CESM Minutes 06/07/2024 June 7, 2024
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, June 7, 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
June 7, 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: 9:10am
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:
7. CASE NO: CESD20220010237 OWNER: John A Wurtz and Maureen Wurtz
10. CASE NO: CESD20240002547 OWNER: GGC PLAZA INV LLC
17. CASE NO: CEVR20220010806 OWNER: Luc Goemaere and Liping Wu
18. CASE NO: CESD20230009960 OWNER: Kenneth J Woeste and Suanne Woeste
13. CASE NO: CESD20230009119 OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
Under Item VII.A– Hearings, the following cases were withdrawn:
2 - CEEX20240003771-SOE-240273 OWNER: Shawn P Baker
3 - CEEX20240004557-PR066064 OWNER: Justin R Brooks
4 - CEEX20240004192-PR065829 OWNER: John D Hardiman
8 – CEPM20240001322 - OWNER: 9500 VANDERBILT DR LAND TRUST
15 – CESD20230009961 - OWNER: Anthony J Cologero Jr
16 – CEROW20220010132 - OWNER: Felix Pantoja
19 – CEN20240003730 - OWNER: NAPLES INN & SUITES LLC
20 – CELU20230011064 - OWNER: 23-81 LNT LLC
21 – CEAU2024000061 - OWNER: Erasmo Avila Vizcaya and Mirtha D Zamarripa
29 – CEEX20240004717 - WNER: Jason Lilly
31 – CEEX20240004721-DAS-V24-019606 - OWNER: Craig Herzer
32 – CEEX20240004720-DAS-V24-019607 - OWNER: Craig Herzer
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the May 3, 2024 hearing were approved by Special Magistrate Neale.
V. MOTIONS
June 7, 2024
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A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS
None
B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE
This Item heard later in the meeting following Case #7, Stipulations.
C. MOTION FOR REHEARING
None
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
3. CASE NO: CEPM20230005579
OWNER: Terry A Olson
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1), 22-231(12)(l), 22-231(15), and 22-231(19). Pool that is green, stagnant,
and not properly maintained, ripped or missing screen panels from the pool
enclosure.
FOLIO NO: 38224720002
PROPERTY ADDRESS: 6001 Cedar Tree Ln, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 5/9/24
Date of Property/Courthouse Posting: 5/15/24
Officer Musse represented the County.
Special Magistrate Order: No. 6324 Page: 2932
Fine Amount: Part 3 of the Order: $250.00/day (Part 1 and 2 were previously abated)
Duration: 25 days
Total Fine Amount: $6,250.00
Unpaid Operational Costs: $112.00
Total to Date: $6,362.00
Mr. Olson testified contractor delays were the reason the violation was not abated in the
prescribed timeframe.
Special Magistrate Neale, after reviewing the factors of the case and noting the violations have
been abated GRANTED the County’s Motion for Imposition of Fines and Liens in the amount
of $362.00 ($200.00 in Civil Penalty and $112.00 in Operational Costs). Said amount payable
within 30 days and to become a lien on the property.
VI. STIPULATIONS
18. CASE NO: CESD20230009960
OWNER: Kenneth J Woeste and Suanne Woeste
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) and 10.02.06(B)(1)(e)(i). Interior renovations
inside closet area of Multifamily unit prior to issuance of Collier County permits.
FOLIO NO: 21963001963
PROPERTY ADDRESS: 6670 Alden Woods Circle Unit #102, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 5/16/24
Date of Property/Courthouse Posting: 5/23/24
June 7, 2024
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Officer Packard requested the hearing.
The Stipulation was entered into by Suann Woeste on June 7, 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 interior renovations within 90 days of this
hearing or a fine of $200.00 per day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
VII. PUBLIC HEARINGS
A. HEARINGS
27. CASE NO: CEAU20240003709
OWNER: Joseph Hunt
OFFICER: John Johnson
VIOLATIONS: Florida Building Code 7th Edition (2020) Building, Chapter 1, Section 105.1.
An unpermitted fence extension has been added to an existing fence.
FOLIO NO: 48173640003
PROPERTY ADDRESS: 2667 Lakeview Dr, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 5/22/24
Date of Property/Courthouse Posting: 5/22/24
Officer Johnson represented the County provided an overview of the case testifying it is a repeat
violation however it has been abated. The case was brought to the Special Magistrate due to the
repeat occurrence.
Evidence Entered: Exhibit 1: Aerial photo of property
Exhibit 2: Video taken 4/21/22 by adjacent landowner
Exhibit 3: 1 photo dated 4/22/24
Exhibit 4: 1 photo dated 5/12/24
Exhibit 5: Summary spreadsheet of Code Enforcement Activity
Mr. Hunt aired several grievances with the process, County Staff and the adjacent landowner
noting the extension was installed as the neighbor has a video camera aimed at his property.
Additionally, the County is unable to display his evidence submitted via email an hour before the
hearing. He motioned for the case to be continued or adjourned until his evidence may be
presented.
Special Magistrate Neale noted it is not the County’s responsibility to present his evidence and he
submitted the request an hour before the meeting while he had notice of the hearing on May 22nd.
Mr. Hunt reiterated his grievances but eventually agreed to pay the fines and costs associated with
the violation.
