CESM Minutes 09/01/2023 September 1, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 1, 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
September 1, 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 A.M. All those
testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance
without being punitive.
Recessed: 9:11 a.m.
Reconvened: 9:22 a.m.
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
9. CASE NO: CESD20230003906 - Dockside of Naples Condo Assoc.
10. CASE NO: CENA20230004916 - Dorothy Mary Bailey and Richard C A Bailey
2. CASE NO: CEROW20230002298 - 7-ELEVEN INC
3. CASE NO: CEROW20220006276 - Jandy Hernandez and Jose M Blanco Perez
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CEEX20230006117-PR - 064558 - Steven D Wagner
4. CEROW20200012534 - 11750 RIGGS RD LLC
5. CEROW20220010132 - Felix Pantoja
7. CEPM20230001762 - Daniel J Hanuka
8. CASE NO: CESD20230000741 - Travis James Hanrahan and Meredith Emery Hanrahan
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
4. CELU20220000539 - Massimo Maffei
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the August 4, 2023, hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME
None
C. MOTION FOR REHEARING
September 1, 2023
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1. 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
Jeff Wright, Henderson and Franklin represented Dr. Fox and requested a Continuance in the
case because Dr. Fox was diagnosed with COVID-19 at 5:48pm the previous day and cannot attend
the hearing.
Ronald Tomasko, Assistant County Attorney represented the County and objected to a
Continuance as Dr. Fox’s presence is irrelevant to today’s proceeding where the aggravating factors
for the previous imposition of fines and liens imposed at the April 7, 2023 Special Magistrate are
under consideration. No new facts in the case have been raised by the Respondent and it is not a
rehearing of the case.
Mr. Wright noted Dr. Fox’s appearance should not be characterized as irrelevant as “due process”
is required for Dr. Fox who planned on attending the hearing and her property is impacted by the
decision regarding the imposition of fines and liens.
Mr. Tomasko noted Dr. Fox had due process in the case as she appeared at hearings multiple times.
Mr. Wright noted there is no new evidence to be presented other than a review of the permit
record.
Special Magistrate Neale took the Motion Under Advisement and recessed the hearing while he
considered the request.
Recessed: 9:41 a. m.
Reconvened: 9:51 a.m.
Special Magistrate Neale noted:
He reviewed the following case law during the recess in regards to “due process:”
1. Keys Citizens for Responsible Government, Inc. vs. Florida Keys Aqueduct
Authority.
2. 473 AFL-CIO vs. McElroy.
3. Morrisey vs. Brewer.
Three factors were considered based on the case law:
1. The private interest affected – (The amount of the fine imposed).
2. The risk of erroneous deprivation of such interest through the procedures used and
probable value of any additional or substitute procedural safeguards – (Dr. Fox had
opportunity to, and presented her case previously, was given notice of the hearings
and brought facts forwarded regarding the case.)
3. The government’s interest – (Compliance with regulations and any compensatory
damages for the violation).
Special Magistrate Neale, after reviewing the cases and considering the testimony, DENIED the
Respondent’s Motion for a Continuance.
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The Respondent’s Rehearing for the Motion of Imposition of Fines and Liens proceeded, and the
two parties had previously submitted position papers as requested by the Special Magistrate at the
last hearing.
Mr. Wright provided and overview of the Respondent’s position noting:
There were 2 separate violations to be abated as outlined in the Stipulation signed by Dr.
Fox: Obtaining a permit for a failed driveway culvert pipe; and Removing offending debris
from the north property line swale.
Dr. Fox abated the north property line swale violation immediately by removing the
offending material which left the issue of the failed culvert pipe to be remediated.
To address the failed culvert, Dr. Fox applied for permits where confusion and delays arose
due to requests by the County in conjunction with planned stormwater improvements in the
area and the possibility of obtaining a drainage easement on Dr. Fox’s property.
During the permitting process she complied with the County requests and expended
considerable funds to abate the violation.
No flooding occurred because of the culvert issue, there was no property damage associated
with the violation and the aggravating factors for the Imposition of Fines and Liens for this
portion of the violation are not worthy of severe punishment.
Special Magistrate Neale noted the original fine amount for the driveway culvert issue alone was
$111,000+/- and the fines imposed for the violations were reduced from $146,200 to $50,000
because of considerations which included the confusion with County permitting for the driveway
culvert replacement.
