CESM Minutes 04/05/2024 April 5, 2024
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, April 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
April 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: 9:12am
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:
2. CASE NO: CEEX20240002377-PU-5888 - Pulte Home Company LLC
5. CASE NO: CEPM20230003893 -Timothy Schaus
6. CASE NO: CEV20230007055 - Greg Bee and Jane Bee
10. CASE NO: CEPM20230007308 - Bienvenido Miranda
12. CASE NO: CENA20230006263 - Mary I Wiggin and John Joseph Wiggin
Under Item VII.A– Hearings, the following cases were withdrawn:
7. CEPM20230005506- Michael Ray Marolla Est
8. CESD20230007583 – Robert Nofsinger
9. CASE NO: CESD20230005491 - Santiago D Bazan
11. CEOCC20230009915 – Arcelyn Pierre and Onette Clermont
13. CEAU20230001685 – Sobeida Figueroa
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
8. CEPM20220005884 – Akshar of SW FL Invest LLC
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the March 1, 2024 hearing were approved by Special Magistrate Neale.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
7. CASE NO: CESD20220004635
OWNER: Hubert M Parra Guerrero and Judith Susvila Santana
OFFICER: Doug Williams
April 5, 2024
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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). Screen enclosures and exterior
lighting installed without building permits.
FOLIO NO: 62207200007
PROPERTY ADDRESS: 5477 Carlton Street, Naples, FL 34113
Supervisor Mucha represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6197 Page: 3596
Fine Amount: $100.00/day
Duration: 153 days
Total Fine Amount: $15,300.00
Unpaid Operational Costs: $111.85
Total to Date: $15,411.85
Mr. Parra Guerro testified contractor issues delayed abating the violation.
Supervisor Mucha testified the delays were not the fault of the Respondents.
Special Magistrate Neale noted the violation has been abated and after reviewing the gravity of
the violation, actions taken by the Respondent and the existence of any previous violations
GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of
$611.85 ($500.00 in fines and $111.85 for the Operational Costs). Said amount payable within
30 days of this hearing and to become a lien on the property.
V. MOTIONS
A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS
None
B. MOTION FOR EXTENSION OF TIME OF COMPLIANE DEADLINE
1. CASE NO: CESD20230000230
OWNER: Alice Licker
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and10.02.06(B)(1)(e)(i). Conversion of
back porch of multifamily unit from screen to glass on all sides.
FOLIO NO: 29795002488
PROPERTY ADDRESS: 3955 Deer Crossing Ct. Unit #104, Naples, FL 34114
Supervisor Mucha represented the County.
Ms. Licker was not present when the case was first heard, and her Motion for an Extension of
Time of Compliance Deadline was granted until the May 2024 hearing date however she appeared
30 minutes later and the Order was rescinded and the case was reheard.
Ms. Licker testified the contractor is working on abating the violation and needs more time.
Supervisor Mucha did not object to the request.
Special Magistrate Neale, after rescinding the first order, GRANTED an Extension of Time for
Compliance Deadline until the July 2024 hearing date.
C. MOTION FOR REHEARING
None
April 5, 2024
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VI. STIPULATIONS
2. CASE NO: CEEX20240002377-PU-5888
OWNER: Pulte Home Company LLC
OFFICER: Olti Sefa
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section
134-174(C). Collier County owned RPZ has been damaged and the meter has been
disconnected from the curb stop.
FOLIO NO: 73756002266
PROPERTY ADDRESS: 4278 Sonoma Oaks Cir, Naples, FL 34119
Date of Notice of Hearing by Certified Mail: 3/13/24
Officer Sefa requested the hearing.
The Stipulation was entered into by the Respondent’s Representative Arturo Ossa on April 5, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and ordered them
to pay Operational Costs in the amount of $50.00, an Administrative Fee of $5.00 and a Civil
Penalty of $1,500.00 for a total amount due of $1,555.00 payable within 30 days of this hearing.
Total Amount Due: $1,555.00
5. CASE NO: CEPM20230003893
OWNER: Timothy Schaus
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 panel on the pool enclosure,
and microbial growth on the pool enclosure frame.
FOLIO NO: 24690000946
PROPERTY ADDRESS: 3222 Karst Ct, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 3/5/24
Date of Property/Courthouse Posting: 3/5/24
Officer Musse requested the hearing.