June 7, 2024
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Special Magistrate Neale found the Respondent was in violation of the referenced Code(s),
Ordinance(s) at the time of the Notice of Violation was issued and ordered him to pay:
1. Operational Costs in the amount of $111.65 incurred in the prosecution of this case within
30 days of this hearing.
2. A Civil Penalty of $250.00 for the repeat violation within 30 days of this hearing.
Total Amount Due: $361.65
VII. STIPULATIONS (Continued)
17. CASE NO: CEVR20220010806
OWNER: Luc Goemaere and Liping Wu
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B),
3.05.07(C)(3)(b), 3.05.07(F)(3)(a), and 3.05.07(F)(3)(g)(i)(b). Trees and vegetation
removed from lot and fill brought into lot without issuance of appropriate Collier
County permits or other approvals.
FOLIO NO: 437560003
PROPERTY ADDRESS: 360 Sabal Palm Rd, Naples, FL 34114
Date of Notice of Hearing by Certified Mail: 5/16/24
Date of Property/Courthouse Posting: 5/23/24
Officer Packard requested the hearing.
The Stipulation was entered into by Luc Goemaere and Liping Wu on June 7, 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 Mitigation Plans, Building/Vegetation Removal Permit(s),
Inspections and Certificate of Completion/Occupancy to keep the unpermitted improvements
of the property as is, or restore the property to its originally permitted condition by the October
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
V. MOTIONS
B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE
1. CASE NO: CESD20230001722
OWNER: Carmen Palmisano and Yvonne Gallegos
OFFICER: Dee Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). New porch
constructed without required Collier County permit.
FOLIO NO: 74413480007
PROPERTY ADDRESS: 3512 Okeechobee St, Naples, FL 34112
June 7, 2024
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Officer Pulse represented the County.
Ms. Palmisano requested additional time to abate the violation as a variance is required before
applying for the permit. She has filed the application for the variance and is awaiting a hearing and
requested a 9-month extension in the case.
Officer Pulse had no objection to the request.
Special Magistrate Neale GRANTED Ms. Palmisano’s request for an Extension of Time of
Compliance Deadline until the March 2025 Special Magistrate hearing date.
VII. PUBLIC HEARINGS
A. HEARINGS
Cases 22 – 26 were originally heard for a determination if the Evidence collected by the County would
be admissible in the proceedings.
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County.
Kristen Jasinski, Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
Mr. Gugino noted they are contesting the admission of the County Evidence for the case as it was an
unreasonable search and the person who granted permission did not have the authority. He cited an
Attorney General Opinion (AGO) and 2 cases for his argument.
Evidence Entered: Exhibit 1: Affidavit from Ms. Jasinski dated 6/4/24
Exhibit 2: Cover letter to the County dated 6/4/24
Exhibit 3: Letter to the County dated 4/4/24
She reviewed the Affidavit with Ms. Jasinski, and she confirmed the information provided is accurate
including:
She is the Property Manager for the site and did not authorize a search of the premises on the
date in question or prior to January 12, 2024.
No other person has permission to authorize a search of the property.
Lauren Haines, the former tenant had an agreement to rent 1 room of the 11,000 sq. ft. home.
The property has a well house located approximately 150 feet from the home.
During questioning by Mr. Tomasko Ms. Jasinski noted:
The rental agreement for Ms. Haines expired on 2/4/24 and the inspection was conducted on
1/26/24.
No other private bedrooms were entered other than Ms. Haines’s during the inspection.
Areas of the property are visible from the public street however the swimming pool is not.
She is unsure what information is available when viewing aerial photos of the property.
She does advertise rooms for rent on the internet which provides photos of the interior of the
structure.
During requestioning by Mr. Gugino, she noted:
She, nor any employee authorized a search of the property.
Ms. Haines vacated on 1/12/24 and was not present on site from that date through 1/26/24. All
possessions were removed from the room except the camera installed after 1/12/24.
Ms. Haines resided on the property for about 11 months and had access to the dining room,
living room, kitchen, pool and grounds of the property.
June 7, 2024
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During requestioning by Mr. Tomasko, she is unsure if Ms. Haines provided an email on her remaining
on site through her lease term.
Mr. Gugino noted he provided an AGO for consideration in the matter.
Special Magistrate Neale noted he and the County need time to review the opinion.
Recess: 10:41am
Reconvened: 10:55am
Mr. Gugino noted:
Under the 2 cases he cited, consent or search warrant is needed to inspect a property.
The County Consent Form does not identify the age of the person granting consent, nor is it
witnessed and is dated 2023.
A reasonable person can’t rely on the representation that someone is a rightful occupant who
may allow access to a property.
Mr. Tomasko noted:
The cases cited do not apply to these circumstances as no owner or occupant was involved.
The County has an email provided to the owner by the tenant indicating the room would be
held until the end of the leasehold terminating on 2/4/24.
The Illinois case was reversed by the US Supreme Court and the inspector reasonably believed
he had proper consent to access the property.
The cases should continue as the County has other evidence besides the property photos
obtained during a search for available public information.
The inspector reasonably believed he had authorization to search the property.
Mr. Gugino noted in Florida vs. Young they didn’t have reason to believe they had the authority to
search the premises.
