CESM Minutes 09/06/2024 September 6, 2024
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, September 6, 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
Christina Perez, Code Enforcement Supervisor
Helen Buchillon, Code Enforcement Specialist
September 6, 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 9:08 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: 9:19am
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:
4. CASE NO: CESD20240003884 - Patricia E Rodriguez and Fredi Rodriguez
10. CASE NO: CESD20230003522 - Bobby L Williams
15. CASE NO: CEV20240004646 - Guy C Francois
16. CASE NO: CEAU20240004668 - Guy C Francois
17. CASE NO: CEPM20230009301 - Diego Sepulveda
18. CASE NO: CENA20240002691 - M M & H M MANNING LIV TRUST
20. CASE NO: CENA20240002123 - NAZDAR INC C/O Dale E Chlumsky
21. CASE NO: CEA20240005404 - Javier Guevara and Mileydi Guevara
Under Item VII.A– Hearings, the following cases were withdrawn:
1. CASE NO: CEEX20240006472-SOE-240352 - Lazaro Javier Llanes Montoto
6. CEOCC20240001336 – Arnold Industrial Park LLC
8. CEAU20230009866 – Tam Thank Nguyen and Tammy Nguyen
9. CASE NO: CEPM20240003313 - Nathan Lesane Sr
12. CEPM20240005052 – Thomas C Ravana
23. CASE NO: CEEX20240007904-DAS-V24-020425 - Julitza Martinez
24. CASE NO: CEEX20240007911-DAS-V24-020560 - Julitza Martinez
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
5. CEPM20230002896 – A & T Investment LLC
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the August 2, 2024 hearing were approved by Special Magistrate Neale.
September 6, 2024
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VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
8. CASE NO: CEVR20220007489
OWNER: TITUS ENTERPRISES LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section
3.05.01(B). Clearing of vegetation prior to obtaining a Vegetation Removal
Permit.
FOLIO NO: 335800001
PROPERTY ADDRESS: 2185 Markley Ave, Naples, FL 34117
Sasha Michael represented the Respondent.
Supervisor Holmes represented the County noting the violation has not been abated amassing
fines and costs to date of $66,974.06
Mr. Michael testified the original violation for the trailer on site was abated. There was some
confusion about the vegetation clearing permit required for the site as he is constructing a
greenhouse for agricultural purposes. Florida Department of Environmental Protection approval
was also required to be obtained, and he submitted the information to the County.
Supervisor Holmes confirmed the permit application was submitted on August 28, 2024 for an
agricultural use.
Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate
Hearing date with fines ceasing to accrue.
IV. MOTIONS
A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS
None
B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE
1. CASE NO: CESD20220002913
OWNER: Margarita Granados
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.
FOLIO NO: 293400006
PROPERTY ADDRESS: 237 Polk Pl, Naples, FL 34104
Margarita Granados was present.
Cindy Granados acted as interpreter.
Officer Pitura represented the County.
Ms. Granados testified contractor issues have delayed abating the violation as they engaged one
for the work and paid him, but without results. They have hired a new contractor, and a
determination is being made if permits should be obtained or to demolish the area of the structure
in question. She requested an Extension of Time for the case.
Officer Pitura had no objection to the request.
September 6, 2024
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Special Magistrate Neale GRANTED an Extension of Time of Compliance Deadline for the case
to the March 2025 Special Magistrate Hearing date.
2. CASE NO: CEPM20230004944
OWNER: Amy L Garrard
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(12)(p) and 22-
231(11). Roof, exterior walls, interior walls/floor/ceiling, windows in disrepair
with rot, holes, discolored, unfinished. Exposed wiring in dwelling. A/C
inoperable.
FOLIO NO: 26430720002
PROPERTY ADDRESS: 3535 North Rd, Naples, FL 34104
Amy Garrard testified she purchased the property with the violations existing and is abating them.
The exterior work has been completed and permits were issued for the interior work on 8/29/24.
She requested an additional 120 days to abate the violation.
Officer Musse represented the County and had no objection to the request.
Special Magistrate Neale GRANTED an Extension of Time of Compliance Deadline for the case
to the January 2025 Special Magistrate Hearing date.
