CESM Minutes 02/02/2024 February 2, 2024
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, February 2, 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
February 2, 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: 9:12am
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:
8. CASE NO: CESD20230004016 - David Camacho and Hilda I Perez Soto
9. CASE NO: CELU20230009917 - VIRGINIA CONDELLO REV TRUST
10. CASE NO: CEPM20230005437 - Lakeview Naples LLC
Under Item VII.A– Hearings, the following cases were withdrawn:
5. CASE NO: CESD20230006882 - Shane M Shadis
6. CASE NO: CENA20230009488 - Robert P Yardley and Loretta L Yardley
7. CASE NO: CENA20230009490 - Robert P Yardley and Loretta L Yardley
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
3. CASE NO: CEV20230005442 - Gordon L Ward
5. CASE NO: CES20230004154 -WALFRIDO S. PROENZA TRUST
6. CASE NO: CESD20230001769 - 12275 COLLIER BLVD LAND TRUST
7. CASE NO: CESD20230001728 - Richard H Grimes
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the January 5, 2024 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES HEARING
1. CASE NO: CEV20230005442
OWNER: Gordon L Ward
OFFICER: Charles Marinos
February 2, 2024
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Unlicensed and/or inoperable vehicles being stored on
improved Estates zoned property.
FOLIO NO: 37342680009
PROPERTY ADDRESS: 1171 29th St SW, Naples, FL 34117
Gordon Ward testified there were approximately 18 vehicles on site with 2 remaining which are
scheduled to be removed soon. He requested additional time to abate the violation.
Officer Marinos confirmed the activity related to abating the violation and noted there could
have been as many as 25 vehicles on site with 2 remaining.
Special Magistrate Neale CONTINUED the case until the April, 2024 hearing date with fines
ceasing to accrue.
B. MOTION FOR EXTENSION OF TIME FOR COMPLIANCE DEADLINE
1. CASE NO: CESD20230004048
OWNER: Jesus Perez and Maleidis Casanas Romero
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). Screened-inlanai with one wall turned
into a concrete wall. Wall has plumbing and electrical inside the wall. Permits
were never issued for utilities or construction.
FOLIO NO: 36120080000
PROPERTY ADDRESS: 2033 50th St SW, Naples, FL 34116
Jesus Perez and Maleidis Romera were present. Victor Perez acted as translator.
Jesus Perez testified he is working on abating the violation but needs an additional 90 days to
resolve permitting issues.
Officer Owen testified Mr. Perez is in the permitting process and was issued a correction letter on
1/11/24 and needs to address a stormwater plan issue.
Special Magistrate Neale GRANTED an Extension of Time for Compliance Deadline until the
May, 2024 hearing date.
2. 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.
FOLIO NO: 38224720002
PROPERTY ADDRESS: 6001 Cedar Tree Ln, Naples, FL 34116
Officer Musse represented the County.
Mr. Olson was present and testified the contractor is working on abating the violation but needs
additional time.
Officer Musse did not object to the request noting the pool screen enclosure has been installed.
Special Magistrate Neale GRANTED an Extension of Time for Compliance Deadline until the
May, 2024 hearing date.
February 2, 2024
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C. MOTION FOR REHEARING
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
Kristina Heuser, Attorney represented Mr. Diaz testifying they have reached an agreement with
the County to dismiss the Citation.
Colleen Greene, Assistant County Attorney represented the County and requested the Citation
be dismissed.
Special Magistrate Neale rescinded the order related to the case dated December 13, 2023.
VI. STIPULATIONS
9. CASE NO: CELU20230009917
OWNER: VIRGINIA CONDELLO REV TRUST
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41 as amended, Sections 1.04.01(A)
and 2.02.03. Recurring violation of multiple occupied RV’s present on parcel not
zoned for such use.
FOLIO NO: 413680004
PROPERTY ADDRESS: NO SITE ADDRESS, Naples, FL 34114
Officer Packard requested the hearing.
The Stipulation was entered into by the Respondents representative Lenore Brakefield on February
2, 2024.