Mr. Tomasko noted the case is not applicable because it involved the search for a personal computer
locked in a private office where there was an expectation of privacy and in the County’s case, the
inspector obtained written consent.
Special Magistrate Neale noted AGO 2002-27 cites owner, occupant or operator as the language for a
permittable search and Ms. Haines was an occupant.
Mr. Gugino noted the reasonableness standard may not be achieved without Officer Marinos, the
inspector present.
Supervisor Holmes noted Officer Marinos is not available, but Officer Miguel accompanied him on
the inspection and may be summoned to the proceedings.
Continued 11:17
Reconvened: 11:30
Officer Miguel testified:
He accompanied Officer Marinos and they met with the tenant who signed a consent form to
allow access to the stie.
They inspected the premises, including Ms. Haines’s room, who notified them she installed a
camera as the owner was entering the room without permission.
June 7, 2024
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They also inspected the common areas of the home and the grounds and documented items
with photographs.
He believed she was a legal occupant as she had keys and the security codes required to access
the front door to the home and her room.
During questioning by Mr. Gugino, Mr. Miguel testified:
Ms. Haines notified them she was in the process of moving out and had a few days left on her
lease.
She had a swipe card (not keys) to access the room to the best of his recollection.
During his duties he took notes on plans he obtained from County records, and it is routine for
investigators to accompany each other on inspections depending on the nature of the case.
He had the original drawings utilized in obtaining the County permit and compared the plans to
the as built condition of the home.
Mr. Gugino noted the whole case is improper and should be terminated.
The parties reviewed the “Vacation Rental Use Agreement” executed by Buoyancy, LLC and Ms.
Haines with Mr. Gugino noting the language states if the occupant vacates the room, the agreement
may be terminated.
Special Magistrate Neale, after reviewing the evidence and considering the testimony allowed the
County to enter their evidence as Attorney General Opinion 2002-27 cites the language “owner,
operator or occupant” who is allowed to authorize a search and it is clear Ms. Haines was an
“occupant” at the time of the inspection.
He noted he will weigh the evidence more heavily which was obtained during the inspection of the
property. The Florida Statute and Code allows him to consider evidence obtained by a person
reasonably doing their duties and the proceeding is not governed by the Florida Rules of Evidence.
Mr. Gugino may object to individual evidence as necessary during the hearing of the cases.
Mr. Gugino objected to the other publicly available evidence which led the County to investigate
because of the search.
Special Magistrate Neale OVERRULED the objection.
22. CASE NO: CESD20240001058
OWNER: BUOYANCY LLC
OFFICER: Charles Marinos
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). An improved
estates zoned property with extensive changes to the primary structure including
walls, electrical modifications, plumbing modifications, addition of multiple
HVAC units, deletion of wet bar/kitchen and steam rooms.
FOLIO NO: 45960240004
PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 5/22/24
Date of Property/Courthouse Posting: 5/22/24
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County.
Kristen Jasinski, Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
June 7, 2024
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Supervisor Holmes testified Officer Marinos inspected the premises after obtaining permission
from a renter (Lauren Haines) and observed and documented numerous modifications to the
structure. The Deputy Building Official determined a permit was necessary for the alterations and
no application has been filed with the County and the violation remains unabated.
Mr. Gugino objected only one code case ending in 530 is referenced in the inspection.
Supervisor Holmes noted investigation of a code complaint can lead to other issues arising during
an inspection triggering additional violations.
Special Magistrate Neale OVERRULED the objection noting proper notice was given for the
cases on 5/22/24 which specified all the code cases involved in the matter.
Evidence Entered: Exhibits 1: Determination by Deputy Building Official
Exhibit 2: Permit drawings and status
Exhibit 3: Website document showing property from knickerbock.com
Exhibits 4 - 12: 9 photos dated 1/26/24
Exhibit 13: Lease Agreement email snapshot
Exhibit 14: Membership application
Exhibit 15: Resident agreement
Mr. Gugino objected to the evidence as it was obtained during an unreasonable search of the
premises.
Special Magistrate Neale OVERRULED the objection.
Special Magistrate Neale noted the officer who took the photos (Officer Marinos) is not present to
testify.
Supervisor Holmes noted the information is accessible in the Code Enforcement database and it is
not unusual for another employee to present a case on behalf of an Officer. Officer Miguel was
present when the photos were taken.
Mr. Gugino objected to the photos of the air conditioning system as they are located outside of the
structure.
Manager Letourneau noted the renter had access to the grounds as she was harboring dogs during
the tenancy.
Mr. Gugino entered a blanket objection to the evidence as it was obtained during inspection of
another complaint.
Mr. Gugino objected to the floor plan as it may be inaccurate as the structure may not have been
built in accordance with the approved plan.
Manager Letourneau noted the plans were obtained via a records request with the County and are
part of the original permit application. To the best of his knowledge inspections were completed
and a Certificate of Occupancy was issued for the premise.
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 Building Permit(s), or Demolition Permit(s), Inspections and
Certificate of Completion/Occupancy for the unpermitted renovations of the primary
structure including but not limited to: deletion of walls, addition of walls, plumbing
modifications, electrical modifications and addition of multiple air conditioning units
June 7, 2024
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within 120 days 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
23. CASE NO: CESD20240001061
OWNER: BUOYANCY LLC
OFFICER: Charles Marinos
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). An improved
Estates zoned property with a pump house in the rear erected without permits
and including electrical and plumbing modifications.
