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CESM Minutes 03/07/2025 March 7, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, March 7, 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: Jeff Letourneau, Manager of Inspectors Helen Buchillon, Code Enforcement Specialist March 7, 2025 2 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. 1. 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. 2. 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: 9:30am 3. APPROVAL OF AGENDA Ms. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers): Under Item 7.A – Hearings, the following cases were moved to 6. – Stipulations: 2. CASE NO: CESD20240008336 - Dennis Ray Krum Jr 4. CASE NO: CELU20240010182 - Aguilar 6. CASE NO: CEAC20240012307-03 - Shirley Garcia 7. CASE NO: CEAC20240012307-06 - Raquel Steele 8. CASE NO: CEAC20240012307-07 - Raquel Steele Under Item 8.B – Motion for Imposition of Fines and Liens, the following case were withdrawn: 4. CASE NO: CESD20230008241 -K2 HOUSING NAPLES LLC 5. CASE NO: CESD20230007975 - K2 HOUSING NAPLES LLC 11. CASE NO: CESD20230003747 - BROUWER ENTERPRISES 2010 INC Special Magistrate Neale approved the Agenda as modified. 12. APPROVAL OF MINUTES The minutes of the February 7, 2025 hearing were approved by Special Magistrate Neale. 5. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS 1. CASE NO: CESD20230003747 OWNER: BROUWER ENTERPRISES 2010 INC OFFICER: Cristina Perez 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). Mini split air conditioning unit installed without a valid/issued permit. FOLIO NO: 63760002220 PROPERTY ADDRESS: 6032 Diamonte Pl, Ave Maria, FL 34142 March 7, 2025 3 Kiplan Brouwer requested a 90 day extension as he’s had contractor and permitting issues to deal with and there may be some work required to abate the violation. He noted he filed the request in a timely manner on January 9, 2025 but there was some confusion with the email being delivered. Supervisor Perez represented the County and had no objection to the request and acknowledged there was an issue with delivery of the email. Special Magistrate Neale GRANTED the motion for an Extension of Time of Compliance Deadline for 90 days. B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE 1. CASE NO: CESD20220009434 OWNER: William J Snider OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Deck installed, screen enclosure removed and replaced with sliders. All these improvements and alterations require Collier County building permits. FOLIO NO: 24220001687 PROPERTY ADDRESS: 2084 Pine Isle Ln #2084, Naples, FL 34112 Officer Pulse represented the County. William Snider testified: • The remaining portion of the case involves sliding glass doors which were installed over 20 years ago without a permit. • He has owned the unit since 2013 and the violation was discovered during the officer’s inspection of the deck installed. • He has had contractor and consultant issues given the job is small. • A permit has been filed and a correction letter was issued on 2/28/24 which he replied to on 3/5/24. He requested an additional 90 days to abate the violation. Special Magistrate Neale GRANTED the motion for Extension of Compliance Deadline for 90 days with the fines (if any) ceasing to accrue. 2. CASE NO: CESD20230009119 OWNER: Jose Jaramillo and Maria Guadalupe Jaramillo OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Two unpermitted structures on the property. Permit PRROW200205637 for a new paver driveway, and Permit PRBD20190208512 for roof mounted grid system that are now expired. FOLIO NO: 22670480009 PROPERTY ADDRESS: 3616 Poplar Way, Naples, FL 34112 Officer Pulse represented the County. Jose Jaramillo testified he has made progress over the past 30 days including obtaining the permit for the roof mounted grid system, applying for a right-of-way permit and determining whether permits are required for the shed structures which are on wheels. He will allow Code Enforcement Officers to access the property to inspect the sheds. March 7, 2025 4 Special Magistrate Neale GRANTED the motion for Extension of Compliance Deadline until the April 2025 Special Magistrate hearing date. C. MOTION FOR REHEARING None 6. STIPULATIONS 2. CASE NO: CESD20240008336 OWNER: Dennis Ray Krum Jr OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). An improved Estates zoned property with multiple sheds on site constructed without permits. FOLIO NO: 4144208000 PROPERTY ADDRESS: 4252 26th Ave SE, Naples, FL 34117 Date of Notice of Hearing by Certified Mail: 2/5/25 Date of Property/Courthouse Posting: 