C. MOTION FOR REHEARING
None
VI. PUBLIC HEARINGS
25. CASE NO: CEEX20240007888-DAS-V24-020428
OWNER: Lori Merlot
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(B). Running at large, issued on 6/27/24 at 5:16pm. 1st offense “Bud
FOLIO NO:
PROPERTY ADDRESS: Marsala Way, Naples, FL 34109
Officer Martinez and Manager Timothy Crotts represented the County.
Manager Crotts reported the parties reached a plea agreement and the Respondent will pay a fine in
the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee. A fine amount of
$400.00 will be waived if Ms. Merlot completes the Responsible Pet Owner class within 60 days of
this hearing. The $157.00 now due is to be paid within 30 days of this hearing.
Ms. Merlot confirmed the agreement has been reached with Domestic Animal Services.
.
Special Magistrate Neale, after hearing the testimony, 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 due of $557.00. A fine amount of $400.00 to be waived if Ms.
Merlot completes a Responsible Pet Owner class within 60 days of this hearing. Said amount of
$157.00 to be paid within 30 days of this hearing.
26. CASE NO: CEEX20240007899-DAS-V24-020429
OWNER: Lori Merlot
OFFICER: Olivia Martinez
September 6, 2024
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VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(E). Damage to property, issued on 6/27/24 at 5:16pm, 1st offense, “Buddy”.
FOLIO NO:
PROPERTY ADDRESS: Marsala Way, Naples, FL 34109
Officer Martinez and Manager Timothy Crotts represented the County.
Manager Crotts reported the parties reached a plea agreement and the Respondent will pay a fine in
the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount
due of $557.000.
Ms. Merlot confirmed the agreement has been reached with Domestic Animal Services.
.
Special Magistrate Neale, after hearing the testimony 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 due of $557.00 to be paid within 30 days of this hearing.
27. CASE NO: CEEX20240007901-DAS-V24-020667
OWNER: Edgar Cifuentes
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(B). Running at large, issued on 8/9/24 at 12:25 pm, 1st offense, “Riley”.
FOLIO NO:
PROPERTY ADDRESS: Jackson Ct, Immokalee, FL 34142
Officer Martinez and Manager Timothy Crotts represented the County.
Manager Crotts reported the parties reached a plea agreement and the Respondent will pay a fine in
the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee. A fine amount of
$400.00 will be waived if Mr. Cifuentes completes a Responsible Pet Owner class within 60 days of
this hearing. The $157.00 due now is to be paid within 30 days of this hearing.
Mr. Cifuentes confirmed the agreement had been reached with Domestic Animal Services.
.
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 due of $557.00. A fine amount of $400.00 to be waived if Mr.
Cifuentes completes a Responsible Pet Owner class within 60 days of this hearing. Said amount of
$157.00 to be paid within 30 days of this hearing.
28. CASE NO: CEEX20240007891-DAS-V24-020666
OWNER: Edgar Cifuentes
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(E). Damage to property, issued on 8/9/24 at 12:25pm, 1st offense, “Riley”.
FOLIO NO:
PROPERTY ADDRESS: Jackson Ct, Immokalee, FL 34142
Officer Martinez and Manager Timothy Crotts represented the County.
Manager Crotts reported the parties reached a plea agreement and the Respondent will pay a fine in
the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee for a total amount
due of $557.000.
Edgar Cifuentes confirmed the agreement had been reached with Domestic Animal Services.
.
September 6, 2024
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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 due of $557.00 to be paid within 30 days of this hearing.
29. CASE NO: CEEX20240007925-DAS-V24-020367
OWNER: Emmitt Osceola
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
36(10). Tether violation. Issued on 6/13/24 at 12:31 pm, 1st offense, “Snoopy”.
FOLIO NO
PROPERTY ADDRESS: 4885 10th St NE, Naples, FL 34120
Officer Martinez and Manager Timothy Crotts represented the County.
Manager Crotts reported the parties have reached a plea agreement and the Respondent will pay a
fine in the amount of $500.00, Operational Costs of $50.00 and a $7.00 Administrative Fee. A fine
amount of $400.00 will be waived if Mr. Osceola completes a Responsible Pet Owners class within 60
days of this hearing. The $157.00 now due is to be paid within 30 days of this hearing.
Mr. Osceola confirmed the agreement has been reached with Domestic Animal Services.
.
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 due of $557.00. A fine amount of $400.00 to be waived if Mr.
Osceola completes a Responsible Pet Owner class within 60 days of this hearing. Said amount of
$157.00 to be paid within 30 days of this hearing.