Mr. Tamasko provided an overview of the County’s position noting:
No new factors have been introduced by the Respondent and the culvert violation was not
abated for 731 days.
The north property line violation caused severe property damage to the adjacent property.
The confusion during the permit processing was considered during the previous hearing
where the fines were reduced and there is no basis for a further reduction.
If the fines are to be recalculated the County would request the full $146,200 be imposed for
both violations (approximately $111,000 for the culvert and $35,000 for the property line
swale).
Mr. Wright noted:
Dr. Fox went beyond the compliance requirements by obtaining permits and paying for work
on the swale on the north property line.
There was a public benefit for the work which improved the drainage in the community.
The goal of the County is to seek compliance, not penalize individuals and there were no
grave consequences to any property owner while the culvert violation was unabated.
Speaker
Sharon Clifton, adjacent property owner.
Mr. Wright noted Ms. Clifton was testifying while Dr. Fox was not allowed to be present.
Ms. Clifton noted the flooding on her property caused $45,000 in damage and recommended the
fine amount not be reduced.
Mr. Wright queried on Ms. Clifton’s background, and she noted she has a Masters Degree in
Hospital Management but no experience in hydrology.
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Special Magistrate Neale, after considering the information put forth by the parties RE-
AFFIRMED the $50,000.00 Imposition of Fines and Liens noting the amount imposed was
reduced from $146,200.00 to $50,000.00 at the original hearing. The finding is based on:
1. The aggravating factors.
The time it took to abate the violation (731 days).
The impact on the neighbor’s property.
The stipulation was agreed to by the Respondent with a timeframe prescribed to abate
the violation.
2. Mitigating factors.
The confusion with the County during the process.
The funds expended to abate the violation.
VIII. NEW BUSINESS
B. Motion for Imposition of Fines and Liens
16. CASE NO: CEPM20220007180
OWNER: West Shore Point Naples LLC
OFFICER: Jonathan Musse
VIOLATIONS Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-228(1). Damaged automatic electric gate in need of repair.
FOLIO NO: 389880006
PROPERTY ADDRESS: 2155 Great Blue Drive, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 8/10/23
Date of Property/Courthouse Posting: 8/11/23
Officer Musse represented the County noting the violation has been abated but not in the
prescribed timeframe. There is another open code case for the property which is accruing fines
and costs.
Abatement Date: 7/26/23
Special Magistrate Order: 1 No. 6226 Page: 904
Fine Amount: $250.00/day
Duration: 141 days
Total Fine Amount: $35,250.00
Unpaid Operational Costs: $223.45
Total to Date: $35,473.45
Todd Allen, Attorney for the Respondent noted the project was delayed as the contractor was
unaware a permit was required for the repairs. They are working on abating the other violation
and requested the fines in this case be waived or reduced.
Special Magistrate Neale, after considering the testimony and aggravating factors associated
with the violation GRANTED the County’s Motion for Imposition of Fines and Liens in the
amount of $5,111.80 ($5,000.00 in fines and $111.80 for Operational Costs). Said amount to
become a lien on the property.
VI. STIPULATIONS
9. CASE NO: CESD20230003906
OWNER: Dockside of Naples Condo Assoc.
OFFICER: Joseph Mucha
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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). Unpermitted concrete block deck built
on association property.
FOLIO NO: 725720005
PROPERTY ADDRESS: 1008 Dockside Ct. Naples, FL 34114
Supervisor Mucha requested the hearing.
The Stipulation was entered into by the Respondent’s representative Carlos Fernandez on September
1, 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. Obtain all required Collier County Building Permit(s), or Collier County Demolition Permit(s),
Inspections and Certificate of Occupancy/Completion for the concrete deck within 45 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
Speakers
Arturo Arguelles, General Contractor and Yesenia Moncada raised issues in relation to the
construction being previously permitted by the Association, however Special Magistrate Neale noted
the case involves County Codes and not issues involving management of the community.
10. CASE NO: CENA20230004916
OWNER: Dorothy Mary Bailey and Richard C A Bailey
OFFICER: Alphonse Jones
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. Litter/prohibited outside storage including but not limited to,
paper, plastic, cardboard, metal, propane tanks, and other various household items.
FOLIO NO: 62577000005
PROPERTY ADDRESS: 631 106th Ave N, Naples, FL 34108
Officer Jones requested the hearing.