The Stipulation was entered into by Timothy Schaus on April 5, 2024.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and ordered him
to:
1. Pay the Operational Costs of $111.70 incurred by Code Enforcement during the prosecution of
the within 30 days of this hearing.
2. Chemically treating the pool wate, killing the algae growth and maintaining the filtration
system to keep the pool water clean and provide bi weekly treatments or chemically treating the
pool water , killling the algae growth and covering the pool to prevent safety hazard , insect
infestations and the intrusion of rain water withn 60 days of this hearing or a fine of $250.00
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
April 5, 2024
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6. CASE NO: CEV20230007055
OWNER: Greg Bee and Jane Bee
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable and unregistered recreational vehicle improperly stored on the
property.
FOLIO NO: 01134801909
PROPERTY ADDRESS: 560 Webb Rd, Copeland, FL 34137
Date of Notice of Hearing by Certified Mail: 3/6/24
Date of Property/Courthouse Posting: 3/6/24
Officer Joseph requested the hearing.
The Stipulation was entered into by Timothy Schaus on April 5, 2024.
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 and affix a current valid license plate to the vehicle/trailer and must repair defects so
the RV is immediately operable, or store said vehicle in a completely enclosed structure and/or
remove the said vehicle from residentially zoned area within 30 days of this hearing or a fine of
$50.00 per day will be imposed each day any 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
10. CASE NO: CEPM20230007308
OWNER: Bienvenido Miranda
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
228(1) and 22-236. Fire damaged dwelling that has been declared a dangerous
structure by the building official.
FOLIO NO: 36372120006
PROPERTY ADDRESS: 5350 21st Pl SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 3/7/24
Date of Property/Courthouse Posting: 3/8/24
Officer Musse requested the hearing.
The Stipulation was entered into by Bienvenido Miranda on April 5, 2024.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and 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 Demolition Permits, Inspections and
Certificate of Completion for all repairs needed to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code within 120 days of this hearing
or a fine of $250.00 per day will be imposed until the violation has been abated.
April 5, 2024
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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
12. CASE NO: CENA20230006263
OWNER: Mary I Wiggin and John Joseph Wiggin
OFFICER: Latoya Cooper
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-
179, 54-181 and 54-185(a) and The Collier County Land Development Code 04-
41, as amended, Section 2.02.03. Litter and/or prohibited outdoor storage including
but not limited to: yard tools, buckets, plastic containers and wood scattered
throughout the property. Also weeds/grass in excess 18 inches on the property.
FOLIO NO: 35780000007
PROPERTY 2190 41st Ter. SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 3/7/24
Date of Property/Courthouse Posting: 3/8/24
Supervisor Holmes requested the hearing.
The Stipulation was entered into by John Wiggin on April 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. Remove all unauthorized accumulation of litter and all other items not permitted for outside
storage to a site designated for such use or store desired items in a completely enclosed
structure within 60 days of this hearing or a fine of $100.00 will be imposed for each day the
violation remains.
3. Mow or cause to mow all weeds, grass or similar non-protected overgrowth in excess of
eighteen (18) inches in height to a height of less than six (6) inches on subject property within
14 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: $111.70
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20240002025-PU-6257
OWNER: TREETOPS OF NAPLES, SECTION I, INC CO ASSOCIA GULF COAST
OFFICER: Natalie Pochmara
April 5, 2024
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 118, Article III, Section
118-64. Litter consisting of but not limited to bulk items and food waste on the
ground inside and outside of dumpster enclosures.
FOLIO NO: Common area
PROPERTY ADDRESS: Treetops Dumpster Enclosure Area
Date of Notice of Hearing by Certified Mail: 3/5/24
Officer Pochmara and Solid Waste Manager Matt Hayes represented the County.
Officer Pochmara reported:
The case involves a mandatory court appearance as Citations were issued in September and
November of 2023 and January and February of 2024.
All the Citations were paid and a Notice to Appear was issued.
The County assisted in cleaning up the area, coordinating bulk pick up of items, arranged the
revamping of the dumpster to side door access, placement of signs, etc.
A site visit on 4/4/24 found the area in clean condition.
The County is concerned the Association had no sense of urgency or made reasonable efforts
to address the ongoing issues until recently.