Special Magistrate Neale found the Respondent was GUILTY of violating the referenced
Code(s)/Ordinance(s) at the time the Notice of Violation was issued for the reoccurring land use
violation and ordered them to pay Operational Costs in the amount of $111.70 incurred in the
prosecution of this case within 30 days of this hearing.
Total Amount Due: $111.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. 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 with pollutants is being discharged from the
property into the Stormwater Management system.
FOLIO NO: 00241520006
PROPERTY ADDRESS: 5615 Taylor Rd, Naples, FL 34109
Nereida Macias was present and represented by his attorney Raymond Bass.
Officer Collier represented the County and testified the violation has been abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6197 Page: 3603
Fine Amount: $500.00/day
February 2, 2024
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Duration: 272 days
Total Fine Amount: $136,000.00
Unpaid Operational Costs: $111.85
Total to Date: $136,111.85
Mr. Bass testified:
Mr. Macias worked with the Florida Department of Environmental Protection (FDEP)
over the years inlcuding submitting water quality test samples and there were no issues
until time of the pandemic and Hurricane Ian.
His former attorney passed away but was working with consultants to develop an on site
storm water treatement plan.
It was determined the treatement plan was cost prohibitive ($500,000 +/-) so a decision
was made to cease operation and clear the site.
The violation has been abated and Mr. Macias has agreed to an imposition of fines with
FDEP in the amount of $21,300.
The violation was not a severe Health and Safety issue.
Mr. Maceis testified the business is now closed and Mr. Bass’s testimony is accurate.
Manager Letourneau reported the County has been dealing with issues on the property since at
least 2014 and the violation is a health and safety issue.
Mr. Bass testified:
Mr. Maceis has already agreed to fines issued by FDEP who became involved at the
request of the County.
The business was a salvage yard, the site was cleared and the business closed. The
abatement included removing contaminated soil from the site.
He requested a fine amount of no more than $10,000 be imposed by the County which
would be in addition to the FDEP fine.
Special Magistrate Neale noted it took a substanial amount of time (15 months) to abate the
violation.
Mr. Macies testified during the first 6 months engineerin studies were underway and when it
was determined they were not feasible the abatement required a substantial amount of material to
removed from the site (cars, metal, soil, etc.).
Special Magistrate Neale reviewed the criteria noting the gravity of the violation was
significant given it was a Health and Safety issue, the Respondent took actions to abate the
violation but there were delays and there is a history of issues associated with the property.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of 36,111.85 ($36,000.00 in fines and $111.85 of Operational Costs) to
be paid within 30 days. Said amount to become a lien on the property.
VI. STIPULATIONS (Continued)
8. CASE NO: CESD20230004016
OWNER: David Camacho and Hilda I Perez Soto
OFFICER: Jonathan Musse
February 2, 2024
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Removed the majority of the dock
without a valid Collier County demolition permit or permit to rebuild a new dock.
FOLIO NO: 70010280002
PROPERTY ADDRESS: 228 Riverwood Rd, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 1/11/24
Date of Property/Courthouse Posting: 1/11/24
Officer Musse requested the hearing.
The Stipulation was entered into by the Respondent’s representative David Comacho on February 2,
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 to return the dock to its originally
permitted condition or for the demolition of the dock within 90 days of this hearing or a fine of
$100.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to 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: CEPM20230005437
OWNER: Lakeview Naples LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1), 22-231(1), 22-231(9), 22-231(11), 22-231(12)(o), 22-231(12)(p), 22-
231(19) and 22-231(20). Observed inoperable outlets, oven with a damaged door,
missing light switch, missing smoke detectors, damaged drywall and ceiling,
damage to the tile on the shower wall, inoperable toilet, damaged interior door,
and bee infestation.
FOLIO NO: 61835720002
PROPERTY ADDRESS: 2616 Lakeview Dr, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 1/11/24
Date of Property/Courthouse Posting: 1/11/24
Officer Musse requested the hearing.
