CESM Minutes 08/02/2024 August 2, 2024
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MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, August 2, 2024
LET IT BE REMEMBERED the Collier County Special Magistrate, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION in Administrative
Building “F,” 3rd floor, Collier County Government Complex, Naples, Florida, with the
following persons present:
SPECIAL MAGISTRATE: Honorable Patrick H. Neale
ALSO PRESENT: Thomas Iandimarino, Code Enforcement Director
Jeff Letourneau, Manager of Inspectors
Helen Buchillon, Code Enforcement Specialist
August 2, 2024
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Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE PATRICK H. NEALE PRESIDING
The Honorable Special Magistrate Patrick H. Neale called the Hearing to order at 9:00 AM. All those
testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance
without being punitive.
Recessed: 9:12am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to V.C – Motion for Continuance:
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
1. CASE NO: CEEX20240005874-PU-5929 – WCI COMMUNTIES, LLC
7. CASE NO: CESD20240004037 – Juana Gonzalez
Under Item VII.A– Hearings, the following cases were withdrawn:
2. CASE NO: CEEX20240003950-PR-063161 - Maaike Maurizi
3. CASE NO: CENA20240003369 - WJH INVESTMENT LLC
5. CASE NO: CEPM20230008345 - Phillip T McKee
6. CASE NO: CESD20220010038 – Marc Dornevil and Etilia Dornevil
Under VIII.B – Motion for Imposition of Fines, the following cases were withdrawn:
1. CASE NO: CEROW20210000627 - Kanokwan C Thamnasen
5. CASE NO: CEV20240003889 - Agatha Wenting and Guillermo Cabada
6. CASE NO: CEVR20230000654 - Vitaliy Rizhkov and Marina Rizhkov
7. CASE NO: CEROW20230000767 - Vitaliy Rizhkov and Marina Rizhkov
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the July 12, 2024 hearing were approved by Special Magistrate Neale.
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. CASE NO: CEV20230007055
OWNER: Greg Bee and Jane Bee
OFFICER: Donald Joseph
August 2, 2024
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable and unregistered recreational vehicle improperly stored on
the property.
FOLIO NO: 01134801909
PROPERTY 560 Webb Rd, Copeland, FL 34137
Officer Joseph represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6370 Page: 377
Fine Amount: $50.00/day
Duration: 38 days
Total Fine Amount: $1,900.00
Unpaid Operational Costs: $111.90
Total to Date: $2,011.90
Greg and Jane Bee were present and testified the violation is nearly abated with a few pieces of
the disassembled RV remaining on site. They have a dumpster in place and requested additional
time to finish removal of the debris.
Special Magistrate Neale CONTINUED the case to the September 2024 Special Magistrate
hearing date with fines ceasing to accrue. Operational Costs in the amount of $111.90 to be
paid within 30 days of this hearing.
V. MOTIONS
A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS
None
B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE
1. 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
Keegan Biggers of Bridge WF FL Waverly Pl, LLC testified permits for the work were obtained
in July and the repairs have been completed and they are awaiting inspection.
Officer Musse confirmed work has been completed and only the inspections remain for the
violation to be abated.
Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Time of
Compliance Deadline to the September 2024 Special Magistrate hearing date.
2. CASE NO: CEPM20230005437
OWNER: LAKEVIEW NAPLES 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(9), 22- 231(11), 22-231(12)(o), 22-231(12)(p),
22-231(19) and 22- 231(20). Inoperable outlets, oven with a damaged door,
missing light switch, missing smoke detectors, damaged drywall and ceiling,
August 2, 2024
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damages to the tile on the shower wall, inoperable toilet, damaged interior door,
and bee infestation.
FOLIO NO: 61835720002
PROPERTY ADDRESS: 2616 Lakeview Dr, Naples, FL 34112
Eduard Gaverish of Lakeview Naples, LLC testified he acquired the property with the violations
in place and obtaining permits delayed the abatement. The property is vacant, the renovations are
underway and needs additional time to abate the violations.
Officer Musse had no objection to the request.
Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Time of
Compliance Deadline to the December 2024 Special Magistrate hearing date.