FOLIO NO: 45960240004
PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County.
Kristen Jasinski, Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
Supervisor Holmes testified on 1/26/24, Officer Marinos met with renter Lauren Haines who
executed a consent form and entered the premise via a door entry access code and during the
inspection observed a well pumphouse built without a County permit. The Deputy Building
Official determined a permit is required for the structure and no application has been filed and the
violation remains unabated.
Evidence Entered: Exhibits 1: Determination by Deputy Building Official
Exhibit 2 - 7: Photos dated 1/26/24
Exhibit 8: Lease Agreement email snapshot
Exhibit 9: Membership application
Exhibit 10: Resident agreement
Exhibit 11: Aerial photo
Mr. Gugino objected to the photos as they are of the grounds outside of common areas not visible
from a public road. The pumphouse existed when the property was purchased.
Special Magistrate Neale noted a buyer inherits any violations which may exist on a property.
Supervisor Holmes noted the structure is visible on the aerial photo of the property.
Mr. Gugino objected as Supervisor Holmes can’t testify if there were electrical “modifications” to
the equipment.
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 Building Permit(s), or Demolition Permit(s), Inspections and
Certificate of Completion/Occupancy for the unpermitted pumphouse or relocate the
June 7, 2024
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pumphouse with a permitted structure by the Special Magistrate October 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 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
24. CASE NO: CELU20240001051
OWNER: BUOYANCY LLC
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
1.04.01(A) and 2.02.03. An improved Estates zoned property conducting event
hosting activities which is not permissible on this site.
FOLIO NO: 45960240004
PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117
Kristen Jasinski, Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County.
Supervisor Holmes testified on 1/26/24, Officer Marinos met with renter Lauren Haines who
executed a consent form, and the property was accessed through the front door. It came to his
attention the site was being utilized for event hosting through documents available in the lobby
area. No further events have been held on site, but advertising for the venue continues.
Evidence Entered: Exhibits 1: Determination by Deputy Building Official
Exhibit 2 - 4: Scan documents from lobby
Exhibit 5 – 6: Website screen shots
Exhibit 7 – 10: Screen shots for advertising
Exhibit 11: Payment and planning page
Exhibit 13: Lease Agreement email snapshot
Exhibit 14: Membership application
Exhibit 15: Resident Agreement
Exhibit 16 – 17: Screenshots of advertising
Mr. Gugino objected to the evidence as attempts have been made to remove the internet postings,
but it is difficult once the information is uploaded, and various websites have access to the
information. There haven’t been any events hosted on site since the pandemic began.
Ms. Jasinski reported the activity has been terminated and internet advertising has ceased.
Supervisor Holmes noted the ads still appear online.
Special Magistrate Neale, after hearing the testimony and reviewing the evidence, DISMISSED
the case.
25. CASE NO: CEPM20240001063
OWNER: BUOYANCY LLC
OFFICER: Charles Marinos
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) and Florida Building Code, 8th
June 7, 2024
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Edition (2023) Chapter 4, Section 454.2.17.1 through 454.2.17.3. An improved
Estates zoned property with a pool cage not meeting Florida Building Code
standards on site.
FOLIO NO: 45960240004
PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117 ADDRESS
Kristen Jasinski Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County
Supervisor Holmes testified on 1/26/24, Officer Marinos met with renter Lauren Haines who
executed a consent form and entered the premise via a door entry access code and during the
inspection observed a swimming pool without the necessary protections required under the
building code. An application was filed however a permit has not been issued and the violation
remains unabated.
Evidence Entered: Exhibit 1: Determination by Deputy Building Official
Exhibits 2 - 11: Photos dated 1/26/24
Exhibit 12: Lease agreement email snapshot
Exhibit 13: Membership application
Exhibit 14: Residential use agreement
Ms. Jasinski reported:
She has installed the necessary alarm devices on the windows and doors, however there is
confusion over what information is required for the permit application.
Indications are a site plan may be required; however, the abatement is for installation of
alarm devices on windows and doors, and she installed the equipment which complies to
the code.
If necessary, any permit work will be incorporated into the drawings required for case #22.
Supervisor Holmes noted if the area does not conform to code requirements and is a health and
safety issue, some type of temporary barrier may be required to secure entrance to the pool.
Special Magistrate Neale CONTINUED the case until the August 2024 Special Magistrate
hearing date subject to the facility not endangering public health and safety. He requested the
Respondent meet with County Staff to determine the status of the devices installed, permit
requirements, etc. and if they are adequate to protect access to the swimming pool.
26. CASE NO: CESTVR20240000530
OWNER: BUOYANCY LLC
OFFICER: Charles Marinos
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 2.02.03
and 5.02.03(J) and Collier County Code of Laws and Ordinances, Article X,
Sections 26-384(1), 26-384(2) and 26-384(4). An improved Estates zoned
property being utilized for short term vacation rentals with multiple rooms being
rented to multiple, unrelated parties at the same time in a manner similar to a
hotel which is not an allowable usage on site. Additionally, the short-term
rental(s) are being done without the required Collier County
Registration/Approval, which includes, but is not limited to: Valid Florida
D.B.P.R. Licensure, a Collier County Business Tax Receipt, and an approved
Short Term Rental Registration Form.
