CESM Minutes 11/03/2023 November 3, 2023
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, November 3, 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
November 3, 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: 9:10 a.m.
Reconvened: 9:25 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:
8. CEPM20230002896 - A & T INVESTMENT LLC
10. CESD20220007518 - Harry Seaman III and Loren B Seaman
13. CENA20230003093 - Philip R Carr
15. CEV20230007663 - Miguel Alvarino and Estrella Alvarino
Under Item VII.A– Hearings, the following cases were withdrawn:
2. CESD20230003643 – Kimberly J Hall or Christopher K Hall
3. CEPM20230000379 – George A Gamouras
4. CENA20230002047 - Evelyn Amador
5. CEVR20230001141- Bridgewater Bay Property Owner’s Association Inc
7. CENA20230006977 - Elie-Franck Pierre and Elta Pierre
9. CENA20230006937 – Thomas A Eliopoulos
11. CEVR20220007489 – Titus Enterprises LLC
12. CEPM20220010797 - Brittany Bay Apts I LLC and Spira Brittany Bay I LP
16. CESD20230007438 – Marc Dona Cadet and Kerlande Edouard Cadet
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
8. CESD20220004635 - Hubert M Parra Guerrero and Judith Susvila Santana
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the October 6, 2023, hearing were approved by Special Magistrate Neale.
V. MOTIONS
November 3, 2023
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A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME FOR COMPLIANCE DEADLINE
1. CASE NO: CEROW20220001483
OWNER: WEJ JR LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Unpermitted fencing and electric
powered/gate installed within Collier County Right of-Way (within drainage
swale) and over Hickory Wood Drive blocking access to Hickory Wood Drive
section on the Western side of Logan Blvd N.
FOLIO NO: 41820480005
PROPERTY ADDRESS: 5405 Hickory Wood Dr, Naples, FL 34119
William E. Jones, Jr. was present represented by his attorney Zachary Lombardo.
Officer Holmes represented the County.
Mr. Lombardo reported they are working with the County on a Right-of-Way exchange and a
draft agreement has been prepared for the transfers. He requested a 120 day Extension of Time
to finalize the agreements and obtain the necessary permits for the previous gate installation.
Officer Holmes had no objection to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time for a period of 120
days.
2. CASE NO: CESD20220003605
OWNER: Joshua Erickson and Elizabeth Erickson
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Dock has been
extended without first obtaining a Collier County Building permit.
FOLIO NO: 46273080002
PROPERTY ADDRESS: 237 Harbor Pl N, Goodland, FL 34140
Joshua Erickson was not present but filed the request in writing.
Officer Joseph represented the County and reported the permit for construction of a home on the
property was issued and work initiated. The home is required to undertake the measures
necessary to abate the violation.
Special Magistrate Neale GRANTED the Motion for an Extension of Time for a period of 180
days.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
8. CASE NO: CEPM20230002896
OWNER: A & T INVESTMENT LLC
OFFICER: Jonathan Musse
November 3, 2023
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1) and 22-240(1)(l). Inoperable parking lot lights.
FOLIO NO: 1067084000
PROPERTY ADDRESS: 25000 Tamiami Trail E, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 10/13/23
Date of Property/Courthouse Posting: 10/12/23
Officer Musse requested the hearing.
The Stipulation was entered into by Thomas Nguyen on November 3, 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), Inspections and Certificate of
Completion for all repairs needed to bring the inoperable parking lot lights into compliance
with Collier County Property Maintenance Code within 90 days of this hearing or a fine of
$250.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
10. CASE NO: CESD20220007518
OWNER: Harry Seaman III and Loren B Seaman
OFFICER: Donald Joseph
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). Built a chickee hut on top of a dock
without a required Collier County Permit.
FOLIO NO: 1057280005
PROPERTY ADDRESS: 307 Pettit Dr, Goodland, FL 34140
Date of Hearing Notice by Certified Mail: 10/13/23
Date of Property/Courthouse Posting: 10/12/23
Officer Joseph requested the hearing.
The Stipulation was entered into by Harry Seaman on November 2, 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 Completion/Occupancy for the chickee hut 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
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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
13. CASE NO: CENA20230003093
OWNER: Philip R Carr
OFFICER: Adam Collier
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, Sections 1.04.01(A) and 2.02.03. Outside storage and/or litter on
industrial zoned property without the proper county approvals or site development
plan.
