CESM Minutes 01/10/2025 January 10,2025
1
MINUTES OF THE HEARING OF THE
COLLIER COUNTY SPECIAL MAGISTRATE
Naples, Florida, January 10, 2025
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
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Any person who decides to appeal a decision of the Special Magistrate will need a record of the
proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Neither Collier County nor the Special Magistrate shall be responsible for providing this record.
I. CALL TO ORDER-SPECIAL MAGISTRATE PATRICK H. NEALE PRESIDING
The Honorable Special Magistrate Patrick H. Neale called the Hearing to order at 9:00 AM. All those
testifying at the proceeding did so under oath.
II. Pledge of Allegiance
The Pledge of Allegiance was recited.
Prior to conducting the Hearing, Respondents were given an opportunity to speak with their
Investigating Officers for a Resolution by Stipulation. The County’s goal is to obtain compliance
without being punitive.
Recessed: 9:12am
Reconvened: 9:25am
III. APPROVAL OF AGENDA
Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers):
Under Item VII.A – Hearings, the following cases were moved to VI – Stipulations:
9. CASE NO: CEAC20240009358 - Christopher Walker
Under Item VII.A– Hearings, the following cases were withdrawn:
2. CASE NO: CEEX20240010816- SO191272 - Geraldine T Martin
3. CASE NO: CEEX20240011175- SOE240469 -Marcia Jean Schultz
4. CEPM20240005608 – Kristy Valdes
Under VIII.B – Motion for Imposition of Fines, the following case was withdrawn:
13. CEPM20240004179 – Janice Nicole Young
Special Magistrate Neale approved the Agenda as modified.
IV. APPROVAL OF MINUTES
The minutes of the December 6, 2024 hearing were approved by Special Magistrate Neale.
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: CEPM20240007980
OWNER: BRITTANY BAY APTS I LLC C/O SPIRA BRITTANY BAY I LP
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
22- 228(1) and 22- 231(12)(p). Water damage to the ceiling and interior walls.
January 10,2025
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FOLIO NO: 25117900023
PROPERTY ADDRESS: 14855 Mystic Lake Circle, Unit 104, Naples, FL 34119
Officer Musse represented the County and testified the permits were issued on 1/8/24 and the
abatement was delayed as there was more work than anticipated. The tenant has been relocated
into temporary housing.
Nicole Martinez, Property Manager represented the Respondent and requested a 30 day
Extension of the Compliance Deadline.
Special Magistrate Neale noted 60 days may be more realistic given the permit was just issued
and inspections will be required.
Mellisa Buchman, tenant of unit testified she has resided in the unit since November of 2023 and
the problem is a reoccurring issue. She has been relocated for 2 months and the company is
providing $1,200 a week in compensation however there have been problems obtaining the
payments recently. She is also told she will be responsible for the rent while she is not able to
reside in the premise. She has paid for her own mold reports to determine the severity of the
issues.
Ms. Martinez noted there were recent UPS issues with delivery of the payments from the
company. The property is seeking the rent due while Ms. Buchman is not residing in the premise,
but the case is for another venue. Ms. Buchman was presented with an offer to be released from
the lease so she may relocate if she so desires.
Officer Musse testified this is the second violation with the same issue, but the previous case was
addressed.
Special Magistrate Neale, after hearing the testimony GRANTED the Motion for an Extension
of Compliance Deadline until the March 2025 Special Magistrate hearing date. No rent shall
due for the unit from November 1, 2024 until the unit is deemed habitable.
2. CASE NO: CEPM20230004944
OWNER: Amy L Garrard
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections
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 permits were obtained 4 months ago and the violation is being abated. The
work has taken longer than anticipated due to a termite infestation which was treated by “tenting”
the home. She requested an Extension of Compliance Deadline for 90 days.
Officer Musse represented the County and had no objection to the request.
Special Magistrate Neale GRANTED the motion for Extension of Compliance Deadline until the
April 2025 Special Magistrate hearing date.