June 7, 2024
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FOLIO NO: 45960240004
PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117
Kristen Jasinski, Property Manager and Joseph Gugino of Davies Duke, PLLC represented
Buoyancy, LLC.
Supervisor Holmes and Ronald Tomasko Assistant County Attorney represented the County
Supervisor Holmes testified on 1/26/24, Officer Marinos met with renter Lauren Haines who
executed a consent form. The property was accessed through the front door and observed short
term renters on site. He also accessed online posts advertising the short-term rentals and the
Deputy Official determined the activity is not permitted under the zoning for the site. Other
County Staff also confirmed the activity of renting to multiple unrelated individuals is prohibited.
The website for the service has been “taken down” but internet advertising remains.
Evidence Entered: Exhibits 1: Determination by not an allowable use.
Exhibit 2 – 7: Photos dated 1/26/24
Exhibit 8: Document available from the lobby of the structure
Exhibit 9 - 10: Screen shots website screenshots advertising
Exhibit 11-14: Screen shots 5/16/24 advertising
Exhibit 17 – 19: DBPR status document, Collier County BPR document and
Collier County short term rental application
Exhibit 18: Lease agreement email snapshot
Exhibit 19: Resident use agreement
Exhibit 20 -21: 2 website screenshots of advertising on 6/6/24
Exhibit 22: 1 website screenshot showing Florida DBPR license up to date
Mr. Gugino objected as it is impossible to control what information is available on the internet.
There is currently one tenant on site and the request for bookings of rooms is being rejected by Ms.
Jasinski.
Manager Letourneau reported renting the premises as a single-family unit is allowed with up to 4
unrelated individuals however you may execute separate rental agreements to individuals at one
time.
Special Magistrate Neale noted the statute on short term rentals in Florida and its restrictions for
local regulations may have an impact on the case.
Special Magistrate Neale CONTINUED the case until the July 12, 2024 Special Magistrate
hearing and requested both parties to submit a brief legal summary (1-2 pages) prior to the
hearing on their case in relation to short term rentals in the Estates zoning district.
Recessed: 2:20pm
Reconvened: 2:30pm
VIII. STIPULATIONS (these cases were heard during the recess for the evidentiary hearing for cases 22 – 26)
7. CASE NO: CESD20220010237
OWNER: John A Wurtz and Maureen Wurtz
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). Unpermitted interior
re-model including but not limited to plumbing, electrical, and drywall.
FOLIO NO: 77779000306
PROPERTY ADDRESS: 6057 Ashford Ln Unit 403, Naples, FL 34110
Date of Notice of Hearing by Certified Mail: 5/21/24
June 7, 2024
14
Date of Property/Courthouse Posting: 5/23/24
Officer Collier requested the hearing.
The Stipulation was entered into by John and Maureen Wurtz on June 4, 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 unpermitted interior remodel included but not
limited to plumbing, electrical and drywall work by the January 2025 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
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: CESD20240002547
OWNER: GGC PLAZA INV LLC
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.13(F).
Failure to submit the annual PUD monitoring report for Jacaranda Center PUD.
FOLIO NO: 36320000000
PROPERTY 5475 Golden Gate Pkwy, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 5/16/24
Date of Property/Courthouse Posting: 5/23/24
Officer Packard requested the hearing.
The Stipulation was entered into by the Respondent’s representative Antonio Brown on June 7, 2024.
Special Magistrate Neale found the Respondent:
1. GUILTY of the alleged violation and was ordered to pay Operational Costs in the amount of
$111.70 incurred in the prosecution of this case within 30 days of this hearing.
2. Was in violation of the Collier County Land Development Code 04-41, as amended, Section
10.02.13(F) for failure to submit the required Planned Unit Monitoring Report at the time the
Notice of Violation was issued for the reoccurring violation.
Total Amount Due: $111.70
13. CASE NO: CESD20230009119 (this case was heard following the rulings for cases 22 – 26)
OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo
OFFICER: Dee Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Two unpermitted
structures on the property. Permit PRROW20200205637 for a new paver driveway,
and Permit PRBD20190208512 for roof mounted grid system that are now expired.
FOLIO NO: 22670480009
PROPERTY 3616 Poplar Way, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 5/16/24
June 7, 2024
15
Date of Property/Courthouse Posting: 5/23/24
Officer Packard requested the hearing.
The Stipulation was entered into by Jose Jaramillo on June 7, 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 expired permits and the unpermitted structure by the
October 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
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
1. CASE NO: CEEX20240003650-SOE-240263
OWNER: Whitney Cyruis
OFFICER: Isabel Muguerza
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-
67(C). Handicap Parking. Citation issued on April 15, 2024.
FOLIO NO:
PROPERTY ADDRESS: 8635 Barot Dr, Naples, FL 34104
Officer Muguerza testified on April 15, 2024, she was on routine patrol when she observed a vehicle
parked in a space reserved for parking for handicapped individuals and accordingly issued the Citation.
