CESM Minutes 01/05/2024 January 5, 2024
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 5, 2024
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
January 5, 2024
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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: 9:08am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
1. CASE NO: CEEX20230010726-PU-5878 - LENNAR HOMES LLC
2. CASE NO: CEEX20230010729-PU-5880 - LENNAR HOMES LLC
10. CEPM20230002232 – J & G Francois Family Ltd Prtn
11. CASE NO: CESD20230009382 - Mimose Erneus
13. CESD20230008486 - Ludner Marc and Pascale Leonville
Under Item VII.A– Hearings, the following cases were withdrawn:
3. CEPM20230007099 – Tracy St Cyr
5. CEV20230004802 – Rodney Nelson and Jacqueline Nelson
6. CEV20230008613 – Andrew James Shafer and Nicole DiGiacomo Shafer
12. CEPM20230007516 – Rebeca Gordon Silot
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the December 1, 2023 hearing were approved by Special Magistrate Neale subject to
changing the granting of the Respondent’s request under Item V.B.1 from a Continuance to an
Extension of Time.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE
1. CASE NO: CESD20230000741
January 5, 2024
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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 determined a permit is required for siding
replacement in front of structure.
FOLIO NO: 54050680002
PROPERTY ADDRESS: 3915 Estero Bay Ln, Naples, FL 34112
Travis Hanrahan testified abatement of the violation continues however the contractor holds
the permit. He requested an Extension of Time until June when the permit expires to allow the
contractor the time to address the violation.
Officer Pulse represented the County and had no objection to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the June
2024 hearing date.
2. CASE NO: CESD20220009434
OWNER: William J Snider
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). Deck installed,
screen enclosure removed and replaced with sliders. All these improvements
and alterations require Collier County building permits.
FOLIO NO: 24220001687
PROPERTY ADDRESS: 2084 Pine Isle Ln, #2084, Naples, FL 34112
William Snider testified the deck issue is resolved however the sliding glass doors brought to
his attention during the deck inspection remain. He purchased the property in 2010 and the
doors were in place.
He provided a letter from Daniel O Lin who is assisting in the matter and indications are the
doors were installed over 23 years ago. The main problem is locating a contractor or consultant
to deal with the permitting issue given it is a small job. He requested a 180 day Extension of
Time.
Officer Pulse represented the County and did not object to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the July 2024
hearing date.
3. CASE NO: CENA20230003093
OWNER: Philip R Carr
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
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: 00246320007
PROPERTY ADDRESS: 1900 J and C Blvd, Naples, FL 34108
Laura Lou Roth Carr represented the Respondent. Her daughter Laura Lou Roth was also
present.
January 5, 2024
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Ms. Carr noted her husband’s health issues have prolonged abating the violation. They are
investigating concepts with the zoning department such as fencing which may abate the
violation.
Officer Collier represented the County and confirmed they are working with the Zoning
Department for a potential solution to the issue.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the April,
2024 hearing date.
C. MOTION FOR REHEARING
None
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. 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 testifying the violation has not been abated.
Special Magistrate Order: No. 6212 Page: 3923
Fine Amount: $500.00/day
Duration: 354 days
Total Fine Amount: $177,000.00
Unpaid Operational Costs: $112.00
Total to Date: $177,112.00
Todd Allen, Attorney represented the Respondent and testified the work has been completed and
they are awaiting final inspections and issuance of the Certificate of Completion/Occupancy.
Officer Musse confirmed the work has been completed.
Special Magistrate Neale CONTINUED the case until the February 2024 hearing date with
fines ceasing to accrue.
6. 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
Fitzgerald Frater, Attorney and Phyllis Maffei were present and represented the Respondent.
Officer Marinos represented the County testifying the violation has been abated.
Special Magistrate Order: No. 6197 Page: 3570
Fine Amount: $250.00/day
January 5, 2024
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Duration: 419 days
Total Fine Amount: $104,750.00
Unpaid Operational Costs: $112.15
Total to Date: $104,862.15
Mr. Frater testified the violation has been abated and the process was complicated. The violation
caused no harm to any party or property and the Respondent worked hard to abate the violation and
incurred substantial costs. The main issue was finding an appropriate receiving site for the items.
