CESM Minutes 12/01/2023 December 1, 2023
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, December 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
December 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 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: 9:15am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item V. – Motions, Motions for Continuance of Imposition of Fines and Liens, the following
cases were withdrawn:
1. CASE NO: CESD20210008280 - REALAND INVESTMENTS INC
2. CASE NO: CESD20210007669 - REALAND INVESTMENTS INC
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
7. CASE NO: CEVR20220007489 - TITUS ENTERPRISES LLC
Under Item VII.A– Hearings, the following cases were withdrawn:
3. CEPM20230007308 – Bienvenido Miranda
5. CEPM20230004854 Mariano Misael Lemus Pena
8. CENA20230007098 – Michael K Sanford
Under VIII.B – Motion for Imposition of Fines, the following case was added:
21. CESD20220009834 – R & M Real Estate Corp.
Under VIII.B – Motion for Imposition of Fines, the following cases were withdrawn:
7. CASE NO: CENA20230000258 - Lucy B Soto
8. CEV20230004818 – Luis Fernando Salazar Barralaga and Esly Magali Moran
9. CASE NO: CEROW20210000627 - Kanokwan C Thamnasen
10. CASE NO: CEVR20210000625 - Kanokwan C Thamnasen
13. CEPM20220004164 – West Shore Point Naples, LLC
17. CESD20210006137 – Alicia Baltazar
18. CASE NO: CESD20210008280 - Realand Investments Inc
19. CASE NO: CESD20210007669 - Realand Investments Inc
20. CESD20220004635 – Hubert M Parra Guerrero and Judith Susvila Santana
Special Magistrate Neale approved the Agenda as modified.
December 1, 2023
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IV. APPROVAL OF MINUTES
The minutes of the November 3, 2023 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
VI. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
21. CASE NO:
OWNER: R & M Real Estate Company Inc
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04 41, as amended Sections
1002. 06(B)(1)(a), 10.02.06(B)(1) (e) and 10.02.06(B)(1)(e) (i). Unpermitted
renovations not limited to installation of a wet bar, installation of a new
storage/clothes closets, and installation of air conditioning units with the
following rooms West building #131,132,133,134,135,136, 137, 138, 140,
142, 143 144, 145, 149, 229, 231, 232, 233, 234, 235, 238, 239, 242, 243, 244,
245, 247, 249, 329, 331, 332, 333, 334, 335, 337, 338, 339, 342, 343, 344,
345, 347, 349, 429, 437, 432, 433, 435, 436, 438, 439, 442, 443, 445, 448, and
449 East building 201, 202, 203, 204, 205, 206, 207, 208, 209, 211, 214, 216,
218, 219, 220, 221, 224, 226, 227, 301, 303, 305, 306, 307, 309, 311, 314,
315, 317, 318, 319, 320, 322, 321, 323, 325, 405, 406, 407, 408, 414, 415,
417, 421, 420 , 422, and 423, 2 - story free standing building 151, 153, 155,
157, 159, 161, 251, 253, 255, 257, 259 and 261 Including all storage rooms
and or mechanical rooms, or any other feature of the buildings that underwent
modifications to accommodate the unpermitted renovations not limited to
plumbing and electrical.
FOLIO: 35640120001
PROPERTY ADDRESS: 4100 Golden Gate Pkwy Naples, FL 34116
Officer Holmes represented the County.
Rich Yovanovich, Attorney and Bryan Hyland, represented the Respondent.
Mr. Yovanovich testified the property is changing ownership and the violation has been abated
by obtaining the necessary demolition permits and access to the area restricted by a fence. The
site is proposed for affordable housing and there are no occupants in the building. He requested
fines and fees of $85,409.42 be imposed for the violation.
Officer Holmes represented the County testifying the violation was abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6210 Page: 1419
Fine Amount: $1,000.00/day
Duration: 110 days
Total Fine Amount: $110,000.00
Unpaid Operational Costs: $223.75
Total to Date: $110,223.75
Director Iandimarino had no objection to Mr. Yovanovich’s request.
