CESM Minutes 05/03/2024 May 3, 2024
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, May 3, 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
May 3, 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: 9:14am
Reconvened: 9:30am
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: CESD20230005491 - Santiago D Bazan
3. CASE NO: CESD20230003643 - Kimberly J Hall or Christopher K Hall
5. CASE NO: CEPM20230010809 - WALTHAM RIVERS EDGE LLC
12. CASE NO: CEPM20230009807 - Freda Lynn McMillin
13. CASE NO: CEV20230010126 - Freda Lynn McMillin
14. CASE NO: CEPM20230008988 - Marianne Kral
15. CASE NO: CENA20230005399 - Norma E Wiseman Hancock Est
16. CASE NO: CESD20230004155 - Patricia Gibboni
17. CASE NO: CESD20220002913 - Margarita Granados
20. CASE NO: CESD20230007583 - Robert Nofsinger
Under Item VII.A– Hearings, the following cases were withdrawn:
8. CASE NO: CEVR20230010086 - EDGEWATER I AT CARLTON LAKES A CONDOMINIUM
C/O THE WARNER CORP
9. CASE NO: CEPM20230008345 - Phillip T McKee
10. CASE NO: CENA20240001044 - Gregory Pawlas
11. CASE NO: CEV20230011081 - Gregory Pawlas
15. CASE NO: CENA20230005399 - Norma E Wiseman Hancock Est
19. CASE NO: CEPM20220002333 - TREETOPS OF NAPLES
22. CASE NO: CELU20230010505 - A & T INVESTMENT LLC
23. CASE NO: CEVR20220010806 - Luc Goemaere and Liping Wu
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
1. CASE NO: CEROW20210000627 - Kanokwan C Thamnasen
8. CASE NO: CEOCC20210011891 - ANDREW’S VENTURE’S LLC
May 3, 2024
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9. CASE NO: CEVR20230000832 - EDISON VILLAGE PROPERTY OWNERS’ ASSOCIATION
INC C/O REGIONS CORP REAL ESTATE
12. CASE NO: CESD20230001769 - 12275 COLLIER BLVD LAND TRUST
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the April 5, 2024 hearing were approved by Special Magistrate Neale.
V. MOTIONS
A. MOTION FOR CONTINUANCE
None
B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE
2. CASE NO: CESD20220007518
OWNER: Harry Seaman III and Loren B Seaman
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(a)
and 10.02.06(B)(1)(e)(i). Built a chickee hut on top of a deck without a
required Collier County permit.
FOLIO NO: 1057280005
PROPERTY ADDRESS: 307 Pettit Dr, Goodland, FL 34140
Officer Owen represented the County.
Zach Lombardy, Attorney represented the Respondent requesting a 60 extension in the case as an
application for a demolition permit has been filed for removal of the chickee hut.
Special Magistrate Neale GRANTED the Motion for an Extension of Compliance Deadline to
the July 2024 hearing date.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
2. CASE NO: CESD20230005491
OWNER: Santiago D Bazan
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). Two unpermitted structures in the rear of
property. Additionally, the outdoor grill needs permit.
FOLIO NO: 36239120000
PROPERTY ADDRESS: 5114 19th Ct SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/16/24
Officer Owen requested the hearing.
The Stipulation was entered into by Santiago Bazan on May 3, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
May 3, 2024
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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 Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the unpermitted structures and outdoor grill by the
August 2024 Special Magistrate hearing date 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
3. CASE NO: CESD20230003643
OWNER: Kimberly J Hall or Christopher K Hall
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). Carport extension
and roof work with no permits.
FOLIO NO: 153200003
PROPERTY ADDRESS: 1613 W Mount Vernon Ln, Naples, FL 34110
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/17/24
Officer Collier requested the hearing.
The Stipulation was entered into by Chris Hall on May 2, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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 Demolition Permits, Inspections and
Certificate of Completion/Occupancy for construction of the carport and the re-roof by the
November 2024 Special Magistrate hearing date 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
5. CASE NO: CEPM20230010809
OWNER: WALTHAM RIVERS EDGE LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1), 22-231(12)(i), 22-231(12)(p) and 22-231(19). Elevated spore count in the
A/C handler and dining room A/C duct as stated in the mold and water damage from
May 3, 2024
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QCI. Water damages to the drywall in the A/C handler closet, bathroom, bedroom,
and kitchen pantry as stated in the mold and water damage report from QCI. Pest
infestation. Ripped screen panel on the lanai and damages to the ceiling located in
the kitchen and dining room.