He requested the fines be reduced the maximum amount possible.
Special Magistrate Neale noted the main concern is the length of time required to abate the
violation.
Mr. Frater stated different options were explored including the feasibility of constructing a
building which delayed the materials being removed from the site.
Manager Letourneau acknowledged finding a receiving site for the materials contributed to the
delays in abating the violation.
Director Iandimarino noted there was a substantial amount of Staff time dedicated to the case.
Special Magistrate Neale, after considering the factors involved in the case, GRANTED the
County’s Motion for Imposition of Fines and Liens in the amount of $15,000.00 for the fine and
$112.15 in Operational Costs for a total amount due of $15,112.15. Said amount to be payable
within 30 days.
VI. STIPULATIONS
1. CASE NO: CEEX20230010726-PU-5878
OWNER: LENNAR HOMES LLC
OFFICER: Kenneth Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section
134-174(n). Unlawful connection to the Collier County curb stop with a black
hose constituting a Health, Safety and Welfare issue.
FOLIO NO: 47830001300
PROPERTY ADDRESS: 2253 Avocado Ln, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 12/8/23
Officer Thompson requested the hearing.
The Stipulation was entered into by the Respondent’s representative Jack Turner on December 20,
2023.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to
pay Operational Costs in the amount of $50.00, an Administrative Fee of $5.00 and a Civil
Penalty of $1,000.00 for a total amount due of $1,055.00 to be paid within 30 days of this hearing.
2. CASE NO: CEEX20230010729-PU-5880
OWNER: LENNAR HOMES LLC
OFFICER: Kenneth Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section
134-174(n). Unlawful connection to the Collier County curb stop with a black
hose constituting a Health, Safety and Welfare issue.
FOLIO NO: 47830001261
PROPERTY ADDRESS: 2245 Avocado Ln, Naples, FL 34120
January 5, 2024
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Date of Hearing Notice by Certified Mail: 12/8/23
Officer Thompson requested the hearing.
The Stipulation was entered into by the Respondent’s representative Jack Turner on December 20,
2023.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation was ordered to
pay Operational Costs in the amount of $50.00, an Administrative Fee of $5.00 and a Civil
Penalty of $1,000.00 for a total amount due of $1,055.00 to be paid within 30 days of this hearing.
4. CASE NO: CESD20230005146
OWNER: Maria Betancourt-Guizado and Andy J Guerra
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). Structures in rear yard are unpermitted.
Lanai and sheds.
FOLIO NO: 36382960007
PROPERTY ADDRESS: 2217 52nd Ln SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/6/23
Date of Property/Courthouse Posting: 12/12/23
Officer Owen requested the hearing.
The Stipulation was entered into by Maria Cristina Betancourt on January 5, 2024.
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. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), Inspections and Certificate of Completion/Occupancy for the lanai and structures
in the rear yard 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: $111.75
10. CASE NO: CEPM20230002232
OWNER: J & G FRANCOIS FAMILY LTD PRTN
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(12)(b), 22-231(12)(i) and 22-241(1). Damaged exterior
window and sliding glass door, damaged ceiling in the lanai, and window and
sliding glass door boarded up without a valid boarding certificate.
FOLIO NO: 72180080004
PROPERTY ADDRESS: 2346 41st St SW, Naples, FL 34119
Date of Hearing Notice by Certified Mail: 12/12/23
Date of Property/Courthouse Posting: 12/14/23
Officer Musse represented the County.
January 5, 2024
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The Stipulation was entered into by the Respondent’s representative Joseph Francois on January 4,
2024.
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 the repairs to bring the property into compliance with the requirements of 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.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
11. CASE NO: CESD20230009382
OWNER: Mimose Erneus
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). Unpermitted
additions to home, to include enclosure of screened in lanai with addition of AC
to now enclosed lanai. Building of unpermitted additions on rear of residence.
FOLIO NO: 36310840005
PROPERTY ADDRESS: 5437 23rd Ct SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/6/23
Date of Property/Courthouse Posting: 12/12/23
Officer Owen requested the hearing.
The Stipulation was entered into by Mimose Erneus on January 5, 2024.