C. MOTION FOR REHEARING
None
VII. NEW BUSINESS
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B. MOTION FOR IMPOSITION OF FINES AND LIENS
9. 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 231(19). Elevated spore count in
the A/C handler and dining room A/C duct as stated in the mold and water
damage from 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
Officer Musse represented the County and testified there were 2 parts to the Order and Part 1 was
abated in a timely manner. Part 2 was abated but not in the prescribed timeframe.
Special Magistrate Order: No. 6362 Page: 2585
Fine Amount: $250.00/day
Duration: 36 days
Total Fine Amount: $9,000.00
Unpaid Operational Costs: $112.00
Total to Date: $9,112.00
Chris Thornton, Attorney represented the Respondent and discussed the case with Officer Musse
noting:
• There was some confusion with the County on whether a permit was required for part of the
work.
• After the work was completed, the County requested an invoice from the owner and
determined permits should be obtained.
• The owner is willing to pay the Operating Costs associated with the case but requests a
waiver in the fines as the work was completed in a timely manner.
Officer Musse had no objection to the request.
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 $112.00. Said amount payable in 30
days of this hearing and to become a lien on the property.
10. 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
Officer Collier represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $7,111.75.
Samantha Encalada, Attorney and Maureen Wurtz were present.
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Ms. Encalada testified the work to abate the violation is ongoing but delayed due to contractor
dispute issues and the Condominium Association issuing a Cease and Desist order on 11/19/24.
The order was rescinded on 1/6/25 and work is back underway. She requested a continuance in the
case for 60 – 90 days.
Special Magistrate Neale CONTINUED the case until the April 2025 Special Magistrate
hearing date with fines continuing to accrue.
VI. STIPULATIONS
9. CASE NO: CEAC20240009358
OWNER: Christopher Walker
OFFICER: Hope Ress
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
35(1)(J). Injury to person. Citation issued on October 18, 2024, for animal named
“Zeus”.
FOLIO NO:
PROPERTY ADDRESS: 16154 Caldera Ln, Naples, FL 34110
Code Enforcement Manager Timothy Crotts requested the hearing.
The Stipulation was entered into by Christopher Walker on January 10, 2025.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered
to:
1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case.
2. Pay and Administrative Fee of $7.00 incurred in the prosecution of this case.
3. Pay a Fine of $500.00. A fine amount of $400.00 to be waived if there are no further incidents
involving the dog and Domestic Animal Services within 6 months of this hearing. If an
incident occurs, the additional fine amount of $400.00 is required to be paid by the
Respondent.
4. Total charges due are $157.00 to be paid within 30 days of this hearing with failure to pay
resulting in a lien on the individual.
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20240010426- SOE240462
OWNER: Gabriel Kohn Deitel
OFFICER: Brenden Fahey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section
130- 67(A). Handicap parking.
FOLIO NO:
PROPERTY ADDRESS: 7101 Radio Road, Naples, FL 34104
Officer Fahey testified
• On 10/25/24 he was on routine patrol when he observed a vehicle parked in a space
reserved for handicapped individuals.
• Upon investigation he determined there was no placard displayed on the car and the
registration did not qualify for handicap parking.
• As he was conducting the investigation, Mr. Deitel appeared from Publix and notified him
he parked there as his daughter needed bread.
• There were other spaces available in the lot and accordingly, he issued the Citation.
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Evidence Entered: 1 photo dated 10/25/24
Mr. Deitel testified he only parked in the space briefly to purchase a loaf of bread.
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, Operational Costs
of $50.00 and a $5.00 Administrative Fee for a total amount due of $305.00. Said amount to be
paid within 30 days of this hearing.
5. CASE NO: CEPM20240008639
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)(p) and 22- 231(i). Leak coming from the ceiling in the
restroom and closet, water damages to the ceiling in the restroom and closet, and
damages to the weather stripping on the front door.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4310 Jefferson Ln Unit 107,
Officer Musse testified he conducted an inspection on 9/17/24 and observed the condition of the
premise and issued a Notice of Violation.