2/7/25 Officer Marinos requested the hearing. The Stipulation was entered into by Dennis Krum, Jr. on March 6, 2025. Special Magistrate Neale found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy to keep or remove the unpermitted sheds within 60 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 6. CASE NO: CEAC20240012307-03 OWNER: Shirley Garcia OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Running at large, Citation issued on February 2, 2025, 3rd Offense, "Ellie". FOLIO NO: PROPERTY ADDRESS: 1448 Everglades Blvd S, Naples, FL 34117 Officer Frank requested the hearing. The Stipulation was entered into by Shirley Garcia on March 7, 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. March 7, 2025 5 3. Pay a Civil Penalty of $500.00. 4. The Civil Penalty will be reduced to $300.00 contingent upon animal owner completing the Responsible Pet Ownership class and remaining free of any animal related violations during a six month probationary period. Should any violation occur within this timeframe, the full Civil Penalty of $500.00 will be reinstated. 5. Total charges due are $357.00 to be paid within 120 days of this hearing. Failure to pay within the specified timeframe may result in a lien being placed against the individual. 7. CASE NO: CEAC20240012307-06 OWNER: Raquel Steele OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(B). Running at Large. Citation issued on February 2, 2025. 3rd offense. "Ceasar". FOLIO NO: PROPERTY ADDRESS: 1448 Everglades Blvd S, Naples, FL 34117 Date of Notice of Hearing by Certified Mail: 2/6/25 Date of Property/Courthouse Posting: 2/10/25 Officer Frank requested the hearing. The Stipulation was entered into by Raquel Steele on March 7, 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 Civil Penalty of $500.00. 4. The Civil Penalty will be reduced to $300.00 contingent upon animal owner completing the Responsible Pet Ownership class and remaining free of any animal related violations during a six month probationary period. Should any violation occur within this timeframe, the full Civil Penalty of $500.00 will be reinstated. 5. Total charges due are $357.00 to be paid within 90 days of this hearing. Failure to pay within the specified timeframe may result in a lien being placed against the individual. 8. CASE NO: CEAC20240012307-07 OWNER: Raquel Steele OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14- 35(1)(E). Damage to property. Citation issued on February 2, 2025. 1st offense. "Ceaser." FOLIO NO: PROPERTY ADDRESS: 1448 Everglades Blvd S, Naples, FL 34117 Date of Notice of Hearing by Certified Mail: 2/6/25 Date of Property/Courthouse Posting: 2/10/25 Officer Frank requested the hearing The Stipulation was entered into by Raquel Steele on March 7, 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. March 7, 2025 6 3. Pay a Civil Penalty of $500.00. 4. Total charges due are $557.00 to be paid within 90 days of this hearing. Failure to pay within the specified timeframe may result in a lien being placed against the individual. 8. PUBLIC HEARINGS A. HEARINGS 3. CASE NO: CELU20240010182 OWNER: Gerardo Ramirez Aguilar OFFICER: Bradley Holmes VIOLATIONS: Collier County Laws and Ordinances Chapter 54 Article VI Section 54-179 and the Collier County Land Development Code 04-41 as amended Sections 1.04.01(A) and 2.02.03. A large amount of litter dumped in the rear portion of the property that includes but is not limited to vegetative debris generated off site. FOLIO NO: 40627680009 PROPERTY ADDRESS: 2861 Golden Gate Blvd E, Naples Fl 34120 Supervisor Holmes represented the County and testified the Notice of Violation was issued on December 12, 2024 following a site inspection and it was abated on March 6, 2025. He requested a Finding of Fact be issued that the Respondent was in violation at the time the notice was issued. Evidence Entered: Exhibit 1 - 4: Aerial photos 2018, 2019, 2021 and 2024 Exhibit 5 – 17: Photos dated 3/3/25 Exhibit 18 – Consent of Entry form Exhibit 19 -20: Photos dated 3/6/25 Exhibit 21: Consent of Entry Form Speakers Timothy Maloney noted the violation is a horticulture issue and wants to ensure the debris was disposed of properly and requested the review the “dump tickets” as required in the Notice of Violation. Supervisor Holmes noted the official Notice of Violation (NOV) issued on December 12th did not require “dump tickets” to be provided as the County. There was a draft NOV prepared on November 12th which contained the “dump ticket” language. Manager Letourneau noted the official NOV did not include the “dump ticket” language as the County cannot compel the Respondent to provide the information. Special Magistrate Neale noted provision of “dump tickets” was not required as part of the Order. William Mares provided photos, however it was determined his comments were applicable to Case #5 to be heard next. Special Magistrate Neale, after hearing the testimony and reviewing the evidence, found the violation existed at the time the Notice of Violation was issued. 