CESM Minutes 03/01/2024 March 1, 2024
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, March 1, 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
March 1, 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: 9:11am
Reconvened: 9:23am
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:
3. CASE NO: CEPM20230004944 - Amy L Garrard
Under Item VII.A– Hearings, the following cases were withdrawn:
4. CESD20230000587 – Rubysela E Meza and Elizabeth D Meza
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
8. CEPM20220001115 – Royal Palm Vacation Rentals LLC
13. CESD20230000435 – Marcos Benavides Ramos and Josefina Almaraz Ramirez
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the January 19, 2024 and February 4, 2024 hearing were approved by Special
Magistrate Neale.
V. MOTIONS
B. MOTION FOR EXTENSION OF TIME FOR COMPLIANCE DEADLINE
5. 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
March 1, 2024
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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 it’s
taking longer than anticipated to obtain the Letters of No Objection from the various utility
companies involved in the process. He requested a 120 day Extension of Time to finalize the
agreement.
Officer Holmes had no objection to the request.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the July 2024
hearing date.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. 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.
Special Magistrate Order: No. 6212 Page: 2923
Fine Amount: $500/day
Duration: 354 days
Total Fine Amount: $177,000.00
Unpaid Operational Costs: $112.20
Total to Date: $177,112.20
Todd Allen, Attorney represented:
The Respondent noting abating the violation took longer than anticipated.
When the original stipulation was executed by the Respondent, it was unknow the 45 day
deadline to abate the violation was unrealistic.
The Respondent thought repairs could be made, but the stairway needed to be rebuilt.
There were contractor issues and an engineer had to be engaged to assist in obtaining the
permit.
The violation was not a Health, Safety and Welfare issue.
Officer Musse noted access to the stairs was prohibited for safety purposes and there was
another entrance to the apartment building. The permit application was submitted on 6/23/23,
issued on 11/3/23 and finalized on 1/8/24.
March 1, 2024
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Special Magistrate Neale, GRANTED the County’s Motion for Imposition of Fines and Liens
in the amount of $11,112.20 ($10,000.00 in Fines and $112.20 of Operational Costs). Said
amount to be paid within 30 days and become a lien on the property.
V. MOTIONS (Continued)
A. MOTION FOR CONTINUANCE
1. CASE NO: CESD20200000453
OWNER: Carlos Gonzalez and Barbara Reyes
OFFICER: Joseph Marino
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted addition/improvements
FOLIO NO: 40982200001
PROPERTY ADDRESS: 2660 8th Ave SE, Naples, FL 34117
Officer Marinos represented the County.
Barbara Reyes was present and Elba Marin acted as here translator
Ms. Marin reported Ms. Reyes is working on abating the violation. She has obtained the permit
for the addition and has incurred costs of over $5,000 including paying for an X-ray of the slab
to determine its structural components. The analysis determined there is not sufficient
reinforcing and she is addressing the situation so the structure may remain.
Special Magistrate Neale GRANTED a Continuance in the case until the July 2024 hearing
date with the fines ceasing to accrue.
B. MOTION FOR EXTENSION OF TIME FOR COMPLIANCE DEADLINE
1. CASE NO: CEROW20220006276
OWNER: Jandy Hernandez and Jose M Blanco Perez
OFFICER: Craig Cooper
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Section 110-31(a), and the 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 driveway extension, failed culvert pipe,
driveway extension material from unpermitted driveway extension obstructing
the right of way.
FOLIO NO: 39775400003
PROPERTY ADDRESS: 3363 45th Ave NE, Naples, FL 34120
Officer Cooper represented the County.
Jandy Hernandez and Jose Perez were present and reported they are working on abating the
violation which requires dealing with the Florida Department of Environmental Protection
(FDEP). A $1,000 permit fee is due which they are preparing to pay. After resolving issues
with FDEP they will be obtaining the necessary Collier County permits.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the
September 2024 hearing date.