Evidence Entered: Exhibits 1 – 10: Photos dated 9/17/24
Flora Nwalupue Property Manager represented the Respondent and testified the unit has been
renovated and is ready to be rented.
Officer Musse testified he has not inspected the unit to verify the testimony.
Special Magistrate Neale CONTINUED the case to the February 2025 Special Magistrate
hearing date with Operational Costs of $111.70 to be paid within 30 days of this hearing.
6. CASE NO: CEPM20240005059
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)(b), 22-231(c), 22-231(12)(n), 22- 231(r) and 22-
240(1)(l). Uneven parking lot, damages to the exterior lights, chain link and
vinyl fence, exterior walls, fascia, downspout, missing gate on the dumpster
enclosure, and trash overflowing from the dumpster.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4250 Heritage Cir, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 12/12/24
Date of Property/Courthouse Posting: 12/16/24
Officer Musse represented the County and testified the case involves an inspection of the property
on 6/4/24 where the property manager notified him they were working to address the issues. A
subsequent site visit on 8/5/24 revealed the property was in the same condition and a Notice of
Violation was issued.
Evidence Entered: Exhibits 1 – 25: Photos dated 6/4/24
Flora Nwalupue Property Manager represented the Respondent and testified a contractor has
been engaged to abate the violation. The refuse issue is a result of parties from off site disposing of
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debris. At the time of the violation there were only 2 dumpsters on site and the number has been
increased to 4 to serve the property.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $111.85 incurred in the prosecution of this case
before the February 2025 Special Magistrate hearing date.
2. Obtain all required Collier County Building Permit(s), or Demolition Permit(s),
Inspections and Certificate of Completion to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code to repair the parking lot,
exterior lights, chain link and vinyl fence, exterior walls and dumpster by the February
2025 Special Magistrate hearing date or a fine of $500.00 per day will be imposed until the
violation has been abated.
3. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
7. CASE NO: CEPM20240009020
OWNER: PACIFICA NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22-228(1). Inoperable A/C, damages to the bathroom vanity and kitchen cabinet.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4235 Heritage Cir Unit 105, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 12/12/24
Date of Property/Courthouse Posting: 12/16/24
Officer Musse represented the County and testified the Notice of Violation was issued after an
inspection of the unit on 9/17/24. The complainant no longer resides in the unit which is served by
a window air conditioner.
Evidence Entered: Exhibits 1 – 8: Photos dated 9/17/24
Flora Nwalupue Property Manager represented the Respondent and testified the unit is vacant
and have engaged a contractor to replace the air conditioning unit. She anticipates the unit will be
available for rent in 30 days as many units on site need air conditioner replacements. The company
has purchased 39 air conditioner units for the premise to facilitate the replacement project.
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 Permit(s),
Inspections and Certificate of Completion to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code to repair the A/C,
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bathroom vanity and kitchen cabinets within 60 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
8. CASE NO: CEPM20240009212
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), 22-231(12)(p) and 22 - 231(19). Inoperable A/C,
damages to the ceiling, linoleum, rotting wood on the door frame, front door not
weather tight, and appearance of microbial growth in the master bathroom
vanity and bathtub.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4200 Washington Ln Unit 106, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 12/12/24
Date of Property/Courthouse Posting: 12/16/24
Officer Musse represented the County and testified the Notice of Violation was issued on 9/26/24
based on the previous day’s inspection of the unit. The violation remains unabated and indications
are there is a window air conditioner installed.
Evidence Entered: Exhibits 1 – 16: Photos dated 9/25/24
Flora Nwalupue Property Manager represented the Respondent and testified the repairs are
underway and this unit is a priority for the air conditioner replacement project.
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 Permit(s),
Inspections and Certificate of Completion to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code to repair the A/C within
60 days of this hearing or a fine of $150.00 per day will be imposed until the violation has
been abated.
3. Obtain all required Collier County Building Permit(s), or Demolition Permit(s),
Inspections and Certificate of Completion to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code to repair the ceiling and
door frame and to treat/clean the microbial growth on the vanity and bathtub within 30
days of this hearing or a fine of $100.00 per day will be imposed until the violation has
been abated.