5. CASE NO: CEVR20240011832 OWNER: 3861 11TH AVE SW NAPLES LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Laws and Ordinances Chapter 54 Article VI Section 54-179 and the Collier County Land Development Code 04-41 as amended Sections 1.04.01(A) and 2.02.03. A large amount of litter dumped in the rear portion of March 7, 2025 7 the property that includes but is not limited to vegetative debris generated off site FOLIO NO: 37994600000 PROPERTY ADDRESS: 3861 11 Ave SW, Naples Fl 34117 Date of Notice of Hearing by Certified Mail: 2/19/25 Date of Property/Courthouse Posting: 2/20/25 Gerardo Aguilar, owner of the company was present. Officer Holmes represented the County and testified • The case involves a complaint filed and upon inspection of the property he identified land had been cleared without the appropriate permits. • He notified the Respondent who began compliance, but to date little work has been completed. • As of March 6, 2025 the violation remains, however the Respondent has filed a permit application to abate the violation. • Clearing related to a home is limited to 1 acre and the area in question is greater in size. Evidence Entered: Exhibit 1 – 2: Photos dated 12/3/24 Exhibit 3: Consent of Entry form Exhibit 4: Determination by Environmental Department Exhibit 5: Aerial photo of property showing extent of clearing Speakers Timothy Maloney noted the Order for this case did require dump tickets, however they were not provided and the horticulture was not disposed of in a proper manner. Supervisor Holmes noted this case involves unpermitted land clearing, not disposal. Manager Letourneau noted he cannot compel the Respondent to provide the tickets and is not applicable to this case. William Mares displayed aerial photos depicting the cleared area on the property. There were 40 foot high piles of material on site and he filed a complaint in July of 2024. The activity was a fire hazard and habitat for rats. The photos also showed commercial vehicles stored in the area and 3 businesses being conducted on the property. Supervisor Holmes noted there should be no discussion on the business as it may be an upcoming case. Mr. Mares noted the material was buried on site approximately 10 feet deep, and the activity caused flooding to neighboring property. Special Magistrate Neale noted the case involves land clearing, not disposal of debris. Manager Letourneau noted evidence needs to be provided on the disposal location of the material before a case can be considered by the County. Ritoguidor Garcia, a partner in the business was present. Mr. Augilar authorized Mr. Garcia to speak on his behalf. Mr. Garcia noted they want to comply with the County regulations and requested 90 days to abate the violation. He questioned the aerial photo as the area outlined for the clearing shows vegetation. Supervisor Holmes noted the aerial shows vegetated material and the outlined area is an estimation of what has been cleared, and a formal survey of the property has not been performed. Mr. Garcia noted much of what was removed were exotics such as Brazilian Pepper and Melaleuca. March 7, 2025 8 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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 approved mitigation plans including the execution of approved mitigation, Building Vegetation Removal Permits, Inspections and Certificate of Completion/Occupancy to either keep the unpermitted improvement of the property as is, or to restore the property to its originally permitted condition within 30 days of this hearing or a fine of $300.00 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 Recessed: 10:55am Reconvened 11:10am 4. CASE NO: CENA20230009867 OWNER: Adele P. Beatty OFFICER: Thomas Pitura VIOLATIONS: Collier County Laws and Ordinances Chapter 54 Article VI Section 54-185(d). Presence of prohibited exotic vegetation, including but not limited to Brazilian Pepper, Acacia and Carrotwood on an unimproved property located within a 200 foot radius of an abutting, improved property. FOLIO NO: 61945720206 PROPERTY ADDRESS: No site address, Naples, Fl. Date of Notice