FOLIO NO: 246320007
PROPERTY ADDRESS: 1900 J and C Blvd, Naples, FL 34108
Laura Lou Roth Carr represented Mr. Carr
Officer Collier requested the hearing.
The Stipulation was entered into by Laura Lou Roth Carr on November 3, 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. 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 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: $111.75
15. CASE NO: CEV20230007663
OWNER: Miguel Alvarino and Estrella Alvarino
OFFICER: Charles Marinos
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. An improved estates zoned property with multiple
unlicensed and inoperable vehicles parked on site belonging to both legal
residents of the property and other individuals not residing legally on the
property.
FOLIO NO: 45843400000
PROPERTY ADDRESS: 1510 15th St SW, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 10/13/23
Date of Property/Courthouse Posting: 10/12/23
Officer Marinos requested the hearing.
The Stipulation was entered into by Miguel and Estrella Alvarino on November 2, 2023.
November 3, 2023
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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. Cease the prohibited storage of vehicles not registered to legal occupants of this property by
either storing them in a completely enclosed structure or removing them to a property intended
for such use within 14 days of this hearing or a fine of $50.00 per day will be imposed until the
violation is abated.
3. Repairing and affixing a valid license plate to each vehicle(s)/trailer(s) in violation not stored
within the confines of a completely enclosed structure or store said vehicle(s)/trailer(s) within
a completely in enclosed structure or remove offending vehicle(s)/trailer(s) to a site intended
for such use within 14 days of this hearing or a fine of $50.00 will be imposed for each day the
violation remains.
4. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CENA20220007185
OWNER: NEREIDA MACIAS REV LIV TRUST
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article III,
Sections 54-67, 54-69 and 54-70. Water pollutants is being discharged from
the property into the Stormwater Management system.
FOLIO NO: 00241520006
PROPERTY ADDRESS: 5615 Taylor Rd, Naples, FL 34109
Officer Collier represented the County testifying the violation has not been abated amassing fines
and costs to date in the amount of $91,611.75.
Filiberto Macias represented the Respondent and testified substantial progress has been made and
requested a Continuance until February to finishing abating the violation.
Officer Marinos did not object to the request.
Special Magistrate Neale CONTINUED the case until the February 2, 2024 hearing.
9. 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
Officer Marinos represented the County testifying the violation has not been abated amassing
fines and costs to date in the amount of $89,361,95.
November 3, 2023
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Phyllis Maffei was present.
Fitzgerald Frater, Attorney for Ms. Maffei reported the violation is in the process of being
abated and the work should be completed in one week. As a long term solution, a permit is being
sought to construct a shed at the rear of the property to store items. He anticipates construction of
the building by April/May of 2024.
Officer Marinos noted there were numerous pieces of business equipment on site such as 20
scissor lifts which had to be relocated.
Mr. Frater noted there is scaffolding remaining on site but is not in a highly visible area which
will be removed. The Respondent has worked hard to address the violation.
Special Magistrate Neale CONTINUED the case until the December hearing date with fines
continuing to accrue.
VII. PUBLIC HEARINGS
A. HEARINGS
6. CASE NO: CEPM20230005579
OWNER: Terry A Olson
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1), 22-231(12)(l), 22-231(15), and 22-231(19). Pool that is
green, stagnant, and not properly maintained, Ripped or missing screen panels
from the pool enclosure, and rodent infestation in the dwelling.
FOLIO NO: 38224720002
PROPERTY ADDRESS: 6001 Cedar Tree Ln, Naples, FL 34116
Officer Musse represented the County.
Evidence Entered: Exhibits 1 – 5: 2018 – 2023 Aerial photos of the property.
Officer Musse testified:
The case initiated on June 26, 2023, following a public complaint.
A site visit was conducted where Mr. Olson acknowledged the violation and reported
financial and health issues delayed him from rectifying the situation.
Contact with Mr. Olson on August 9th indicated he was working on abating the violation
however it remains today.
Terry A. Oslon was present noting health issues, and the summer heat delayed his ability to abate
the violation which he is now working on including the pool cage screening. There is a fence
securing the property which helps restrict access to the swimming pool area. Florida Rebuild
replaced his roof, however caused damage to the pool cage and he is awaiting the issues to be
resolved.
During discussions it was noted a temporary barrier should be installed around the pool until the
pool cage restoration is completed.