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 addition to the
primary structure, enclosure of the screened lanai and installation of an air conditioning unit
for the enclosed lanai 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: $111.70
13. CASE NO: CESD20230008486
OWNER: Ludner Marc and Pascale Leonville
January 5, 2024
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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). Golden Gate City
residence with unpermitted garage conversion. Additionally, a window has been
covered with stucco. All work requires permits.
FOLIO NO: 36117160001
PROPERTY ADDRESS: 2006 50th Ter SW, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/6/23
Date of Property/Courthouse Posting: 12/12/23
Officer Owen requested the hearing.
The Stipulation was entered into by Ludner Marc and Pascale Leonville on January 5, 2024.
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 all occupancy of the converted garage and turn off all unpermitted electrical within two
days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated.
3. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), Inspections and Certificate of Completion/Occupancy for the conversion of garage
into living space to include plumbing and electrical work and elimination of a window in the
bathroom within 180 days of this hearing or a fine of $200.00 per day will be imposed until the
violation has been abated.
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
VII. PUBLIC HEARINGS
A. HEARINGS
14. CASE NO: CEPM20230008638
OWNER: Mary C Hasselman Rev Trust
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1) and 22-231(19). Unsanitary conditions in the units that
would need to be cleaned and sanitized and air conditioning system that is not
properly working. A/C drip pan is flooding causing a water intrusion.
FOLIO NO: 63743751129
PROPERTY ADDRESS: 4180 Looking Glass Ln #8, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/19/23
Date of Property/Courthouse Posting: 12/19/23
The Respondent was not present.
Officer Musse testified:
The case initiated as the result of a complaint on October 4, 2023.
The following day he visited the premise and no one was home.
January 5, 2024
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On October 6th, the Respondent’s son notified him there was a blockage in the air
conditioning system drain line and he would address the issue.
A deadline of October 16 was imposed for the Respondent to make the necessary repairs to
the AC system.
There was no contact from the Respondent so on October 17th, accompanied by
representatives of the Condominium Association, access was obtained to the premise and
photos were taken of the unit.
Evidence Entered: Exhibit 1 – 5: Photos dated 10/17/23 taken by Joann Johansen
Joann Johansen testifed her unit is below the the Hasselman’s unit and she has pest and mold
activity due to the violation.
Albert Goslin representing the HOA testified there have been long term issues with the unit, it is
in foreclosure and he anticipates the transfer of ownership process being completed soon.
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. Return dwelling to a clean sanitized condition including pest infestations, dwelling must be
maintained in an organized, clean condition free from debris and over storage within 15
days or a fine of $500.00 per day will be imposed until the violation is abated.
3. Obtain any required Collier County Building Permits, Inspections and Certificate of
Completion for the repairs necessary to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code within 15 days or a fine of
$500.00 per day will be imposed until the violation has been abated.
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
15. CASE NO: CEEX20230010923-DASV23-018527 (the cases were combined)
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, 9th offense, “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass Ln, Naples, FL 34116
16. CASE NO: CEEX20230010929-DASV23-018578
OWNER: Fabiola Miguel
OFFICER: Connie Hunt
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). At large on public/private property, 10th offense, “Yoyi”.
FOLIO NO:
January 5, 2024
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PROPERTY ADDRESS: 5910 Sea Grass Ln, Naples, FL 34116
17. CASE NO: CEEX20230010931-DASV23-018591
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, 11th offense, “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass Ln, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/14/23
Fabiola Miguel was present.
Litzi Miguel acted as translator.
Officer Hess, Hunt and Timoth Crotts, Contractor Licensing Manager testified the cases
involve the ninth, tenth and eleventh offense for a dog running at large.
Evidence Entered: Exhibit 1: 9th Citation issued for 11/7/23 incident
Exhibit 2: Affidavit of Karilyn Johnson for 11/7/23
Exhibit 3: Karilyn Johnson video for 11/7/23 incident
Exhibit 4: Map of neighborhood
Exhibit 5: Previous Orders
Exhibit 6: 10th Citation issued for 11/28/23 incident
Exhibit 7: 11th Citation issued for 12/6/23 incident
Exhibit 8: Karilyn Johnson video for 11/28/23 incident
Exhibit 9: Map of neighborhood
Exhibit 10: Karilyn Johnson affidavit for 11/28 incident
Ms. Miguel testified the dog has been neutered and no longer goes outside.