The Stipulation was entered into by the Respondent’s representative Eduard Gavrish on February 2,
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 to bring the property into compliance
with the Collier County Property Maintenance Code and the unit is to remain vacant until all
February 2, 2024
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violations are abated within 180 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
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20230010062-SO-190151
OWNER: David R Jones and Kathryn Jones
OFFICER: James Donohue
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicap parking.
FOLIO NO:
PROPERTY ADDRESS: 6650 Collier Blvd, Naples, FL 34114
Officer Donohue testified on December 8, 2023 he was on patrol in the Walmart parking lot and
observed a vehicle parked in a space reserved for handicapped individuals without displaying the
proper placard or license plate authorizing use of the space. Accordingly, the Citation was
issued.
David R. Jones and Kathryn Jones were present and Mr. Jones testified:
The incident occurred on November 18, 2023 when he and his wife visited the store.
Ms. Jones had a broken foot and he utilized the space for a short time.
When he returned to the vehicle the officer was writing out the ticket and he offered to
move the vehicle to avoid the citation.
He utilized the space for its intended purpose and requested leniency in the case.
Officer Donohue testified he had completed filling out the Citation when the Jones’ appeared at
the vehicle.
Special Magistrate Neale reviewed the Ordinance noting the spaces are reserved for a
handicapped person which is defined as “any person with permanent mobility problems who has
been issued an exemption entitlement parking permit pursuant to F.S. § 320.0848. A person
with a temporary injury without an exemption entitlement does not meet the standards for
parking in the space.
Special Magistrate Neale UPHELD issuance of the Citation and ordered the Respondent to
pay a fine of $150.00 and a $5.00 Administrative Fee for a total amount due of $155.00 to be
paid within 21 days.
2. CASE NO: CEEX20230010141-SO-190153
OWNER: Eleanor G Morelli
OFFICER: James Donohue
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicap Parking.
February 2, 2024
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FOLIO NO:
PROPERTY ADDRESS: 13100 Tamiami Trail E, Naples, FL 34104
Officer Donohue testified on November 12, 2023 he was on patrol and observed a vehicle
parked in a space reserved for handicapped individuals without without displaying the proper
placard or license plate authorizing use of the space. Accordingly, the Citation was issued.
Eleanor Morelli testified she has a placard issued to her but forgot to display it and provided
paperwork to prove the permit was issued prior to the date of the incident.
Special Magistrate Neale DISMISSED the Citation.
3. CASE NO: CEEX20230010146-SO-190154
OWNER: Bonnie E Austin
OFFICER: James Donohue
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicap parking.
FOLIO NO:
PROPERTY ADDRESS: 6650 Collier Blvd, Naples, FL 34114
Officer Donohue testified on November 12, 2023 he was on patrol in the Walmart parking lot
and observed a vehicle parked in a space reserved for handicapped individuals without
displaying the proper placard or license plate authorizing use of the space. Accordingly, the
Citation was issued.
Bonnie Austin testified a placard has been issued but she forgot to display it and provided
paperwork to prove the permit was issued prior to the date of the incident.
Special Magistrate Neale DISMISSED the Citation.
4. CASE NO: CEEX20230010914
OWNER: Kevin Demor Rowles
OFFICER: Brenden Fahey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130-67. Handicap parking.
FOLIO NO:
PROPERTY ADDRESS: 4078 Green Blvd, Naples, FL 34116
Date of Hearing Notice by Certified Mail: 1/9/24
The Respondent was not present.
Officer Fahey testified on December 12, 2023 he was on patrol and observed a vehicle parked in a
space reserved for handicapped individuals without displaying the proper placard or license plate
authorizing use of the space. Accordingly, the Citation was issued.
Evidence Entered: Exhibit 1: 1 photo of the vehicle
Special Magistrate Neale UPHELD issuance of the Citation and ordered the Respondent to
pay a fine of $250.00 and a $5.00 Administrative Fee for a total amount due of $255.00 to be
paid within 30 days.
11. CASE NO: CESD20230004157
OWNER: Denise Brudzinski
OFFICER: Donald Joseph
February 2, 2024
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Dock constructed on the property in1995 without a
building permit.
