CESM Minutes 10/06/2023 October 6, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, October 6, 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
October 6, 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:
Reconvened:
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:
1. CASE NO: CESD20230004048 - Jesus Perez and Maleidis Casanas Romero
6. CASE NO: CESD20230000435 - Marcos Benavides Ramos and Josefina Almaraz Ramirez
7. CASE NO: CEV20230004818 - Luis Fernando Salazar Barralaga and Esly Magali Moran
8. CASE NO: CEV20230006728 - COAST TO COAST PROPERTY INVESTMENTS LLC
9. CASE NO: CESD20230000741 - Travis James Hanrahan and Meredith Emery Hanrahan
10. CASE NO: CESD20230000230 - Alice Licker
18. CASE NO: CESD20230006611 - Catherine Floyd
19. CASE NO: CEV20230005442 - Gordon L Ward
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CASE NO: CENA20230003093 – Phillip Carr
3. CEPM20230003893 - Timothy Schaus
11. CELU20230007365 - 2754 BAYVIEW LLC
12. CESD20220010486 - Geikel Garcia Vera
13. CASE NO: CEPM20230002154 - Grace Shay LLC-Series 4
14. CENA20230005578 - Diane Sullivan
15. CEPM20230005784 - RESERVE AT NAPLES CONDOS LLC AND RDG
20. CASE NO: CEV20230006765 - Michael Cyprien Est
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
5. CELU2022000539 - Massimo Maffei
8. CENA20230005126 - ILONA DASBACH EST
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the September 1, 2023 hearing were approved by Special Magistrate Neale.
October 6, 2023
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V. MOTIONS
A. MOTION FOR CONTINUANCE
1. CASE NO: CEV20220009387
OWNER: Roseline Joseph
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, 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
Officer Cathey represented the County.
Roseline Joseph testified she is working on abating the violation but has encountered problems
with the vehicle title as the owner of the dealership where she purchased it sold the business. The
sewer connection to the vehicle has been removed as required by the County.
Officer Cathey noted there is a title issue which needs to be resolved and Ms. Joseph has been in
communication with the County on the matter.
Special Magistrate Neale CONTINUED the case until the November hearing date with any
fines ceasing to accrue.
2. CASE NO: CESD20210008280
OWNER: REALAND INVESTMENTS 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: 60080280000
PROPERTY ADDRESS: 343 Airport Road N, Naples, FL 34104
Officer Pitura represented the County.
Jason Hayes of Realand Investments, Inc. and John Antonis of Ortega Construction were
present.
Mr. Hayes testified a Demolition Permit was obtained and the work completed, however the
permit was not “closed out” as he did not realize this action was required. While awaiting the
remodeling phase, he changed contractors which caused an issue for closing out the permit as it
has expired.
Special Magistrate Neale CONTINUED the case until the December hearing date with the
fines ceasing to accrue.
Manager Letourneau WITHDREW case #15 under Item VIII.B – Motion for Imposition of
Fines and Liens.
4. CASE NO: CEPM20220001115 (this case was heard before case #3)
OWNER: ROYAL PALM VACATION RENTALS LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(11), 22-231(12)(b), 22-231(12)(o), 22-231(12)(p), 22-231(12)(c), 22-
231(12)(q) and 22-231(12)(i). Damages caused by fire consisting of but not
October 6, 2023
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limited to the garage door, interior and exterior doors, roof, ceiling and walls,
electrical system, ripped and or missing screens and broken windows.
FOLIO NO: 35758000000
PROPERTY ADDRESS: 4448 18th Ave SW, Naples, FL 34116
Officer Musse represented the County.
Michael and Nicole Olsen of Royal Palm Vacation Rentals, LLC testified they purchased the
property on January 24, 2023 and a January 18, 2023 title search did not reveal a code violation
existed on the property, nor did the prior owner disclose the issue. They are dealing with permit
issues to rebuild the property and request a Continuance in the case.
Special Magistrate Neale noted the Order for the property violation was not filed until February
13, 2023.
Manager Letourneau did not object to a Continuance.
Special Magistrate Neale CONTINUED the case until the February 2024 hearing date.
Manager Letourneau WITHDREW case #13 under Item VIII.B – Motion for Imposition of
Fines and Liens.
3. CASE NO: CESD20210009269
OWNER: Moises and Alma Y Hernandez
OFFICER: John Delia
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a), and Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit
PRROW20190625067 incomplete construction of culvert pipe.