The Stipulation was entered into by Dorothy Mary and Richard CA Bailey on September 1, 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. 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 60 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
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enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.70
2. CASE NO: CEROW20230002298
OWNER: 7-ELEVEN INC
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1) and Chapter 110, Article II, Section 110-31(a). Large potholes in the Right-
of-Way of commercially zoned property and is determined to be hazardous
condition to the public.
FOLIO NO: 136441805
PROPERTY ADDRESS: 105 Carver St, Immokalee, FL 34142
Officer Rodriguez requested the hearing.
The Stipulation was entered into by the Respondent’s representative David Louis on September 1,
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. Obtaining all required Collier County Right-Of-Way permit(s), inspections and Certificate of
Completion/Final, to repair the right of way to a safe and permitted condition within 120 days
of this hearing or a fine of $200.00 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
3. CASE NO: CEROW20220006276
OWNER: Jandy Hernandez and Jose M Blanco Perez
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a), and the Collier County Land Development Code 04-41, as amended,
Sectionm10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i).
Unpermitted driveway extension, failed culvert pipe, driveway extension material
from unpermitted driveway extension obstructing the right of way.
FOLIO NO: 39775400003
PROPERTY ADDRESS: 3363 45th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 8/9/23
Date of Property/Courthouse Posting: 8/10/23
Officer Delia requested the hearing.
The Stipulation was entered into by Jose Blanco on September 1, 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.
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2. Obtaining all required Collier County Right-Of-Way permit(s), Inspections and Certificate of
Completion/Occupancy, for the unpermitted right-of-way improvements or restore to a
permitted state within 180 days of this hearing or a fine of $200.00 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
VIII. NEW BUSINESS (Continued)
B. Motion for Imposition of Fines and Liens
2. 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 Avenue, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 8/10/23
Date of Property/Courthouse Posting: 8/26/23
Officer Patterson testified the violation has been abated but not in the prescribed timeframe
amassing fines and costs in the amount of $711.75.
Irma Gallegos noted inspection issues delayed the final abatement, however the work was
completed within the prescribed timeframe.
Special Magistrate Neale, after hearing the testimony, DENIED the County’s Motion for
Imposition of Fines and Liens.
VII. PUBLIC HEARINGS
A. HEARINGS
6. CASE NO: CESD20230001722
OWNER: Carmen Palmisano and Yvonne Gallegos
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). New porch
constructed without required Collier County permit.
FOLIO NO: 74413480007
PROPERTY ADDRESS: 3512 Okeechobee St, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/16/23
Yvonne Gallegos and Carmen Palimisano were present.
Officer Patterson represented the County noting a permit was filed for however it has not been
issued as a variance is required for the porch.
Evidence Entered: Exhibit 1: 1 photo dated 2/21/23
Exhibit 2: 1 photo dated 4/24/23
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Exhibit 3: 2 photos dated 8/31/23
Exhibit 4: Aerial photo of property
Exhibit 5: 1 zoning map of property
Ms. Gallegos testified the porch was constructed for a handicapped granddaughter to sit outside and
a lift is required to assist her which required a larger porch. She was unaware a variance would be
required for the structure and requested a 1 year continuance in the case to process the variance
request.
Manager Letourneau did not object to a Continuance for a reasonable period of time.
Special Magistrate Neale, after hearing the testimony and reviewing the evidence CONTINUED
the case for 6 months.
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: T D O R S Investments LLC
OFFICER: Adam Collier
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). Commenced
construction prior to obtaining Collier County building permits, and
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 been abated but not in the
prescribed time frame amassing fines and costs in the amount of $9,711.95.
Theodore and Daniel Tomici of S T D O R Investments, LLC reported the delays were caused
by contractor issues including the inability to locate someone to undertake “After the Fact”
permitting.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
3. 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: 8/11/23
Date of Property/Courthouse Posting: 8/16/23
Officer Pulse represented the County noting the violation has not been abated.
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Order No: 6274 Page: 1519
Fine Amount: $100.00/day
Duration: 49 days
Total Fine Amount: $4,900.00
Civil Penalty; $250.00
Unpaid Operational Costs: $223.45
Total to Date: $5,373.45
Martin Anastasio was present and his son Gilbert Anastacio, translated.
Mr. Anastacio noted they are working on abating the violation and there has been a lack of
communication between his sister and father and they need additional time to abate the violation.
Manager Letourneau expressed concern the case is a repeat violation.