FOLIO NO: 49530640001
PROPERTY ADDRESS: 10 Creek Circle, Naples, FL 34114
Date of Hearing Notice by Certified Mail: 1/22/24
Date of Property/Courthouse Posting: 1/18/24
Officer Joseph represented the County and testified:
The case was initiated based on a public complaint about a dock with no address or
reflector displayed.
Investigation revealed the dock was constructed in 1995 without the record of a permit
being issued.
At the December 1, 2023, Special Magistrate hearing, it was determined an application
for a permit had not been filed and the case was continued to today’s hearing date.
On January 11, 2024 he spoke to Ms. Beckley who noted she had not been in contact
with Renauld Paul from the County, an individual recommended by the Officer who may
assist in resolving the matter.
Mr. Paul contacted Ms. Beckley and after discussions she informed him she would not be
applying for a permit.
Evidence Entered: Exhibit 1: Collier County Appraiser detail page
Exhibit 2 – 4: Aerial photos 2023, 1996, 1989
Exhibit 5: Photo dated 3//9/23
Exhibit 6 – 8: Photos dated 8/2/23
Exhibit 9: Permit file for home construction
Denise Beckley (formerly Denise Brudzinski) testified:
She purchased the property in 2013 and during her due diligence she reviewed the
County Appraisers website which listed the dock as being constructed in 1995, the same
year as the home.
She also determined there were no current or prior code cases involved with the site so
she was under the impression there were no issues with the property.
The case arose during a complaint by an individual who does not reside in the area.
Resolving the issue is a cost issue for her as it appears a structural analysis, survey and
permit fees will be required.
She needs additional time to address the situation.
During discussion occurred between Special Magistrate Neale, Ms. Beckley and County Staff on
the matter. It was determined a solution may be a provision in the County Code whereby a
structure constructed prior to 1997 without record of a permit may be allowed if the structure in
question was built in accordance with the codes required at the time of construction.
Special Magistrate Neale recommended Ms. Beckly pursue this avenue as a potential resolution
to the case.
Special Magistrate Neale CONTINUED the case until the April, 2024 hearing date.
13. CASE NO: CEEX20240000330-DAS-V23-018579
February 2, 2024
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OWNER: Erick Innis
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-39(7). Failure to obtain an animal related business permit, issued on
12/6/23 at 10:44am, 4th offense.
FOLIO NO:
PROPERTY ADDRESS: 1470 9th St SW, Naples, FL 34117
Officer Valdez and Timothy Crotts, Contractor Licensing Manager represented the County
and testified:
The case involves the failure to obtain an animal related business permit for a dog
training and boarding facility.
Following an investigation, the Citation was issued on December 6, 2023 for a 4th
offense.
The Respondent’s business tax license currently prohibits customers or employees on site
and is for office use only.
The proper licensing for the dog training/boarding business requires a building permit
and land use permit being obtained from the County.
An application has been filed with the County with a correction letter issued.
Evidence Entered: Exhibit 1: Citation issued 8/2/23
Exhibit 2: Citation issued 9/20/23
Exhibit 3: Citation issued 10/26/23
Exhibit 4: Citation issued 12/6/23
Exhibit 5: Building Department Information
Erick Innis testified:
He purchased the property 2 years ago with the existing horse barn which was permitted
and built in 2007.
He did obtain a provisional permit for the business which expired in June of 2023 and he
is working with the County to resolve the issues.
The main problem is utilizing the existing building for his dog training and boarding
facility requires a new permit and the horse barn does not conform to the required
setbacks.
He is working to resolve the issue including seeking issuance of a variance or
undertaking a property line adjustment.
Manager Crotts confirmed the existing barn was permitted in 2007 but does not meet the
required codes with only office use permitted. The County is working with Mr. Innis to resolve
the issue.
Mr. Innis acknowledged he is using the property for dog training.