C. MOTION FOR REHEARING
None
VI. STIPULATIONS
1. CASE NO: CEEX20240005874-PU-5929
OWNER: WCI COMMUNITIES LLC
OFFICER: Mathew Hayes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section
134-174(C)+(N). Observed a piece of tubing connected to the fire backflow and the
RPZ that is next to the building has had its back leg removed from the ground.
Health, Safety, and Welfare.
FOLIO NO: 31629900628
PROPERTY ADDRESS: 16897 Fairgrove Way, Naples, FL 34110
Date of Notice of Hearing by Certified Mail: 7/5/24
Officer Sefa requested the hearing.
The Stipulation was entered into by the Respondent’s Representative Jack Turner on July 29, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and ordered
them to pay Operational Costs in the amount of $50.00, an Administrative Fee of $5.00 and a
Civil Penalty of $1,500.00 for a total amount due of $1,555.00 payable within 30 days of this
hearing.
7. CASE NO: CESD20240004037
OWNER: Juana Gonzalez
OFFICER: Joseph Mucha
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). Shed permit PRBD20150514035 that
did not receive Certificate of Completion. Shed has since been modified beyond
scope of the original plans to include electric and an addition. There is also an
additional unpermitted structure on the property.
FOLIO NO: 62152520007
PROPERTY ADDRESS: 5260 Floridan Ave, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 7/5/24
Date of Property/Courthouse Posting: 7/2/24
Supervisor Mucha requested the hearing.
The Stipulation was entered into by Juana Gonzalez on August 1, 2024.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
August 2, 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 for the shed within 90 days of this hearing or a fine of $100.00 per
day will be imposed until the violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
VII. PUBLIC HEARINGS
A. HEARINGS
4. CASE NO: CEPM20240003929
OWNER: PACIFICA NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22-228(1), 22-231(9) and 22-231(20). Inoperable A/C system, missing smoke
detectors, missing light fixture in the dinning-room with exposed wires that is
connected to a light fixture installed by the tenant.
FOLIO NO: 35830040001
PROPERTY ADDRESS 4280 Jefferson Ln, Unit 208, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 7/5/24
Date of Property/Courthouse Posting: 7/15/24
Officer Musse testified the smoke detectors and lighting have been addressed however the air
conditioning unit is inoperable and has not been replaced.
Evidence Entered: Exhibits 1 – 6: Photos dated 4/29/24
Marilyn Orquiola, Property Manager for Pacifica Naples, LLC testified a contractor has been
engaged to replace the air conditioning unit and is acquiring the necessary permits. There is a
window unit in the premise to temporarily provide air conditioning for the tenant.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 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 the repairs completed 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
August 2, 2024
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8. CASE NO: CEEX20240004728-DAS-V24-020238
OWNER: Saimir Tusha
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 05-17-2024,
6th offense, “Rex”.
FOLIO NO:
PROPERTY ADDRESS: 6011 Sea Grass Ln, Naples, FL 34116
Saimir Tusha was present.
Code Enforcement Manager Timothy Crotts and Officer Ress represented the County.
Manager Crotts testified a plea agreement has been reached whereby Mr. Tusha will admit a
violation of the Ordinance occurred as identified in the Citation issued on 5/17/24 and will install a
gate in the fence area. If the work is completed within 60 days, the recommended fine of $500
would be waived by the County.
Mr. Tusha agreed with Mr. Crotts’ assessment of the case.
Special Magistrate Neale 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 due of $557.00. Said fine amount of $500.00 to be waived if Mr. Tusha installs a gate
on his fence within 60 days of this hearing. Amount due within 30 days is $57.00.
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
4. 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 testifying the violation has not been abated amassing fines
and costs of $45,861.85 however the Respondent is awaiting approval of a loan to complete the
work.
Thomas Nguyen of A & T Investments, LLC testified an incident on December 31, 2023 at the
resort has negatively impacted business. Additionally, the County uses the parking lot and he has
contacted an attorney to determine any requirements for sharing the expense related to making the
repairs.