2. CASE NO: CEEX20240004505-SO-134608
OWNER: Ricky M Williamson
OFFICER: Pedro Caceres
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-
66(2)(l). Parked within swale. Issued on May 2, 2024.
FOLIO NO:
PROPERTY ADDRESS: 2501 block of 4th St NE, Naples, FL 34120
Ricky M. Williamson was present.
Officer Caceres represented the County and testified the case involves a vehicle parked in a swale.
The case initiated on May 2, 2024 due to a neighbor complaint who were concerned a criminal suspect
may be in the area. The incident led to a search of the area and Mr. Williamson was identified as the
owner of the car and accordingly, a Citation was issued.
Evidence Entered: Exhibits 1 – 6: Photos dated 5/2/24
Mr. Williamson testified:
He loaned the car to an individual so he could get to work.
Along the way, the transmission malfunctioned and when the borrower attempted to turn the
car around in the grass area the car became immovable.
He returned to Mr. Williamson’s home to notify him of the issue and a tow truck was engaged
to remove the vehicle.
It was left in the grass area as it could not be moved without assistance from a towing vehicle.
Special Magistrate Neale, after hearing the testimony and reviewing the evidence noted the vehicle
was immobilized in the location in question and DISMISSED the Citation.
September 6, 2024
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3. CASE NO: CEEX20240005240-SO-190183
OWNER: Allen Donald Bishop
OFFICER: Sgt. Christopher Solomon
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-
67. Disabled parking. Issued on May 18, 2024.
FOLIO NO:
PROPERTY Vanderbilt Beach turn around, Naples, FL 34108
Allen Donald Bishop was present.
Officer Solomon represented the County noting on May 18, 2024 he was on patrol when he a
observed vehicle parked the loading zone for a handicap parking space.
Evidence Entered: Exhibit 1 – 2: Photos dated 5/18/24
Exhibit 3: Citation Issued
Mr. Bishop testified he has a sticker for transporting handicapped individuals and provides rides to the
beach to veterans. On the day of the incident, he had a 90 year old passenger who visited the beach for
20 to 30 minutes. He forgot the handicap placard on the day of the incident and did not bring it with
him today.
Special Magistrate Neale noted Mr. Bishop parked in the loading zone for use by another parking
space.
Special Magistrate Neale, after hearing the testimony and reviewing the evidence, UPHELD
issuance of the Citation and ordered the Respondent to pay a Fine of $250.00 and $5.00
Administrative Fee for a total amount due of $255.00. Said amount to be paid within 30 days.
V. STIPULATIONS
4. CASE NO: CESD20240003884
OWNER: Patricia E Rodriguez and Fredi Rodriguez
OFFICER: Craig Cooper
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). Expired permit
(PRCP20220103451) for a large metal shed and unpermitted a shed in the back of
property constructed before obtaining a permit.
FOLIO NO: 37695280004
PROPERTY ADDRESS: 2887 2nd St NE, Naples, FL 34120
Date of Notice of Hearing by Certified Mail: 8/7/24
Date of Property/Courthouse Posting: 8/8/24
Officer Cooper requested the hearing.
The Stipulation was entered into by Patricia Rodriguez on September 3, 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 for the two sheds within 120 days of this hearing or a fine of
$150.00 per day will be imposed until the violation has been abated.
September 6, 2024
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3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct
a final inspection to confirm abatement. If the Respondent fails to abate the violation the
County may abate the violation and may use the assistance of the Collier County Sheriff’s
Office to enforce the provisions of this agreement and all costs of abatement shall be assessed
to the property owner.
Total Amount Due: $111.70
10. CASE NO: CESD20230003522
OWNER: Bobby L Williams
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
renovations, see Contractor Licensing Case CECV20230003430.
FOLIO NO: 74810200000
PROPERTY ADDRESS: 775 Palm View Dr, Naples, FL 34110
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/7/24
Officer Collier requested the hearing.
**The Stipulation was entered into by Bobby L. Williams on September 5, 2024.
Special Magistrate Neale, finding the Notice of Hearing was properly served, found the
Respondent GUILTY of the alleged violation and was ordered to:
1. Pay Operational Costs in the amount of $111.70 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 renovation within 120 days of this
hearing or a fine of $200.00 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: $111.70
** It was noted during the hearing there was a scrivener’s error on the Stipulation for the date
executed by Mr. Williamson. The Stipulation indicates it was executed on August 5, 2024 instead
of the correct date of September 5, 2024. The approved Stipulation is subject to Mr. Williamson
amending the signature date to September 5, 2024 within 14 days of this hearing.