Evidence Entered: Exhibits 1-4: Photos dated 1/26/24
Exhibits 5-7: Photos dated 2/28/24
Exhibits 8-9: Photos dated 3/5/24
Exhibits 10-11: Photos dated 3/12/24
Exhibits 12-14: Photos dated 3/26/24
Manager Hayes noted:
He has been involved in the case for several months and Mr. Joubert, the new Association
President has been extremely responsive to the matter.
He recommended fines not be imposed but the Respondent pay the Operational Costs of
$50.00 and an Administrative Fee of $5.00.
Additionally, they be required to develop and implement an “Action Plan” to address the
issue.
Arthur Joubert, President of the Condominium Association testified:
He was elected to the Office in late January of 2024.
The County has been extremely helpful in dealing with the issue and appreciates their
assistance.
Some of the issues are related to the illegal disposing of materials by contractors and others.
In addition to the signage and dumpster improvements, the Association now has 2 paid
monitors for the area and consideration is being given to installing security cameras in the
area.
Manager Hayes noted if a party is identified illegally disposing of waste, the Collier County
Sheriff’s Office may act.
Special Magistrate Neale ordered the Respondent to:
1. Pay $50.00 in Operational Costs, a $5.00 Administrative Fee for a total amount due of $55.00
payable within 30 days of this hearing.
2. Develop an “Action Plan” to address the issue and submit it to the County within 21 days of
this hearing.
April 5, 2024
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3. CASE NO: CEEX20230011130-R206861
OWNER: Wynn Juran
OFFICER: Tami Canger
VIOLATIONS: Collier County Ordinance No. 2019-04. Registration violation: Residential.
FOLIO NO: 00141603502
PROPERTY ADDRESS: 166 Barefoot Cir, Bonita Springs, FL 34134
Cases 3 and 4 were combined
4. CASE NO: CEEX20230011140-F206861
OWNER: Wynn Juran
OFFICER: Tami Canger
VIOLATIONS: Collier County Ordinance No. 2019-04. Excessive false alarms: Residential.
FOLIO NO: 00141603502
PROPERTY ADDRESS: 166 Barefoot Cir, Bonita Springs, FL 34134
Date of Notice of Hearing by Certified Mail: 3/5/24
Officer Canger represented the County and requested the Citations be dismissed based on
consultations with Ms. Juran.
Jocelyn Juran was present and testified Wynn Jaran, her husband is deceased and was unaware of
the requirement to register the equipment and has resolved the issues.
Special Magistrate Neale DISMISSED the Citations.
14. CASE NO: CEEX20240002521-DAS-V24-019328
OWNER: Andy Ronald
OFFICER: Kevin Sparks
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14-35(1)(J). Injury to person, issued on 02/11/24 at 2:41pm, 2nd offense,
“Luna”.
FOLIO NO:
PROPERTY ADDRESS: 1413 Bermuda Rd, Marco Island, FL 34145
Cases 14 and 15 were combined.
15. CASE NO: CEEX20240002522-DAS-V24-019329
OWNER: Andy Ronald
OFFICER: Kevin Sparks
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 02/11/24
at 2:41pm, 2nd offense, “Lady Luna”.
FOLIO NO:
PROPERTY ADDRESS: 1413 Bermuda Rd, Marco Island, FL 34145
Date of Notice of Hearing by Certified Mail: 3/5/24
Manager Timothy Crotts, Officers Kevin Sparks and Bonnie Hunt represented the County
noting Mr. Ronald is contesting the issuance of 2 Citations issued, one for a dog Running at Large
and the other for a dog’s Injury to Person.
Officer Hunt testified:
On February 1, 2024 she was dispatched to the residence Franco Godina to investigate a dog
bite incident which occurred on January 31, 2024.
April 5, 2024
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She spoke with Mr. Godina regarding a bite inflicted by Any Ronald’s dog “Luna.” He
provided an Affidavit on the incident.
After meeting with Mr. Godina and obtaining photos, she proceeded to Mr. Ronald’s
residence and met with him. He notified her he was walking his dog when it escaped his
control, but it did not bite Mr. Godina.
“Luna” was quarantined and released on February 10, 2024.