2. CASE NO: CEVR20230000654
OWNER: Vitaliy Rizhkov and Marina Rizhkov
OFFICER: Adam Collier
March 1, 2024
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VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
3.05.01(B), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i).
Trees/vegetation moved with mechanical means prior to obtaining a permit.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Lane, Naples, FL 34109
Officer Collier represented the County.
Dmitriy Trepachko of Belru Construction represented the Respondent noting progress is
being made in abating the violation. The structure has been removed from the property and
permits are being sought for a new home. He requested a 60 day Extension to abate the
violation.
Officer Collier noted the process may take longer than 60 days to complete.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the July,
2024 hearing date.
3. CASE NO: CEROW20230000767
OWNER: Vitaliy Rizhkov and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II,
Sections 110-31(a) and 110-32. Work performed in the right-of-way without
the proper County approvals/permits.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Ln, Naples, FL 34109
Officer Collier represented the County.
Dmitriy Trepachko of Belru Construction represented the Respondent noting progress is
being made in abating the violation. The structure has been removed from the property and
permits are being sought for a new home. He requested a 60 day Extension to abate the
violation.
Officer Collier noted the process may take longer than 60 days to complete.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the July,
2024 hearing date.
4. CASE NO: CESD20230000435
OWNER: Marcos Benavides Ramos and Josefina Almaraz Ramirez
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Shed erected in
rear yard without proper Collier County permit. Determination concluded a
permit is needed for addition on rear of property.
FOLIO NO: 36238520009
PROPERTY ADDRESS: 5375 Hunter BLVD, Naples, FL 34116
Officer Owen represented the County.
Marcos Benavides Ramos was present and Madai Benavides acted as translator noting they
are working on obtaining the permits to abate the violation.
Special Magistrate Neale GRANTED the Motion for an Extension of Time until the July,
2024 hearing date.
March 1, 2024
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C. MOTION FOR REHEARING
None
V. STIPULATIONS
3. CASE NO: CEPM20230004944
OWNER: Amy L Garrard
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(12)(p) and 22-
231(11). Roof, exterior walls, interior walls/floor/ceiling, windows in disrepair
with rot, holes, discolored, unfinished. Exposed wiring in dwelling. A/C
inoperable.
FOLIO NO: 26430720002
PROPERTY 3535 North Rd, Naples, FL 34104
Officer Musse requested the hearing.
The Stipulation was entered into by Amy L. Garrard on March 1, 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 all repairs required to bring the property into compliance with Collier County Property
Maintenance Code 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
VI. PUBLIC HEARINGS
A. HEARINGS
6. CASE NO: CEEX20240001522-DAS-V23-018773
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large on public/private property, issued on
12/15/2023 at 11:37am, 12th offense, “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass Ln, Naples, FL 34116
Fabiola Miguel was present and Emilio Miguel acted as translator.
Officer Ress and Manager Timothy Crotts represented the County and testified the 12th offense
for Yoyi running at large occurred on December 13, 2023 with the Citation issued on December
15, 2024. The 9th, 10th and 11th occurrences were adjudicated by the Special Magistrate on
January 5, 2024.
March 1, 2024
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Evidence Entered: Exhibit 1: Photo of Yoyi in crate at DAS
Exhibit 2: Map of neighborhood depicting where Yoyi was picked up by
DAS
Emilio Miguel noted the dog was neutered in December and there haven’t been any incidents
since the last Citation was issued. They have a fence in the yard without a gate. They intend to
install the gate but until that time, the dog is leashed when outside.
Manager Crotts confirmed there have not been any incidents since the last Citation and
recommended a fine of up to $500.00, Operational Costs of $50.00 and a $7.00 Administrative
Fee 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, $50.00 in Operational Costs and a $7.00 Administrative Fee for a
total amount due of $557.00 payable within 30 days.
7. CASE NO: CEEX20240001525-DAS-V23-018781
OWNER: Fabiola Miguel
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(B). Running at large on public/private property, issued on
12/23/2023 at 12:17pm, 13th offense, “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass Ln, Naples, FL 34116
Fabiola Miguel was present and Emilio Miguel acted as translator.