of Hearing by Certified Mail: 2/21/25 Date of Property/Courthouse Posting: 2/21/25 The Respondent was not present. Officer Pitura testified the property is unimproved and the owner was deceased in 1993 and the ownership of the parcel is in question. Special Magistrate Neale queried if the County would abate the violation. Manager Letourneau noted based on the value of the property, it would not be prudent to spend public funds to address the issue. Evidence Entered: Exhibit 1 – 2: Photos dated 11/7/23 Exhibit 3: Photo dated 4/17/24 Exhibit 4: Aerial photo of property Exhibit 5: Copy Collier County Appraiser tax card Speaker Steve Mccaffery, noted he is the complainant and expressed concern on the condition of the property. Special Magistrate Neale, suggested Mr. Mccaffery contact the County Commissioners on the matter. March 7, 2025 9 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, 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 Permits and/or approvals to remove or cause to remove all prohibited Collier County exotics on this parcel within a 200 foot radius of any abutting unimproved property within 30 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 B. EMERGENCY CASES None 5. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. 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 Officer Athey testified the violation has not been abated amassing fines and costs in the amount of $3,023.45. Rebecca Matthews testified she has financial issues and the cost to remediate the damage from the fire is estimated at $20,000. She contacted Federal, State and local agencies as well as local nonprofits and hasn’t been able to obtain any assistance in the matter. She continues to pursue avenues to abate the violation and requested additional time to address the matter. Officer Athey noted power to the dwelling is terminated at the utility pole for safety purposes. The parties discussed various avenues to seek financial assistance, including Mr. Athey contacting the Collier Building Industry Association on Ms. Matthews behalf. Special Magistrate Neale Continued the case until the June 2025 Special Magistrate Hearing date with the fines ceasing to accrue. 2. CASE NO: CESD20240006008 OWNER: KATHLEEN M TROTTER REV TRUST OFFICER: Eric Pirosseno March 7, 2025 10 VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and The Florida Building Code 109.1. Permit PRBD20180427708 has expired with outstanding fees due. FOLIO NO: 65271120000 PROPERTY ADDRESS: 169 Viking Way, Naples, FL 34110 Officer Pirosseno testified the violation has not been abated amassing fees and costs in the amount of $5,523.70. The case revolves around unpaid permit fees of $120.00, Kathleen Trotter testified the permit was for work to repair damage from Hurricane Irma and was unaware of the County seeking the costs remaining. The parties discussed the violation. Manager Letourneau withdrew the case. Special Magistrate Neale ordered the Respondent to pay the permit fees and Operational Costs due in the amount of $231.70 within 30 days of this hearing. 3. 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 testified the violation has not been abated amassing fines and costs in the amount of $9,524.45. Candela Acosta testified the both permits required to abate the violation are anticipated to be issued soon. Special Magistrate Neale Continued the case until the April 2025 Special Magistrate Hearing date with the fines ceasing to accrue. Respondent to pay Operational Costs due in the amount of $112.35 within 30 days of this hearing. 6. CASE NO: CEROW20240008754 OWNER: John Christmas OFFICER: Brian Owen VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-32. Vegetative materials in the right-of-way that is obstructing the natural flow of water. FOLIO NO: 36912560000 PROPERTY ADDRESS: 321 21st St NW, Naples, FL 34120 Supervisor Holmes represented the County testifying the violation has been abated but not in the prescribed timeframe. Special Magistrate Order: No. 6247 Page: 3484 Fine Amount: $100.00/day Duration: 55 days Total Fine Amount: $6,500.00 Unpaid Operational Costs: $111.85 Total to Date: $5,611.85 March 7, 2025 11 John Christmas testified he has abated the violation by the middle of February, 2025 following his appearance at the previous hearing. 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 $811.85 ($700.00 in fines and $111.85 in Operational Costs). Said amount payable within 30 days of this hearing and to become a lien on the property. 