Manager Crotts noted issuance of the proper business permit requires the property being in
conformance with County rules as outlined in Section 14-39-7 of the Code, “Every person who
owns or operates an animal-related business or animal-related organization shall obtain a
permit from the Director. A fee will be charged for the permit. Permit fees shall be established
and revised by resolutions of the Board of County Commissioners. The Director shall issue an
animal-related business or organization permit after receipt of this fee and inspection of the
February 2, 2024
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business or organization premises if he determines that the premises meet all established
standards and regulations.”
Manager Crotts recommended a fine of $500.00 and the associated costs be imposed for the
4th offense.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered him
to pay a Fine of $250.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a
total amount due of $307.00 payable within 30 days.
14. CASE NO: CEEX20240000332-DAS-V23-018484
OWNER: Amber Auckerman
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large on public/private property, issued on 11/22/23
at 5:55pm, 2nd offense, “Sadie”.
FOLIO NO:
PROPERTY ADDRESS: 2360 Birdsong Ln, Naples, FL 34117
Officer Martinez and Timothy Crotts, Contractor Licensing Manager represented the
County and testified:
The case involves the dog “Sadie” running at large on Heidi Nix’s property on November
22, 2023.
There was previous incident on Ms. Nix property when Sadie broke through her lanai
screen.
An affidavit regarding the incident and a video of the event was provided by Ms. Nix
time stamped November 22, 2023, 10:15am.
A Citation was issued to Ms. Ackerman due to the second occurrence of the dog running
at large.
Evidence Entered: Exhibit 1: Warning issued 6/6/23
Exhibit 2: 1st Citation issued 11/22/23
Exhibit 3: Video taken on 11/22/23 by Heidi Nix
Exhibit 4: Aerial Map of Neighborhood
Exhibit 5: Still shot of video displaying date and time taken 11/22/23;
10:15am
Heidi Nix confirmed she provided the affidavit and video to the County. The time stamp is the
correct date and time. She made no alterations to the video.
Amber Auckerman testified:
She was on the telephone with her boss at the time of the incident and the dog was in the
home playing with her son.
She believes the time stamp was altered.
She agreed to pay for the screen damage which occurred during a prior incident.
There are many German Shepherds running loose in the neighborhood which could have
been the dog Ms. Nix observed on her property.
February 2, 2024
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Special Magistrate Neale noted, based on Ms. Nix’s testimony and the dog’s response on the
video to Ms. Nix’s command “Sadie go home” the preponderance of the evidence indicates the
dog is Ms. Auckerman’s.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $250.00, Operational Costs and a $7.00 Administrative Fee for a total amount
due of $307.00 payable within 30 days.
Recessed: 11:40am
Reconvened: 11:52am
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. CASE NO: CEV20220009387
OWNER: Roseline Joseph
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Section 130-95, and
Collier County Land Development Code 04-41 as amended, Sections 1.04.01(A)
and 2.02.03. RV in rear yard with sewage connection and no license plate
attached.
FOLIO NO: 36372280001
PROPERTY ADDRESS: 2231 53rd St SW, Naples, FL 34116
Officer Cathey reported the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: No. 6282 Page: 1414
Fine Amount: $50.00/day
Duration: 59 days
Total Fine Amount: $2,950.00
Unpaid Operational Costs: $112.25
Total to Date: $3,062.25
Roseline Joseph testified vehicle title issues delayed abating the violation which was never able
to be resolved. She ended up giving the vehicle away.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $112.25 to be paid within 30 days. Said amount to become a lien on
the property.
8. CASE NO: CESD20210009269
OWNER: Moises Hernandez and Alma Y Hernandez
OFFICER: Craig Cooper
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.06.02(B)(1)(a) and 10.06.02(B)(1)(e), and Collier County Code of Laws and
Ordinances, Article II, Section 11031(a). Expired permit PRROW20190625067
incomplete construction of culvert pipe.
FOLIO NO: 38782440002
PROPERTY 3240 60th Ave NE, Naples, FL 34120
Date of Hearing Notice by Certified Mail: 1/11/24
Date of Property/Courthouse Posting: 1/11/24
Officer Cooper reported the violation has been abated but not in the prescribed timefreame.
