued based on a January 27, 2023 incident where a turkey was killed by a dog. A video
captured Mr. Cooper’s dog on Ms. Dominguez property chasing the turkey. Mr. Cooper is
contesting the Citation.
Mr. Cooper requested evidence be produced of his dog killing the turkey.
Evidence Entered: Exhibit 1: Video of Mr. Cooper’s dog chasing “Clyde” the turkey.
Exhibit 2: 1 photo of the deceased turkey dated 1/27/23
Exhibit 3: Affadavit of Holly Dominguez
Ms. Jersey displayed the video taken from Ms. Dominguez’s yard camera which showed a dog
chasing the now deceased turkey. The dog and turkey went out of camera range during the
chase.
Mr. Cooper admitted it was his dog in the video however noted it does not show his dog killing
the turkey. He has had poultry in his yard and his dog never harmed them and there are other
predators in the area such as bobcats, panthers, etc. which may have caused the demise of the
turkey.
Manual Dominguez testified he was in the home when he heard a commotion and when he got
outside he saw Mr. Cooper’s dog standing over the turkey eating it.
Ms. Dominguez reported on February 12, 2023, Mr. Cooper came to the residence and
apologized for the incident.
Mr. Cooper stated he went to the house to determine if they had video of the dog actually killing
the turkey, which he determined they did not. No one actually witnessed the killling.
Special Magistrate Neale noted a decision would be based on the preponderance of evidence
presented in the case.
May 5, 2023
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Special Magistrate Neale, after hearing the testimony, reviewing the evidence and finding the
Notice of Hearing was properly served, UPHELD issance of the Citation and ordered the
Respondent to pay a fine in the amount of $107.00 Operational Costs of $50.00 and an
Administrative Fee of $5.00 for a total amount due of $162.00. Said amount payable within
30 days of this hearing.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
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: 4/11/23
Date of Property/Courthouse Posting: 4/12/23
The Respondent was not present.
Supervisor Mucha represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $42,223.45. He noted some progress has been made in abating
the violation however the Respondent is incarcerated.
Special Magistrate Neale CONTINUED the case for 60 days.
4. CASE NO: CESD20220000229
OWNER: Eradio E Abreu Uz and Vivette Diaz Aguila
OFFICER: John Delia
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted structure.
FOLIO NO: 39599880003
PROPERTY ADDRESS: 4273 14th St NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 4/11/23
Date of Property/Courthouse Posting: 4/13/23
Officer Delia represented the County testifying the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $911.75.
Dyana Abreu reported permitting issues delayed abatement of the violation.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
5. CASE NO: CESD20210005124
OWNER: 500 La Peninsula Condominium Association, Inc.
OFFICER: Thomas Pitura
May 5, 2023
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Stucco repair done to building 5
without the required permits.
FOLIO NO: 1050082006
PROPERTY ADRESS: 500 La Peninsula Blvd, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 4/11/23
Date of Property/Courthouse Posting: 4/13/23
Officer Pitura represented the County testifying the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $3,511.75.
Tom Ruf, President of the Condominium Association reported permitting issues and
availability of contractors due to Hurricane Ian delayed abating the violation.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
6. CASE NO: CENA20180012429
OWNER: Angelo Lucarelli and Gail Lucarelli
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). Prohibited exotic vegetation including, but not limited to, Brazilian
Pepper and Melaleuca trees on an unimproved parcel not zoned Estates or
Agricultural within 200 feet of unimproved property.
FOLIO NO: 163080006
PROPERTY NO SITE ADDRESS
Officer Collier represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $246,811.85.
Dominick Lucarelli represented his parents noting:
Based on an appearance before the previous Special Magistrate, he was unaware fines
were accruing in the case.
He is working on obtaining permits to develop the property and does not want to remove
vegetation twice and wishes to abate the violation after a building permit is issued.
Some of the abatement work is in wetland areas which are difficult to access.
He is concerned if liens are imposed, he will not be able to obtain the necessary financing
to develop the lot.
Manager Letourneau noted the case has been ongoing for 5 years with no removal of exotics
and at the previous hearing, the case was continued.
Mr. Lucarelli noted his consultant submitted permit applications to the Florida Department of
Environmental Protection on May 2, 2023.
Special Magistrate Neale CONTINUED the case to the July 7, 2023 hearing date with fines
continuing to accrue.
7. CASE NO: CESD20210008774
OWNER: Thomas A and Debra L Donahue
OFFICER: Donald Joseph
May 5, 2023
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Expired permit PRBD20200310994 for wood pilings and
to re-furbish seawall.
FOLIO NO: 46372680002
PROPERTY ADDRESS: 715 Palm Point Dr, Goodland, FL 34140
Date of Hearing Notice by Certified Mail: 4/11/23
Date of Property/Courthouse Posting: 4/13/23
Supervisor Mucha represented the County testifying the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $18,711.85.
Nick Pearson, Turrell, Hall & Associates, Inc. reported he got involved in the case after the
fact and a variance was required during the permitting process. Additionally, errors in the
parcel’s legal description and survey had to be corrected. The landowner determined to remove
the pilings to abate the violation and may seek a permit in the future if any work is proposed.
Special Magistrate Neale noting the violation has been abated, DENIED the County’s Motion
for Imposition of Fines and Liens.
8. CASE NO: CESD20210007667
OWNER: Barbaro Management Inc.