Manager Crotts recommended a fine of $550.00 be imposed for each violation of the Ordinance.
Special Magistrate Neale notified Ms. Miguel the cases are problematic given the number of
occurrences with a new case since the last hearing. He will be forwarding the matter to the County
Attorney’s Office for possible action.
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 $7.00
Administrative Fee for a total amount due of $1,671.00 payable within 30 days.
18. CASE NO: CEEX20230010933-DASV23-018525
OWNER: PET SUPERMARKET
OFFICER: Connie Hunt
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-39(7). Failure to obtain an animal related business permit, 4th offense.
FOLIO NO:
PROPERTY ADDRESS: 12665 Tamiami Trail E, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 12/14/23
Sarah Blanton, District Manager for Pet Supermarket was present.
Officer Hunt and Timothy Crotts, Contractor Licensing Manager represented the County
noting they were removing the violation for obtaining a business tax receipt which is not within
Domestic Animal Services jurisdiction. This case involves the failure to obtain a business permit.
January 5, 2024
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Evidence Entered: Exhibit 1: 5/17/23 expired permit
Exhibit 2: 1st Citation issued 6/17/20
Exhibit 3: 2nd Citation issued 10/21/23
Exhibit 4: 3rd Citation issued 11/18/23
Exhibit 5: 4th Citation issued 11/29/23
Manager Crotts reported a business permit has not been issued as the applications does not meet
the requirements.
Ms. Blanton testified:
On 12/13/23 she sent an employee in person to the County offices to resolve the matter as
the corporate officials were not addressing the situation.
She has obtained the Zoning Certificate, however, was notified she was missing the fire
compliance report for the premise.
The fire inspection was conducted on January 4, 2024 which failed and the corrections
have been made with a re-inspection due on February 18, 2024.
Recently, she was informed they may not need the fire inspection for a business permit
and will be clarifying the requirement immediately following this meeting.
If none is required, it is anticipated the permit will be issued without further delay.
She will pay any outstanding fines associated with the case.
Manager Crotts agreed the fire compliance report may not be required for issuance of the permit.
He recommended a fine of $500.00, Operational Costs of $50.00 and a $7.00 be imposed and the
violation be abated within 60 days.
Special Magistrate Neale found the Respondent GUILTY of violating the Ordinance and ordered
them to pay Operational Costs of $50.00, an Administrative Fee of $7.00 and a Civil Penalty of
$500.00 for a total amount due of $557.00 to be paid within 30 days.
Recessed: 11:25am
Reconvened: 11:40am
19. CASE NO: CEEX20230010932-DASV23-018600
OWNER: Jose Cid Gonzalez
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-48(2). Livestock at large, 4th Offense, “Horse-Ramon”.
FOLIO NO:
PROPERTY ADDRESS: 1428 Saint Clair Shores Rd, Naples, FL 34104
Date of Hearing Notice by Certified Mail: 12/14/23
Mr. Gonzalez was present.
Officer Hess and Timothy Crotts, Contractor Licensing Manager testified Citations were
issued on 7/28/22, 8/8/22, 12/7/22 and 12/8/23 for Mr. Gonzalez’s horse running at large. Mr.
Gonzalez has apologized to Mr. Clark for the damage caused to his property.
Evidence Entered: Exhibit 1: Affidavit of Bill Clark
Exhibit 2: 1 Photo of “Horse Ramon” secured by Mr. Clark
January 5, 2024
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Bill Clark, neighbor testified he detained the loose horse after it caused damage to his property
and took the photo displayed as Exhibit 2.
Mr. Gonzalez testified he is constructing a fence on his property to contain the horse and utilizing
a corral in the interim until the fence is completed.
Manager Crotts recommended a fine of $500.00, Operational Costs of $50.00 and a $7.00 be
imposed for the violation.