FOLIO NO: 46573002162
PROPERTY ADDRESS: 150 Santa Clara Dr. Unit #13, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/15/24
Officer Musse requested the hearing.
The Stipulation was entered into by David H. Marcou, Jr. on May 1, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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. Hire a licensed mold specialist to remediate mold from the unit by the August 2024 Special
Magistrate hearing date or a fine of $250.00 will be imposed for each day the violation
continues.
3. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and
Certificate of Completion/Occupancy to bring the property into compliance with the Collier
County Property Maintenance Code by the August 2024 Special Magistrate hearing date or a
fine of $250.00 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
12. CASE NO: CEPM20230009807
OWNER: Freda Lynn McMillin
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Two wooden decks
constructed beside RV’s and alterations to electrical and plumbing system to supply
power and water to RV’s. Improvements and alterations were done without required
Collier County permits.
FOLIO NO: 26085240005
PROPERTY ADDRESS: 375 Smallwood Dr, Chokoloskee, FL 34138
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/17/24
Officer Joseph requested the hearing.
The Stipulation was entered into by Freda Lynn McMillin on April 17, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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.
May 3, 2024
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2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the wooden decks, electrical poles and plumbing
connections by the November 2024 Special Magistrate hearing date 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
13. CASE NO: CEV20230010126
OWNER: Freda Lynn McMillin
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-
95. Two residential vehicles parked on property used for sleeping/rental purposes.
One RV has an expired registration and the other has no registration affixed. FOLIO
NO: 26085240005
PROPERTY ADDRESS: 375 Smallwood Dr, Chokoloskee, FL 34138
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/17/24
Officer Joseph requested the hearing.
The Stipulation was entered into by Freda Lynn McMillin on April 17, 2024.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and 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 and affix a current valid license plate to the vehicle, or store said vehicle in a
completely enclosed structure or remove the said vehicle from residentially zoned area by the
June 2024 Special Magistrate hearing date 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
14. CASE NO: CEPM20230008988
OWNER: Marianne Kral
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(15). Spa is green, stagnant, and not properly maintained.
FOLIO NO: 74413400003
PROPERTY ADDRESS: 3416 Okeechobee St, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/17/24
May 3, 2024
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Officer Musse requested the hearing.
The Stipulation was entered into by Marianne Kral on May 2, 2024.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and ordered to:
1. Pay the Operational Costs of $111.65 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 within 14 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: $111.65
16. CASE NO: CESD20230004155
OWNER: Patricia Gibboni
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Dock constructed on
property without required Collier County Permit(s).
FOLIO NO: 49530720002
PROPERTY ADDRESS: 12 Creek Cir, Naples, FL 34114
Date of Notice of Hearing by Certified Mail: 4/12/24
Date of Property/Courthouse Posting: 4/17/24
Officer Joseph requested the hearing.
The Stipulation was entered into by Patricia Gibboni on April 30, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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 Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the prescribed structure by the November 2024
Special Magistrate hearing date 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
17. CASE NO: CESD20220002913
OWNER: Margarita Granados
May 3, 2024
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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). Modifications and
additions made to the mobile home that require a Collier County Building permit(s).
FOLIO NO: 293400006
PROPERTY ADDRESS: 237 Polk Pl, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/15/24
Officer Pitura requested the hearing.
The Stipulation was entered into by Margarita Granados on May 3, 2024.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and 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 Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the modification and additions made by the August
2024 Special Magistrate hearing date 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
20. CASE NO: CESD20230007583
OWNER: Robert Nofsinger
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Exterior staircase,
new 3-ton A/C unit and new mini-split unit installed without first obtaining the
required Collier County permits.
FOLIO NO: 46371080001
PROPERTY ADDRESS: 578 Coconut Ave, Goodland, FL 34140
Date of Notice of Hearing by Certified Mail: 4/12/24
Date of Property/Courthouse Posting: 4/17/24
Officer Joseph requested the hearing.
The Stipulation was entered into by Robert Nofsinger on April 29, 2024.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and 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 Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the described structure(s)/alterations by the
September 2024 Special Magistrate hearing date or a fine of $200.00 per day will be imposed
until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
May 3, 2024
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Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
VII. PUBLIC HEARINGS
A. HEARINGS
6. CASE NO: CENA20240001559
OWNER: Julio Garcia
OFFICER: Doug Williams
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. The outside storage of, but not limited to, car
parts, plastic bags, tires, inoperable vehicles, tools, and trash debris all over side
of the house and the front yard.