Officer Ress and Manager Timothy Crotts represented the County and testified the 12th offense
for Yoyi running at large occurred on November 29, 2023 with the Citation issued on December
23, 2023.
Evidence Entered: Exhibit 1: Video of Yoyi running at large taken by Karilyn Johnson
Exhibit 2: Affidavit of Karilyn Johonson on 11/29/23 incident.
Emilio Miguel noted the dog was neutered in December and there haven’t been any incidents
since the last Citation was issued. They have a fence in the yard without a gate. They intend to
install the gate but until that time, the dog is leashed when outside.
Manager Crotts confirmed there have not been any incidents since the last Citation and
recommended a fine of up to $500.00, Operational Costs of $50.00 and a $7.00 Administrative
Fee 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, $50.00 in Operational Costs and a $7.00 Administrative Fee for a total
amount due of $557.00 payable within 30 days.
B. EMERGENCY CASES
None
VII. NEW BUSINESS
March 1, 2024
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B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CESD20230001728
OWNER: Richard H Grimes
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted wood deck installation (Front and Rear of
Home).
FOLIO NO: 81270040000
PROPERTY ADDRESS: 2898 Weeks Ave, Naples, FL 34112
Officer Johnson represented the County.
Special Magistrate Order: No. 6282 Page: 1426
Fine Amount: $200.00/day
Duration: 46 days
Total Fine Amount: $9,200.00
Unpaid Operational Costs: $111.75
Total to Date: $9.511.75
Richard Grimes, Sr. represented the Respondent, his son and testified his son passed away on
September 23, 2023 and he abated the violation when he learned of the situation.
Special Magistrate Neale, noting the violation was abated, DENIED the County’s Motion for
Imposition of Fines and Liens.
4. CASE NO: CENA20180012429
OWNER: Angelo Lucarelli and Gail Lucarelli
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-185(d). Prohibited exotic vegetation including, but not limited to, Brazilian
Pepper and Melaleuca trees on an unimproved parcel not zoned Estates or
Agricultural, within 200 feet of improved property.
FOLIO NO: 163080006
PROPERTY ADDRESS: NO SITE ADDRESS
Dominick Lucarelli represented the Respondent.
Officer Collier represented the County.
Special Magistrate Order: No. 5667 Page: 2088
Fine Amount: Part C(2): $100.00/day; Part C(3): $200.00/day
Duration: Part C(2): 518 days; Part C(3): 334 days
Total Fine Amount: Part C(2); $100,800.00 Part C(3): $164,800.00
Unpaid Operational Costs: $112.20
Total to Date: $265,712.20
Mr. Lucarelli reported the consultants (Q. Grady Minor) involved in the case notified him they
expect permits to be issued in approximately 3 months.
Mr. Collier confirmed the permit processing is ongoing with a correction letter issued on August
of 2023 and Mr. Lucarelli stays in contact with him and provides updates.
March 1, 2024
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Special Magistrate Neale CONTINUED the case until the August 2024 hearing date with the
fines continuing to accrue.
5. CASE NO: CEPM20220008389
OWNER: 1725 W VOGEL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI,
Sections 22-231(1), 22-231(5), 22-231(12)(p) and 22-231(13). A violation of
the minimum occupancy standard in that the unit is only 81 sq ft according to
the sketches provided on Collier Appraiser’s website and not the
recommended minimum of 250 sq ft. The unit contains a stove without
burners, and has damaged interior walls and ceiling.
FOLIO NO: 61483000006
PROPERTY ADDRESS: 2996 Francis Ave Unit # 11, Naples, FL 34112
Officer Musse represented the County.