February 2, 2024
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Special Magistrate Order: No. 6278 Page: 1047
Fine Amount: $200.00/day
Duration: 157 days
Total Fine Amount: $31,400.00
Unpaid Operational Costs: $111.95
Total to Date: $31,511.95
Moises Hernandez testified permit issues with the Florida Department of Environmental
Protection delayed abating the violation.
Officer Cooper reported Mr. Hernandez continually made progress on abating the violation until
the issue was resolved.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
for a total amount due of $1,111.95 ($1,000.00 in fines and $111.95 of Operational Costs) to
be paid within 30 days. Said amount to become a lien on the property.
B. EMERGENCY CASES
None
VII. Public Hearings (Continued)
A. Hearings
12.CASE NO: CEPM20230008827
OWNER: Malcolm Smith
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-228(1), 22-231(1), 22-231(11), 22- 231(12)(b), 22-231(12)(i), 22-
231(12)(o) and 22-231(19). Unsanitary conditions, no electricity, no running
water, damages to the ceiling, drywall, exterior door frame, windows, exterior
walls, missing glass panel next to the front door, and damages and/or missing
mobile home skirting.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL 34137
Date of Hearing Notice by Certified Mail: 1/11/24
Date of Property/Courthouse Posting: 1/17/24
The Respondent was not present.
Officer Musse testified a property inspection was conducted on October 18, 2023 which revealed
the violation. Subsequent visits on November 30, 2023 and December 30, 2023 revealed the
necessary repairs have not been made to the mobile home.
Evidence Entered: Exhibits 1 – 22: Photos dated 10/18/23
Special Magistrate Neale after finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation was ordered to:
1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Collier County Demolition
Permit(s), Inspections and Certificate of Completion for the required repairs to the
dwelling. Clean, sanitize and regularly maintain the dwelling so that it is free from
infestation, and bring the property into compliance with the Collier County Property
February 2, 2024
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Maintenance Code within 7 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: $111.80
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20230000172
OWNER: Barbra V Ahrens and Antonio De Vazquez
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Sections 22-228(1),
22-231(1), 22-231(11), 22-231(12)(c), 22231(12)(i) and 22-231(12)(p).
Unrepaired fire damage to include roof, soffits, windows, exterior doors, interior
walls and ceilings, windows, electrical and plumbing system.
FOLIO NO: 40925160001
PROPERTY ADDRESS: 2821 6th Ave SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 1/9/24
Date of Property/Courthouse Posting: 1/12/24
The Respondent was not present.
Officer Musse testified the violation has not been abated.
Special Magistrate Order: No. 6261 Page: 1628
Fine Amount: $250.00/day
Duration: 36 days
Total Fine Amount: $9,000.00
Unpaid Operational Costs: $223.55
Total to Date: $9,223.55
Evidence Entered: Exhibits 1 – 6: Photos dated 1/13/23
7 – 12: Photos dated 1/12/24
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens for
a total amount due of $9,223.55 to be paid within 30 days. Said amount to become a lien on the
property with fines continuing to accrue.
9. 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 inches
throughout this improved residential parcel.
FOLIO NO: 55101000006
February 2, 2024
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PROPERTY ADDRESS: 224 Pine Valley Cir, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 1/11/24
Date of Property/Courthouse Posting: 1/17/24
The Respondent was not present.
Officer Packard testified the violation was abated by the County.
Special Magistrate Order: No. 6309 Page: 1239
Fine Amount: $100.00/day
Duration: 28 days
Total Fine Amount: $2,800.00
Unpaid Abatement Costs: $210.00
Prior Unpaid Civil Penalty: $250.00
Unpaid Operational Costs: $223.55
Total to Date: $3,483.55
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens for
a total amount due of $3,483.55 to be paid within 7 days. Said amount to become a lien on the
property.
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.
XI. REPORTS
None
XII. NEXT MEETING DATE – MARCH 1, 2024 at 12:40pm
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 12:31PM.
February 2, 2024
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
` P rick H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on 2 / G' / , as presence
, or as amended
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