CESM Minutes 07/07/2023 July 7, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, July 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: Thomas Iandimarino, Code Enforcement Director
Joseph Mucha, Code Enforcement Supervisor
Helen Buchillon, Code Enforcement Specialist
July 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 case was moved to VI – Stipulations:
5. CASE NO: CEV20220005839 - JANET VIRGINIA STOKER EST CO MELANIE ANN NORRIS
PR
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CENA20230002557 - HDL Brothers LLC
6. CESD20230001728 – Richard H Grimes
7. CESD20220010793 – Yuleisis Hervis
8. CEVR20230001225 – New Plan Florida Holdings LLC
15. CEEX20230005431-DASV23-016272 Megan Carmichael
Under VIII.B – Motion for Imposition of Fines, the following cases were withdrawn:
2. CASE NO: CESD20210009168 - Juan Sanchez
3. CASE NO: CESD20220002500 - Cynthia Minor
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the June 2, 2023 hearing were approved by Special Magistrate Neale.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CENA20220007344
OWNER: Butterfli Holdings 004 LLC
OFFICER: Alphonse Jones
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Grass/weeds over 18 inches high.
FOLIO NO: 62410040009
PROPERTY ADDRESS: 10975 Tamiami Trail N, Naples, FL 34108
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Officer Jones represented the County noting the violation was abated on December 27, 2022,
but not in the prescribed time frame amassing fines and costs in the amount of $11,611.75.
Theodore Bilirakis of Zinzow Law represented the Respondent and apologized to the County
for the delays abating the violation. He noted:
The property was acquired by the Respondent through a foreclosure action on the day of
the hearing for the Notice of Violation (November 4, 2022).
The Respondent abated the violation after acquiring the vacant commercial lot.
The 6 week delay in abating the violation was due to the nature of the commercial
transaction and the timing of finalizing occupancy for the Respondent.
Special Magistrate Neale, after considering the testimony, GRANTED the County’s Motion
for Imposition of Fines and Liens in the amount of $1,111.75. Said amount to become a lien
on the property.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
1. CASE NO: CEVR20230000654
OWNER: Vitaliy and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
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 removed with mechanical means prior to obtaining a permit.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Ln, Naples, FL 34109
Cases # 1 and 2 were combined.
2. 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
Officer Collier represented the County.
Dimitri Trechpacko, contractor represented the Respondent reporting:
Progress on abating the violation continues as they engaged an environmental consultant
on April 18, 2023.
A report was received on June 23, 2023 which indicated replanting will not be necessary
when permits for construction of a home, guest house and tennis courts are obtained.
They have applied for the necessary building permits and requested a 6 month Extension
of Time to abate the violation.
Special Magistrate Neale GRANTED the Motion for an Extension of Time for a period of 90
days.
July 7, 2023
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3. CASE NO: CEV20220009387
OWNER: Roseline Joseph
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Section 130-95, and
Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. RV in rear yard with sewage connection and no
license plate attached.
FOLIO NO: 36372280001
PROPERTY ADDRESS: 2231 53rd St SW, Naples, FL 34116
Roseline Joseph requested the extension noting the sewer line was disconnected from the RV
however there are title issues and requested a 90 day Extension of Time to abate the remainder of
the violation.
Officer Cathey represented the County noting the sewer line was disconnected and fees paid
but expressed concern allowing 90 days to address the title and registration.
Special Magistrate Neale GRANTED the Motion for an Extension of Time for a period of 60
days.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
5. CASE NO: CEV20220005839
OWNER: JANET VIRGINIA STOKER EST CO MELANIE ANN NORRIS PR
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections
130-95, 130-97(2) and 130-97(3), and Collier County Land Development Code
04-41, as amended, Section 4.05.03(A). A residentially zoned improved property
with a commercial type trailer parked in the front, and inoperable and unlicensed
vehicle on site, and vehicles parked on the grass.
FOLIO NO: 36235560004
PROPERTY ADDRESS: 1755 54th Ter SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 6/7/23
Date of Property/Courthouse Posting: 6/12/23
Officer Marinos requested the hearing.