Special Magistrate Order: No. 6213 Page: 1973
Fine Amount: $500.00/day
Duration: 352 days
Total Fine Amount: $176,000.00
Unpaid Operational Costs: $111.95
Total to Date: $176,111.95
Jonathan Fabian of 1725 Vogel, LLC was present. Kimberly Reed, of Reed Property
Management was also present.
Mr. Fabian testified:
He purchased the property in 2022 and a veteran was residing in the converted shed. The
individual had to be evicted and the area converted back to storage use.
The Stipulation was signed by his former property manager, and he was unaware of the
conditions and there were communication and response to the violation issues with the
former property management company and contractor.
Eventually he closed out the permit himself and a new company is engaged to manage
the property.
Officer Musse confirmed Mr. Fabian purchased the property with the existing violation and he
has transformed the site into a favorable living environment.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
in the amount of $5,111.95 ($5,000.00 in Fines and $111.95 in Operational Costs). Said
amount to be paid within 30 days of this hearing and to become a lien on the property.
6. CASE NO: CES20230004154
OWNER: WALFRIDO S. PROENZA TRUST
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, 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
March 1, 2024
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PROPERTY ADDRESS: 2010 Santa Barbara Blvd, Naples, FL 34116
Officer Owen represented the County.
Mustafa Masoud, tenant, provided a note he was authorized to represent the Respondent.
Special Magistrate Neale reviewed the documentation and determined it was insufficient and
requested County Staff provide Mr. Masoud with the proper form for authorizing an individual
to represent a party at the hearing. The case was CONTINUED until the April, 2024 hearing
date.
7. CASE NO: CESD20210006137
OWNER: Alicia Baltazar
OFFICER: Doug Williams
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). A shed built without a Collier
County permit between 1995 and 1999 and a carport attached to the shed built
between 2019 and 2020 without first obtaining a valid Collier County permit.
FOLIO NO: 62203240003
PROPERTY ADDRESS: 5549 Sholtz Street, Naples, FL 34113
Supervisor Mucha represented the County noting the violation has been abated but not in the
prescribed time frame amassing fines and costs as follows:
Special Magistrate Order: No. 6067 Page: 683
Fine Amount: $100.00/day
Duration: 427 days
Total Fine Amount: $42,700.00
Unpaid Operational Costs: $112.10
Total to Date: $42,812.10
Alicia Baltazar was present and Edgar Aguillera acted as translator.
Mr. Aguillera testified he assisted his mom in abating the violation, which was difficult. The
work included FEMA certifications, structural analysis, communication issues with the
consultant, survey work, site drainage improvements, etc.
Supervisor Mucha reported the case involved a neighbor’s complaint regarding a shed
constructed in the 1990’s.
Special Magistrate Neale, noting the violation was abated, GRANTED the County’s Motion
for Imposition of Fines and Liens in the amount of $112.10 for the Operational Costs due in
the case.
11. 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 into
other unit(s) in the building.
FOLIO NO: 63743751129
PROPERTY ADDRESS:
March 1, 2024
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Date of Hearing Notice by Certified Mail: 2/9/24
Date of Property/Courthouse Posting: 2/12/24
The Respondent was not present.
Officer Musse represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6324 Page: 2910
Fine Amount: Part C: $500.00/day; Part D: $500.00/day
Duration: 41 days
Total Fine Amount: Part C: $20,500.00; Part D $20,500.00
Unpaid Operational Costs: $223.25
Total to Date: $43,221.25
Craig Maser and Dennis Carnes, Condominium Association representative reported the
issue has been ongoing for 3 years and the unit is in total disarray, is infested with pests, has
water leaks and odors emanate from the premise.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
in the amount of $43,221.25. Said amount to be paid within 14 days of this hearing and to
become a lien on the property with fines continuing to accrue.
Recessed: 11:09am
Reconvened: 11:25am
12. 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 ADDRESS: 5340 Myrtle Ln, Naples, FL 34113
Date of Hearing Notice by Certified Mail: 2/9/24
Date of Property/Courthouse Posting: 2/12/24
The Respondent was not present.