December 1, 2023
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Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $85,409.42. Said amount to be paid within 14 days and to become a
lien on the property.
11. CASE NO: CELU20220000539
OWNER: Massimo Maffei
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. Illegal storage of commercial materials and
equipment not associated with an approved use on an Estates zoned property.
FOLIO NO: 38336640009
PROPERTY ADDRESS: 5960 Green Blvd, Naples, FL 34116
Officer Marinos represented the County noting the violation has not been abated amassing fines
and costs in the amount of $96,362.10.
Fitzgerald Frater, Attorney and Phyllis Maffei represented the Respondent.
Mr. Frater testified:
The Respondent had hoped the violation would be abated by today, however availability of
employees with the proper licenses to transfer the materials off site did not appear as
scheduled.
The materials are organized and ready for removal, the property is in neat condition and no
harm has been caused to any persons or property due to the violation.
He left the matter to the discretion of the Special Magistrate.
Manager Letourneau noted the violation has been ongoing for 22 months and if a continuance is
granted, it be the final one for the case.
Special Magistrate Neale CONTINUED the case until the January 5, 2024 hearing date noting
this is the final Continuance to be granted to the Respondent for this case and the fines continue
to accrue.
V. MOTIONS
B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE
1. CASE NO: CESD20230003555
OWNER: Kenneth R Jordan and Mary Lee Jordan
OFFICER: Delicia Pulse
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
shed in the rear yard.
FOLIO NO: 49480960006
PROPERTY ADDRESS: 4002 Dale Ave, Naples, FL 34112
Officer Pulse represented the County.
Kenneth R. and Mary Lee Jordan testified they were granted 120 days to abate the violation,
however permits were required which took 90 days to be issued. The permit was issued on October 1,
2023 and he requested an additional 120 days to abate the violation which requires reconstruction of
the structure as a tree fell on it.
Manager Letourneau had no objection to the request.
December 1, 2023
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Special Magistrate Neale CONTINUED the case to the April 2024 hearing date.
VI. STIPULATIONS
7. CASE NO: CEVR20220007489
OWNER: TITUS ENTERPRISES LLC
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B).
Clearing of vegetation prior to obtaining a Vegetation Removal Permit.
FOLIO NO: 335800001
PROPERTY ADDRESS: 2185 Markley Ave, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 11/9/23
Date of Property/Courthouse Posting: 11/16/23
Officer Marinos represented the County.
The Stipulation was entered into by the Respondent’s representative Sasha Michael on December 1,
2023.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County approved mitigation plans building vegetation removal
permits, Inspections and Certificates of Completion/Occupancy to either keep the unpermitted
improvement to the property as is, or to restore the property to its originally permitted
condition within 180 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: $111.65
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20230009311-CO-03267
OWNER: Jorge Manuel Diaz
OFFICER: Justin Baxter
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section
54-94. Use of bullhorn in violation of County Ordinance.
FOLIO NO:
PROPERTY ADDRESS: Santa Barbara Blvd and Golden Gate Pkwy, Naples, FL 34116
Corporal Baxter represented the County noting:
He was on patrol when he observed 3 individuals at the intersection of Golden Gate
Parkway and Santa Barbara Blvd. utilizing an amplified device to broadcast messages.
He engaged the party and Mr. Diaz continued to conduct the activity without a permit and
accordingly, the Citation was issued.
Jorge Manuel Diaz testified he is a street preacher and attempted to obtain a permit under
Ordinance 54-94 but was notified by the County it did not apply to his activity. He has a first
amendment right to broadcast the messages.
December 1, 2023
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Special Magistrate Neale noted this forum is for determinations on whether there was a violation
of a County Ordinance, not the constitutionality of the Ordinance.
Special Magistrate Neale UPHELD issuance of the Citation and ordered the Respondent to pay
a $100.00 fine and $5.00 Administrative Fee for a total amount due of $105.00 within 30 days.
4. CASE NO: CESD20230004157
OWNER: Denise Brudzinski
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Dock was added to property in 1995 without a building
permit.