FOLIO NO: 38782440002
PROPERTY ADDRESS: 3240 60th Ave NE, Naples, FL 34120
Officer Delia represented the County.
Mr. Hernandez testified he is working on abating the violation. The culvert pipe was reset 3
times due to elevation issues with a faulty benchmark. The concrete work for the culvert has been
completed and is awaiting asphalt for the driveway. Indications are the driveway flare also needs
to be expanded and requested a Continuance in the case.
Special Magistrate Neale CONTINUED the case until the December, 2023 hearing date.
Manager Letourneau WITHDREW case #19 under Item VIII.B – Motion for Imposition of
Fines and Liens.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEAU20210004410
OWNER: Camilo Leon and Teresa Leon
OFFICER: Sherry Patterson
VIOLATIONS: Florida Building Code, 7th Edition (2020), Chapter 1, Section 105.1, and
Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Expired fence permit PRBD20200310510 and rejected
Building Permit PRBD20210520341.
FOLIO NO: 38966560009
PROPERTY ADDRESS: 2740 50th Ave NW, Naples, FL 34113
October 6, 2023
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Officer Patterson testified the violation has not been abated amassing fines and costs in the
amount of $15,011.95.
Ms. Leon testified the permit process is ongoing with the corrections requested submitted to the
County. The property contains wetlands and even though the work does not impact these lands, a
Florida Department of Environmental Protection permit is required. They have submitted the
necessary applications and are awaiting a response.
Manager Letourneau recommended the case be Continued.
Special Magistrate Neale CONTINUED the case until the December hearing date with fines
ceasing to accrue.
Manager Letourneau WITHDREW case #1 under Item VIII.B – Motion for Imposition of
Fines and Liens.
V. MOTIONS (Continued)
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 they are working with
Jamie Cook of the Growth Management Department to resolve issues which arose during
Architectural Review of the project. He requested an Extension of Time in the case.
Officer Collier had no objection to the request.
Special Magistrate Neale GRANTED and Extension of Time until the February, 2024 hearing
date.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
2. CASE NO: CESD20230004048
OWNER: Jesus Perez and Maleidis Casanas Romero
OFFICER: Brian Owen
October 6, 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). Screened-in lanai with one wall turned
into a concrete wall. Wall has plumbing and electrical inside the wall. Permits
were never issued for utilities or construction.
FOLIO NO: 36120080000
PROPERTY ADDRESS: 2033 50th St SW, Naples, FL 34116
Officer Owen requested the hearing.
The Stipulation was entered into by Maleidis Casanas on October 6, 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 unpermitted modification to the
screened in lanai including, but not limited to installation of a wall with plumbing and
electrical inside within 120 days of this hearing or a fine of $200.00 per day will be imposed
until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the Respondent fails to abate the violation the County
may abate the violation and may use the assistance of the Collier County Sheriff’s Office to
enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.70
6. CASE NO: CESD20230000435
OWNER: Marcos Benavides Ramos and Josefina Almaraz Ramirez
OFFICER: Brian Owen
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 erected in rear
yard without proper Collier County permit. Determination concluded a permit is
needed for addition on rear of property.
FOLIO NO: 36238520009
PROPERTY ADDRESS: 5375 Hunter Blvd, Naples, FL 34116
Officer Owen requested the hearing.
The Stipulation was entered into by Marcos Benavides on October 6, 2023.
Special Magistrate Neale, 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 Permit(s), or Collier County Demolition Permit(s),
Inspections and Certificate of Occupancy/Completion for the shed and rear addition within 120
days of this hearing or a fine of $200.00 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
October 6, 2023
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7. CASE NO: CEV20230004818
OWNER: Luis Fernando Salazar Barralaga and Esly Magali Moran
OFFICER: Larry Sweet
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Re-Occurring violation, multiple unregistered vehicles at the residence.
FOLIO NO: 40351360006
PROPERTY ADDRESS: 3115 24th AVE NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 9/723
Date of Property/Courthouse Posting: 9/7/23
Officer Sweet requested the hearing.
The Stipulation was entered into by Luis Salazar on October 6, 2023.
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 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 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
VII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
11. 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). Damaged staircase in need of repair.
FOLIO NO: 389880006
PROPERTY ADDRESS: 2125 Scrub Oak Circle, Naples, FL 34112
Officer Musse represented the County noting the violation has not been abated amassing fines
and costs in the amount of $131,612.00.