The Stipulation was entered into by the Respondent’s representative Melania Ann Norris on July 7,
2023.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Repairing and affixing a current valid license plate to each vehicle in violation, or store these
vehicles within a completely enclosed structure, or remove these vehicles to a site intended for
such use within 14 days of this hearing or a fine of $50.00 will be imposed for each day the
violation remains.
3. Removing vehicles parked on the front yard grass area to a stabilized sub surface base or
plastic grid stabilization system covered by surface areas made of concrete, crushed stone,
crushed shell, asphalt, pavers or turf parking system specifically designated for parking of
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automobiles not to exceed 40% of the front yard for parking within 14 days of this hearing or
a fine of $50.00 per day will be imposed until the violation is abated.
4. Storing commercial vehicles/equipment within a completely enclosed structure or in the rear
yard vegetatively screened and conceal from all views or remove offending vehicles/equipment
from site to a site designated for such use within 14 days of this hearing or a fine of $50.00 per
day will be imposed until the violation is abated.
5. 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: CELU20230001293
OWNER: Joseph Hunt
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Construction related items and materials constituting illegal outside storage
including a wheelbarrow, a three-sided plastic cover, tipped over garbage can,
concrete block, and plywood, with no permitting activity that might warrant
temporary outside storage of these items.
FOLIO NO: 48173640003
PROPERTY ADDRESS: 2667 Lakeview Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 6/12/23
Date of Property/Courthouse Posting: 6/12/23
Officer Johnson represented the County noting the case involves a complaint filed on February
13, 2023 and a site visit confirmed a violation existed. Mr. Hunt was given until February 27, 2023
to abate the violation, however to date it remains.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2: 1 photo dated 2/14/23
Exhibit 3: 1 photo dated 3/5/23
Exhibit 4: 1 photo dated 6/8/23
Exhibit 5: 1 photo dated 6/8/23
Exhibit 6: 1 photo dated 7/5/23
Exhibit 7: 1 photo dated 7/5/23
Exhibit 8: 1 photo dated 7/5/23
Mr. Hunt reported:
The case revolves around ongoing complaints by the neighbor, and he is addressing
damage on his property caused by the breach of the neighbor’s seawall by filling sink holes
with gravel.
In February, the area was under a disaster order due to Hurricane Ian and emergency
repairs to the property were completed.
In June, it was necessary to undertake additional repairs to save his property due to the
seawall issues.
July 7, 2023
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Officer Johnson reported the County Engineer performed a site inspection and there are no
concerns with the structural condition of the property.
Mr. Hunt noted work was completed in the February to March time frame and the area cleaned up,
however conditions on site required new work which he initiated 2 weeks ago.
Speaker
Lanny Herrera, adjacent property owner, reported there have been ongoing issues with Mr.
Hunt’s property over a long period of time.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation 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. Removing all unauthorized outside storage of material goods and/or other belongings.
Items must be moved to a permitted and enclosed structure, moved to a site intended for
such storage or to a site intended for final disposal within 7 days of this hearing or a fine
of $100.00 will be imposed for each day the violation remains.
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: CEEX20230004324-DASV23-016296
OWNER: Karen Aguirre
OFFICER: Tad Bartareau
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(B). Affidavit with photo received stating that animal named “Ice Cube” was
running at large, fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 5375 Hawthorne Woods Way, Naples, FL 34116
Danielle Jersey, Domestic Animal Services represented the County and noted the case was Continued
from the previous hearing to determine if Ms. Aguirre could re-home the dog.
Evidence Entered: Exhibit 1: Citation dated 4/23/23
Karen Aguirre reported the dog has been re-homed.
Ms. Jersey confirmed the dog was re-homed and the new owner has obtained the necessary licensing from
the County.
Special Magistrate Neale noting Ms. Aguirre undertook the necessary steps to rehome the dog
DISMISSED the Citation.
13. CASE NO: CEEX20230005428-DASV23-016655
OWNER: Karen Aguirre
OFFICER: Tad Bartareau
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(B). Running at large, animal named “Ice Cube” Fifth Offense.