4. Notify Code Enforcement Investigator when the violation has been abated in order to
conduct a final inspection to confirm abatement. If the Respondent fails to abate the
violation the County may abate the violation and may use the assistance of the Collier
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County Sheriff’s Office to enforce the provisions of this agreement and all costs of
abatement shall be assessed to the property owner.
Total Amount Due: $111.70
VIII. NEW BUSINESS
B. MOTION FOR IMPOSITION OF FINES AND LIENS
5. CASE NO: 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). 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 Unit 103, Naples, FL 34116
Officer Musse represented the County and testified the violation has not been abated amassing
fines and costs in the amount of $17,473.50.
Flora Nwalupue Property Manager represented the Respondent and testified the unit is
unoccupied and the property repairs have been completed and the unit is ready for rent.
Special Magistrate Neale CONTINUED the case until the February 2025 Special Magistrate
hearing date with fines continuing to accrue.
6. 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 232 - 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 rotting wood on the front door frame.
FOLIO NO: 35830040001
PROPERTY ADDRESS: 4185 Heritage Cir Unit 207, Naples, FL 34116
Officer Musse represented the County and testified the violation has not been abated amassing
fines and costs in the amount of $24,263.65.
Flora Nwalupue Property Manager represented the Respondent and testified the tenant recently
renewed the lease and the air conditioner is functioning but will be replaced and they are awaiting a
new door frame to be installed.
Special Magistrate Neale CONTINUED the case until the February 2025 Special Magistrate
hearing date with fines continuing to accrue.
7. CASE NO: CEPM20240003929
OWNER: PACIFICA NAPLES LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section
22- 228(1). Inoperable A/C system.
FOLIO NO: 35830040001
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PROPERTY ADDRESS:4280 Jefferson Ln, Unit 208, Naples, FL 34116
Officer Musse represented the County and testified the violation has not been abated.
Special Magistrate Order: No. 6407 Page: 3045
Fine Amount: $250.00/day
Duration: 131 days
Total Fine Amount: $32,750.00
Unpaid Operational Costs: $335.45
Total to Date: $33,085.55
Flora Nwalupue Property Manager represented the Respondent and testified the unit is part of
the air conditioner replacement project.
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 $33,085.55 with fines continuing
to accrue. Said amount payable in 30 days of this hearing and to become a lien on the
property.
Recessed: 11:12am
Reconvened: 11:25am
VII. PUBLIC HEARINGS
A. HEARINGS
13. CASE NO: CEAC20240010628- 02
OWNER: Annie Buchner
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14- 6(1)(A). Failure to provide shelter, citation issued on
November 12, 2024, 1 st offense, “Hopper”.
FOLIO NO:
PROPERTY ADDRESS: 738 95 th Avenue N, Naples, FL 34109
Cases #13 and #14 were combined.
14. CASE NO: CEAC20240010628- 08
OWNER: Annie Buchner
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14- 36(1)(B). Failure to provide water, citation issued on November 12, 2024,
1st offense, “Rudy”.
FOLIO NO:
PROPERTY ADDRESS: 738 95th Avenue N, Naples, FL 34108
Code Enforcement Manager Timothy Crotts and Officer Frank represented the County.
Manager Crotts qualified Officer Frank as an expert in Animal Cruelty, Care and Neglect.
Officer Frank testified:
• On 11/4/24 she visited the property based on complaints lodged and observed a Golden
Doodle (Hopper) in a crate outside the home.
• The dog was unable to fully stand in the cage and indications were no one was present in
the home.
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• She attempted to contact the neighbor who was not present and noticed another dog (Rudy)
in a cage further back on property.
• The dogs in a shaded area and according to her weather app, the ambient temperature was
86 degrees with real feel of 91 degrees.
• She obtained the contact information for the owner of the property who was summoned to
the house and in the interim, the Collier County Sheriff’s Department arrived on scene.