Special Magistrate Neale noted sufficient evidence was not provided for the rodent infestation
violation.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and ordered
him to:
1. Pay the Operational Costs of $111.60 incurred by Code Enforcement during the
prosecution of the within 30 days of this hearing.
November 3, 2023
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2. Install a temporary fence barrier to restrict access to the swimming pool area within 7 days
of this hearing.
3. Obtain all required Collier County Building Permit(s), Inspections and Certificate of
Completion for all repairs needed to bring the property into compliance with the Collier
County Property Maintenance Code within 90 days of this hearing or a fine of $250.00 per
day will be imposed until the violation has been abated.
4. Chemically treating the pool wate, killing the algaegrowth and maintaining the filtration
system to keep the pool water clean and provide bi weekly treatments or chemically treating
the pool water , killling the algae growth and covering the pool to prevent safety hazard ,
insect infestations and the intrusion of rain water withn 30 days of this hearing or a f ine
of $250.00 will be imposed for each day the violation continues.
5. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
14. CASE NO: CES20230004154
OWNER: WALFRIDO S PROENZA TRUST
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-4, as amended, Sections
5.06.04(C)(4) and 5.06.04(F)(4)(e). Commercial zoned business has signage
on all business front windows/doors that exceed 25% and/or 2.25 square feet
of illuminated signage. 2 windows have prohibited accent lights around them.
FOLIO NO: 36304560003
PROPERTY ADDRESS: 2010 Santa Barbara Blvd, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 10/13/23
Date of Property/Courthouse Posting: 10/12/23
Officer Owen represented the County and testified:
The case originated regarding a complaint on signage at a business establishment.
On May 11, 2023, he spoke to Mr. Masoud who removed the signage as requested,
however when he returned later in the day it had been placed back in the window.
The violation remains as of November 2, 2023.
Evidence Entered: Exhibit 1: 1 photo dated 11/2/23
Mustafa Masoud, tenant, represented the Respondent who stated the signs would be removed.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and ordered
him to:
1. Pay the Operational Costs of $111.70 incurred by Code Enforcement during the
prosecution of the within 30 days of this hearing.
2. Removing all unauthorized lighting from the front windows and doors, reduce all non
electrical/non reflective signs to less than 25% of each window pane/door and reduce all
illuminated signage to one sign located within a window that is no greater than 2.25
November 3, 2023
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square feet in size within 7 days of this hearing or a fine of $250.00 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
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
Officer Pulse represented the County testifying the violation was abated but not in the prescribed
timeframe.
Special Magistrate Order: No. 6274 Page: 1519:
Fine Amount: $100/day
Duration: 84 days
Total Fine Amount: $8,400.00
Unpaid Operational Costs: $112.10
Total to Date: $8,512.00
Martin H. Anastasio was present and Martin Garcia acted as interpreter and testified the
violation was abated and the incident will not re-occur. He requested the fines be reduced or
waived.
Special Magistrate Neale, noting the violation was abated, GRANTED the County’s Motion
for Imposition of Fines and Liens for a total amount due of $1,112.10 ($1000.00 in fines and
$112.10 in Operational Costs). Said amount to become a lien on the property.
6. CASE NO: CEAU20230002315
OWNER: Fredi Gomez and Jennifer Arreguin
OFFICER: Charles Marinos
VIOLATIONS: Florida Building Code 7th Edition (2020), Section 105.1. An Estates zoned
property with a fence being constructed with no permit on file.
FOLIO NO: 37014480003
PROPERTY ADDRESS: 825 11th St SW, Naples, FL 34117
Officer Marinos represented the County testifying the violation was abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6266 Page: 2390
November 3, 2023
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Fine Amount: $50/day
Duration: 93 days
Total Fine Amount: $4,650.00
Unpaid Operational Costs: $111.75
Total to Date: $4,761.75
Fredi Gomez testified on March 23, 2023, he applied for permits for the fence however did not
qualify as an owner builder and had to find a contractor to obtain the permits. The permit was
issued on September 24, 2023, and a Certificate of Completion was issued on October 3, 2023
Special Magistrate Neale, noting the violation was abated, GRANTED the County’s Motion
for Imposition of Fines and Liens for a total amount due of $611.75 ($500.00 in fines and
$111.75 in Operational Costs). Said amount to become a lien on the property.
7. 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 zoned property with a
large metal building in the rear. Building is permitted, but electrical and
plumbing were added after the fact without permitting.