July 7, 2023
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FOLIO NO:
PROPERTY ADDRESS: 5340 Hawthorn woods Way, Naples, FL 34116
Danielle Jersey, Domestic Animal Services represented the County and noted the case was Continued
from the previous hearing to determine if Ms. Aguirre could re-home the dog.
Evidence Entered: Exhibit 1: Citation dated 5/31/23
Karen Aguirre reported the dog has been re-homed.
Ms. Jersey confirmed the dog was re-homed and the new owner has obtained the necessary licensing from
the County.
Special Magistrate Neale noting Ms. Aguirre undertook the necessary steps to rehome the dog
DISMISSED the Citation.
14. CASE NO: CEEX20230005440-DASV23-016253
OWNER: Belkis Rodriguez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(B). Running at large, found by good Samaritan, fourth offense, animal named
“Mama”.
FOLIO NO:
PROPERTY ADDRESS: 29th Ave NE, Naples, FL 34120
Danielle Jersey, Domestic Animal Services represented the County and noted the case involves a 4th
offense for the dog running at large. The incident occurred on 4/12/23 and Ms. Rodriguez paid the prior
citations and completed the Responsible Pet Owner’s class. She recommended at fine of $350 - $500 be
imposed for the violation.
Evidence Entered: Exhibit 1: 1 photo dated 4/12/23
Exhibit 2: Citation issued 3/2022
Exhibit 3: Citation issued 4/20/22
Exhibit 4: 1 photo dated 7/10/22
Exhibit 5: 1 photo dated 4/12/23
Belkis Rodriguez was present and her son Ernesto Rodriguez acted as translator.
Ms. Rodriguez noted the dog is 14 years old and the incidents occur when she is on vacation and a person
is dog sitting. To prevent further incidents, the dog is now an “inside” dog and only allowed outdoors on a
leash.
Special Magistrate Neale, after considering the testimony, DISMISSED the Citation noting Ms.
Rodriguez paid the prior costs and has taken measures to address the situation.
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: CESD20220007981
OWNER: TDORS Investments LLC
OFFICER: Adam Collier
July 7, 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). Commencing
construction prior to obtaining Collier County building permits. Unpermitted
shingle roof and roof extension.
FOLIO NO: 71271720009
PROPERTY ADDRESS: 42 Royal Cove Dr, Naples, FL 34110
Officer Collier represented the County noting the violation has not been abated in the prescribed
time frame amassing fines and costs in the amount of $5,661.75.
Theodore Tomici of TDORS Investments reported contractor issues including one passing away,
another one fired after hiring, etc. have delayed the abatement. They have applied for the
necessary permits to abate the violation.
Officer Collier noted the permit was filed on June 28, 2023 and is still under review.
Special Magistrate Neale CONTINUED the case until the August 4, 2023 hearing date.
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: 00163080006
PROPERTY ADDRESS: NO SITE ADDRESS
Officer Collier represented the County noting the violation has not been abated amassing fines and
costs in the amount of $265,712.25.
Dominick Lucarelli represented his parents Angelo and Gail noting:
The case involves 5 acres of vacant land infested with exotic species.
The site contains wetland areas and the exotics may not be removed by machine or
chemically treated.
Their attorney did obtain permission to remove the species utilizing plywood platforms
however it is too difficult and costly.
Other concerns include the exotics may re-establish after removal as they are present on
adjacent properties.
They have engaged a consultant, GradyMinor to assist in the endeavor and spent $75,000
with the firm to date.
Some clearing had been done in accessible areas over the past years.
The landowner who filed the complaint no longer owns his property and has relocated.
Evidence Entered: Exhibit 1: Email from GradyMinor dated 6/27/23 – Re: Erie Drive
Exhibit 2: Client Receipt Register from GradyMinor
Special Magistrate Neale noted the case has been ongoing for 4 years without resolution.
Mr. Lucarelli stated abating the violation is extremely expensive and they are seeking the most
cost effective measures to deal with the situation.
Special Magistrate Neale noted he needs to complete a detailed review of the Ordinance
governing the case. The case was CONTINUED until the August 4, 2023 hearing date and the
fines will cease to accrue during this period.