Ms. Cyruis testified there was roof work being completed on the property with numerous parking
spaces cordoned off. The Property Manager instructed the tenants to park in the handicap spaces due
to the limited availability of spaces available on site. She presented photos of the work on site and a
letter from the Property Manager.
Evidence Entered: Composite Exhibit 1: Photos of the site.
Exhibit 2: Letter from the Property Manager
Special Magistrate Neale, after hearing the testimony and reviewing the evidence, DISMISSED the
Citation.
9. CASE NO: CEV20240000741
OWNER: Wilson Cherenfant and Agathe Cherenfant
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)
and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Vehicles are parked on unstable surfaces in front of the property.
FOLIO NO: 36322160003
PROPERTY ADDRESS: 5405 27th PL SW, Naples, FL 34116
Officer Owen testified the case involves ongoing issues with vehicles parked on the grass.
June 7, 2024
16
Evidence Entered: Exhibit 1: Photo dated 1/31/24
Exhibit 2: Photo dated 4/9/24
Exhibit 3: Photo dated 4/24/24
Exhibit 4: Photo dated 6/6/24
Mr. Cherenfant testified they have begun work on placing the material required to establish a proper
parking surface.
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. Park all vehicles on a designated , stabilized subsurface base or plastic grid stabilization
system covered by areas made of concrete, crushed stone crushed shell, asphalt , pavers or
turn parking system specifically designed for parking of automobiles and must limit such
designated parking area to forty (40) percent of the front yard or no less than a twenty (20)
foot wide driveway within 30 days of this hearing or a fine of $50.00 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
14. CASE NO: CEPM20230008664
OWNER: BRIDGE WF FL WAVERLEY PL LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1) and 22-231(12)(f). Damaged wooden staircases in need of repair or
replacement.
FOLIO NO: 36180122005
PROPERTY ADDRESS: 5300 Hemingway Ln, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 5/9/24
Date of Property/Courthouse Posting: 5/22/24
Officer Musse testified provided an overview of the case noting the violation was issued on 11/6/23
and currently 10 permit applications have been rejected, 3 are pending and 4 are under review.
Evidence Entered: Exhibits 1 – 18: Photos dated 10/31/23
Exhibits 19 – 20: Photos dated 3/28/24
Marisol Camacho represented the Respondent noting they are waiting for the permits to be issued so
the work may be completed.
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.
June 7, 2024
17
2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and
Certificate of Completion/Occupancy for the repairs to the damaged staircase to bring the
property into compliance with the requirements of the Collier County Property Maintenance
Code within 30 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
28. CASE NO: CEV20240003889
OWNER: Agatha Wenting and Guillermo Cabada
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections
130-95 and 130-96(a). Boat and inoperable boat trailer improperly stored on the
property.
FOLIO NO: 68046600008
PROPERTY ADDRESS: 3423 Dorado Way, Naples, FL 34105
Date of Notice of Hearing by Certified Mail: 5/22/24
Date of Property/Courthouse Posting: 5/22/24
The Respondent was not present.
Officer Pitura provided an overview of the case noting there have been other issues associated with
the property over the years and as of 6/7/24 the violation has not been abated.
Evidence Entered: Exhibit 1 -2: Photos dated 3/5/24
Exhibit 3 - 6: Photos dated 4/26/24
Exhibit 7 – 8: Photos dated 6/7/24
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. Repairing inoperable vehicles and affix a current valid license plate to each vehicle in
violation. Park recreation vehicle in the rear yard or a completely enclosed structure or
remove offending vehicles from residentially zoned area within 3 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
30. CASE NO: CEEX20240004732-DAS-V24-020225
OWNER: Fabiola Miguel
OFFICER: Hope Ress
June 7, 2024
18
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 05/16/2024 at
8:09pm, 14th offense, “Yoyi”.
FOLIO NO:
PROPERTY ADDRESS: 5930 Sea Grass Ln, Naples, FL 34116
Fabiola Miguel was present, and Emilio Miguel acted as translator.
Officer Hess and Manager Timothy Crotts represented the County noting the case involves a 14th
offense of “Yoyi” running at large on 4/15/24.
Officer Hess provided an overview of the case for the record.
Evidence Entered: Exhibit 1: Citation issued 5/16/24 for the offense.
Exhibit 2: Past Order dated 3/14/24
Exhibit 3: Affidavit of Karolyn Johnson
Exhibit 4: Video of incident taken by Karolyn Johnson
Exhibit 5: Photo dated 4/15/24
Mr. Miguel testified the dog was in front of their property by the mailbox. They have a fence, but a
gate has not been installed to secure the area.
Special Magistrate Neale noted at the last hearing in March, similar testimony was provided about the
fence and gate. No further action has been taken and the case involves an infraction which has
occurred 14 times.
Special Magistrate Neale, after hearing the testimony and reviewing the Evidence found the
Respondent in violation of the Ordinance and ordered her 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. Additionally, the case will be referred to the County Attorney’s office for
action and Collier County Sheriff's Office for investigation.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CESD20230003555
OWNER: Kenneth R Jordan and Mary Lee Jordan
OFFICER: Dee Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted shed
and canopy in the rear yard.
FOLIO NO: 494809600064002
PROPERTY ADDRESS: Dale Ave, Naples, FL 34112
Officer Pulse represented the County testifying the violation has been abated but not in the
prescribed timeframe amassing fines and costs in the amount of $1,211.90.