• The owner arrived and approximately 15 minutes later Ms. Buchner, the tenant returned
home.
• Rudy had 1 inch or water in his bowl and Hopper’s bowl was empty.
• The temperature of Hopper’s cage floor area was 91.5 degrees and 95.0 degrees directly
above the dog.
• The temperature of Rudy’s cage floor area was 94.5 degrees and 95 degrees directly above
him.
• The dogs were moved inside and when she returned on 11/12/24 to issue the Citations, the
dogs were still inside the home.
Evidence Entered: Exhibit 1 - 2: Photos of home
Exhibit 3: Photo of Hopper in cage
Exhibit 4: Photo of cage temperature reading – Hopper
Exhibit 5: Photo of body temperature reading – Hopper
Exhibit 6: Weather report 11/4/24
Exhibit 7 - 8: Photos of home
Exhibit 9: Photo of empty water bowl in Rudy’s cage
Exhibit 10: Photo of cage temperature reading – Rudy
Exhibit 11: Photo of temperature reading - Rudy
In her opinion, the treatment of the dogs due to improper shelter and lack of water is a violation of
Ordinance. The dogs are to have shelter including 3 solid walls, a floor and a roof and water
always provided.
Ms. Buchner testified:
• She acquired Hopper a year ago and Rudy 3 months later.
• Rudy began to show signs of aggression, so he was rehomed however the new owner had to
return the dog shortly thereafter.
• To counter the aggressiveness, she began placing the cages outside the home and always
made sure they had food and water however Hopper drinks the water very fast.
• Hopper was in a smaller cage on the advice of a trainer due to a previous accident.
• She was not aware of the 3 wall, roof and floor requirements for shelter and immediately
moved the dogs inside upon learning of the Ordinance.
• When Officer Frank left the scene due to an emergency, she notified her she would receive
a warning on the incident.
• Days later she was notified a Citation would be issued with a fine imposed due to attention
the case received on Facebook.
• She felt it was improper to be notified a warning would be issued, but because of Social
Media it was determined a fine should be imposed.
• She has obtained a larger crate for Hopper.
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During questioning by Manager Crotts she acknowledged the dog had no water and the cage was
too small for the dog. She checks on the dogs throughout the day on a 1 – 2 hour basis and on the
day of the incident she was away from the home 1 ½ hours.
Manager Crotts noted due to the Citation being contested, a fine of up to $500.00 could be
imposed.
Special Magistrate Neale UPHELD Issuance of the Citation and noted Ms. Buchner took
measures to address the violation and ordered her to:
1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of each case.
2. Pay and Administrative Fee of $7.00 incurred in the prosecution of each case.
3. Pay a Fine of $100.00 for each case.
4. Total charges due are $314.00 to be paid within 30 days of this hearing with failure to pay
resulting in a lien on the individual.
B. EMERGENCY CASES
None
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
2. 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
Date of Notice of Hearing by Certified Mail: 11/12/24
Date of Property/Courthouse Posting: 11/18/24
Officer Musse represented the County testifying the violation has been abated but not in the
prescribed timeframe. There was a question of ownership (County vs. A & T Investments, LLC)
of the parking lot and if the County was responsible for any or all the repairs to the lights. Mr.
Nguyen was cooperative and took all actions in a timely manner to abate the violation.
Special Magistrate Order: No. 6309 Page: 1221
Fine Amount: $100.00/day
Duration: 56 days
Total Fine Amount: $66,250.00
Unpaid Operational Costs: $112.00
Total to Date: $66,362.00
Thomas Nguyen represented A & T Investments, LLC. and confirmed Officer Musse’s
testimony.
January 10,2025
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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 $1,112.00 ($1,000.00 in fines and
$112.00 in Operational Costs). Said amount payable in 30 days of this hearing and to become
a lien on the property.
3. CASE NO: CESD20230000230
OWNER: Alice Licker
OFFICER: Jason Packard
VIOLATIONS: Collier County Land Development Code 04- 41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Conversion of
back porch of multifamily unit from screen to glass on all sides.