Supervisor Mucha represented the County noting the violation has been abated but not in the
prescribed time frame amassing fines and costs as follows:
Special Magistrate Order: No. 6323 Page: 724
Fine Amount: $100.00/day
Duration: 20 days
Total Fine Amount: $2,000.00
Unpaid Operational Costs: $111.80
Total to Date: $2,111.80
Mariano Bernhardt, the new owner of the property was present.
Special Magistrate Neale, noting the violation was abated GRANTED the County’s Motion for
Imposition of Fines and Liens in the amount of $111.80 for the Operational Costs due in the
case.
March 1, 2024
12
14. CASE NO: CEPM20230002896
OWNER: A & T INVESTMENT LLC
OFFICER: Jonathan Musse
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: 2/9/24
Date of Property/Courthouse Posting: 2/12/24
Officer Musse represented the County noting today he was informed by the Respondent there is
a permit issued for the repairs which is valid until May 12, 2024
Thomas Nguyen (A & T Investments, LLC) and Duc Le were present noting the violation will
be abated.
Manager Letourneau WITHDREW the case.
15. CASE NO: CESD20230006611
OWNER: Catherine Floyd
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Unpermitted shed in rear yard.
FOLIO NO: 36116920006
PROPERTY ADDRESS: 2042 50th Ter SW, Naples, FL 34116
Officer Owen represented the County and noted the violation has been abated but not in the
prescribed timeframe amassing fines and costs as follows:
Special Magistrate Order: No. 6300 Page: 3608
Fine Amount: $200.00/day
Duration: 26 days
Total Fine Amount: $5,200.00
Unpaid Operational Costs: $111.75
Total to Date: $5,311.75
He noted the permit application was filed on October 24, 2023 and issued on January 8, 2024 with
the Certifications resolved yesterday.
Catherine Floyd and Alvah Devins (her son) were present. Mr. Devins testified there were
clerical errors delaying the Certification of Completion being issued. The situation was rectified
yesterday.
Special Magistrate Neale, noting the violation was abated GRANTED the County’s Motion for
Imposition of Fines and Liens in the amount of $211.75 ($100.00 Fine and $111.75 for the
Operational Costs due in the case). Said amount to be paid within 30 days of this hearing.
VIII. PUBLIC HEARINGS
B. HEARINGS
5. CASE NO: CEV20240000513
OWNER: Fortino Mendez
March 1, 2024
13
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Section 130-95. Repeat violation of an Estates zoned property with
unlicensed/inoperable vehicles on site.
FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 2/7/24
Date of Property/Courthouse Posting: 2/7/24
Fortina Mendez was present.
Officer Marinos represented the County noting the case originated following a complaint and he
inspected the premise on January 24, 2024. The trailer on site did not display a valid license plate
and has a broken axle. The violation remains, is a repeat offense, and the Notice of Violation was
issued on January 29, 2024.
Evidence Entered: Exhibit 1: 1 photo dated 1/24/24
Exhibit 2-5: 4 photos dated 2/29/24
Mr. Mendez reported the registration for the trailer was issued 1/8/24 however the license plate
was stolen. His Father-in-Law was repairing the trailer but his daughter passed away delaying the
work. The axle had to be specially ordered and it was replaced yesterday, after Mr. Marinos was
on site.
Special Magistrate Neale noted the issue is a repeat violation and Mr. Mendez had 30 days to
correct the violation and failed to do so in the prescribed timeframe.
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. Pay a Civil Penalty of $750.00 for a repeat violation.
3. Repairing and affixing a current valid license plate to each vehicle in violation, or store
these vehicles in a completely enclosed structure or remove these vehicle(s) to a site
intended for such use within 3 days of this hearing or a fine of $150.00 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: $861.70
1. CASE NO: CEV20230009115
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III,
Sections 130-95 and 130-96(a). Recurring Violation of multiple
trailers/recreational vehicles and unlicensed trailer in front yard area.