Todd Allen, Attorney for Wester Shore Point Naples, LLC testified a contractor has been
engaged for the work, however locating an engineering consultant to obtain the permits has been
problematic as it is a small project. Indications are the consultant will be beginning the work
soon.
Officer Musse noted access to the staircase has been restricted and there is another entrance to
the building which provides adequate ingress/egress for the residents.
Special Magistrate Neale CONTINUED the case until the December, 2023 hearing date.
October 6, 2023
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V. STIPULATIONS
8. CASE NO: CEV20230006728
OWNER: COAST TO COAST PROPERTY INVESTMENTS LLC
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-96(a), and Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Vehicles parking on the grass and recreational vehicles being
stored in the front yard.
FOLIO NO: 61840120008
PROPERTY ADDRESS: 2919 Karen Dr, Naples, FL 34112
Officer Johnson requested the hearing.
The Stipulation was entered into by Ramia Macdonald on October 6, 2023.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount of $111.75 incurred in the prosecution of this case within
30 days of this hearing.
2. Vehicles parked on the front yard grass area to a stabilized subsurface base or plastic grid
stabilization system covered by surface areas made of concrete, crushed stone, crushed shell,
asphalt pavers or turf parking systems specifically designated for parking of automobiles not to
exceed 40% of the front yard for parking within 10 days of this hearing or a fine of $50.00 per
day will be imposed until the violation is abated.
3. Relocating recreational vehicles/equipment to an enclosed structure rear yard adjacent to a
waterway or remove offending vehicles equipment from the property within 10 days of this
hearing or a fine of $50.00 per day will be imposed until the violation is abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the Respondent fails to abate the violation the County
may abate the violation and may use the assistance of the Collier County Sheriff’s Office to
enforce the provisions of this agreement and all costs of abatement shall be assessed to the
property owner.
Total Amount Due: $111.75
9. CASE NO: CESD20230000741
OWNER: Travis James Hanrahan and Meredith Emery Hanrahan
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Building Official Clum determined a permit is required for
siding replacement in front of structure.
FOLIO NO: 54050680002
PROPERTY ADDRESS: 3915 Estero Bay Ln, Naples, FL 34112
Officer Pulse requested the hearing.
The Stipulation was entered into by Travis Hanrahan on October 6, 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 siding replacement within 90 days of
this hearing or a fine of $100.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a
final inspection to confirm abatement. If the Respondent fails to abate the violation the County
may abate the violation and may use the assistance of the Collier County Sheriff’s Office to
October 6, 2023
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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
10. CASE NO: CESD20230000230
OWNER: Alice Licker
OFFICER: Jason Packard
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). Conversion of back
porch of multifamily unit from screen to glass on all sides.
FOLIO NO: 29795002488
PROPERTY ADDRESS: 3955 Deer Crossing Ct Unit #104, Naples, FL 34114
Officer Packard requested the hearing.
The Stipulation was entered into by Alice Licker on October 6, 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 back porch conversion 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
18. CASE NO: CESD20230006611
OWNER: Catherine Floyd
OFFICER: Brian Owen
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 Shed.
FOLIO NO: 36116920006
PROPERTY ADDRESS: 2042 50th Terr. SW, Naples, FL 34116
Officer Owen requested the hearing.
The Stipulation was entered into by Alvah Devins on October 6, 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 unpermitted shed within 120 days
of this hearing or a fine of $200.00 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.
October 6, 2023
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Total Amount Due: $111.70
19. CASE NO: CEV20230005442
OWNER: Gordon L Ward
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed and/or inoperable vehicles being stored on improved Estates
zoned property.
FOLIO NO: 37342680009
PROPERTY ADDRESS: 1171 29th St SW, Naples, FL 34117
Officer Marinos requested the hearing.
The Stipulation was entered into by Gordon L. Ward on October 6, 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. Must repair and affix a current valid license plate to each vehicle in violation or store these
vehicles in a completely enclosed structure or remove these vehicles to an area intended for
such use within 60 days of this hearing or a fine of $50.00 per day will be imposed until the
violation is 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.
VII. PUBLIC HEARINGS
A. HEARINGS
5. CASE NO: CEPM20230003335
OWNER: PACIFICA LAUREL RIDGE LLC C/O PACIFICA COMPANIES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(1), 22-231(12)(c), 22-231(19) and 22-231(20). Damaged
water heater, water damaged ceiling, walls, and floor located in the laundry
room, kitchen, living room, and guest bedroom closet, chirping smoke
detectors that need battery replaced, microbial growth in the A/C vents, and
damaged soffit.