OFFICER: Thomas Pitura
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
demolition.
FOLIO NO: 60080160007
PROPERTY ADDRESS: 337 Airport Rd N, Naples, FL 34104
Vincent Barbaro of Barbaro Management, Inc. was present.
Officer Pitura represented the County testifying the violation was abated on April 27, 2023,
which was not in the prescribed time frame.
Special Magistrate Order: No. 6123 Page: 2199
Fine Amount: $100.00/day
Duration: 327 days
Total Fine Amount: $32,700.00
Unpaid Operational Costs: $111.75
Total to Date: $32,811.75
Mr. Barbaro reported:
The case involves the demolition of 2 units without obtaining the proper permits.
He hired contractors to abate the violation who applied for permits which were issued in
September 14, 2022.
The permit had an expiration date of October 14, 2023 and he was under the impression
he had until that date to abate the violation.
There were also issues with the final inspections and the violation was not finally abated
until April of 2023.
May 5, 2023
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Manager Letourneau expressed concern the original hearing in front of the Special Magistrate
was March 4, 2022 when Mr. Barbaro was given 90 days to abate the violation. He did not apply
for permits until August of 2022, well beyond the time given to abate the violation.
Special Magistrate Neale noted 101 days lapsed from the compliance date until a permit was
issued by County.
Special Magistrate GRANTED the County’s Motion for Imposition of Fines for a total
amount due of $10,212.75. Said amount to become a lien on the property.
Recessed: 11:02am
Reconvened: 11:12am
10. 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 Floridan Ave, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 4/12/23
Date of Property/Courthouse Posting: 4/12/23
Ms. Gonzalez was present and her son Martin Gonzalez acted as translator.
Officer Williams represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $9,311.75.
Ms. Gonzalez testified the driveway has been removed and sod is being placed today.
Officer Williams noted he would conduct a site inspection to determine the status of the
violation.
Special Magistrate Neale CONTINUED the case to the June hearing date.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
15. CASE NO: CEEX20230003362-DASV23-015844
OWNER: Adolfima David
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-36(10). Tethering violation 3rd Offense, animal “LT” unsupervised and
entangled with the trampoline, Entanglement or Safety Hazard.
FOLIO NO:
PROPERTY ADDRESS: 3412 Seagrape Ave, Naples, FL 34104
Date of Hearing Notice by Certified Mail: 4/10/23
Danielle Jersey, Domestic Animal Services represented the County and testified the two
Citations were issued on March 18, 2023 for unsupervised tethering and entaglement. She
recommended a fine of $400 - $500 be issued for each Citation.
Evidence Entered: Exhibit 1: 1 photo dated 3/18/23
Exhibit 2: 1 photo dated 3/18/23
May 5, 2023
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Exhibit 3: 1st Citation 8/29/17
Exhibit 4: 3rd Citation 3/18/23
Adolfino David was present and Martin Gonzalez acted as translator.
Ms. David testified the dog was only tethered unattended for a few minutes
During discussions it was noted Ms. David has unpaid fines for previous offenses including
failure to vaccinate and license. She has taken the Responsible Pet Owner’s class and is (or
should be) aware she cannot leave the dog tethered and unatennded.
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
$400.00 for each offense for a total amount of $800.00, Operational Costs of $50.00 and an
Administrative Fee of $5.00 for a total amount due of $855.00. Said amount payable within
30 days of this hearing.
V. MOTIONS (Continued)
B. MOTION FOR EXTENSION OF TIME
2. CASE NO: CESD20220003605
OWNER: Joshua and Elizabeth Erickson
OFFICER: Tony Asaro
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). Dock has been
extended without first obtaining a Collier County Building Permit.
FOLIO NO: 46273080002
PROPERTY ADDRESS: 237 Harbor Pl N, Goodland, FL 34140
Date of Hearing Notice by Certified Mail: 4/20/23
Date of Property/Courthouse Posting: 4/21/23
The Respondent was not present.
Officer Musse represented the County and testified Mr. Erickson filed a request for an
Extension of Time via a letter dated April 20, 2023. He is in the process of obtaining a permit
for construction of a residence and incorporating the dock work into the permit.
Special Magistrate Neale GRANTED the Motion for an Extension of time until the July
hearing date.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
2. CASE NO: CESD20220010038
OWNER: Marc Dornevil and Etilia Dornevil
OFFICER: Tony Asaro
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). Permit #
PRFH20221151337 is in reject status for wood patio in the back of the house,
replacing walls, roof, tv room, playroom, ripped down screen cage and
construction of an addition.
FOLIO NO: 35771800009
PROPERTY ADDRESS: 4142 18th Pl SW, Naples, FL 34116
May 5, 2023
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Date of Hearing Notice by Certified Mail: 4/18/23
Date of Property/Courthouse Posting: 4/20/23
The Respondent was not present.
Officer Asaro represented the County and testified work was completed without a permit and
the violation has not been abated.
Evidence Entered: Composite Exhibit 1: 2 photos dated 11/28/22
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections
and Certificate of Completion/Occupancy for the unpermitted improvements and
renovations within 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.
Total Amount Due: $111.70
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
Previously heard
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.
May 5, 2023
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.
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 —June 2, 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 11:50AM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
n
/
Patrick . eale, Special Magistrate
The' `nnutes were approved by the Special Magistrate on -2- A�0�0 , as presented
- , or as amended
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