FOLIO NO: 49530640001
PROPERTY ADDRESS: 10 Creek Circle, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 11/9/23
Date of Property/Courthouse Posting: 11/9/23
Officer Joseph represented the County testifying the violation was the result of a complaint filed
with the County regarding a dock. Investigation revealed no permit was issued for the structure
and the owner was notified of the violation.
Evidence Entered: Exhibit 1: Property Appraiser data
Exhibit 2 – 5: Aerial photos for years 2023, 1989,1996
Exhibit 6 – 8: Photos date 8/1/23
Exhibit 9: Permit #95-779 for the mobile home
Denise Brudzinski testified:
She is the second owner of the property which she purchased in 2013.
The dock was constructed in 1995 when the original mobile home was built and according
to the previous owner the dock was incorporated into the permit at that time.
When she purchased the property there were no liens filed by the County or Code violations
and the dock is depicted as being built in 1995 by the County appraiser.
Dealing with the issue is a financial hardship caused by a private citizen who tours the
County looking for violations.
She queried why there’s a County grandfathering policy for structures constructed before
1990.
Manager Letourneau noted the grandfathering policy was instituted because of problems with
County records prior to 1990 after which, a new permit tracking system was initiated. They
received approximately 130 dock complaints from the individual and even though the County
Appraisers information identifies the dock in 1995, no permit could be located.
Special Magistrate Neale CONTINUED the case until the February 2024 hearing date and
requested County Staff to work with Ms. Brudzinski to determine the easiest solution to the
issue.
6. CASE NO: CEPM20230006244
OWNER: Eugene M Lamento
OFFICER: Jonathan Musse
December 1, 2023
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1) and 22-236. Fire damaged property that was declared by
the Building Official to be a dangerous building.
FOLIO NO: 70470760007
PROPERTY ADDRESS: 104 Fleur De Lis Ln, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 11/8/23
Date of Property/Courthouse Posting: 11/9/23
Officer Musse testified the building has been declared a Dangerous Building due to fire damage.
The fire occurred on July 4, 2023 and Mr. Lamento recently received the insurance settlement for
the claim.
Evidence Entered: Exhibit 1 - 22: Photos dated 4/17/23
Exhibit 23: Building Official Determination
Exhibit 24: 1 photo dated 11/9/23
Eugene M. Lamento testified:
The fire occurred while he was home on the evening of July 4, 2023.
Individuals were launching fireworks in the area, and one hit the garage which caused the
fire and he has been living in a motel since the incident.
Permits are required to abate the violation with most of the damage occurring in the garage
and roof.
He has engaged the necessary consultants to obtain the permits.
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 approved mitigation plans, building vegetation removal
permits, Inspections and Certificates of Completion to bring the property into compliance
with the requirements of the Collier County Property Maintenance Code by the November
2024 hearing date 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
Recessed: 11:10am
Reconvened: 11:25am
9. CASE NO: CEEX20230010044-DASV23-018313
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). At large on public/private property, 8th Offense, “Yoyi”.
December 1, 2023
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FOLIO NO:
PROPERTY ADDRESS: 5910 Sea Grass Ln, Naples, FL 34116
Cases 9 and 10 were combined.
10. CASE NO: CEEX20230010041-DASV23-018219
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). At large public/private property 7th Offense “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 5930 Sea Grass Ln, Naples, FL 34116
Fabiola Miguel was present.
Litzi Miguel acted as translator.
Officer Hess and Timoth Crotts, Contractor Licensing Manager testified the cases involve
the 7th and 8th offense for a dog running at large.
Evidence Entered: Exhibit 1: 7th Citation issued for 10/21/23 incident
Exhibit 2: 8th Citation issued for 11/1/23 incident
Exhibit 3: Affidavit of Karilyn Johnson for 11/1/23 incident
Exhibit 4: Map of neighborhood
Exhibit 5: Video of incident dated 11/1/23
Exhibit 6: Affidavit of Karilyn Johnson for 10/21/23 incident
Exhibit 7: Video of incident dated 10/21/23
Ms. Miguel testified the dog escapes when the door is opened, and the dog will not respond to
commands to stay.