FOLIO NO: 36180080008
PROPERTY 5472 Laurel Ridge LN Unit 53, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 6/12/23
Date of Property/Courthouse Posting: 6/12/23
The Respondent was not present.
Officer Musse represented the County and testified:
The case began in May of 2023 where inspection of the premises revealed a violation
existed at the unit.
Subsequent contacts with property management indicated portions of the violation were
abated through mold remediation, installation of cabinets, etc.
Upon further investigation it was determined via the Building Official, a permit is required
for portions of the work.
October 6, 2023
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Evidence Entered: Exhibit 1 – 11: Photo dated 4/18/23.
Special Magistrate Neale, finding the Notice of Hearing was properly served found the
Respondent GUITLY of the alleged violation and ordered them 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), Inspections and Certificate of
Occupancy/Completion for the repairs to bring the property into compliance with the
Collier County Property Maintenance Code within 14 days of this hearing or a fine of
$500.00 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
21. CASE NO: CEEX20230008049-DASV23-017186
OWNER: Saimir Tushe
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large dog named “Rex” off owner’s property, fourth
offense.
FOLIO NO:
PROPERTY ADDRESS: 6025 Sea Drass LN, Naples, FL 34116
Cases #21 and #22 were combined.
22. CASE NO: CEEX20230008053-DASV23-017420
OWNER: Saimir Tushe
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large dog named “Rex” off owner’s property, fifth
offense.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass LN, Naples, FL 34116
Hope Ress and Tim Cross of Domestic Animal Services represented the County. They noted this
is the 4th and 5th occurrence of the same offense of a dog running at large which requires a
mandatory court appearance. The incidents occurred on July 4th and August 9, 2023 and an
affidavit and video was filed on the events by Carolyn Johnson.
Evidence Entered: Exhibit 1: 1st Citation issued on 2/19/23
Exhibit 2: 2nd Citation issued 2/26/23
Exhibit 3: 3rd Citation issued 3/10/23
Exhibit 4: 4th Citation issued 7/4/23
Exhibit 5: 5th Citation issued 8/9/23
Exhibit 6: Video and affidavit supplied by Carolyn Johnson
Exhibit 7: 1 photo date 10/4/23 depicting a fence on Mr. Tushe’s property
with no gate.
Mr. Tushe acknowledged it was his dog “Rex” shown on the video.
October 6, 2023
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Officer Ress recommended a fine of $350.00 - $500.00 be imposed for each violation of the
Ordinance.
Mr. Tushe reported he is working on installing a gate in the open area of the fence with the work to
be completed over the next 2 weeks.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered him to
pay a Fine of $350.00, Operational Costs of $50.00 and a $5.00 Administrative Fee for a total
amount due of $355.00 for each case. Said amount to be paid within 30 days of this hearing.
23. CASE NO: CEEX20230008045-DASV23-017003
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14- 35(1)(B). Running at large dog named “Yoyi” off owner’s property,
fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass LN, Naples, FL 34116
This case was combined with Case #25
24. CASE NO: CEEX20230008047-DASV23-017141 (this case was combined with Case #25)
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large dog named “Yoyi” off owner’s property, fifth
offense.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass LN, Naples, FL 34116
This case was combined with Case #25
25. CASE NO: CEEX20230008048-DASV23-017365
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large dog named “Yoyi” off owner’s property, sixth
offense.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass LN, Naples, FL 34116
Hope Ress and Tim Cross of Domestic Animal Services represented the County. They noted this
is the 4th, 5th and 6th occurrence of the same offense of a dog running at large which requires a
mandatory court appearance. The incidents occurred on June 5, 2023 (twice) and July 3, 2023 and
an affidavit and video was filed on the events by Carolyn Johnson.
Evidence Entered: Exhibit 1: 1st Citation issued on 2/17/23
Exhibit 2: 2nd Citation issued 2/18/23
Exhibit 3: 3rd Citation issued 4/13/23
Exhibit 4: 4th Citation issued 6/5/23
Exhibit 5: 5th Citation issued 6/5/23
Exhibit 6: 6th Citation issued on 7/3/23
Exhibit 7: Video and affidavit supplied by Carolyn Johnson
Exhibit 8: Video and affidavit supplied by Carolyn Johnson
October 6, 2023
13
Officer Ress recommended a fine of $350.00 - $500.00 be imposed for each violation of the
Ordinance.