FOLIO NO: 62264080008
PROPERTY ADDRESS: 5305 Trammell St, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/15/24
Julio Garcia was present.
Officer Williams represented the County.
Evidence Entered: Exhibits 1-4: Photos dated 2/14/24
Exhibits 5-7: Photos dated 2/29/24
Exhibits 8-11: Photos dated 5/2/24
Officer Williams testified:
• He was on patrol when he observed debris on the Respondent’s property and issued a
Notice of Violation.
• He met with the Respondent on 2/28/24 and informed him of the measures needed to be
taken to comply with the Ordinance.
• The issue is a repeat violation which was heard at the 7/1/22 Special Magistrate hearing.
• Multiple follow up site visits have been conducted to the property and the violation is 90
percent abated.
Mr. Garcia noted medical issues delayed him removing the debris which accumulated and the
wood remaining on site is for repairs to the fence.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and 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. 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 21 days of this hearing or a fine of $100.00 will be imposed for
each day the violation remains.
4. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
May 3, 2024
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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
18. CASE NO: CESD20230004157
OWNER: Denise Brudzinski
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Dock was added to property in 1995 without a building
permit.
FOLIO NO: 49530640001
PROPERTY ADDRESS: 10 Creek Circle, Naples, FL 34114
Date of Notice of Hearing by Certified Mail: 4/12/24
Date of Property/Courthouse Posting: 4/17/24
Denise Beckley (formerly Brudziniski) was present.
Officer Williams represented the County.
Evidence Entered: Exhibit 1: Property Appraiser property details page
Exhibits 2: 1989 aerial photo
Exhibits 3: 1996 aerial photo
Exhibit 4: 2019 aerial photo
Exhibit 5: 2023 aerial photo
Exhibit 6: Photo dated 3/9/24
Exhibits 7-9: Photos of dock
Exhibit 10: Building permit file for construction of mobile home
Officer Joseph testified:
• The case revolves around a complaint filed regarding a dock without the proper reflectors
or house number displayed.
• Upon investigation it was determined the dock was constructed in 1995 without a permit.
• The case was heard by the Special Magistrate on February 2, 2024 and a continuance was
granted to determine any avenues available for permitting the dock.
• After a thorough investigation, it has been determined by a County Official, the affirmative
defense was not applicable as there were alterations added to the dock after the original
construction.
Ms. Beckley testified:
• She engaged a Marine consultant to perform an evaluation of the dock and submit the
information to the County.
• The consultant determined the dock, which was constructed by the prior owner, is in great
condition.
• Her deceased husband added the boat lift in 2019 and at that time contacted the County and
was informed a permit was not required.
• She does not have the funds to undertake the measures necessary to permit the dock.
Special Magistrate Neale noted a County Official does not have the authority to rule on an
affirmative defense case and the action is within his purview. Based on his knowledge of the case
May 3, 2024
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the original dock legally exists, however permits are required for the elements added since it was
first constructed in 1995.
Manager Letourneau noted the County does require a permit for a boat lift and the electrical
connection associated with operation of the equipment.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and ordered
to:
1. Pay Operational Costs in the amount of $111.90 incurred in the prosecution of this case
within 30 days of this hearing.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit, Inspections
and Certificate of Completion/Occupancy for the elements added to the dock since the
original construction within 180 days of this hearing or a fine of $50.00 per day will be
imposed until the violation is abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.90
Recessed: 11:15am
Reconvened: 11:30am
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEVR20210000625
OWNER: Kanokwan C Thamnasen
OFFICER: Cristina Perez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section
110-31(a) and Collier County Land Development Code 04-41, as amended,
10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Culvert pipe and
dirt added in the right of way without obtaining required Collier County permits.
FOLIO NO: 41442960000
PROPERTY ADDRESS: 4344 32nd Ave SE, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/16/24
Nikita Kravcik, Ms. Thamnasen’s husband was present.
Supervisor Perez represented the County testifying the violation has been abated due to the area
naturally revegetating. The area in question comprises approximately 400 sq.ft. of a 1.14 acre lot
where the underbrush and 2 distressed trees were removed.
Special Magistrate Order: No. 6090 Page: 705
Fine Amount: $100.00/day
Duration: 365 days
Total Fine Amount: $36,500.00
Unpaid Operational Costs: $112.10
May 3, 2024
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Total to Date: $36,612.10
Mr. Kravcik testified he is from Europe and was unaware clearing the underbrush was a
violation of a County Ordinance and the vegetation regrew.