Manager Crotts suggested 2 options for the case, the dog be surrendered to Domestic Animal
Services, or it be rehomed to a secure location.
Ms. Miguel noted the dog would be rehomed.
Manager Crotts recommended a fine of $550.00 be imposed for each violation of the Ordinance.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $550.00 for each case, Operational Costs of $50.00 and a $7.00
Administrative Fee for a total amount due of $1,114.00 payable within 30 days.
11. CASE NO: CEEX20230010038-DASV23-018293
OWNER: Laura Baker
OFFICER: Manuel Ramirez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). At large on public/private property, 6th offense “Simba.”
FOLIO NO:
PROPERTY ADDRESS: 14960 Collier Blvd, Naples, FL 34119
Date of Hearing Notice by Certified Mail: 11/9/23
The Respondent was not present.
Officer Ramirez and Timoth Crotts, Contractor Licensing Manager testified the case involves
the 6th offense of Ms. Baker’s dog running at large.
Evidence Entered: Exhibit 1: 1st Citation issued on 5/11/22
December 1, 2023
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Exhibit 2: 2nd Citation issued 5/19/22
Exhibit 3: 3rd Citation issued 5/31/22
Exhibit 4: 4th Citation issued 9/7/22
Exhibit 5: 5th Citation issued 7/28/23
Exhibit 6: 6th Citation issued 10/31/23
Exhibit 7: Affidavit of Richard Waite
Exhibit 8 – 9: Photo
Exhibit 10: Aerial photo of the neighborhood
Richard Waite testified he has witnessed the dog on his property running loose, a reoccurring
event. Video of the violation captured by Mr. Waite was viewed by the Special Magistrate
Manager Crotts recommended a fine of $550.00 be imposed for the violation of the Ordinance.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a
total amount due of $557.00 payable within 30 days.
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: CEAU20210004410
OWNER: Camilo Leon and Teresa Leon
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a), and Florida Building Code 7th Edition (2020), Chapter 1,
Section 105.1. Expired fence permit PRBD20200310510 and rejected
Building Permit PRBD20210520341.
FOLIO NO: 38966560009
PROPERTY ADDRESS: 2740 50th Ave NW, Naples, FL 34113
Officer Patterson represented the County.
Teresa Leon testified:
They are in the permit process with all County issues resolved, however they are awaiting a
wetlands determination by the Department of Environmental Conservation on the matter.
The shed is not in a wetland area, however an inspection is required by the Agency for
confirmation with no timetable for the activity.
She requested a 6 month continuance in the case.
Special Magistrate Neale CONTINUED the case until the June 2024 hearing date with the fines
ceasing to accrue.
5. CASE NO: CEPM20220005683
OWNER: Donna Juliette Anne Hall
OFFICER: Doug Williams
December 1, 2023
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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 constitute a violation of the aforementioned ordinances.
FOLIO NO: 22625000007
PROPERTY ADDRESS: 4608 Dominion Drive, Naples, FL 34112
Officer Williams represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $27,311.90.
George Barber, Power of Attorney, represented Ms. Hall who was not present. He testified
Ms. Hall has health issues and he has engaged a contractor to assist with the abatement and
permit applications were filed with the County yesterday.
Special Magistrate Neale CONTINUED the case until the January 5, 2024 hearing date with the
fines continuing to accrue.
6. CASE NO: CESD20230003906
OWNER: DOCKSIDE OF NAPLES CONDO ASSOC
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, 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 represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6306 Page: 2075
Fine Amount: $100.00/day
Duration: 14 days
Total Fine Amount: $1,400.00
Unpaid Operational Costs: $111.90
Total to Date: $1,511.90
Carlos Fernandez, Property Manager represented the Respondent and testified the violation was
abated and requested the fines to be imposed be reduced.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $811.90 ($700.00 fine and $111.90 in Operational Costs. Said amount to become
a lien on the property.
12. 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
Officer Holmes represented the County.