Ms. Miguel was present and Gilbereto Anastasio acted as her translator and testified the dog
escapes through the door when she is at work and the children are home. She is willing to take the
Responsible Pet Owner’s (RPO) course.
Special Magistrate Neale noted if Ms. Miguel takes the RPO course he would waive any fines to
be imposed for the 4th infraction of the Ordinance.
Officer Ress noted she contacted Ms. Miguel and recommended a baby door gate be installed at the
residence, a sign on the inside of the door warning of the dog escaping or a fence in the yard.
Special Magistrate Neale, after considering the testimony, found the Respondent in violation of
the Ordinance and ordered her to pay a Fine of $350.00 for each case, Operational Costs of
$50.00 and a $5.00 Administrative Fee for a total amount due of $1,105.00. If Ms. Miguel
completes the Responsible Pet Owner’s Class within 30 days, the fines imposed for the 4th offense
will be waived. Said amount to be paid within 30 days of this hearing.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEPM20220009301
OWNER: BAYVIEW INN LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(12)(d) and 22-231(12)(j). Windows are screwed shut not allowing for
the windows to properly open. Windows have damaged or missing hardware
to properly open and close the windows.
FOLIO NO: 48170160007
PROPERTY ADDRESS: 2800 Bayview Dr Unit #5, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 9/8/23
Date of Property/Courthouse Posting: 9/8/23
Officer Musse represented the County testifying the violation has been abated however not in the
prescribed timeframe amassing fines and costs in the amount of $13,861.85.
Louis Benito, Bayview Inn, LLC. testified delays in availability of the windows caused the
delays in abating the violation.
Special Magistrate Neale, noting the violation has been abated GRANTED the County’s
Motion for Imposition of Fines and Liens in the amount of $361.85 ($250.00 fine and
Operational Costs of $111.70). Said amount to become lien on the property.
Recessed: 12:01pm
Reconvened: 12:46pm
18. CASE NO: CESD20220005047
October 6, 2023
14
OWNER: Gary Custard
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). Several structures added to the rear of the
main structure without first obtaining the required Collier County Building
Permits, Inspections, and a Certificate of Completion /Occupancy.
FOLIO NO: 63501800102
PROPERTY ADDRESS: 3333 Hibiscus Ave, Naples, FL 34104
Officer Pitura represented the County testifying the violation has been abated however not in the
prescribed timeframe amassing fines and costs in the amount of $16,812.00.
Mr. Custard testified the violation was abated and requested the fines associated with the case be
waived.
Special Magistrate Neale, noting the violation has been abated GRANTED the County’s
Motion for Imposition of Fines and Liens for the Operational Costs in the amount of $112.00.
Said amount to become lien on the property.
14. CASE NO: CESD20220002500
OWNER: Cynthia Minor
OFFICER: Doug Williams
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). An electrical awning installed without the required Collier
County building permit.
FOLIO NO: 50865006325
PROPERTY ADDRESS: 8 Arapaho Trail, Naples, FL 34113
Officer Williams represented the County testifying the violation has been abated however not in
the prescribed timeframe amassing fines and costs in the amount of $26,311.75.
Ms. Minor testified she was unaware in talking to the contractor and others a permit was required
for the installation of an awning. The abatement was delayed as it was difficult to locate a
licensed contractor to obtain a permit for installation of one awning.
Special Magistrate Neale, noting the violation has been abated GRANTED the County’s
Motion for Imposition of Fines and Liens for the Operational Costs in the amount of $111.75.
Said amount to become lien on the property.
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. Repeat violation.
FOLIO NO: 67491120008
PROPERTY ADDRESS: 4409 Thomasson Ln, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 9/8/23
Date of Property/Courthouse Posting: 9/20/23
Officer Pulse represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $8,623.65
October 6, 2023
15
Martin Anastasio was present and Gilberto Anastasio acted as translator. He testified the violation
has been substantially abated with only some plywood and marble remaining on the side of the
home as they were unaware it had to be removed from the site or stored properly.
Officer Pulse testified the property is in much greater condition since the previous hearing with
minor work remaining to fully abate the violation.
Special Magistrate Neale CONTINUED the case until the November hearing date with fines
ceasing to accrue.