FOLIO NO: 37014480003
PROPERTY ADDRESS: 825 11th St SW, Naples, FL 34117
Officer Marinos represented the County.
Fredi Gomez was present.
Special Magistrate Order: No. 6266 Page: 2388
Fine Amount: $100/day
Duration: 88 days
Total Fine Amount: $8,800.00
Unpaid Operational Costs: $111.90
Total to Date: $8.991.90
Fredi Gomez testified he purchased the property unaware of an existing violation for the metal
building plumbing and electrical. He obtained a permit for the electrical work and discontinued
the sink abating the violation on September 28, 2023.
Special Magistrate Neale, noting the violation was abated and Mr. Gomez was unaware of the
situation when he purchased the property, GRANTED the County’s Motion for Imposition of
Fines and Liens for a total amount due of $111.90 for the Operational Costs. Said amount to
become a lien on the property.
11. 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.
November 3, 2023
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FOLIO NO: 36372280001
PROPERTY ADDRESS: 2231 53rd St SW, Naples, FL 34116
Officer Cathey represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $3,061.95.
Roseline Joseph was present and testified the title issue for the vehicle remains unresolved and she
intends to have the RV removed from the property and requested 7 days to address the situation.
Special Magistrate Neale CONTINUED the case to the December 1, 2023 hearing date with the
fines ceasing to accrue.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
1. CASE NO: CENA20230008583
OWNER: ILONA DASBACH EST
OFFICER: Jason Packard
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Repeat violation of weeds and grass in excess of 18” throughout
this improved residential parcel.
FOLIO NO: 55101000006
PROPERTY ADDRESS: 224 Pine Valley Cir, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 10/17/23
Date of Property/Courthouse Posting: 10/17/23
The Respondent was not present.
Officer Packard represented the County noting the case involves a field observation of the
violation which is a repeat offense previously abated by the County.
Evidence Entered: Exhibit 1 - 2: Aerial photos of property - Collier County Appraiser
Exhibit 3: Property Appraiser Card
Exhibit 4-6: 1 photo dated 9/29/23
Exhibit 7-11: 1 photo dated 11/2/23
Exhibit 12: Property Deed
Exhibit 13: Previous Order
Special Magistrate Neale finding the Notice of Hearing was properly served found the
Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Pay a Civil Penalty of $250.00 for a repeat violation within 30 days of this hearing.
3. Mow or cause to mow all weeds, grass or other similar non protected overgrowth in excess
of 18 inches in a height down to a height of less than 6 inches on subject property within 7
days of this hearing or a fine of $100.00 a day will be imposed until the violation has been
abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
November 3, 2023
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Total Amount Due: $111.70
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CENA20230001555
OWNER: Malcolm Smith
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181, and Collier County Land Development Code 04-
41, as amended, Section 2.02.03. 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
Officer Joseph represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $11,673.50.
The case was combined with Case #5.
5. 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 stored on the
property.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL 34137
Officer Joseph represented the County noting the violation has not been abated amassing fines and
costs in the amount of $11,423.55.
Debra Smith represented the Respondent, her deceased father and testified she has engaged an
attorney to assist in evicting the unauthorized residents on the property. Upon removal of the
residents, the violation will be abated and she requested a Continuance in the case.
Special Magistrate Neale requested the Respondent to begin making payments for the Civil
Penalty and Operational Costs associated with Case #4 and recommended the Attorney submit a
letter to the County on the status of the case prior to the next hearing date.
Special Magistrate Neale CONTINUED the case until the December 1, 2023, hearing date with
fines ceasing to accrue.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
17. CASE NO: CEEX20230009164-DASV23-017302
OWNER: Juliza Martinez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large dog named “Tyson” off owner’s property, Fifth
Offense.
November 3, 2023
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FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
Officer Martinez and Code Enforcement Manager Crotts represented the County.
The Respondent was not present.
Officer Martinez testified the case involves a Citation issued on 7/28/23 for a 5th offense of
“Tyson” running at large.
Evidence Entered: Exhibit 1: 1st Citation issued on 11/13/16
Exhibit 2: 2nd Citation issued 10/21/21
Exhibit 3: 3rd Citation issued 11/6/22
Exhibit 4: 4th Citation issued 2/6/23
Exhibit 5: 5th Citation issued 7/28/23
Exhibit 6: 1 photo dated 7/28/23
Exhibit 7: 1 photo previous photo of Tyson
Exhibit 8: Aerial photo of the property
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 $550.00 for each case, Operational Costs of $50.00 and a $5.00 Administrative Fee
for a total amount due of $605.00 payable within 30 days.