15. CASE NO: CEV20240004646
OWNER: Guy C Francois
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-97(3). Food trailer observed being stored in the driveway of the residence.
FOLIO NO: 62104000009
PROPERTY ADDRESS: 5413 Catts St, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 8/5/24
September 6, 2024
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Date of Property/Courthouse Posting: 8/22/24
Officer Packard requested the hearing.
The Stipulation was entered into by Guy C. Francois on September 6, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case
within 30 days of this hearing.
2. Storing commercial vehicles and equipment within a completely enclosed structure, in the rear
yard vegetatively screened and conceal from all views or remove offending vehicles from
residentially zoned property within 30 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: $111.65
16. CASE NO: CEAU20240004668
OWNER: Guy C Francois
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3).
Wood fence is damaged on both left and right sides of the property.
FOLIO NO: 62104000009
PROPERTY ADDRESS: 5413 Catts St, Naples, FL 34113
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/22/24
Officer Packard requested the hearing.
The Stipulation was entered into by Guy C. Francois on September 6, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
1. Pay Operational Costs in the amount of $111.65 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 repair of, or removal of the fence within 30 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: $111.65
17. CASE NO: CEPM20230009301
September 6, 2024
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OWNER: Diego Sepulveda
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
236. Dwelling that was damaged due to a fire declared by the County Building
Official to be a dangerous structure.
FOLIO NO: 53900600007
PROPERTY ADDRESS: 4396 Beechwood Lake Dr, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/14/24
Officer Musse requested the hearing.
The Stipulation was entered into by Diego Sepulveda on September 6, 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 to bring the property into compliance with the Collier County
Property Maintenance Code within 120 days of this hearing or a fine of $250.00 per day will
be imposed until the violation 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
18. CASE NO: CENA20240002691
OWNER: M M & H M MANNING LIV TRUST
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-
179 and 54-181, and Collier County Land Development Code 04-41, as amended,
Section 2.02.03. A large accumulation of litter and/or prohibited outdoor storage
exists in the front and side of the property.
FOLIO NO: 35648920009
PROPERTY ADDRESS: 4384 23rd Ave SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 8/9/24
Date of Property/Courthouse Posting: 8/16/24
Supervisor Holmes requested the hearing.
The Stipulation was entered into by William Manning on September 6, 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. Removing all unauthorized litter and all other items not permitted for outdoor storage to a site
designated for such use or store desired items in a completely enclosed structure within 60
September 6, 2024
11
days of this hearing or a fine of $50.00 per day 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
Recessed: 11:05am
Reconvened: 11:15am
20. CASE NO: CENA20240002123
OWNER: NAZDAR INC C/O Dale E Chlumsky
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(d). Prohibited exotic vegetation, including Brazilian pepper hedges, was
witnessed that are growing on this unimproved parcel and need to be removed.
FOLIO NO: 26880040206
PROPERTY ADDRESS: NO SITE ADDRESS, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 8/15/24
Date of Property/Courthouse Posting: 8/15/24
The Respondent was not present.
Officer Johnson requested the hearing and provided the following evidence Mr. Chlumsky was
authorized to represent Nazdar, Inc.
Exhibit 1: Sunbiz Corporation documentation.
Exhibit 2: Copies of email and USPS mailing information to Mr. Chlumsky
Exhibit 3: Copy of signed stipulation
The Stipulation was entered into by Nicholas Chlumsky on September 5, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
1. Pay Operational Costs in the amount of $111.65 incurred in the prosecution of this case
within 30 days of this hearing.
2. Remove any and all required Collier County Prohibited Vegetation that exists within a 200-
foot radius of any improved property within 90 days of this hearing or a fine of $100.00 per
day the violation remains. The use of heavy equipment to do mechanical clearing of Exotic
Vegetation requires a Vegetation Removal to be obtained. When prohibited Exotic Vegetation
foliage is removed, the base of every cut stem or stump must be immediately treated with US
Environmental Protection Agency approved herbicide or visible dye tracer.
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
September 6, 2024
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21. CASE NO: CEA20240005404
OWNER: Javier Guevara and Mileydi Guevara
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07.