Janak Patel of Akshar of SW Florida Investment, LLC testified he purchased the property in
June and was not aware of the violation which did not surface during the title search. He is in the
December 1, 2023
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process of obtaining the necessary permits to abate the violation. He requested a 4 month
continuance in the case.
Officer Musse had no objection to the request.
Special Magistrate Neale CONTINUED the case until the April 2024 hearing date with fines
ceasing to accrue.
15. 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). A violation of
the minimum occupancy standard in that the unit is only 81 sq ft according to
the sketches provided on Collier Appraiser’s website and not the
recommended minimum of 250 sq ft. the unit contains a stove without burners
and has damaged interior walls and ceiling.
FOLIO NO: 61483000006
PROPERTY ADDRESS: 2996 Francis Ave, Unit #11, Naples, FL 34112
Officer Musse represented the County.
Robert Mills represented the Respondent and testified the violation is almost abated as they are
awaiting final inspections.
Officer Musse noted inspections have been completed with one remaining.
Manager Letourneau WITHDREW the case.
16. CASE NO: CESD20200000453
OWNER: Carlos Gonzalez and Barbara Reyes
OFFICER: Cristina Perez
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
Supervisor Perez represented the County.
Barbara Reyes was present.
Elba Marin acted as translator.
Ms. Reyes testified there have been financial issues which hinders abatement of the violation
however she has engaged a contractor and paid a deposit of $3,775 and anticipates the work will
begin soon.
Special Magistrate Neale CONTINUED the case to the February 2024 hearing date with the
fines ceasing to accrue.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
2. CASE NO: CEA20230004943
OWNER: Abdallah Masoud Mustafa
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07.
An improved Estates zoned property with hooved animals on site exceeding
December 1, 2023
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the amount allowable set forth by the Collier County Land Development
Code.
FOLIO NO: 45846280007
PROPERTY ADDRESS: 1270 13th St SW, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 11/8/23
Date of Property/Courthouse Posting: 11/8/23
The Respondent was not present.
Officer Marinos represented the County noting the violation was abated on July 10, 2023. The
case involved a June 6, 2023 site visit which identified a re-occurring violation. He requested a
Finding of Fact there was a violation at the time the notice was issued to the Respondent.
Evidence Entered: Exhibit 1 – 4: Photos dated 6/6/23
Exhibit 5: 1 photo dated 11/30/23
Special Magistrate Neale after finding the Notice of Hearing was properly served, found the
Respondent was GUILTY of the violation when the Notice of Violation was issued on June 6,
2023 for keeping of animals in excess of the two (2) allowed by the property’s acreage.
12. CASE NO: CEEX20230010039-DASV23-017858
OWNER: Juliza Martinez
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide current County license for “Ace”, fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Cases 12 and 13 were combined.
13. CASE NO: CEEX20230010089-DASV23-017859
OWNER: Juliza Martinez
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide current rabies vaccination certificate for “Ace”
fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 11/15/23
The Respondent was not present.
Officer Fajardo and Timoth Crotts, Contractor Licensing Manager testified Citation arose
during an investigation of a dog bite incident.
Evidence Entered: Exhibit 1: 1st Citation issued on 3/19/22 – Failure to License
Exhibit 2: 2nd Citation issued 7/26/22 “
Exhibit 3: 3rd Citation issued 2/23/23 “
Exhibit 4: 4th Citation issued 9/26/23 “
Exhibit 5: 1st Citation issued 3/19/22 – Failure to provide rabies cert.
Exhibit 6: 2nd photo dated 7/26/22 “
Exhibit 7: 3rd Citation issued 2/23/23 “
December 1, 2023
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Exhibit 8: 4th Citation issued 9/26/23 “
Manager Crotts recommended a fine of $550.00 be imposed for violation of the Ordinance.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a
total amount due of $557.00 payable within 30 days.
14. CASE NO: CEEX20230010090-DASV23-017860
OWNER: Juliza Martinez
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide current County license for “Dutchess” fourth
offense.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Cases 14 and 15 were combined.