FOLIO NO: 29795002488
PROPERTY ADDRESS: 3955 Deer Crossing Ct Unit 104, Naples, FL 34114
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/16/24
Officer Packard represented the County testifying the violation has been abated, but not in the
prescribed timeframe.
Special Magistrate Order: No. 6300 Page: 3811
Fine Amount: $200.00/day
Duration: 140 days
Total Fine Amount: $28,000.00
Unpaid Operational Costs: $223.55
Total to Date: $28,111.55
Ms. Licker testified she purchased the unit with the improvements in place and had to obtain
permits and inspections to abate the violation. Given the nature of the work, it was difficult to find
a contractor to complete the work which delayed abating the violation.
Special Magistrate Neale, after reviewing the factors of the case, DENIED the County’s
Motion for Imposition of Fines and Liens.
4. CASE NO: CESD20230005491
OWNER: Santiago D Bazan
OFFICER: Payten Curl
VIOLATIONS: Collier County Land Development Code 04- 41, as amended, Sections
10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Two unpermitted structures in the rear
of property. Additionally, the outdoor grill installed requires a permit.
FOLIO NO: 36239120000
PROPERTY ADDRESS: 5114 19th Ct SW, Naples, FL 34116
Officer Curl represented the County and testified the violation has not been abated amassing fines
and costs in the amount of $6,512.05. The permits have been applied for but are in rejected status
and it appears compaction tests are required.
Candela Acosta represented the Respondent and testified she filed for the permits herself and was
not familiar with the process which has delayed abating the violation.
Special Magistrate Neale CONTINUED the case until the February 2025 Special Magistrate
hearing date with fines continuing to accrue.
January 10,2025
14
14. 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 23 rd Ave SW, Naples, FL 34116
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/17/24
Officer Holmes represented the County and testified the violation has been abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6415 Page: 2657
Fine Amount: $50.00/day
Duration: 7 days
Total Fine Amount: $350.00
Unpaid Operational Costs: $111.85
Total to Date: $461.85
Bill Manning represented the Respondent and testified it is his mother’s property, and he is her
care giver. He had a garage sale, and some items did not get stored immediately after the activity
but did eventually 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 $111.85 for the Operational Costs
in the case. Said amount payable in 30 days of this hearing and to become a lien on the
property.
15. CASE NO: CESD20230003643
OWNER: Kimberly J Hall and Christopher K Hall
OFFICER: Adam Collier
VIOLATIONS: Collier County Land Development Code 04 - 41, as amended, Sections
10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Carport extension
and roof work with no permits.
FOLIO NO: 153200003
PROPERTY ADDRESS: 1613 W Mount Vernon Ln, Naples, FL 34110
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/16/24
Officer Collier represented the County and testified the violation has been abated but not in the
prescribed timeframe.
Special Magistrate Order: No. 6362 Page: 2589
Fine Amount: $200.00/day
Duration: 34 days
Total Fine Amount: $6,800.00
Unpaid Operational Costs: $111.75
Total to Date: $6,911.75
January 10,2025
15
Kimberly and Christopher Hall testified they are from Canada and long distance dealing with the
situation delayed abating the violation. He completed the work himself and didn’t realize permits
were required. After the permits were obtained and inspections completed no corrections to the
work were required by 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 $911.75 ($800.00 in fines and
$111.75 in Operational Costs). Said amount payable in 30 days of this hearing and to become
a lien on the property.
16. CASE NO: CELU20230008823
OWNER: Johanna Dominguez
OFFICER: Craig Cooper
VIOLATIONS: Collier County Land Development Code 04 - 41, as amended, Sections
1.04.01(A) and 2.02.03. Shipping container stored on an unimproved Estates
zoned property.
FOLIO NO: 39661920008
PROPERTY ADDRESS: NO SITE ADDRESS, Naples, FL 34120
Officer Cooper represented the County testifying the violation has not been abated amassing fines
and costs in the amount of $9,311.70 ($9,200.00 in fines and $111.70 in Operational Costs).