Property has 8 total hooved animals and over 25 fowl.
FOLIO NO: 38055680007
PROPERTY ADDRESS: 3510 31st Ave SW, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 8/15/24
Date of Property/Courthouse Posting: 8/21/24
Officer Owen requested the hearing.
Peter Torres acted as interpreter for Mr. Geuvara.
The Stipulation was entered into by Javier Guevara on September 6, 2024.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
2. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2. Reduce the total number of hooved animals to 6 or less and decrease total number of fowl to
25 or less within 14 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: $111.70
VI. PUBLIC HEARINGS
5. CASE NO: CEPM20240001807
OWNER: Rebecca J Matthews
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-
231(11). Occupied dwelling without County approved electrical service.
FOLIO NO: 153360008
PROPERTY ADDRESS: 1112 Jacaranda Ct, Naples, FL 34110
Rebecca Matthews was present.
Officer Athey represented the County testifying a site visit was conducted on 2/28/24 regarding an
electrical fire at the residence which occurred in January of 2024. Ms. Matthews notified him
financial difficulties have prevented her from having the necessary repairs completed to restore power
to the structure. Several site visits have occurred since this day and the violation remains unabated.
Evidence Entered: Exhibit 1 – 2: Photos dated 7/18/24
Exhibit 3: Aerial photo of the property
Exhibit 4: Aerial zoning map of the property
Exhibit 5: Florida Vehicle Record
Exhibit 6: Collier County Tax information for the mobile home
September 6, 2024
13
Exhibit 7: Title for the Mobile Home
Ms. Matthews testified:
She was out of the state from November 2023 to January 2024. Shortly after returning to the
residence, she was at home one evening when the fire occurred.
The fire department responded, and power was disconnected from the residence.
Financial constraints have impeded her ability to abate the violation, and she resides in the
premise utilizing battery powered lamps.
There is potable water service to the residence and she has sought financial assistance in the
matter to no avail.
Discussion occurred between all parties present on possible avenues available to obtain financial
assistance.
Special Magistrate Neale CONTINUED the case to the November 2024 Special Magistrate
Hearing date.
Recessed: 12:01pm
Reconvened: 12:45pm
11. CASE NO: CENA20240004392
OWNER: Jason Hackworth and Heather Hackworth
OFFICER: Brian Owen
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
181, and Collier County Land Development Code 04-41, as amended, Section
2.02.03. Properties front yard has accumulation of litter/junk to include but not
limited to cardboard, metal, storage bins, grills, lawn mowers, appliances and cages.
Litter and/or prohibited outdoor storage.
FOLIO NO: 36233840001
PROPERTY ADDRESS: 1800 55th St SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 8/7/24
Date of Property/Courthouse Posting: 8/8/24
Jason and Heather Hackworth were present.
Officer Owen represented the County testifying:
On 5/13/24, a site visit was conducted and litter was observed on the property.
The Notice of Violation was issued on 6/6/24 and a follow up site visit occurred on 7/11/24 and
the offending material was removed.
On 9/5/24 a site visit indicated there was litter on the property again.
The property has been the subject to repeat violations with 6 cases over 5 years.
Evidence Entered: Exhibit 1 – 2: Photos dated 5/13/24
Exhibit 3 – 4: Photos dated 5/21/24
Exhibit 5 – 6: Photos dated 9/5/24
Ms. Hackworth testified the issue was resolved however the items visible on 9/5/24 were bicycles
belong to the children the fish tank.
Officer Holmes requested, and the Respondent’s agreed, the rear of the property could be inspected.
September 6, 2024
14
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 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 14 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: $111.70
22. CASE NO: CEEX20240007882-DAS-V24-020317
OWNER: Julitza Martinez
OFFICER: Olivia Martinez
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(J). Injury to person, first offense, citation issued on 06/20/2024 at 1:08pm,
“Dutchess”.
FOLIO NO:
PROPERTY ADDRESS: Quail Roost Rd, Immokalee, FL 34142
Date of Notice of Hearing by Certified Mail: 8/20/24
The Respondent was not present.
Officer Martinez and Manager Timothy Crotts represented the County.
Victim Lilly Hernandez, her mother Daniel Herrera and brother Rudy Hernandez were present.
Officer Martinez testified the incident occurred on 4/29/24 and the Citation issued on 6/20/24 for
Dutchess biting Lilly Hernandez. She showed photos of the dog in question and outlined a Facebook
post from the dog’s owner acknowledging the incident.