Evidence Entered: Exhibit 1-2: Photos dated 2/1/24
Exhibit 3: Affidavit of Franco Godina
Exhibit 4: 1 photo of “Luna”
Exhibit 5: Quarantine Form
Officer Sparks testified:
“Luna” was released on February 10, 2024 from quarantine and he visited Mr. Ronald’s
home on February 11, 2024 to issue the Citations.
On February 17, 2024 he made a follow up visit to Mr. Godina’s home who notified him
during the incident, Mr. Ronald was 10 – 15 feet away from him coming to retrieve the dog
when the bite occurred. He didn’t realize there was an injury until he was back in his home,
and he called the police to report the event.
On February 17, 2024 he spoke to John Wagen who notified him he accompanied Mr.
Ronald and his dogs on the walk and was present when Mr. Godina exited his residence.
Upon seeing Mr. Godina and his dog, “Luna” got loose, and Mr. Ronald ran after the
dog to retrieve it.
Upon return from retrieving the dog, Mr. Ronald asked him if he should go knock on
the door and apologize to Mr. Godina and he told him he wouldn’t advise it and they
should move on.
On April 1, 2024 he visited the Godina residence and obtained information on the case.
Evidence Entered: Exhibit 6: City of Marco Island Police Report
Exhibit 7: Neighborhood map depicting area of the incident
Exhibit 8: 1st offense Citation issued 12/24/23 – Running at Large
Exhibit 9: 1st offense Citation issued 12/24/23 - Injury to Person
Exhibit 10: 2nd offense Citation issued 2/10/24 – Running at Large
Exhibit 11: 2nd offense Citation issued 2/10/24 – Injury to Person
Mr. Godina testified he provided an affidavit on the incident and was walking his small dog in the
yard when he heard a dog barking and “Luna” running at them. He picked up his dog to protect it
and “Luna” jumped up on him. He didn’t realize he was bitten until he was back inside his home.
Mr. Ronald noted if his dog had contacted Mr. Godina he would have been knocked to the ground
and if a bite occurred there would be more substantial injuries. He based the comment on the large
size of his dog.
John Wagen testified he provided an affidavit and was with Mr. Ronald when the incident
occurred. He clarified Mr. Ronald queried if he should knock on the door of Mr. Godina’s home.
He recommended they simply move on and at no point did Mr. Ronald ask him if he should
apologize for a dog bite.
Evidence Entered: Exhibit 12: Affidavit of John Wagen
April 5, 2024
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Mr. Ronald apologized to DAS Officers for his conduct on February 11, 2024 when the Citations
were issued. He presented his case and testified:
The police report and eyewitness accounts are conflicting but acknowledges he lost control
of his dog.
He has resided in the neighborhood for 23 years, changed his route to walk his dog and
acquired a stronger leash.
The map depicted as Exhibit #7 is accurate and when “Luna” escaped he ran after her and
got within 1-2 feet from her and retrieved the dog.
Evidence Entered: Exhibit 1 – 18: Photos of “Luna”
Special Magistrate Neale asked if medical treatment was sought because of the incident to which
Mr. Godina responded yes and provided documentation.
Evidence Entered: Exhibit 13: Franco Godina Medical Report 2/5/24
In closing, Manager Crotts stated the County has proven its case and provided witness testimony
and affidavits. The victim sought medical treatment and Mr. Ronald acknowledged the dog escaped
his control.
In closing Mr. Ronald stated if his dog contacted Mr. Godina, he would have only gotten scratched
or been knocked to the ground. He never received any notification of medical treatment or a request
to pay the bill associated with the office visit.
Manager Crotts noted for each offense, the Ordinance provides for a fine may be imposed of not
more than $500.00. He recommended a fine of $350.00, Operational Costs of $50.00 and an
Administrative Fee of $7.00 be paid for each case.
Special Magistrate Neale, after hearing the testimony and reviewing the Evidence found the
Respondent in violation of the Ordinance for both cases. He noted Case #14 for Injury to Person
is a 2nd offense. He ordered him to pay a fine of $350.00, Operational Costs of $50.00 and a
$7.00 Administrative Fee for a total amount of $357.00 for Case #15 (Running at Large) and a
Fine of $500.00, Operational Costs of $50.00 and an Administrative Fee of $7.00 for Case #14
(Injury to Person). The total amount due is $914.00 to be paid within 30 days of this hearing.