Mr. and Mrs. Jordan were present and testified the work was completed on March 13, 2024 prior
to the required date, however a spot survey was required which delayed final abatement of the
violation until April 10, 2024.
June 7, 2024
19
Special Magistrate Neale DENIED the County’s Motion for Imposition of Fines and Liens.
2. 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 unit’s 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 represented the Respondent.
Officer Owen testified the violation has not been abated as of 6/7/24.
. Special Magistrate Order: No. 6328 Page: 635
Fine Amount: $750.00/day
Duration: 89 days
Total Fine Amount: $66,7500.00
Unpaid Operational Costs: $224.05
Total to Date: $66,974.05
Officer Owen noted accruing of fines was ceased by the Special Magistrate from May 4, 2024 to
June 7, 2024 and requested accumulating of the fines be reinstated.
Special Magistrate Neale expressed concern the Respondent was not taking the matter seriously
and Ms. Ramos agreed.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $66,974.05 with fines continuing to accrue. Said amount to be paid within 30
days and become a lien on the property.
4. CASE NO: CEV20230005442
OWNER: Gordon L Ward
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Unlicensed and/or inoperable vehicles being stored on improved Estates
zoned property.
FOLIO NO: 37342680009
PROPERTY ADDRESS: 1171 29th St SW, Naples, FL 34117
Gordon Ward was present.
Supervisor Holmes testified the violation has been abated but not in the prescribed time frame.
Special Magistrate Order: No. 6316 Page: 3770
Fine Amount: $50.00/day
Duration: 83 days
Total Fine Amount: $4,150.00
Unpaid Operational Costs: $112.00
Total to Date: $4,262.00
Mr. Ward noted there were a large number of vehicles to be removed from the site which was
time consuming, however he abated the violation.
June 7, 2024
20
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $312.00 ($200.00 in fines and $112.00 in Operational Costs). Said amount to be
paid within 30 days and become a lien on the property.
5. 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
Officer Musse represented the County.
Thomas Nguyen of A & T Investments, LLC testified contractors were engaged to remedy the
situation however following a December 31, 2023 incident on site would not return to the property.
Recently he learned the County may be responsible for that area of the parking lot and he is
investigating the issue as he does not use the area in question for parking.
Special Magistrate Neale CONTINUED the case until the July 12, 2024 Special Magistrate
hearing date.
6. CASE NO: CESD20220011064
OWNER: Jo Ann Woods
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Unpermitted work to the mobile home to include subflooring,
floor joists, drywall, and HVAC.
FOLIO NO: 388200001
PROPERTY 7 Grouper Dr, Naples, FL 34112
Supervisor Mucha testified:
Ms. Woods testified health issues and contractors who took payment for services and never
performed the work contributed to the delays in abating the violation. There were also permitting
issues with FEMA due to the Hurricane Ian damage.
Special Magistrate Neale, after hearing the testimony, DENIED the County’s Motion for
Imposition of Fines and Liens.
7. CASE NO: CEPM20230002934
OWNER: WEST SHORE BELVEDERE LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(1), 22-231(12)(i), 22- 231(12)(p) and 22-231(19). Water
damages to the ceiling, drywall, floorboards, cabinets located in the laundry
room, water heater closet, kitchen and guest bathroom as noted on Lovell Indoor
Environmental report. Elevated presence of mold on the A/C vents, guest
bathroom tub, kitchen, and water heater closet as noted on Lovell Indoor
Environmental report. Damages to the plumbing causing water intrusion in the
laundry room and leak in the kitchen sink. Water intrusion on the living room
June 7, 2024
21
window that is not weather tight as noted on Lovell Indoor Environmental
report.
FOLIO NO: 23908500346
PROPERTY ADDRESS: 200 Quail Forest Blvd, Unit 117, Naples, FL 34105
Officer Musse testified the violation has been abated but not in the prescribed timeframe.
Special Magistrate Order: No. 6313 Page: 2007
Fine Amount: $500.00/day
Duration: 127 days
Total Fine Amount: $63,500.00
Unpaid Operational Costs: $111.80
Total to Date: $63,611.80
David Thomas represented the Respondent noting the LLC was reorganized in December of 2023
and as soon as he was made aware of the violation, he began addressing the issue. The permit was
issued in January of 2024 after which the issues were resolved.
Officer Musse testified the permit issues revolved around him not including the vanity in items
needed to be permitted which delayed the abatement.
Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in
the amount of $1,612.80 ($1,500.00 in fines and $111.80 in Operational Costs). Said amount to
be paid within 30 days and become a lien on the property.
VI. PUBLIC HEARINGS
A. HEARINGS
6. CASE NO: CENA20230009781
OWNER: Marianne Kral
OFFICER: Dee Pulse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections
54-179, 54-181, 54-185(a) and Collier County Land Development Code 04-41,
as amended, Section 2.02.03. Recurring violation for grass/weeds in excess of
18 inches. Also prohibited outdoor storage consisting of but not limited to:
containers, boxes, plastics, and wood.
FOLIO NO: 74413400003
PROPERTY ADDRESS: 3416 Okeechobee St, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 5/14/24
Date of Property/Courthouse Posting: 5/22/24
The Respondent was not present.