Manager Letourneau noted the large amount of the fines accrued do not reflect the minimal
nature of the violation.
Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s
Motion for Imposition of Fines and Liens in the amount of $612.10 ($500.00 in fines and
$112.10 in Operational Costs). Said amount to become a lien on the property.
VII. PUBLIC HEARINGS
A. HEARINGS
21. CASE NO: CENA20240000300
OWNER: Angel G Palmas
OFFICER: Rickey Migal
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section
54-179, and Collier County Land Development Code 04-41, as amended,
Section 2.02.03. Litter, debris, equipment, and other materials laying on the
ground on this improved, Estates zoned property.
FOLIO NO: 38342840547
PROPERTY ADDRESS: 6341 Green Blvd, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 4/17/24
Date of Property/Courthouse Posting: 4/18/24
Angel Palmas was present.
Officer Migal represented the County and testified:
• On January 11, 2024 he was conducting a property inspection next door to the Respondent
when he observed the violation.
• On January 16, 2024 a Notice of Violation was issued and the property is subject to a repeat
offense stemming from incidents in 2020 and 2022.
• As of February 20, 2024 the violation was abated but he requested a finding be made that
the property was in violation at the time the Notice was issued.
Evidence Entered: Exhibit 1: Consent form to enter the neighbor’s property
Exhibits 2-6: Photos dated 1/11/24
Mr. Palmas testified he recycles products on his property and was working on the swimming pool
heaters in his yard.
Special Magistrate Neale notified Mr. Palmas the activity is not permitted and advised no further
violations of this nature should occur on the property.
Special Magistrate Neale found the Respondent a violation of the referenced code existed at
the time the Notice was served for the accumulation of littter and/or prohbitied outdoor
storage and ordered him to pay Operational Costs in the amount of $111.65 incurred in the
prosecution of this case within 30 days of this hearing.
May 3, 2024
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Total Amount Due: $111.65
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CELU20230007578
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Dee 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 54181. 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
Jose Jaramillo was present.
Officer Pulse represented the County reporting the violation was abated but not in the prescribed
time frame.
Special Magistrate Order: No. 6339 Page: 1536
Fine Amount: $100.00/day
Duration: 55 days
Total Fine Amount: $5,500.00
Unpaid Civil Penalty: $250.00
Unpaid Operational Costs: $223.45
Total to Date: $5,973.45
She noted it is a re-occurring violation with a case heard in 2019.
Mr. Jaramillo testified the items are from a handyman and cleaning business he runs out of his
home and he had trailers and materials on site. He wasn’t aware of the prior hearing in March
and didn’t appear but every time the County asks him to clean up the area he complies. In this
case, the debris was removed 30 days ago.
Special Magistrate Neale noted he was served notice by the County by USPS mail, it took 62
days to abate the violation and he failed to pay the previous Civil Fines and Operational Costs
imposed by the County.
Mr. Jaramillo reported he is busy and doesn’t open his mail so he wasn’t aware of the Order.
Special Magistrate Neale noted not opening or reading mail is not an excuse for not complying
with the Order.
Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s
Motion for Imposition of Fines and Liens in the amount of $5,973.45. Said amount payable
within 30 days and to become a lien on the property.
4. CASE NO: CEV20230009115
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Dee 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.
May 3, 2024
14
FOLIO NO: 22670480009
PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112
Jose Jaramillo was present.
Officer Pulse represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6339 Page: 1359
Fine Amount: Part A: $100.00/day; Part B: $50.00/day
Duration: Part A: 3 days; Part B: 10 days
Total Fine Amount: $800.00
Unpaid Civil Penalty: $500.00
Unpaid Operational Costs: $223.55
Total to Date: $1,523.55
Special Magistrate Neale, after reviewing the factors of the case and noting the violations were
quickly remedied, GRANTED the County’s Motion for Imposition of Fines and Liens in the
amount of $723.55 ($500.00 in Civil Penalty and $223.55 in Operational Costs). Said amount
payable within 30 days and to become a lien on the property.
6. CASE NO: CESD20190005229
OWNER: Jean Wilner Dorlis and Orriane Dorlis
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Permit # PRBD20180953285, issued for a new open porch
on an existing slab, was expired.
FOLIO NO: 77390001344
PROPERTY ADDRESS: 13452 Covenant Road, Naples, FL 34114
Orriane Dorlis was present.