Evidence Entered: Exhibits: 1 – 5: Photos
Exhibit 6: Facebook Message posted by the Respondent
Exhibit 7: Affidavit of Lilly Hernandez, victim.
Exhibit 8: Affidavit of Rudy Hernandes
Exhibits 9 – 11: Photos
Exhibit 12: Copy of Citation issued 6/20/24
Danielle Herrera, Lilly Hernandez’s mother testified she took the photos of the dog bite which are an
accurate depiction of the injury.
Lilly Hernandez identified the dog in the photos presented as evidence as Dutchess. She was bit on
her leg while she and her brother were riding a bike in the street. They asked a man in the yard for
help, but he simply retrieved the dog in question and went into the house.
Rudy Hernandez testified he witnessed the incident where Dutchess bit his sister.
September 6, 2024
15
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 due of $557.00 to be paid within
30 days of this hearing.
13. CASE NO: CEPM20240002432
OWNER: PACIFICA NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
228(1) and 22-231(12)(p). A leak within the wall between the closet and master
bathroom causing water damages to the drywall and floor.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4255 Heritage Cir, Naples, FL 34116
Officer Musse represented the County.
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/6/24
Yiraliz Torres, Property Manager represented the Respondent.
Officer Musse represented the County and testified on the following date of events related to the case:
3/14/24 – Inspected the property and spoke with the former Property Manager.
3/27/24 – Notice of Violation issued.
3/28/24 – Email provided by the former Property Manager indicating they were working on
abating the violation.
4/19/24 – Received email from former Property Manager the repairs had been completed but
inspection revealed the violation remained.
6/19/24 – Meeting held with the 2nd former Property Manager.
8/9/24 – Inspection revealed the violation remained
Ms. Torres testified she is the new property manager, doesn’t have the Power of Attorney yet and
requested time to review the case file. The unit is unoccupied.
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate Hearing
date.
14. CASE NO: CEPM20240004571
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(12)(i) and 22-231(19). Inoperable A/C system not properly cooling
the dwelling, microbial growth on the A/C Handler that would need to be cleaned
and sanitized, front door not weather-tight and weatherproof and rooting wood on
the front door frame.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4185 Heritage Cir Unit 207, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/6/24
Yiraliz Torres, Property Manager represented the Respondent.
Officer Musse testified he has been notified a new air conditioning contractor has been engaged to
abate the violation.
September 6, 2024
16
Evidence Entered: Exhibit 1 – 7: Photos dated 5/21/24
Ms. Torres testified she is the new property manager, doesn’t have the Power of Attorney and
requested a 30-day Continuance in the case.
Special Magistrate Neale noted the property is occupied and the Order issued will allow the
Respondent 30 days to abate the violation before fines begin to accrue.
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 completed repairs, and clean and sanitize the A/C handler 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 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
19. CASE NO: CEPM20240005287
OWNER: MLSW Prop Rev Living Trust
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-
231(12)(n), 22-231(12)(i), 22-231(b), 22-231(12)(f), 22-231(12)(c) and 22-228(1).
Exterior walls to include window trim in disrepair. Roof/soffit in disrepair. Broken
windows. Broken concrete steps at entrance. Wooden ramp at entrance in disrepair
(not permitted). Wooden stepway at front swale in disrepair.
FOLIO NO: 56404760000
PROPERTY ADDRESS: 426 Gaunt St, Immokalee, FL 34142
Officer Athey represented the County.
Roderick Lee was present and noted his sister, Rhoderica Lee Robinson is the Power of Attorney for
the Trust. She is out of town and he appeared on her behalf.
Discussion occurred between the parties noting Mr. Lee should obtain the necessary forms to execute a
Power of Attorney for the case so he may represent the party if he so desires.
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate Hearing
date.
B. EMERGENCY CASES
None
September 6, 2024
17
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEV20230007055
OWNER: Greg Bee and Jane Bee
OFFICER: Donald Joseph
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130-95. Inoperable and unregistered recreational vehicle improperly stored on
the property.
FOLIO NO: 1134801909
PROPERTY ADDRESS: 560 Webb Rd, Copeland, FL 34137
Greg Bee was present.