Special Magistrate Neale found the Respondent GUILTY of violating the ordinance and ordered
him to pay a fine of $500.00, $50.00 in Operational Costs and a $7.00 Administrative Fee for a
total amount due of $557.00 to be payable within 30 days.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
7. CASE NO: CESD20210009269
OWNER: Moises Hernandez and Alma Y Hernandez
OFFICER: Cristina Perez
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.2.06(B)(1)(e), and Collier County Code of Laws and
Ordinances, Chapter 110, Article II, Section 110-31(a). Expired permit
PRROW20190625067 incomplete construction of culvert pipe.
FOLIO NO: 38782440002
PROPERTY ADDRESS: 3240 60th Ave NE, Naples, FL 34120
Supervisor Perez represented the County testifying the violation has not been abated, amassing
fines and costs in the amount of $31,511.95.
Moises Hernandez testified he obtained the necessary permits for the work after awaiting a
wetlands determination which delayed the process. The work is ongoing, and he anticipates it
will be completed within 15 days.
Special Magistrate Neale CONTINUED the case until the February 2024 hearing date with
the fines ceasing to accrue.
8. CASE NO: CEPM20220005683
OWNER: Donna Juliette Anne Hall
OFFICER: Doug Williams
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1), 22-231(12)(b) and 22-231(12)(c). Vacant structure with
damaged roof and exterior wall damage.
FOLIO NO: 22625000007
PROPERTY ADDRESS: 4608 Dominion Dr, Naples, FL 34112
Officer Williams represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $30,812.05.
George Barber, Power of Attorney represented the Respondent and testified he applied for
the permit to repair the roof but now needs a FEMA determination on the 50 percent rule before
it may be issued. He is working with the Agency to resolve the issue so the permit may be
issued. The siding repairs have been completed and the materials for the roof work are on site.
January 5, 2024
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Special Magistrate Neale CONTINUED the case until the March 2024 hearing date with the
fines ceasing to accrue.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
8. CASE NO: CEAU20230009491
OWNER: Robert P Yardley and Loretta L Yardley
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Chapter 5,
Section 5.03.02(F)(3). Chain-link fence in disrepair around entire parcel.
FOLIO NO: 60780560004
NO SITE ADDRESS, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 12/12/23
Date of Property/Courthouse Posting: 12/12/23
The Respondent was not present.
Officer Packard represented the County.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2 – 5: 4 photos dated 10/20/23
Exhibit 6: 1 photo dated 11/27/23
Exhibit 7 – 10: 4 photos dated 1/4/24
Exhibit 11: Deed for property.
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 Permits or Demolition Permits, Inspections
and Certificate of Completion/Occupancy for the repair of the chain link fence within 30
days of this hearing or a fine of $100.00 per day fine 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: $111.70
9. CASE NO: CELU20230009811
OWNER: Robert P Yardley and Louise L Yardley
OFFICER: Jason Packard
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-96(a). People living in an RV on a residential property.
FOLIO NO: 60780600003
PROPERTY 5340 Myrtle Ln, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 12/12/23
Date of Property/Courthouse Posting: 12/12/23
The Respondent was not present.
January 5, 2024
14
Officer Packard represented the County.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2 – 3: 2 photos dated 11/6/23
Exhibit 4 - 6: 3 photos dated 11/27/23
Exhibit 7 – 10: 4 photos dated 1/4/24
Exhibit 11: Deed for the property
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 operation of the recreational vehicle for living, sleeping or housekeeping purposes
while being stored on a residentially zoned property within 7 days of this hearing or a fine
of $100.00 per day 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: $111.70
7. CASE NO: CESD20230007407
OWNER: PACIFICA LAUREL RIDGE LLC CO PACIFICA COMPANIES LLC
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)(i). Repairs tothe units’ bathrooms
and closet to include replacing drywall and repairs to the plumbing and
electrical, conducted without first obtaining a valid Collier County building
permit.
FOLIO NO: 36180080008
PROPERTY ADDRESS: 5542 Laurel Ridge Ln, Unit 98, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/12/23
Date of Property/Courthouse Posting: 12/12/23
The Respondent was not present.
Officer Owen represented the County.