Supervisor Mucha represented the County testifying the violation was abated July 13, 2022,
within the prescribed timeframe given of August 2, 2022. The permit was not finalized until
March 13, 2023 amassing fines and costs in the amount of $22,511.85. The abatement required
reactivating the permit and obtaining a variance for the porch which violated the setback
requirements by 6 inches.
Special Magistrate Neale, after reviewing the factors in the case DENIED the County’s Motion
for Imposition of Fines and Liens.
7. CASE NO: CEAU20230009491
OWNER: BERNHARDT FAMILY TRUST
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
5.03002(F)(3). Chain link fence in disrepair around entire parcel.
FOLIO NO: 60780560004
PROPERTY ADDRESS: NO SITE ADDRESS
Mariano Bernhardt was present.
Supervisor Mucha represented the County testifying the violation was abated but not in the
prescribed time frame amassing fines and costs in the amount of $3,111.75. Mariano Bernhardt,
the new property owner was unaware of the violation when they acquired the property and
subsequently performed the abatement.
May 3, 2024
15
Special Magistrate Neale, after reviewing the factors in the case DENIED the County’s Motion
for Imposition of Fines and Liens.
11. 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
Gheann Ramos, Property Manager represented the Respondent.
Officer Owen represented the County and testified the violation has not been abated amassing
fines and costs in the amount of $67,085.40. Previously imposed Operational Costs in the amount
of $335.40 have not been paid.
Ms. Ramos testified the permit for the work necessary to abate the violation is being issued today.
Special Magistrate Neale CONTINUED the case until the June Special Magistrate hearing date
with fines ceasing to accrue. Operational Costs of $335.40 must be paid prior to the June
hearing date.
VII. PUBLIC HEARINGS
A. HEARINGS
4. CASE NO: CENA20240000922
OWNER: Fortino Mendez
OFFICER: Charles Marinos
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, Section
54-179. An improved Estates zoned property with litter and prohibited outdoor
storage on site. Recurring violation, mandatory hearing.
FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/19/24
Fortino Mendez was present.
Officer Marinos represented the County and testified:
• The case involves a complaint filed on January 24, 2024 for a re-occurring violation.
• He was denied access to inspect the property, however Mr. Mendez informed him the items
are related to his business.
• On May 2, 2024 he was granted access to the property by Virginia Mendez and he
performed the inspection and observed the items in violation of the Ordinance.
Evidence Entered: Exhibit 1: Photo dated 1/24/14
Exhibit 2: 4/17/24
Exhibit 3-14: Photos dated 2/3/24
May 3, 2024
16
Mr. Mendez testified he has a Tax Receipt and Zoning Certificate issued to conduct the business
on his property and the items are related to the activity.
Manager Letourneau accessed a copy of Zoning Certificate PL20220004014 issued to Mr.
Mendez, and it states “There shall be no outside storage of goods or products, except plants.
Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may
be used for plant storage. Parking or storage of commercial vehicles or equipment shall be
allowable only in compliance with the requirements for commercial vehicles in the County
Code.”
Special Magistrate Neale noted the property has been subject to repeated violations and Mr.
Mendez needs to address the issues and cease violating the Ordinance.
Special Magistrate Neale found the Respondent GUILTYof the alleged violation and 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 7 days of this hearing or a fine of $250.00 will be imposed for
each day the violation remains.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. CASE NO: CEV20240000513
OWNER: Fortino Mendez
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 Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/19/24
Fortino Mendez was present.
Officer Marinos represented the County testifying the violation has not been abated amassing
fines and costs in the amount of $9,973.50. An inspection conducted on May 2, 2024 verified
inoperable trailers on site.
Evidence Entered: Exhibit 1: Aerial photo of property
Exhibits 2-6: Photos dated 5/2/24
May 3, 2024
17
Exhibit 7: Aerial photo of property
Special Magistrate Neale noted the ongoing issues on the property and Mr. Mendez has not paid
the previously assessed Civil Penalty or Operational Costs associated with the violation.
Mr. Mendez alleged the County never gives him proper time to abate the violations and he intends
to construct a building to house the materials on site. He needs additional time to obtain permits
and build the structure.
Special Magistrate Neale informed Mr. Mendez he has had ample time over the years to abate
violations and cease the activities leading to the ongoing issues, however he will continue the case
to allow time for Mr. Mendez to obtain permits for the building and begin construction. If the case
is continued to the July hearing date, Mr. Mendez must provide proof of a permit application and
other documentation efforts are being made to address the issues. Additionally, the continuance
without fines accruing will be subject to the past costs imposed being paid.