Officer Musse noted there is a possibility the County may bear some responsibility however the
violation may be abated and reimbursement sought by the Respondent.
Manager Letourneau noted the parking lot has been unlit for 15 months.
Special Magistrate Neale CONTINUED the case to the September 2024 Special Magistrate
hearing date with fines continuing to accrue.
VII. PUBLIC HEARINGS
A. HEARINGS
9. CASE NO: CEEX20240006553-DAS-V24-020399
OWNER: Tim Rushing
OFFICER: Hope Ress
August 2, 2024
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(1). Failure to license, issued on 06-20- 2024, 5th offense, “Ranger”.
FOLIO NO:
PROPERTY ADDRESS: 1323 Delmar Ln, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 7/18/24
The Respondent was not present.
Supervisor Joseph Mucha and Officer Ress represented the County.
Officer Ress testified:
There are 2 cases involving Mr. Rushing, this case for failure to license 5th offense and Case
#10, failure to vaccinate, 4th offense.
This Citation for this case was issued on 6/20/24.
Special Magistrate Neale, after hearing the testimony 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.
10. CASE NO: CEEX20240006559-DAS-V24-020400
OWNER: Tim Rushing
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
33(2). Failure to vaccinate, issued on 06- 20-2024, 4th offense, “Ranger”.
FOLIO NO:
PROPERTY ADDRESS: 1323 Delmar Ln, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 7/18/24
The Respondent was not present.
Supervisor Joseph Mucha and Officer Ress represented the County.
Officer Ress testified research of the pet database indicates no record of vaccinations for Ranger
and the Citation for a 4th offense was issued on 6/20/24. Fines imposed for previous violations
remain unpaid.
Special Magistrate Neale, after hearing the testimony 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.
The total amount due for both cases is $1,114.00 and the information will be forwarded to the
County Attorney’s Office in order to institute proceedings to compel payment of the fines related
to Mr. Rushing’s cases.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued)
3. CASE NO: CENA20240000922
OWNER: Fortino Mendez
OFFICER: Latoya Cooper
August 2, 2024
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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. An improved Estates zoned property with litter and prohibited
outdoor storage on site. Recurring violation.
FOLIO NO: 37987760009
PROPERTY ADDRESS: 3610 White Blvd, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 7/17/24
Date of Property/Courthouse Posting: 7/17/24
The Respondent was not present.
Supervisor Holmes represented the County testifying the violation has been abated but not in the
prescribed time frame.
Special Magistrate Order: No. 6362 Page: 2917
Fine Amount: $250.00/day
Duration: 84 days
Total Fine Amount: $21,000.00
Unpaid Operational Costs: $111.85
Total to Date: $21,111.85
Supervisor Holmes testified:
A site visit was conducted on 8/1/24 with Mr. Mendez present.
Debris remained on site and Mr. Mendez asserted the materials were related to permitted
work ongoing on the property.
After inspection, he determined the materials were not related to permitted activity and
documented the items with photographs.
Evidence Entered: Composite Exhibit 1: 15 photos dated 8/1/24
Special Magistrate Neale, after reviewing the evidence, hearing the testimony and considering
the factors of the violation, GRANTED the County’s Motion for Imposition of Fines and
Liens in the amount of $21,111.85 with fines continuing to accrue. Said amount to be paid
within 30 days and become a lien on the property.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
1. CASE NO: CESD20220007767
OWNER: Lindita Lici and Petrit Lici
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). Construction of
an unpermitted Florida room, pergola, mini A/C split, new windows and
doors.
FOLIO NO: 24580400009
PROPERTY ADDRESS: 50 8th St, Bonita Springs, FL 34134
Staff noted the motion involves amending the code cited in the Order to the Land Development
Code.
Special Magistrate Neale GRANTED the County’s Motion to Amend a Previously Issued
Order.
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
August 2, 2024
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
XI. REPORTS
None
XII. NEXT MEETING DATE —September 6, 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 10:40 AM.
COLLIER COUNTY SP CIAL MAGISTRATE HEARING
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Patrick H. Neale, Special Magistrate
The nutes were approved by the Special Magistrate on / , as presented
, or as amended
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