March 1, 2024
14
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 1/30/24
Date of Property/Courthouse Posting: 2/7/24
The Respondent was not present.
Officer Pulse represented the County and reported the Respondent would not accept the Notice
of Violation issued on November 1, 2023 so it was posted at the property. There have been other
violations issued for the property in the past. The violation remains as of 3/1/24.
Evidence Entered: Exhibit 1: Photo dated 9/14/23
Exhibit 2: Photo dated 11/1/23
Exhibit 3: Photo dated 11/8/23
Exhibit 4: Photo dated 11/20/23
Exhibit 5-6: Photos dated 12/26/23
Exhibit 7: Photo dated 1/11/24
Exhibit 8-9: Photos dated 2/29/25
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. Pay a Civil Penalty of $500.00 for a repeat violation.
2. Obtain and affix a valid license plate to each vehicle not stored within the confines of a
completely enclosed structure or store said vehicle(s) within a completely in enclosed -
structure and/or repair defects so vehicle is immediately operable or remove offending
vehicle(s) from residentially zoned property within 7 days of this hearing or a fine of
$100.00 will be imposed for each day the violation remains.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $611.70
2. CASE NO: CELU20230007578
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03
and Collier County Code of Laws and Ordinances, Chapter 54, Article VI,
Sections 54-179 and 54-181. Repeat Violation of miscellaneous items stored
outside consisting of but not limited to: plastic containers, wood, pallets,
plastic, chemical containers, buckets, paper, metal, file cabinet, household
items, etc.
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112
Date of Hearing Notice by Certified Mail: 1/30/24
Date of Property/Courthouse Posting: 2/7/24
March 1, 2024
15
The Respondent was not present.
Officer Pulse represented the County and reported the Respondent would not accept the Notice
of Violation issued on November 1, 2023 so it was posted at the property. There have been other
violations issue for the property in the past. The violation remains as of 3/1/24.
Evidence Entered: Exhibit 1-2: Photos dated 9/14/23
Exhibit 3: 1 photo dated 11/1/23
Exhibit 4-5: Photos dated 12/26/23
Exhibit 6: 1 Photo dated 1/11/24
Exhibit 7-8: Photos dated 2/12/24
Exhibit 9-10: Photos dated 2/29/24
Exhibit 11: Aerial photo of 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. Pay a Civil Penalty of $250.00 for a repeat violation.
3. Removing all unauthorized accumulation of litter and all other items not permitted for
outside storage to a site designated for such use or store desired items in a completely
enclosed structure within 7 days of this hearing or a fine of $100.00 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: $361.70
8. CASE NO: CEEX20240001527-DAS-V24-018871 (Cases 8 and 9 were combined)
OWNER: Julitza Martinez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-33(1). Failure to provide proof of County license, issued on 01/04/2024 at
5:48pm, 5th offense, “Dutchess”
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
9. CASE NO: CEEX20240001528-DAS-V24-018872
OWNER: Julitza Martinez
OFFICER: Olivia Martinez
]
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,
issued on 01/04/2024 at 5:48pm, 5th offense, “Dutchess”.
FOLIO NO:
PROPERTY ADDRESS: 5111 Quail Roost Rd, Immokalee, FL 34142
March 1, 2024
16
Notice of Hearing by Certified Mail: 2/13/24
The Respondent was not present.
Officer Martinez Manger Timothy Crotts represented the County and testified the case
initiated as a site visit for tethering a dog and it was determined the proper licensing and
vaccinations related to “Dutchess” were not in compliance with the County Ordinance. The
licensing and vaccination expired in April of 2023. A Citation was issued on January 4, 2024 for
a 5th offense of the Ordinance.
Evidence Entered: Exhibit 1: 4th Offense Failure to License and Vaccinate Special Magistrate
Order from December 2, 2023 hearing.