7. CASE NO: CEPM20220008389
OWNER: 1725 W VOGEL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(1), 22-231(5), 22-231(12)(p) and 22-231(13). Minimum occupancy
standard being that the unit is only 81sq ft according to the sketches provided
on Collier Appraisers and not recommended minimum 250sq ft., stove without
burners, and damaged interior walls and ceiling.
FOLIO NO: 61483000006
PROPERTY ADDRESS: 2996 Francis Ave Unit #11, Naples, FL 34112
Officer Musse represented the County and testified the violation has not been abated amassing fines
and costs in the amount of $8,623.65.
Steve Mills represented the Respondent and testified:
The prior owner allowed someone to reside in the structure and the new owner was unaware
of the situation until he was notified by the County.
Demolition permits were obtained, and work was completed in January however, the
contractor had health issues and the permit was not finalized.
The water and power service to the building have been disconnected and the Respondent
intends to close out the permit and abate the violation.
Officer Musse confirmed there is no one residing in the building and the permit needs to be
finalized.
Special Magistrate Neale CONTINUED the case until the November, 2023 hearing date.
9. CASE NO: CEPM20230000172
OWNER: Barbra V Ahrens and Antonio De Vazquez
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(1), 22-22-231(11), 22-231(12)(c), 22-231(12)(i) and 22-
231(12)(p). Observed damages caused by fire to include, roof, soffits,
windows, exterior doors, interior walls and ceilings, windows, electrical
and plumbing system.
FOLIO NO: 40925160001
PROPERTY ADDRESS: 2821 6th Ave SE, Naples, FL 34117
Officer Musse represented the County and testified the violation has not been abated amassing fines
and costs in the amount of $9,223.45.
Antonio De Vazquez testified he was incarcerated and was unaware of the violation. Ms. Ahrens
entered into the Stipulation, however she has dementia and the terms were unreasonable. He intends
to undertake measures to abate the violation. The home is boarded to prevent unlawful entry.
October 6, 2023
16
Special Magistrate Neale CONTINUED the case until the February, 2024 hearing date.
VII. PUBLIC HEARINGS
A. HEARINGS
4. CASE NO: CENA20230003919
OWNER: S & O LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179, 54-180 and 54-181, and Collier, County Land Development Code 04-
41, as amended, Section2.02.03. Litter/prohibited outside storage including,
but not limited to, cardboard, blanket, cans, and bags.
FOLIO NO: 35832160002
PROPERTY ADDRESS: 1790 40th Ter SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 9/7/23
Date of Property/Courthouse Posting: 9/20/23
The Respondent was not present.
Officer Cathey requested the hearing.
Evidence Entered: Composite Exhibit 1: 2 photos dated 5/4/23
Manager Letourneau reported the property has been subject to previous issues.
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. 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.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
16. CASE NO: CEVR20230000832
OWNER: Edison Village Property Owners Association Inc and Regions Corp Real Estate
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
3.05.07(H)(1)(g)(ii). Area designated as Preserve area for Edison Village PUD
contains prohibited exotic plant species, included but not limited to Earleaf
Acacia and Brazilian Pepper.
FOLIO NO: 30806000025 – 30806000041 - 30806000067
PROPERTY ADDRESS: NW corner of Sierra Meadows Blvd and Lely Cultural Parkway,
Naples, FL
Date of Hearing Notice by Certified Mail: 9/22/23
Date of Property/Courthouse Posting: 9/22/23
The Respondent was not present.
October 6, 2023
17
Officer Cathey represented the County and testified the case is the result of a community
complaint and an environmental determination confirmed the violation. There has been no
contact from the property owner following notification of the violation.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2: Aerial photo of the property
Exhibit 3 – 8: photo date 6/30/23
Exhibit 9 – 14: photo dated 10/5/23
Exhibit 10: Environmental Determination, Jamie Cook, Collier County
Growth Management Department
Exhibit 11: Edison Village PUD Preserve Management Plan
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. Hand remove all Collier County prohibited exotic vegetation that exists within the preserve
conservation tract within 30 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
17. CASE NO: CEPM20230002934
OWNER: West Shore Belvedere LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(1), 22-231(12)(i), 22-231(12)(p) and 22-231(19). Water
damage to the ceiling, drywall, floorboards, cabinets located in the laundry
room, water heater closet, kitchen and guest bathroom as noted on Lovell
Indoor Environmental report. Elevated presence of mold on the A/C vents,
guest bathroom tub, kitchen, and water heater closet as noted on Lovell Indoor
Environmental report. Damage to the plumbing causing water intrusion in the
laundry room and leak in the kitchen sink. Water intrusion on the living
room window that is not weather tight as noted on Lovell Indoor
Environmental report.