Recessed: 11:33am
Reconvened: 11:43am
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CENA20230003093
OWNER: Phillip R Carr
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179 and 54-181, and Collier County Land Development Code 04-41, as
amended Sections 1.04.01(A) and 2.02.03. Outside storage and/or litter on
industrial zoned property without the proper County approvals or site
development plans.
FOLIO NO: 246320007
April 5, 2024
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PROPERTY ADDRESS: 1900 J and C Blvd, Naples, FL 34108
Supervisor Ambach represented the County testifying substantial progress has been made in
abating the violation and estimates the remaining work should be completed within 30 days.
Phillip Carr, Laura Lou Roth Carr and Laura Lou Roth were present.
Special Magistrate Neale GRANTED an Extension of Time of Compliance Deadline until the
May 2024 hearing date.
VII. PUBLIC HEARINGS (Continued)
A. HEARINGS
16. CASE NO: CEEX20240002526-DAS-V24-019452
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 02/23/24 at 1:07pm, 4th offense,
“Choppa”.
FOLIO NO:
PROPERTY ADDRESS: 301 Jefferson Ave W, Immokalee, FL 34142
Date of Notice of Hearing by Certified Mail: 3/5/24
The Respondent was not present.
Manager Timothy Crotts, Officer Olivia Martinez represented the County.
Officer Martinez testified she was on a compliance check on 2/23/24 when she observed the dog
tethered in the yard in the same area as the previous offenses.
Evidence Entered: Exhibit 1: Prior Special Magistrate Order
Exhibit 2: 4th Offense Citation 2/23/24
Exhibit 3: 1 photo of Choppa tethered 4th offense
Exhibit 4: Additional photo of Choppa tethered 4th offense
Exhibit 5: Aerial photo of location
Manager Crotts recommended a fine of no more than $500.00 be imposed, and the Respondent be
ordered to pay Operational Costs in the amount of $50.00 and an Administrative Fee of $5.00.
Special Magistrate Neale, after hearing the testimony and reviewing the Evidence found the
Respondent in violation of the Ordinance and ordered him to pay a fine of $500.00, Operational
Costs of $50.00 and a $7.00 Administrative Fee for a total amount of $557.00 to be paid within 30
days of this hearing.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS (Continued)
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20210008280
OWNER: Realand Inv Inc
OFFICER: Thomas Pitura
April 5, 2024
12
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
demolition.
FOLIO NO: 60080280000
PROPERTY ADDRESS: 343 Airport Road N, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 3/7/24
Date of Property/Courthouse Posting: 3/9/24
Officer Pitura represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6123 Page: 3001
Fine Amount: $200.00/day
Duration: 655 days
Total Fine Amount: $131,000.00
Unpaid Operational Costs: $111.90
Total to Date: $131,111.90
Cases #1 and 2 were combined.
The testimony by Jason Hayes, Realand Inv, Inc. and John Antonas of Omega Construction
for both cases was heard under Case #2.
Special Magistrate Neale noted the violation has been abated and after reviewing the gravity of
the violation, actions taken by the Respondent and the existence of any previous violations
GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of
$1,361.90 ($1,250.00 in fines and $111.90 for the Operational Costs). Said amount payable
within 30 days of this hearing and to become a lien on the property.
2. CASE NO: CESD20210007669
OWNER: Realand Inv Inc
OFFICER: Thomas Pitura
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
renovations and alterations.
FOLIO NO: 60080240008
PROPERTY ADDRESS: 341 Airport Road N, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 3/7/24
Date of Property/Courthouse Posting: 3/9/24
Officer Pitura represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6123 Page: 3001
Fine Amount: $200.00/day
Duration: 655 days
Total Fine Amount: $131,000.00
Unpaid Operational Costs: $111.90
Total to Date: $131,111.90
Jason Hayes, Realand Inv, Inc. and John Antonas of Omega Construction testified.
April 5, 2024
13
Abating the violation was a long process and they requested the fines rquested to be
imposed be waived.
During October and November of 2023, the inspections for the Demolition Permits were
completed and the County “closed out” the permits.
They originally applied for permits on 2/24/22 and initiated work before they were granted
causing the 3/4/22 issuance of the violation.
There was some confusion about whether permits were required for the additional work,
and they spent 14 months dealing with the permitting department.