Officer Joseph represented the County testifying the violation has been abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6370 Page: 377
Fine Amount: $50.00/day
Duration: 38 days
Total Fine Amount: $1,900.00
Unpaid Operational Costs: $223.95
Total to Date: $2,123.95
Mr. Bee reported the violation was abated
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 $223.95. Said amount payable in
30 days and to become a lien on the property.
2. CASE NO: CEROW20230000767
OWNER: Vitaliy Rozhkov and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Sections
110-31(a) and 110-32. Work performed in the right of way without the proper
County approvals/permits.
FOLIO NO: 38455800005
Date of Notice of Hearing by Certified Mail: 8/12/24
Date of Property/Courthouse Posting: 8/15/24
PROPERTY ADDRESS: 6540 Sandalwood Lane, Naples, FL 34109
Dmitriy Trepachko of Belru Construction represented the Respondent.
Supervisor Perez and Officer Collier represented the County testifying the violation has not been
abated amassing fines and costs in the amount of $7,012.05.
Mr. Trepachko testified an Environmental Consultant has been engaged in the matter and the
proposed improvements to the site including a home and guest house will justify the clearing.
Delays by the Architect have impeded abating the violation and permits have been submitted for
the work.
September 6, 2024
18
Supervisor Perez testified the Right-of-Way permit application is in rejection status and the
Vegetation Removal Permit application is in review status based on corrections submitted on
8/9/24. Response by the County on the corrections provided is anticipated by 9/9/24.
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate
Hearing date with fines continuing to accrue.
3. CASE NO: CEVR20230000654
OWNER: Vitaliy Rizhkov and Marina Rizhkov
OFFICER: Adam Collier
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
3.05.01(B), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i).
Trees/vegetation moved with mechanical means prior to obtaining a permit.
FOLIO NO: 38455800005
PROPERTY ADDRESS: 6540 Sandalwood Ln, Naples, FL 34109
Date of Notice of Hearing by Certified Mail: 8/12/24
Date of Property/Courthouse Posting: 8/15/24
Dmitriy Trepachko of Belru Construction represented the Respondent.
Supervisor Perez and Officer Collier represented the County.
See case #2 for testimony (CEROW20230000767).
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate
Hearing date with fines continuing to accrue.
4. CASE NO: CEROW20210000627
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,
Sections 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
Nikita Kravcik, Ms. Thamnasen’s husband was present.
Supervisor Perez represented the County testifying the violation has been abated by the County
after the prescribed timeframe.
Special Magistrate Order: No. 6123 Page: 2903
Fine Amount: $100.00/day
Duration: 487 days
Total Fine Amount: $48,700.00
County Abatement Costs: $5,774.66
Unpaid Operational Costs: $112.10
Total to Date: $54,586.76
Mr. Kravcik testified the violation was abated and expressed concern over the costs of the fine
as it is a financial burden.
September 6, 2024
19
Supervisor Perez noted the County abated the violation with work in the full length of the swale
in front of the property.
Mr. Kravcik noted only the area of the driveway needed to be abated and questioned if the work
for the whole swale was necessary based on the violation.
Supervisor Perez noted the County only performed the work necessary to abate 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 $1,612.10 (Fine of $1,500.00 and
Operational Costs of $112.10. Said amount payable in 180 days of this hearing and to become
a lien on the property.
6. CASE NO: CESD20230000435
OWNER: Marcos Benavides Ramos and Josefina Almaraz Ramirez
OFFICER: Brian Owen
VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Shed erected in
rear yard without proper Collier County permit. Determination concluded a
permit is needed for addition on rear of property.
FOLIO NO: 36238520009
PROPERTY ADDRESS: 5375 Hunter Blvd, Naples, FL 34116
Marcos Ramos was present and Madai Hernandez acted as translator.
Officer Owen represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $1,111.85.
Mr. Ramos testified they paid a contractor $5,000 who is assisting in abating the violation. A
septic system permit was obtained for the repair necessary to the system and they are still awaiting
additional permits to abate the violation.
Special Magistrate Neale noted the Respondent’s had until today to abate the violation and
determined with the appearance, a motion for Extension of Time of Compliance Deadline could be
formulated by him (Sua Sponte).
Special Magistrate Neale GRANTED and Extension of Time of Compliance Deadline for the
case to the November 2024 Special Magistrate Hearing date.
7. 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
Agatha Wenting and Guillermo Cabada were present.