Mr. Anastacio noted they were not aware of the notices for hearings regarding the matter.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for the Operational Costs and the Civil Penalty for a total amount of $473.45. Said amount due
before the next hearing date. Said amount to become a lien on the property with fines
continuing to accrue. The case CONTINUED to the October hearing date.
5. CASE NO: CESD20210009168
OWNER: Juan Sanchez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). An unpermitted metal frame structure erected on
agriculturally zoned property.
FOLIO NO: 64000004
PROPERTY ADDRESS: 2002 SR 82, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 8/10/23
Date of Property/Courthouse Posting: 8/10/23
Officer Rodriguez represented the County noting the violation has been abated but not in the
prescribed time frame amassing fines and costs in the amount of $58,161.80.
Juan Sanchez and Andrea Herrera (Secretary) noted contractor issues delayed abating the
violation. One contractor left the job and Mr. Sanchez took over the project, COVID-19 also
caused delays.
Special Magistrate Neale, after considering the testimony, GRANTED the County’s Motion for
Imposition of Fines and Liens in the amount of $1,611.80 ($1,500.00 in fines and $111.80 in
Operational Costs). Said amount to become a lien on the property.
Recessed: 12:10 p.m.
Reconvened: 12:46 p.m.
7. CASE NO: CEV20220005839
OWNER: Janet Virginia Stoker Est C/O 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
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zoned improved property with a commercial type trailer parked in the front, an
inoperable and unlicensed vehicle on-site, and vehicles parked on the grass.
FOLIO NO: 36235560004
PROPERTY ADDRESS: 1755 54th Terr SW, Naples, FL 34116
Officer Marinos represented the County noting the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $5,111.75.
Melanie Norris, representative of the estate noted probate issues delayed abating the violation.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
8. CASE NO: CENA20230001555
OWNER: Malcom 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. Repeat violation of prohibited outside 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: 8/11/23
Date of Property/Courthouse Posting: 8/12/23
Officer Joseph represented the County noting the violation has not been abated amassing fines
and costs in the amount of $5,373.45.
Deborah Smith testified she resides on the property with her mother who requires ongoing
medical care. Financial issues have delayed abating the violation which is caused by persons
residing at the premise helping care for her mother who accumulate the debris. She requested
additional time to abate the violation.
Manager Letourneau noted the case involves a repeat violation with complaints filed by the
public.
Special Magistrate Neale CONTINUED the case to the November hearing with the fines
continuing to accrue.
9. 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 unlicensed and inoperable vehicles being stored on the
property.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/12/23
Officer Joseph represented the County noting the violation has not been abated amassing fines
and costs in the amount of $5,123.45.
September 1, 2023
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Deborah Smith testified she resides on the property with her mother who requires ongoing
medical care. Financial issues have delayed abating the violation which is caused by persons
residing at the premise helping care for her mother who accumulate the debris. She requested
additional time to abate the violation.
Manager Letourneau noted the case involves a repeat violation with complaints filed by the
public.
Special Magistrate Neale CONTINUED the case to the November hearing with the fines
continuing to accrue.
11. 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: 8/11/23
Date of Property/Courthouse Posting: 8/11/23
Officer Denezza represented the County noting the violation has been abated but not in the
prescribed time frame amassing fines and costs in the amount of $5,111.80.
Yuri Estimable, representative of the Respondent testified contractor issues delayed the
project but the violation was 90 percent abated within the prescribed timeframe. He requested the
fines and costs be waived.
Special Magistrate Neale GRANTED the County’s Motion for Fines and Liens for the
Operational Costs in the amount of $111.80. Said amount to become a lien on the property.
12. CASE NO: CEV20230000212
OWNER: Fortino Mendez
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. An Estates-zoned property with multiple unlicensed and inoperable
vehicles in the rear of the property.
FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/14/23
Officer Collier represented the County noting the violation has not been abated in the prescribed
timeframe. He noted leaking diesel fuel which was remediated delayed inspection by one week,
however two vehicles remain on site in violation of County Ordinances.
Order No: 6266 Page: 2368
Fine Amount: $500.00/day
Duration: 76 days
Total Fine Amount: $38,000.00
Civil Penalty; $750.00
Unpaid Operational Costs: $223.55
September 1, 2023
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Total to Date: $38,973.55
Fortino Mendez contended the violation has been abated and the County disagreed.
Manager Letourneau noted the case has been ongoing for 8 months.