Officer Pulse testified provided an overview of the case for the record noting the violation has not
been abated as of 6/7/24.
Evidence Entered: Exhibit 1 - 4: Photos dated May 22, 2024
Exhibit 5 – 7: Photos dated June 6, 2024
Exhibit 8: Aerial map of property
Exhibit 9: Zoning map 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.
June 7, 2024
22
2. Remove all unauthorized accumulation of litter from the property to a site intended for
final disposal or store 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 is abated.
3. Mow or cause to be mowed all weeds, grass or similar non protected overgrowth in excess
of eighteen (18) inches in height to a height down to not more than six (6) inches on
subject property within 7 days of this hearing or a fine of $100.00 per day will be imposed
for each day the violation continues.
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: CESD20230007807
OWNER: TJS NAPLES LLC C/O WALGREEN CO
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a). Expired permit PRHV20180212003 for AC replacements for
which work had commenced.
FOLIO NO: 25368000028
PROPERTY ADDRESS: 12780 Tamiami TRL E, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 5/9/24
Date of Property/Courthouse Posting: 5/8/24
The Respondent was not present.
Officer Packard represented the County and provided an overview of the case for the record
noting the violation remains as of 6/7/24.
Evidence Entered: Exhibit 1: Aerial photo of the parcel
Exhibit 2: Aerial photo – zoning of site
Exhibit 3: Screen shot of expired permit
Exhibit 4: Notice of Permit Expiration
Exhibit 5: Permit application correction letter
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was
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 Permits, Inspections
and Certificate of Occupancy/Completion for the AC system replacement within 60 days of
this hearing or a fine of $100.00 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
June 7, 2024
23
34. CASE NO: CEEX20240004718-DAS-V24-019469 (the rulings for Cases 34, 35 and 36 were
combined)
OWNER: Tim Rushing
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 3/16/2024 at
12:50pm, 4th offense, “Ranger”.
FOLIO NO:
PROPERTY 1223 Delmar Ln, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 5/21/24
The Respondent was not present.
Officer Hess and Manager Timothy Crotts represented the County noting the case involves a 4th
offense for “Ranger” running at large.
Officer Hess provided an overview of the case for the record.
Evidence Entered: Exhibit 1: 1st Citation issued 3/17/22
Exhibit 2: 2nd Citation issued 3/21/22
Exhibit 3: 3rd Citation issued 4/4/22
Exhibit 4: 4th Citation issued 1/11/24
Exhibit 5: Affidavit
Exhibit 6 Video of incident taken by Karolyn Johnson
Exhibit 7: Photo of the 4th offense
Exhibit 8: Map of the area of incident
35. CASE NO: CEEX20240004726-DAS-V24-019624
OWNER: Tim Rushing
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 4/11/2024 at
1:25pm, 5th offense, “Ranger”.
FOLIO NO:
PROPERTY ADDRESS: 2350 Estey Avenue, Naples, 34104
The Respondent was not present.
Officer Hess and Manager Timothy Crotts represented the County.
Officer Hess provided an overview of the case for the record noting the incident occurred on
3/9/24.
Evidence Entered: Exhibit 1: Citation issued for 3/9/24 incident (issued 4/11/24)
Exhibit 2: Affidavit
Exhibit 3 Video of incident dated 3/9/24
Exhibit 4: Photo of the incident dated 3/9/24
Exhibit 5: Map of the area of incident
36. CASE NO: XCEEX20240004729-DAS-V24-020009
OWNER: Tim Rushing
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 4/13/2024 at
4:13pm, 6th offense, “Ranger”.
FOLIO NO:
PROPERTY ADDRESS: Estey and Delmar Ln, Naples, FL 34104
June 7, 2024
24
The Respondent was not present.
Officer Hess and Manager Timothy Crotts represented the County.
Officer Hess provided an overview of the case for the record noting the incident occurred on
1/5/24 and the Citation issued on 4/13/24.
Evidence Entered: Exhibit 1: Citation for 1/5/24 incident (issued 4/13/24)
Exhibit 2: Affidavit
Exhibit 3: Exhibit 4: Photo of the incident
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 each case for a total amount due of
$1,671.00 to be paid within 30 days of this hearing.
33. CASE NO: CEEX20240004716-DAS-V24-019681
OWNER: Tim Rushing
OFFICER: Hope Ress
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 04/11/2024 at
1:28pm, 4th offense, “Ranger”.
FOLIO NO:
PROPERTY 1223 Delmar Ln, Naples, FL 34104
The Respondent was not present.
Officer Hess and Manager Timothy Crotts represented the County.
Officer Hess provided an overview of the case for the record.
Evidence Entered: Exhibit 1: 1st Citation issued 3/17/23
Exhibit 2: 2nd Citation issued 7/29/23
Exhibit 3: 3rd Citation issued 4/3/24
Exhibit 4: 4th Citation issued 4/11/24
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.
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.
June 7, 2024
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 SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
IX. REPORTS
None
XII. NEXT MEETING DATE —July 12, 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 4:53PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
•
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Patrick H. eal , Special Magistrate
V.
Thyinutes were approved by the Special Magistrate on '. / , as presented
, or as amended .
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