Officer Pitura represented the County testifying the violation has been abated but not in the
prescribed timeframe. The boat has been moved to the rear yard.
Special Magistrate Order: No. 6374 Page: 1160
Fine Amount: $50.00/day
Duration: 51 days
Total Fine Amount: $2,550.00
September 6, 2024
20
Unpaid Operational Costs: $111.80
Total to Date: $2,661.80
Mr. Cabada testified the boat was moved to the front yard however the axle to the trailer broke
and it had to be replaced. The rainy season delayed replacing the axles given the condition of the
surface where the boat was located after the axle broke. The violation was eventually abated.
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 $861.80 (Fine of $750.00 and
Operational Costs of $111.80). Said amount payable in 180 days of this hearing and to
become a lien on the property.
10. 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)(L), 22-231(12)(p) and 22-231(19). Elevated spore count
in the A/C handler and dinning room A/C duct as stated in the mold and water
damage from 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
David Marcou, Jr. represented the Respondent.
Officer Musse represented the County noting the violation has not been abated amassing fines and
costs in the amount of $18,223.50.
Mr. Marcou testified the work required to abate the violation was completed on 5/3/24, however it
was determined a permit may be required for the drywall work which delayed closing out the
permits.
Officer Musse noted the mold infestation was abated however investigation is underway to
determine if a drywall permit is required as the area involved may not be large enough in size to
trigger a permit.
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate
Hearing date with fines ceasing to accrue. Operational Costs due in the amount of $223.50 to be
paid within 30 days of this hearing.
11. CASE NO: CEPM20220005884
OWNER: AKSHAR OF SW FL INVEST LLC
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-240(1)(n)(3). An advertising structure (plaza sign) in disrepair.
FOLIO NO: 35832800003
PROPERTY ADDRESS: 12555 Collier Blvd, Naples, FL 34116
Janek Patel represented the Respondent.
Supervisor Holmes represented the County testifying the violation was abated but not in the
prescribed time frame amassing fines and costs in the amount of $8,012.25.
September 6, 2024
21
Mr. Patel noted an inspection revealed the sign was structurally sound and the violation was
abated with the County.
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 $1,112.25 ($1,000.00 in fines and
$112.24 Operational Costs). Said amount to become a lien on the property.
VI. PUBLIC HEARINGS (Continued)
7. CASE NO: CENA20240005066
OWNER: Cynthia J Van Lare
OFFICER: Adam Collier
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-
185(a). Grass and weeds above 18 inches.
FOLIO NO: 65322400006
PROPERTY ADDRESS: 612 Cypress Way E, Naples, Fl. 34116
Date of Notice of Hearing by Certified Mail: 8/5/24
Date of Property/Courthouse Posting: 8/6/24
The Respondent was not present.
Officer Collier represented the County and testified the violation was observed during a 6/3/24 site
visit and is a repeat violation. He has not had a response from the owner of the property.
Evidence Entered: Exhibit 1: Aerial photo of the property
Exhibit 2: Photo dated 6/3/24
Exhibit 3 – 7: Photos dated 9/5/24
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. Mow or cause to be mowed all weeds, grass, or other similar non protective overgrowth in
excess of eighteen (18) inches in height down to a height of less than six (6) inches on subject
property within 7 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: $111.70
VIII. NEW BUSINESS (Continued)
B. MOTION FOR IMPOSITION OF FINES AND LIENS
9. CASE NO: CESD20230005491
OWNER: Santiago D Bazan
OFFICER: Brian Owen
September 6, 2024
22
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 the property. Additionally, the outdoor grill installed requires a permit.
FOLIO NO: 36239120000
PROPERTY ADDRESS: 5114 19th Ct SW, Naples, FL 34116
The Respondent was not present.
Officer Owen represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $3,7111.75. The Respondent’s daughter was present earlier in the day;
however she did not have the proper documentation to represent Mr. Bazan.
Special Magistrate Neale CONTINUED the case to the October 2024 Special Magistrate
Hearing date with fines ceasing to accrue.
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
None
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
None
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS
ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON
CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County’s Request.
XI. REPORTS
None
XII. NEXT MEETING DATE – October 4, 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 3:12PM.
COLLIER COUNTY SPECIAL MAGISTRATE
September 6, 2024
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 3:12PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patrick H. Neale, Special Magistrate
The inutes were approved bythe Special Magistrate on //V/L PP p g� , as presented
, or as amended
23