Special Magistrate Neale GRANTED the County’s Motion for Fines and Liens in the amount
of $38,973.55 (a $750.00 Civil Penalty, $38,000.00 for fines and $223.55 in Operational Costs).
Said amount to become a lien on the property with fines continuing to accrue.
13. CASE NO: CEPM20220005884
OWNER: Akshar of SW Florida Investment LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-240(1)(n)(3). An advertising structure (plaza sign) in disrepair.
FOLIO NO: 35832800003
PROPERTY ADDRESS: 12555 Collier Blvd, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/15/23
Officer Holmes represented the County noting the violation has not been abated amassing fines
and costs in the amount of $6,012.00.
Janak Patel of Akshar of SW Florida Investment, LLC testified he recently acquired the
property, and a title search yielded no encumbrances on the property. He was unaware of any
violation until he received the Notice of Hearing. The sign company needs to resubmit a permit
application for the work, and he requested a continuance in the case.
Special Magistrate Neale CONTINUED the case to the December hearing with the fines
ceasing to accrue.
Colleen Karlen of Code Enforcement noted currently recording the Order is optional and the
Department will review the policy.
15. CASE NO: CELU20230001073
OWNER: Moises Hernandez and Alma Y Hernandez
OFFICER: John Delia
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Recreational vehicles and litter consisting of but not
limited to building materials, plastic(s) and tools stored on an un-improved
residential property.
FOLIO NO: 38782440002
PROPERTY ADDRESS: 3240 60th Ave NE, Naples, FL 34120
Officer Delia represented the County noting the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $6,311.85.
Mr. Hernandez testified the debris was previously removed within the prescribed timeframe
however the RV was donated and when the donee arrived, they had the incorrect hitch for the
vehicle. This delayed abating the violation to a later date when the donee returned and removed
the vehicle.
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
September 1, 2023
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18. CASE NO: CESD20200000453
OWNER: Carlos Gonzalez and Barbara Reyes
OFFICER: Larry Sweet
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted addition/improvements.
FOLIO NO: 40982200001
PROPERTY ADDRESS: 2660 8th Ave SE, Naples, FL 34117
Officer Sweet represented the County noting the violation has not been abated in the prescribed
timeframe amassing fines and costs in the amount of $57,711.85.
Barbara Reyes was present, and Elba Marin acted as translator.
Ms. Reyes noted contractor issues delayed abating the violation. She has a new general
contractor and some inspections have been completed. She requested 90 additional days to abate
the violation.
Officer Sweet testified there have been 4 inspections performed, 2 passed and 2 failed.
Manager Letourneau recommended the case be continued.
Special Magistrate Neale CONTINUED the case to the December hearing date with the fines
ceasing to accrue.
19. CASE NO: CESD20210006137
OWNER: Jorge Baltazar and Alicia Baltazar
OFFICER: Doug Williams
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). A shed built without Collier
County permit between 1995 and 1999, and a carport attached to the shed built
between 2019 and 2020 without first obtaining a valid Collier County permit.
FOLIO NO: 62203240003
PROPERTY ADDRESS: 5549 Sholtz Street, Naples, FL 34113
Supervisor Mucha represented the County noting the violation has not been abated in the
prescribed timeframe amassing fines and costs in the amount of $42,712.00.
Alicia Baltazar and her son Edgar Aguilera were present.
Mr. Aguilera testified the case was continued from the last hearing and research indicates a
permit for a slab was issued in November of 1997 when the shed was constructed. It has been
difficult to find a consultant to assist with an “After the Fact” permit and the architects schedule
and personal issues delayed abating the violation.
Manager Letourneau noted some inspections have been conducted and recommended the case
be continued.
Special Magistrate Neale CONTINUED the case to the December hearing date with the fines
ceasing to accrue.
20. CASE NO: CELU20220004462
OWNER: Thomas Remland
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Recreational vehicles, vehicles on this unimproved property
FOLIO NO: 766640005
PROPERTY ADDRESS: NO SITE ADDRESS
The Case was combined with Case 21.
September 1, 2023
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Supervisor Mucha represented the County noting the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $16,823.45.
Thomas Remland and Mr. Terrero a friend were present.
Mr. Terrero testified he abated the violation while Mr. Remland was incarcerated. The work
was delayed due to squatters on the property who had to be removed. Hurricane Ian also delayed
the project. Notices on the hearings were not received as the mailbox was destroyed by the
hurricane. The violation was abated as soon as possible, and he requested the fines be waived.