The company has spent a substantial amount of money abating the violation and requested
the fines be waived as they have complied with the Ordinance.
Director Iandimarino objected to a full waiver as the work was initiated without permits.
Special Magistrate Neale noted the violation has been abated and after reviewing the.
gravity of the violation, actions taken by the Respondent and the existence of any previous
violations GRANTED the County’s Motion for Imposition of Fines and Liens for an amount
due of $1,361.90 ($1,250.00 in fines and $111.90 for the Operational Costs) for each case. The
total amount due of $2,723.80 to be paid within 30 days from this hearing and to become a lien
on the property.
4. CASE NO: CEV20230005442
OWNER: Gordon L Ward
OFFICER: Charles Marino
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
Officer Marino represented the County and testified the violation has not been abated amassing
fines and costs in the amount of $3,601.90. There were originally 30 vehicles which needed to be
removed from the property with only 1 remaining at this time. The remaining truck has a valid
registration but is inoperable.
Gordon Ward testified he is repairing the truck which remains and if unsuccessful, it will be
removed from the site. He requested a 60 day continuance in the case.
Special Magistrate, after hearing the testimony CONTINUED the case until the May 2024
hearing date with fines continuing to accrue.
5. CASE NO: CESD20220007357
OWNER: Anne Lozynski
OFFICER: Adam Collier
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). Commencing
construction prior to issuance of required Collier County building permits.
FOLIO NO: 74760360003
PROPERTY ADDRESS: 1049 Sperling Ave, Naples, FL 34103
Supervisor Ambach represented the County testifying the violation has been abated but not in
the prescribed time frame.
Special Magistrate Order: No. 6261Page: 1621
April 5, 2024
14
Fine Amount: $100.00/day
Duration: 90 days
Total Fine Amount: $9,000.00
Unpaid Operational Costs: $223.45
Total to Date: $9,223.45
Ms. Lozynksi and Jose Lairet were present.
Mr. Lairet testified there were contractor issues which delayed abating the violation. They ended
up relocating and elevating the structure on site themselves.
Director Iandimarino noted the original work commenced without a permit.
Special Magistrate Neale noted the violation has been abated and after reviewing the gravity of
the violation, actions taken by the Respondent and the existence of any previous violations
GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of
$411.75 ($300.00 in fines and $111.75 for the Operational Costs for today’s hearing). Said
amount payable withing 30 days from this hearing and to become a lien on the property.
6. CASE NO: CEROW20200007860
OWNER: Robert P Richman
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a), (C)(1)(f), (C)(1)(h), and 22-228(1). A driveway access with a
culvert pipe that does not conform to the requirements of the Collier County
right-of-way handbook.
FOLIO NO: 37929240008
PROPERTY ADDRESS: 4160 11th Avenue SW, Naples, FL 34116
Supervisor Holmes represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6195 Page: 2598
Fine Amount: $150.00/day
Duration: 174 days
Total Fine Amount: $26,100.00
Unpaid Operational Costs: $111.90
Total to Date: $26,211.90
Mr. Richman testified contractor and financial issues delayed abating the violation. The original
order was issued just before Hurricane Ian made landfall in Florida causing shortages in
contractor availability. To abate the violation, he had to borrow money from friends. He stayed
in communication with the Code Enforcement Officers and other County officials who were
extremely helpful when dealing with the case.
Special Magistrate Neale noted the violation has been abated and after reviewing the gravity of
the violation, actions taken by the Respondent/existence of previous violations DENIED the
County’s Motion for Imposition of Fines and Liens.
9. CASE NO: CESD20230007407
OWNER: PACIFICA LAUREL RIDGE LLC C/O PACIFICA COMPANIES LLC
OFFICER: Brian Owen
April 5, 2024
15
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 5542 Laurel Ridge Ln, Unit 98, Naples, FL 34116
Officer Owen represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $45,973.55.
Gheann Ramos, Property Manager represented the Respondent testifying contractor issues
have delayed abating the violation, but they now have a General Contractor who filed a permit
application on 3/18/24. The County issued a correction letter which is in the process of being
addressed.
Special Magistrate Neale CONTINUED the case until the May 2024 hearing date but ordered
Operational Costs in the amount of $223.55 be paid within 14 days of this hearing.