18. CASE NO: CEEX20230009153-DASV23-018016
OWNER: Joseph Herrera
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14. Article II, Section
14-33(1). Failure to provide proof of County license for dog named “Red”,
Fourth Offense.
FOLIO NO:
PROPERTY ADDRESS: 1201 Camellia Ave, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 10/17/23
Officer Fajardo and Code Enforcement Manager Crotts represented the County.
The Respondent was not present.
Officer Fajardo testified the case involves a Citation issued on 10/9/23 for a 4th offense of failure
to provide proof of license for “Red”.
Evidence Entered: Exhibit 1: 1st Citation issued on 7/26/22
Exhibit 2: 2nd Citation issued 8/24/22
Exhibit 3: 3rd Citation issued 5/1/23
Exhibit 4: 4th Citation issued 10/9/23
Manager Crotts recommended a fine of $500.00 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 for each case, Operational Costs of $50.00 and a $5.00 Administrative Fee
for a total amount due of $555.00 payable within 30 days.
19. CASE NO: CEEX20230009160 DASV23-018017
OWNER: Joseph Herrera
November 3, 2023
14
OFFICER: Kayla Fajardo
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(2). Failure to provide proof of Current Rabies Vaccination Certificate
for dog named “Red”, Fourth Offense.
FOLIO NO:
PROPERTY ADDRESS: 1201 Camellia Ave, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 10/17/23
Officer Fajardo represented the County.
The Respondent was not present.
Officer Fajardo testified the case involves a Citation issued on 10/9/23 for a 4th offense of failure
to provide proof of license for “Red.”
Evidence Entered: Exhibit 1: 1st Citation issued on 7/26/22
Exhibit 2: 2nd Citation issued 8/24/22
Exhibit 3: 3rd Citation issued 5/1/23
Exhibit 4: 4th Citation issued 10/9/23
Manager Crotts reported the dog was euthanized as the result of a fog fight and recommended a
fine of $500.00 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 for each case, Operational Costs of $50.00 and a $5.00 Administrative Fee
for a total amount due of $555.00 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
2. CASE NO: CENA20220008358
OWNER: Maximo Melendez
OFFICER: Maria Rodriguez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(a). Weeds over 18 inches in height on a mowable lot.
FOLIO NO: 66880320009
PROPERTY ADDRESS: 318 S 6th St, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 10/16/23
Date of Property/Courthouse Posting: 10/16/23
The Respondent was not present.
Supervisor Perez represented the County noting the violation was abated by the County and the
owner is deceased with no next of kin.
Special Magistrate Order: No. 6242 Page: 3974
Fine Amount: $100.00/day
Duration: 158 days
November 3, 2023
15
Total Fine Amount: $15,800.00
Unpaid Abatement Costs: $290.00
Unpaid Operational Costs: $223.50
Total to Date: $16,313.50
Special Magistrate Neale, noting the violation was abated, GRANTED the County’s Motion for
Imposition of Fines and Liens for a total amount due of $16,313.50. Said amount to become a
lien on the property.
10. CASE NO: CENA20230000258
OWNER: Lucy B Soto
OFFICER: Joseph Marino
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03, and Collier County Code of Laws and Ordinances,
Chapter 54, Article VI, Sections 54-179, 54-181 and 54-185(b). Outside
storage and/or litter consisting of but not limited to wood, plastics, metals,
mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the
residence.
FOLIO NO: 41048960006
PROPERTY ADDRESS: 4070 14th Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 10/16/23
Date of Property/Courthouse Posting: 10/16/23
The Respondent was not present.
Supervisor Perez represented the County noting the violation has not been abated amassing fines
and costs of $14,923.45. The husband is deceased and the owner is no longer residing on the
property. There has been some activity on the property regarding the removal of debris, however
there has been no contact with the owner.
Special Magistrate Neale, CONTINUED the case for 30 days and requested Staff to determine if
a family member may be contacted on the matter.
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
November 3, 2023
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 —DECEMBER 1, 2023 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:01PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patrick H. Neale, Special Magistrate
The Minutes were approved bythe Special Magistrate on i!2— te_s3as resented
pP P g � , presented
v' , or as amended
fr
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