Johanna Dominguez and Kevin Trobler were present.
Mr. Tobler testified:
• The lot has been purchased for construction of a home and the container was placed to
store tools and other items necessary for the work.
• An architect was engaged and paid $10,000 in advance for the design work and his lack
of response delayed the project.
• The drawings are completed, and a permit application was recently submitted.
Special Magistrate Neale CONTINUED the case to the April 2025 Special Magistrate Hearing
date with fines ceasing to accrue. Operational Costs of $111.70 to be paid within 30 days of
this hearing.
VII. PUBLIC HEARINGS
A. HEARINGS
10. CASE NO: CEPM20240004482
OWNER: 2754 SHOREVIEW 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(11), 22-231(12)(b), 22-231(12)(p) and 22-
231(12)(c). Fire damages to the exterior walls, roof, interior walls, ceiling, and
floors, electrical and plumbing system.
FOLIO NO: 81270640002
PROPERTY ADDRESS: 2632 Weeks Ave, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 12/12/24
Date of Property/Courthouse Posting: 12/16/24
The Respondent was not present
January 10,2025
16
Officer Musse testified the case involves a fire at the premise in 2023 and he obtained photos from
the Greater Naples Fire Department. The Notice of Violation was issued and the violation remains
with no permits for demolition or reconstruction filed with the County.
Evidence Entered: Exhibits 1 – 20: Photos dated 8/22/23 taken by Greater Naples Fire
Department
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 Permit(s),
Inspections and Certificate of Completion to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code to repair the damages to
the exterior walls, roof, interior walls, ceiling and floors, electrical and plumbing system
within 30 days of this hearing or a fine of $500.00 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
11. CASE NO: CEAC20240010682- 01
OWNER: Ida Marko
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section
14- 36(1)(F). Failure to provide grooming, issued on November 5, 2024, 2nd
Offense “Sammy”.
FOLIO NO:
PROPERTY ADDRESS: 7610 Davis Blvd, Naples, FL 34104
The case was combined with case #12.
12. CASE NO: CEAC20240010682-02
OWNER: Ida Marko
OFFICER: Cara Frank
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-
36(1)(D). Failure to provide medical care, issued on November 5, 2024, 1st
Offense “Sammy”.
FOLIO NO:
PROPERTY ADDRESS: 7610 Davis Blvd, Naples, FL 34104
Date of Notice of Hearing by Certified Mail: 12/13/24
Date of Property/Courthouse Posting: 12/16/24
The Respondent was not present.
Code Enforcement Manager Timothy Crotts and Officer Frank who was previously qualified
as an expert witness on Animal Cruelty, Neglect and Care represented the County.
Officer Frank testified:
January 10,2025
17
• The Citation was issued at the Domestic Animal Services facility where the dog was
brought in as a stray and when she arrived, Ms. Marko was present to claim the dog.
• Inspection of the dog revealed neglect including a lack of grooming and dental issues.
• Ms. Marko received violations in the past for lack of care of the animal.
• She has not had contact with the owner since 12/16 however a site visit where another adult
was present revealed the animal still had dental issues.
Evidence Entered: Exhibits 1 – 11: Photos dated 11/5/24
Exhibit 12: List of Prior violations issued to the Respondent
Manager Crotts recommended a fine of $500.00, Operational Costs of $50.00 and an
Administrative Fee of $7.00 be imposed for each case and the cases be referred to the Collier
County Sheriff’s Office for an Animal Cruelty investigation.
Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was
ordered to:
1. Pay Operational Costs in the amount of $50.00 incurred in the prosecution of this case for
each case.
2. Pay and Administrative Fee of $7.00 incurred in the prosecution of each case.
3. Pay a Fine of $500.00 for each case.
4. Total charges due are $1,114.00 to be paid within 30 days of this hearing with failure to pay
resulting in a lien on the individual.
5. The cases are referred to the Collier County Sheriff’s Office for an Animal Cruelty
investigation.