July 7, 2023
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Recessed: 11:05am
Reconvened: 11:15am
7. 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). A damaged staircase in need of repair.
FOLIO NO: 389880006
PROPERTY ADDRESS: 2125 Scrub Oak Cir, Naples, FL 34112
Officer Musse represented the County noting the violation has not been abated in the prescribed
time frame amassing fines and costs in the amount of $86,111.90.
Addary Alfonso Property Manager represented the Respondent and reported permitting issues
have delayed abating the violation. Indications are the entire staircase may need to be removed and
replaced.
Officer Musse reported the permit was applied for on June 2, 2023 and as of July 5, 2023 it is in
rejection status.
Special Magistrate Neale CONTINUED the case for 60 days with the fines continuing to accrue.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
2. CASE NO: CENA20230000197
OWNER: Martin H Anastasio
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181, and Collier County Land Development Code 04-
41, as amended, Section 2.02.03. Outdoor storage consisting of but not
limited to plywood, wood, tabletop, plastic bins, cardboard box etc.
FOLIO NO: 67491120008
PROPERTY ADDRESS: 4409 Thomasson Ln, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 6/7/23
Date of Property/Courthouse Posting: 6/22/23
The Respondent was not present.
Supervisor Mucha represented the County noting the case involves a January 9, 2023 complaint
and the property is subject to a repeat violation. As of July 6, 2023 the violation remains
unabated.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2: Previous Order from 2019
Exhibit 3: 1 photo dated 7/6/23
Exhibit 4: 1 photo dated 7/6/23
Exhibit 5: 1 photo dated 7/6/23
Exhibit 6: 1 photo dated 7/6/23
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation 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.
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2. Pay a Civil Penalty int the amount of $250.00 for the repeat violation within 30 days of this
hearing.
3. Removing all unauthorized accumulation of litter and all other items 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 will be imposed for
each day the violation remains
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: $111.70
3. CASE NO: CEV20230002682
OWNER: Malcolm Smith
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Multiple inoperable, unlicensed vehicle parked or stored on
property.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train LN, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 6/7/23
Date of Property/Courthouse Posting: 6/7/23
The Respondent was not present.
Officer Joseph represented the County noting the case involves a complaint filed on March 28,
2023. A site visit on April 11, 2023 confirmed the violation existed and as of July 6, 2023 it
has not been abated.
Evidence Entered: Exhibit 1: 1 photo dated 3/28/23
Exhibit 2: 1 photo dated 3/28/23
Exhibit 3: 1 photo dated 3/28/23
Exhibit 4: 1 photo dated 3/28/23
Exhibit 5: 1 photo dated 3/28/23
Exhibit 6: 1 photo dated 7/6/23
Exhibit 7: 1 photo dated 7/6/23
Exhibit 8: 1 photo dated 7/6/23
Exhibit 9: Aerial photo of property
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation 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. Repairing and affixing a current valid license plate to each vehicle in violation, or store
these vehicles in a completely enclosed structure, or remove these vehicles to a site
intended for such use within 7 days of this hearing or a fine of $100.00 will be imposed for
each day any violation continues.
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
July 7, 2023
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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
4. CASE NO: CENA20230001555
OWNER: Malcolm Smith
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181 and Collier County Land Development Code 04-
41, as amended, Section 2.02.03. Prohibited outdoor storage and
accumulation of litter including but not limited to car batteries, engine parts,
compressors, BBQ grills, appliances, tool chests, metal drums, exercise
equipment and general wood/paper/plastic litter.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train LN, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 6/7/23
Date of Property/Courthouse Posting: 6/7/23
The Respondent was not present.
Officer Joseph represented the County noting the case involves a complaint filed on February
24, 2023. A site visit on March 28, 2023 confirmed the violation remained and the Respondent
was given until May 11, 2023 to abate the violation. As of July 6, 2023 the violation remains
and is a repeat occurrence with a case heard in 2018.