Manager Letourneau had no objection to the waiver request, but recommended the Operational
Costs be paid.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $223.45 for Operational Costs. Said amount to become a lien on the property.
21. CASE NO: CELU20220004303
OWNER: Thomas Remland
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03.
Recreational vehicles, unpermitted structures, litter, and debris and prohibited
outside storage of items on the property.
FOLIO NO: 766680007
PROPERTY ADDRESS: 17045 Blue Heron Drive, Naples, FL 34114
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $223.45 for Operational Costs. Said amount to become a lien on the property.
6. CASE NO: CEV20210005345
OWNER: Michael J Liedke
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Two vehicles parked on residential property without current license
plates.
FOLIO NO: 54300200006
PROPERTY ADDRESS: 4676 Lakewood Blvd, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/10/23
The Respondent was not present.
Supervisor Mucha represented the County noting the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $11,862.00. He noted the
property was in probate, but the violation was abated as soon as possible given the circumstances.
Special Magistrate Neale, noting the Notice of Hearing was properly served, DENIED the
County’s Motion for Imposition of Fines and Liens.
10. CASE NO: CESD20230002311
OWNER: Fredi Gomez and Jennifer Arreguin
OFFICER: Charles Marinos
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). An Estates zones property with a
large metal building in the rear. Building is permitted, but electrical and
plumbing were added after the fact without permitting.
September 1, 2023
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FOLIO NO: 37014480003
PROPERTY ADDRESS: 825 11th St SW, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/10/23
The Respondent was not present.
Officer Marinos represented the County noting the violation has not been abated amassing fines
and costs in the amount of $6,323.40. He reported a permit was filed but is in rejected status.
Special Magistrate Neale, finding the Notice of Hearing was properly served, CONTINUED
the case to the October hearing with the fines continuing to accrue.
14. CASE NO: CEPM20230001616
OWNER: Pacifica Laurel Ridge LLC and Pacifica Companies LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(12)(p), 22-231(19) and 22-231(20). Damaged or missing
roof soffits and fascia, dirty A/C vents possible clogged with bird feathers, pest
infestation in the attic and A/C vents, ceiling has a hole and water stained,
missing or damaged smoke detectors, and an A/C vent hose that does not
appear to be connected to the handler.
FOLIO NO: 36180080008
PROPERTY ADDRESS: 5542 Laurel Ridge Ln, Unit #97, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 8/11/23
Date of Property/Courthouse Posting: 8/11/23
The Respondent was not present.
Officer Musse represented the County noting the violation has not been abated amassing fines
and costs in the amount of $34,223.45.
Manager Letourneau noted he anticipated the Respondent’s representative would be present
and withdrew the case.
17. CASE NO: CEPM20220005683
OWNER: Donna Juliette Anne Hall
OFFICER: Doug Williams
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(12)(b) and 22-231(12)(c). Vacant structure that is not being
properly maintained. The structure has a damaged roof and exterior wall
damage which constitutes a violation of the aforementioned ordinances.
FOLIO NO: 22625000007
PROPERTY ADDRESS: 4608 Dominion Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 8/10/23
Date of Property/Courthouse Posting: 8/10/23
The Respondent was not present.
Supervisor Mucha represented the County noting the violation has not been abated amassing
fines and costs in the amount of $18,211.85. He has not had any recent communication with Ms.
Hall.
Special Magistrate Neale, finding the Notice of Hearing was properly served, CONTINUED
the case to the October hearing to determine Ms. Hall’s status in the case. The fines continue
to accrue.
September 1, 2023
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22. CASE NO: CEPM20230001149
OWNER: 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, FL 34116
Date of Hearing Notice by Certified Mail: 8/10/23
Date of Property/Courthouse Posting: 8/11/23
The Respondent was not present.
Supervisor Mucha represented the County noting the violation has not been abated amassing
fines and costs in the amount of $7,473.40.
Special Magistrate Neale, finding the Notice of Hearing was properly served, GRANTED the
County’s Motion for Fines and Liens in the amount of $7,473.40. 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
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
XI. REPORTS
None
XII. NEXT MEETING DATE – OCTOBER 6, 2023, at 9:00am
September 1, 2023
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 2:54PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
r
Patrick H. Neale, Special Magistrat
)f The Minutes were approved by the Special Magistrate on POPb , as presented ,
or as amended
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