Special Magistrate Neale CONTINUED the case until the July 2024 Special Magistrate hearing
date with fines ceasing to accrue. The ceasing of fines accruing is contingent upon the
previously imposed Civil Penalty of $750.00 and Operational Costs of $223.50 (for a total of
$973.50) being paid within 5 days of this hearing date.
Recessed: 1:24pm
Reconvened: 1:42pm
V. MOTIONS
B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE
1. CASE NO: CESD20220003605
OWNER: Joshua Erickson and Elizabeth Erickson
OFFICER: Donald Joseph
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Dock has been
extended without first obtaining a Collier County Building permit.
FOLIO NO: 46273080002
PROPERTY ADDRESS: 237 Harbor PL N, Goodland, FL 34140
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/17/24
The Respondent was not present.
Officer Joseph represented the County testifying the Respondent has obtained a permit for
construction of a residence on the property and requested an Extension to abate the violation.
Special Magistrate Neale GRANTED the Respondent’s Motion for an Extension of Compliance
Deadline for a period of 60 days.
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEPM20230010719
OWNER: Kima Watt
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(11), 22-231(12)(b), 22- 231(12)(c), and 22-241(1). Electric
May 3, 2024
18
meter in disrepair, exterior walls and roof/soffit in disrepair, boarded windows,
lanai in disrepair.
FOLIO NO: 62411800002
PROPERTY ADDRESS: 854 109th Ave N, Naples, FL 34108
Date of Notice of Hearing by Certified Mail: 4/15/24
Date of Property/Courthouse Posting: 4/15/24
The Respondent was not present.
Officer Athey represented the County and testified the owner notified him she has health issues
and cannot abate the violation. She intends to “leave” the property to a family member and as of
May 2, 2024 the violation remains.
Evidence Entered: Exhibits 1-6: Photos dated 12/21/23
Exhibit 7: Photo dated 2/2/24
Exhibit 8: Letter from Kilma Watt
Exhibit 9: Aerial photo of property
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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 Demolition Permits, Inspections
and Certificate of Completion for all repairs to dwelling, including 3l3ctric meter, exterior
walls, roof/soffit, boarded windows and lanai 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: $111.70
7. CASE NO: CEPM20240001180
OWNER: ILONA DASBACH EST
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-231(19). Bee Infestation.
FOLIO NO: 55101000006
PROPERTY ADDRESS: 224 Pine Valley Circle, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 4/13/24
Date of Property/Courthouse Posting: 4/15/24
The Respondent was not present.
Officer Musse represented the County and testified the violation involves a complaint which he
investigated confirming the bee infestation. The property is vacant, and the prior property
management company did not have any information on who is currently responsible for the site.
Evidence Entered: Exhibits 1-3: Photos dated 2/1/24
Exhibit 4: Video dated 2/1/24
May 3, 2024
19
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and 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 the bees so that it is free from infestation within 7 days of this hearing or a fine of
$250.00 will be imposed until the violation is abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
10. 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), 22231(12)(b), 22-231(12)(i), 22-231(12)(o)
and 22-231(19). Unsanitary conditions, no electricity, no running water, damage
to the ceiling, drywall, exterior door frame, windows, exterior walls, missing
glass panel next to front door, and damages and/or missing mobile home
skirting.
FOLIO NO: 1134803509
PROPERTY ADDRESS: 215 Old Train Ln, Copeland, FL 34137
Date of Notice of Hearing by Certified Mail: 4/12/24
Date of Property/Courthouse Posting: 4/17/24
The Respondent was not present.
Officer Musse represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6330 Page: 1159
Fine Amount: $100.00/day
Duration: 84 days
Total Fine Amount: $8,400.00
Unpaid Operational Costs: $223.60
Total to Date: $8,623.60
Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s
Motion for Imposition of Fines and Liens in the amount of $8,623.60. Said amount to become
a lien on the property.
May 3, 2024
20
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.
None
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
11.1. CENA20230003093 Carr
The Respondent was not present.
Officer Ethridge reported the violation has been abated.
XII. NEXT MEETING DATE – June 7, 2024 at 9:00am
May 3, 2024
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 2:15PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
X'
Patrick H. Neale, Special Magistrate
L
Th inutes were approved by the Special Magistrate on �°� , as presented
, or as amended
21