Evidence Entered: Exhibit 1: Building Official Determination or Permit Required
Exhibit 2 -7: 6 photos dated 8/15/23
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 Permits, Inspections and Certificate of
Completion for the repairs made to the bathrooms and closet including, but not limited to
plumbing, electrical and drywall within 30 days of this hearing or a fine of $750.00 will be
imposed until the violation is abated.
January 5, 2024
15
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
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: CEPM20220005460
OWNER: Alberto J Garza and Marlene A Garza
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1), 22-231(12)(p), 22-231(12)(b), 22-231(12)(i), 22-
231(12)(r) and 22-231(19). Interior walls, floor, ceiling in disrepair. Kitchen
cabinets in disrepair. Exterior doors in disrepair. Insect infestation. A/C
inoperable, inoperable toilet. Exterior walls and gutters in disrepair.
FOLIO NO: 66560005
PROPERTY ADDRESS: 2721 State St, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 12/7/23
Date of Property/Courthouse Posting: 12/12/23
The Respondent was not present.
Supervisor Perez represented the County noting the violation has not been abated and there has
been no contact with the Respondent, although they did apply for a permit which was rejected.
Special Magistrate Order: No. 6266 Page: 2382
Fine Amount: $500.00/day
Duration: 33 days
Total Fine Amount: $16,500.00
Unpaid Operational Costs: $223.70
Total to Date: $16,723.70
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $16,723.70 to be paid within 30 days. Said amount to become a lien
on the property and the fines continuing to accrue.
3. CASE NO: CEAU20220011080
OWNER: Nancy C Bunney
OFFICER: Jason Packard
VIOLATIONS: Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. Failure to
obtain a permit for work which required a permit.
January 5, 2024
16
FOLIO NO: 61780600002
PROPERTY ADDRESS: 3140 Caledonia Ave, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 12/8/23
Date of Property/Courthouse Posting: 12/8/23
The Respondent was not present.
Officer Packard represented the County noting the Respondent’s representative Judy Snyder
submitted a letter explaining the circumstances of the case and requested the fines be waived. He
noted the case did not involve a health and safety issue and the Respondent obtained permits and
abated the violation.
Special Magistrate Order: No. 6266 Page: 2385
Fine Amount: $100.00/day
Duration: 141 days
Total Fine Amount: $14,100.00
Unpaid Operational Costs: $111.85
Total to Date: $14,211.85
Special Magistrate Neale, after reviewing the letter submitted by the Respondent, GRANTED
the County’s Motion for Imposition of Fines and Liens for a total amount due of $111.85.
Said amount to become a lien on the property.
4. 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 ADDRESS: 5472 Laurel Ridge Ln, Unit 53, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 12/8/23
Date of Property/Courthouse Posting: 12/11/23
Officer Musse represented the County noting the violation has not been abated and the Property
Manager informed him there has been no response from the contractor to finish the work. Some
repairs have been completed.
Special Magistrate Order: No. 6304 Page: 146
Fine Amount: $500.00/day
Duration: 77 days
Total Fine Amount: $38,500.00
Unpaid Operational Costs: $223.50
Total to Date: $38,723.50
Special Magistrate Neale, GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $38,723.50. Said amount to become a lien on the property.
January 5, 2024
17
5. 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: 12/8/23
Date of Property/Courthouse Posting: 12/14/23
Supervisor Perez represented the County noting the violation has not been abated and a letter was
posted on the residence. The letter was not removed, and the property appears to be deserted.
Special Magistrate Order: No. 6261 Page: 1609
Fine Amount: $100.00/day
Duration: 210 days
Total Fine Amount: $21,00.00
Unpaid Operational Costs: $223.55
Total to Date: $21,223.55
Special Magistrate Neale, GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $21,223.55. Said amount to become a lien on the property with fines
continuing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
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.
January 5, 2024
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
XL REPORTS
None
XII. NEXT MEETING DATE— FEBRUARY 2, 2024 at 9:00am
There being no farther business for the good of the Countr, the Hearing was adjourned by Order of the
Special Magistrate at 1:3IPM,
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
a , I • al Magistrate
The Minutes were approved by the Special Magistrate on , s presented
or as amended
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