10. 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 5.04.06(F)(4)(e). Commercial zoned business has signage
on all business front windows/doors that exceed 25% and/or 2.25 square feet of
illuminated signage. 2 windows have prohibited accent lights around them.
FOLIO NO: 36304560003
PROPERTY ADDRESS: 2010 Santa Barbara Blvd, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 3/14/24
Date of Property/Courthouse Posting: 3/8/24
Officer Owen represented the County testifying the violation has been abated but not in the
prescribed time frame amassing fines and costs in the amount of $28,111.90.
Special Magistrate Order: No. 6309 Page: 1236
Fine Amount: $250.00/day
Duration: 112 days
Total Fine Amount: $28,000.00
Unpaid Operational Costs: $111.90
Total to Date: $28,111.90
Mustafa Masoud, tenant submitted a document authorizing his representation for the
Respondent.
Special Magistrate Neale noted the document was not notarized as required and intends to
continue the Case until the May hearing date.
Manager Letourneau objected to a Continuance and requested the matter be resolved today and
noted Officer Owen has spoken to the owner of the property.
Officer Owen testified he spoke to the owner who acknowledged Mr. Masoud would be
representing him at today’s hearing.
Based on the testimony, Special Magistrate Neale allowed the hearing to continue.
April 5, 2024
16
Mr. Masoud offered an apology to the County over the case noting there were misunderstandings
during the process and what counted as window coverings, signage, etc. This is the first business
he has established and owns it in conjunction with his younger brother who was unaware of the
rules. Following discussions with the County and a review of the site, he has complied with the
Ordinance.
Officer Owen expressed concern during the original violation in November of 2023, he removed
the signage and complied but redisplayed them within 24 hours.
Mr. Masoud acknowledged that was a mistake by his brother.
Manager Letourneau testified there was some confusion over the requirements of the Ordinance
and agreed the amount of the fine proposed to be imposed is exorbitant for a window signs case.
Special Magistrate Neale noted the violation has been abated and after reviewing the gravity of
the violation, actions taken by the Respondent and the existence of any previous violations
GRANTED the County’s Motion for Imposition of Fines and Liens for a total amount due of
$611.90 ($500.00 in fines and $111.90 for the Operational Costs for today’s hearing). Said
amount payable withing 30 days from this hearing and to become a lien on the property.
11. CASE NO: CEPM20220001115
OWNER: Royal Palm Vacation Rentals LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-231(11), 22-231(12)(b), 22-231(12)(o), 22-231(12)(p), 22-231(12)(c), 22-
231(12)(q) and 22-231(12)(i). Damages caused by fire consisting of but not
limited to the garage door, interior and exterior doors, roof, ceiling and walls,
electrical system, ripped and or missing screens and broken windows.
FOLIO NO: 35758000000
PROPERTY ADDRESS: 4448 18th Ave SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 3/14/24
Date of Property/Courthouse Posting: 3/8/24
Officer Musse represented the County testifying the violation has been abated but not in the
prescribed time frame amassing fines and costs in the amount of $103,111.95.
Special Magistrate Order: No. 6215 Page: 917
Fine Amount: $250.00/day
Duration: 412 days
Total Fine Amount: $103,000.00
Unpaid Operational Costs: $111.95
Total to Date: $103,111.95
Michael and Nicole Olsen of Royal Palm Vacation Rentals, LLC testified:
The property was purchased without disclosure by the previous owner or others involved
in the closing process that there was a violation existing on the property.
They were notified about the violation by the County approximately 30 days after closing
and immediately began dealing with the case.
They originally engaged a contractor who indicated the existing structure could be rebuilt
in its current state and paid him a substantial amount of money only to find out FEMA
regulations required the structure to be removed and reconstructed.
April 5, 2024
17
Special Magistrate Neale noted the Respondent was unaware of the violation when the property
was acquired and abated. After reviewing the gravity of the violation, actions taken by the
Respondent and the existence of any previous violations DENIED the County’s Motion for
Imposition of Fines and Liens.
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 – MAY 3, 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 1:10 PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
________________________________
Patrick H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on _________________________, as presented ____,
or as amended ________.
April 5, 2024
COLLIER COUNTY S ECIAL MAGISTRATE
HEARING 7/"-'
Pr'
7/
Patri H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on '57 , as presented
or as amended
18