Evidence Entered: Exhibit 1: 1 photo dated 5/22/23
Exhibit 2: 1 photo dated 5/22/23
Exhibit 3: 1 photo dated 5/22/23
Exhibit 4: 1 photo dated 5/22/23
Exhibit 5: 1 photo dated 5/22/23
Exhibit 6: 1 photo dated 5/22/23
Exhibit 7: 1 photo dated 5/22/23
Exhibit 8: 1 photo dated 7/6/23
Exhibit 9: 1 photo dated 7/6/23
Exhibit 10: 1 photo dated 7/6/23
Exhibit 11: Aerial photo of property
Exhibit 12: Copy of Order from 2018
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation 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. Pay a Civil Penalty int the amount of $250.00 for the repeat violation within 30 days of this
hearing.
3. Removing all unauthorized accumulation of litter and all other items 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 will be imposed for
each day the violation remains.
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
July 7, 2023
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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
9. CASE NO: CEPM20230001887
OWNER: Pacifica Naples LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1) and 22-240(1)(n)(1). Sidewalk surrounding building 14 in
disrepair and a potential trip hazard.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4225 Heritage Cir, Bldg. 14, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 6/7/23
Date of Property/Courthouse Posting: 6/7/23
The Respondent was not present.
Officer Musse represented the County noting the case involves a site inspection on March 3,
2023 where the violation was observed. Contact was made with the property management
company responsible for the site who indicated through various communications the work would
be completed June 30, 2023 – July 7, 2023. A site visit on July 6, 2023 revealed the work
required to abate the violation has not been started.
Evidence Entered: Exhibit 1: 1 photo dated 3/3/23
Exhibit 2: 1 photo dated 3/3/23
Exhibit 3: 1 photo dated 3/3/23
Exhibit 4: 1 Aerial photo of property
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation 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 Permits, Inspections and Certificate of
Completion for all repairs to the sidewalk to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code within 7 days of this
hearing or a fine of $500.00 a 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: CENA20230005126
OWNER: Ilona Dasbach Est
OFFICER: Jason Packard
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Recurring violation of weeds and grass in excess of 18 inches
throughout the property.
FOLIO NO: 55101000006
PROPERTY ADDRESS: 224 Pine Valley Cir, Naples, FL 34113
July 7, 2023
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Date of Hearing Notice by Certified Mail: 6/19/23
Date of Property/Courthouse Posting: 6/22/23
The Respondent was not present.
Officer Packard represented the County noting the case involves a complaint filed on June 8,
2023. The property has been subject to multiple cases and as of July 6, 2023, the violation has
not been abated.
Evidence Entered: Exhibit 1: Aerial photo of property - Collier County Appraiser
Exhibit 2: Aerial photo of property – Zoning Dept.
Exhibit 3: 1 photo dated 6/8/23
Exhibit 4: 1 photo dated 6/8/23
Exhibit 5: 1 photo dated 7/6//23
Exhibit 6: 1 photo dated 7/6/23
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation 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. Mow or cause to mow all weeds, grass or other similar non protected overgrowth in excess
of 18 inches in a height down to a height of less than 6 inches on subject property within 7
days of this hearing or a fine of $250.00 a 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
5. CASE NO: CENA20220006770
OWNER: Dominick Lento and Alycia Lento
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(b). Repeat violation of grass and weeds more than 18 inches in height
within 30 feet of the residential structure.
FOLIO NO: 40184600001
PROPERTY ADDRESS: 3775 29th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 6/9/23
Date of Property/Courthouse Posting: 6/12/23
The Respondent was not present.
Officer Delia represented the County reporting the violation was abated by the County.
Abatement Date: 6/7/23
Special Magistrate Order: 1 No. 6197 Page: 3558
Fine Amount: $50.00/day
Duration: 208 days
Total Fine Amount: $10,400.00
Unpaid Abatement Costs: $285.00
Unpaid Operational Costs: $223.35
July 7, 2023
Total to Date: $10,908.335
Special Magistrate Neale GRANTED the County's Motion for Imposition of Fines and Liens in
the amount of$10,908.35.
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.
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 —AUGUST 4, 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 12:15PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patrick H.`Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on 2_3 , as presented
/, or as amended
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