Exhibit 2: Citation issued on 1/4/24 for Failure to License
Exhibit 3: Citation issued on 1/4/24 for Failure to Vaccinate
Exhibit 4: DAS data on “Dutchess”
Manager Crotts recommended a Fine of not more than $500.00, Operational Costs of $50.00
and an Administrative Fee of $7.00 be imposed for each case.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
to pay a Fine of $500.00, $50.00 in Operational Costs and a $7.00 Administrative Fee in each
case for a total amount due of $1,114.00. Said amount payable within 30 days.
10. CASE NO: CEEX20240001529-DAS-V24-019131
OWNER: Alejandro Hernandez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-36(10). Tethering Violation, issued on 1/26/2024 at 4:27pm, 3rd offense,
“Choppa”
FOLIO NO:
PROPERTY ADDRESS: 301 Jefferson Ave W, Immokalee, FL 34142
Date of Hearing Notice by Certified Mail: 2/13/24
The Respondent was not present.
Officer Martinez and Manager Timothy Crotts represented the County noting the case
involves a 3rd offense of tethering “Choppa.”.
Evidence Entered: Exhibit 1: 1st Citation issued on 10/8/23
Exhibit 2: 2nd Citation issued 10/25/23
Exhibit 3: 3rd Citation issued on 1/26/24
Exhibit 4: Photo dated 1/26/24
Exhibit 5: Photo dated 1/26/24 with markup of onsite tethering
Exhibit 6: Photo of 2nd offense dated 10/24/23
Exhibit 7: Aerial map of property
Manager Crotts recommended a Fine of not more than $500.00, Operational Costs of $50.00
and an Administrative Fee of $7.00 be imposed for the case.
Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered her
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 payable within 30 days.
March 1, 2024
17
IX. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CENA20220009117
OWNER: Dahinet Varona
OFFICER: Angel Sindo
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 1.04.04(A) and 2.02.03. Outside storage and/or litter
consisting of but not limited to wood, appliances, metals, furniture, and
plastics in a zoning district where such storage is not permitted.
FOLIO NO: 39206600000
PROPERTY ADDRESS: 171 14th St SE, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 2/7/24
Date of Property/Courthouse Posting: 2/7/24
The Respondent was not present.
Officer Sindo represented the County testifying the violation has not been abated amassing finds
and costs as follows:
Special Magistrate Order: No. 6266 Page: 2376
Fine Amount: $100.00day
Duration: 243 days
Total Fine Amount: $24,300.00
Unpaid Operational Costs: $223.45
Total to Date: $24,523.45
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
in the amount of $24,523.45. Said amount to be paid within 30 days of this hearing and to
become a lien on the property with fines continuing to accrue.
9. CASE NO: CEA20230004943
OWNER: Abdallah Masoud Mustafa
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07.
An improved Estates zoned property with hooved animals on site exceeding
the amount allowable set forth by the Collier County Land Development
Code.
FOLIO NO: 45846280007
PROPERTY ADDRESS: 1270 13th St SW, Naples, FL 34117
Date of Hearing Notice by Certified Mail: 2/9/24
Date of Property/Courthouse Posting: 2/15/24
The Respondent was not present.
Officer Marinos represented the County noting the violation has been abated but Operational
Costs in the amount of $223.40 have not been paid.
March 1, 2024
18
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens
in the amount of $223.40. Said amount to be paid within 30 days of this hearing and to
become a lien on the property.
10. CASE NO: CESD20230007407
OWNER: PACIFICA LAUREL RIDGE LLC C/O 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 to the 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: 2/9/24
Date of Property/Courthouse Posting: 2/9/24
The Respondent was not present.
Officer Owen represented the County reporting a permit has been filed as of February 1, 2024
and if issued, would abate the violation.
Special Magistrate Neale CONTINUED the case to the April 2024 hearing date 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.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
XI. REPORTS
None
March 1, 2024
XII. NEXT MEETING DATE —APRIL 5, 2024 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:01 PM.
COLLIER COUNTY PECIAL MAGISTRATE
HEARING
„V7
Patrick H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on , as presented
LV, or as amended .
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