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
None
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20220005683
OWNER: Donna Juliette Anne Hall
OFFICER: John Johnson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22- 228(1), 22- 231(12)(b) and 22-231(12)(c). Vacant
structure that is not being properly
maintained. The structure has a damaged roof and exterior wall damage which
constitute a violation of the aforementioned ordinances.
PROPERTY ADDRESS: 4608 Dominion Drive, Naples, FL 34112
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/17/24
The Respondent was not present.
Officer Johnson represented the County testifying the violation as not been abated amassing fines
and costs in the amount of $30,812.30. He noted the work has been completed and awaiting
inspection. The representative who wished to appear today did not have the proper Power of
Attorney executed for the case.
January 10,2025
18
Special Magistrate Neale noted the Motion needs to be amended as the fines did not accrue from
January 6, 2024 to December 7, 2024 at which time they began accruing again.
Special Magistrate Neale CONTINUED the case to the February 2025 Special Magistrate
hearing date with the fines continuing to accrue. Operational Costs in the amount of $112.30
to be paid within 30 days of this hearing.
8. 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 34110
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/14/24
The Respondent was not present.
Officer Collier represented the County testifying the violation was abated by the County.
Special Magistrate Order: No. 6405 Page: 2089
Fine Amount: $100.00/day
Duration: 49 days
Total Fine Amount: $4,900.00
Unpaid Abatement Costs: $245.00
Unpaid Operational Costs: $223.50
Total to Date: $5,368.50
Special Magistrate Neale, after reviewing the factors of the case, GRANTED the County’s
Motion for Imposition of Fines and Liens in the amount of $5,368.50. Said amount payable
in 30 days of this hearing and to become a lien on the property.
11. CASE NO: CENA20240007156
OWNER: Sergey Yurevich Terekhov
OFFICER: Charles Marinos
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,
Sections 1.04.01(A) and 2.02.03. Improved Estates zoned property with litter
and prohibited outdoor storage including but not limited to the following:
furniture, auto parts, glass, metal, plastic, wood, tires, barrels, outboard motors,
and pallets.
FOLIO NO: 40686720007
PROPERTY ADDRESS: 3580 2 nd Ave NE, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/17/24
The Respondent was not present.
Officer Marinos represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6412 Page: 2261
Fine Amount: $200.00/day
Duration: 63 days
January 10,2025
19
Total Fine Amount: $12,600.00
Unpaid Operational Costs: $223.45
Total to Date: $12,823.45
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 $12,823.45with fines continuing to
accrue. Said amount payable in 30 days of this hearing and to become a lien on the property.
12. CASE NO: CEV20240007158
OWNER: Sergey Yurevich Terekhov
OFFICER: Charles Marinos
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section
130- 95. An improved Estates zoned property with multiple
Unlicensed/inoperable vehicles on site including but not limited to the
following: Large beige RV next to primary structure, approximately 20- foot
boat lying on the ground, multiple small utility trailers in the rear, and a blue
tow behind RV.
FOLIO NO: 40686720007
PROPERTYADDRESS: 3580 2nd Ave NE, Naples, FL 34117
Date of Notice of Hearing by Certified Mail: 12/16/24
Date of Property/Courthouse Posting: 12/17/24
The Respondent was not present.
Officer Marinos represented the County testifying the violation has not been abated.
Special Magistrate Order: No. 6412 Page: 2455
Fine Amount: $100.00/day
Duration: 63 days
Total Fine Amount: $6,300.00
Unpaid Operational Costs: $223.45
Total to Date: $6,523.45
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 $6,523.45 with fines continuing to
accrue. Said amount payable in 30 days of this hearing and to become a lien on the property.
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.
January 10,2025
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
None
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.
XI. REPORTS
None
XII. NEXT MEETING DATE—February 7, 2025 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 1:42PM.
COLLIER COUNTY SPECIAL MAGISTRATE
HEARING
Patrick H. Nied1e ecial Magistrate
The;Minutes were approved by the Special Magistrate on � Z4.
✓ , or as amended , as presented
20