FOLIO NO: 23908500346
PROPERTY ADDRESS: 200 Quail Forest Blvd, Unit 117, Naples, FL 34105
Date of Hearing Notice by Certified Mail: 9/22/23
Date of Property/Courthouse Posting: 9/25/23
The Respondent was not present.
Officer Musse represented the County testifying some remediation has occurred, however some
of the work required a permit which was not obtained by the Respondent. No one is residing in
the unit and the mold remediation has been completed.
Evidence Entered: Exhibit 1 - 11: photo dated 4/5/23
Exhibit 12 - 30: photo dated 6/20/23
October 6, 2023
18
Exhibit 31: Building Official Determination
Exhibit 32: Edison Village Preserve Management Plan
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 $111.80 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or County Demolition permit(s),
Inspections and Certificate of Completion/Occupancy for installation of the drywall and
vanity to bring the property in compliance within 60 days of this hearing or a fine of
$250.00 will be imposed for each day the 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
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: $111.80
VII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEPM20230001616
OWNER: PACIFICA LAUREL RIDGE LLC C/O 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, FL34116
Date of Hearing N.otice by Certified Mail: 9/8/23
Date of Property/Courthouse Posting: 9/11/23
The Respondent was not present.
Officer Musse testified the violation has been abated but not in the prescribed timeframe.
Special Magistrate Order: No. 6261 Page: 1606
Fine Amount: $500.00/day
Duration: 68 days)
Total Fine Amount: $34,000.00
Unpaid Operational Costs: $223.50
Total to Date: $34,223.50
Special Magistrate Neale noted the Respondent evenually abated the violation.
Special Magistrate Neale, finding the Notice of Hearing was properly served, GRANTED the
County’s Motion for Imposition of Fines and Liens for a total amount due of $20,223.50
($20,000.00 in fines and $223.50 in Operational Costs). Said amount to become a lien on the
property.
October 6, 2023
19
6. CASE NO: CEPM20220004129
OWNER: S & O LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-236. Dangerous structure as determined by the Building Official.
FOLIO NO: 35832160002
PROPERTY ADDRESS: 1790 40th Ter SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 9/8/23
Date of Property/Courthouse Posting: 9/20/23
The Respondent was not present.
Officer Cathey testified the violation has not been abated and there has been no communication
from the Respondent. There is an open permit with no inspections which expires in November.
Some work was done to stabilize the roof area.
Special Magistrate Order: No. 6175 Page: 2580
Fine Amount: $250.00/day
Duration: 402 days
Total Fine Amount: $100,500.00
Unpaid Operational Costs: $112.10
Total to Date: $100,612.10
Special Magistrate Neale, finding the Notice of Hearing was properly served, GRANTED the
County’s Motion for Imposition of Fines and Liens for a total amount due of $100,612.10
($100,500.00 in fines and $112.10 in Operational Costs). Said amount to become a lien on the
property.
12. CASE NO: CESD20220004635
OWNER: Hubert M Parra Guerrero and Judith Susvila Santana
OFFICER: Doug Williams
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). Screen enclosures and exterior
lighting installed without building permits.
FOLIO NO: 62207200007
PROPERTY ADDRESS: 5477 Carlton Street, Naples, FL 34113
Officer Williams represented the County and testified the violation has not been abated amassing
fines and costs in the amount of $15,411.85. He noted a permit has been on file since July and is
awaiting zoning review.
Manager Letourneau WITHDREW the case to determine the status of the application with the
Zoning Department.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
1. CASE NO: CESD20220010038
OWNER: Marc Dornevil and Etilia Dornevil
OFFICER: Latoya Cooper
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 #
October 6, 2023
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 PI SW, Naples, FL 34116
Manager Letourneau testified the County is requesting to Rescind the Previously Issued Order due
to issues with the testimony when the hearing was conducted in front of the Special Magistrate.
Special Magistrate Neale GRANTED the County's Motion to Rescind a Previously Issued Order.
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 —NOVEMBER 3, 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 2:21PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
-/
Patrick H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on 2-,v`' , as presented ,
or as amended
20