15. CASE NO: CEEX20230010093-DASV23-017861
OWNER: Juliza Martinez
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide current rabies vaccination certificate for
“Dutchess” Fourth offense.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 11/15/23
The Respondent was not present.
Officer Fajardo and Timoth Crotts, Contractor Licensing Manager testified Citation arose
during an investigation of a dog bite incident.
Evidence Entered: Exhibit 1: 1st Citation issued on 3/19/22 – Failure to License
Exhibit 2: 2nd Citation issued 7/26/22 “
Exhibit 3: 3rd Citation issued 2/23/23 “
Exhibit 4: 4th Citation issued 9/26/23 “
Exhibit 5: 1st Citation issued 3/19/22 – Failure to provide rabies cert.
Exhibit 6: 2nd photo dated 7/26/22 “
Exhibit 7: 3rd Citation issued 2/23/23 “
Exhibit 8: 4th Citation issued 9/26/23 “
Manager Crotts recommended a fine of $550.00 be imposed for the violation of the Ordinance.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a
total amount due of $557.00 payable within 30 days.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CENA20230001555
December 1, 2023
14
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 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. This is a repeat violation.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 11/14/23
Date of Property/Courthouse Posting: 11/15/23
The Respondent was not present.
Officer Joseph represented the County testifying the violation has not been abated. Deborah
Smith notified him this morning she would not be able to attend the hearing due to transportation
issues.
Special Magistrate Order: No. 6274 Page: 1501
Fine Amount: $100.00/day
Duration: 112 days
Total Fine Amount: $11,200.00
Civil Penalty: $250.00
Unpaid Operational Costs: $223.60
Total to Date: $11,673.60
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $11,673.60. Said amount to become a lien on the property.
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 unlicensed and inoperable vehicles are being stored
on the property. Code case CENA20180006121 was adjudicated by the
Special Magistrate on August 3, 2018.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Naples, FL 34137
The Respondent was not present.
Officer Joseph represented the County.
Date of Hearing Notice by Certified Mail: 11/14/23
Date of Property/Courthouse Posting: 11/15/23
The Respondent was not present.
Officer Joseph represented the County testifying the violation has not been abated. Deborah
Smith notified him this morning she would not be able to attend the hearing due to transportation
issues.
Special Magistrate Order: No. 6274 Page: 1507
Fine Amount: $100.00/day
Duration: 112 days
December 1, 2023
15
Total Fine Amount: $11,200.00
Unpaid Operational Costs: $223.55
Total to Date: $11,673.60
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $11,423.55. Said amount to become a lien on the property and the
fines continuing to accrue.
4. 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
Date of Hearing Notice by Certified Mail: 11/8/23
Date of Property/Courthouse Posting: 11/8/23
The Respondent was not represented.
Officer Packard represented the County testifying the violation was abated by a County vendor.
Special Magistrate Order: No. 6274 Page: 1504
Fine Amount: $250.00/day
Duration: 40 days
Total Fine Amount: $10,000.00
County Abatement Costs: $250.00
Unpaid Operational Costs: $223.55
Total to Date: $10,473.55
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $10,473.55. Said amount to become a lien on the property and the
fines continuing to accrue.
14. 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, Section 2.02.03. Litter/Prohibited outside storage
including, but not limited to, cardboard, blanket, cans, and bags.
FOLIO NO: 35832160002
PROPERTY ADDRESS: 1790 40th Terr SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 11/8/23
Date of Property/Courthouse Posting: 11/15/23
The Respondent was not present.
Officer Cathey represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6300 Page: 3787
December 1, 2023
16
Fine Amount: $250.00/day
Duration: 49 days
Total Fine Amount: $12,250.00
Unpaid Operational Costs: $223.45
Total to Date: $12,473.55
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $12,473.55. Said amount to become a lien on the property and the
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.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
IX. REPORTS
None
XII. NEXT MEETING DATE – January 5, 2024 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 1:20 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
________________________________
December 1, 2023
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:20 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patri� eale, Special Magistrate
The Minutes were approv,d by the Special Magistrate on , as presented
, or as amended v
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