9. CASE NO: CEPM20240008133 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(1), 22-231(11) and 22-231(19). Presence of mold in the hallway closet, leak that appears to be coming from the ceiling hallway closet, inoperable disposal unit, clogged drain in the kitchen sink, leak in the refrigerator, loose front doorknob not properly secured, and missing doorbell with exposed wires. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4185 Heritage Circle Unit 108, Naples, FL 34116 Officer Musse testified a contractor has been engaged to abate the violation however no permits have been filed. Nilda Bozan, Property Manager represented the Respondent and reported the leak has been repaired and requested 90 days to finish abating the violation. The unit is unoccupied. Special Magistrate Neale Continued the case until the June 2025 Special Magistrate Hearing date with the fines continuing to accrue. Respondent to pay civil fine in the amount of $500.00 and Operational Costs of $335.40 previously due for a total amount payable of $835.40 within 30 days of this hearing. 7. CASE NO: CEPM20240002432 OWNER: PACIFCA 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 Circle Unit 103, Naples, FL 34116 Officer Musse testified the leak has been repaired however there are no permits on file to remediate the drywall damage. Nilda Bozan testified she is working on abating the violation however permits may be required for the drywall work. Special Magistrate Neale Continued the case until the May 2025 Special Magistrate Hearing date with the fines continuing to accrue. Respondent to pay civil fine in the amount of $250.00 and Operational Costs of $335.80 previously due for a total amount payable of $585.80 within 30 days of this hearing. Special Magistrate Neale requested Ms. Bozan to notify management of Pacifica on the amount of fines being accrued for these 2 cases. March 7, 2025 12 Recessed: 12:30pm Reconvened: 12:40pm 8. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CENA20230011168 OWNER: A PAUL GREGG TR OFFICER: Jason Packard VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Section 54-185(d). Prohibited Collier County Exotics present on an unimproved property including but not limited to Ear leaf Acacia and Brazilian Pepper within 200 feet of multiple improved parcels. FOLIO NO: 55254880005 PROPERTY ADDRESS: NO SITE ADDRESS, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 2/12/25 Date of Property/Courthouse Posting: 2/14/25 The Respondent was not present. Officer Packard testified the parcel in question is unimproved and landlocked. The owner cannot be located. Evidence Entered: Exhibit 1: Aerial photo of property Exhibit 2: Property tax data Exhibit 3: Plat Map Exhibit 4-9: Photos dated 12/20/23 Exhibit 10 -14: Photos dated 12/5/24 Exhibit 15 -17: Photos dated 3/6/25 Exhibit 18: Determination by Environmental Department Special Magistrate Neale, after hearing the testimony and reviewing the evidence, found the Respondent GUILTY of the alleged violation and was ordered to: 1. Pay Operational Costs in the amount of $111.80 incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County permits and/or approvals to remove or cause to remove all prohibited Collier County exotics on this parcel within a 200 foot radius of any abutting unimproved property within 30 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: $111.80 9. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS March 7, 2025 13 8. 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, and electrical and plumbing system. FOLIO NO: 81270640002 PROPERTY ADDRESS: 2632 Weeks Ave, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 2/12/25 Date of Property/Courthouse Posting: 2/13/25 The Respondent was not present Officer Musse represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6435 Page: 3253 Fine Amount: $500.00/day Duration: 26 days Total Fine Amount: $13,000.00 Unpaid Operational Costs: $223.50 Total to Date: $13,223.50 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 $13,223.50. Said amount payable within 30 days of this hearing with fines continuing to accrue and to become a lien on the property. 8. CASE NO: CESD20230007807 OWNER: TJS NAPLES LLC C/O WALGREEN CO OFFICER: Jason Packard VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permit PRHV20180212003. AC replacements for which work had commenced. FOLIO NO: 25368000028 PROPERTY ADDRESS: 12780 Tamiami Trail E, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 2/12/25 Date of Property/Courthouse Posting: 2/13/25 The Respondent was not present. Officer Packard represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6396 Page: 3850 Fine Amount: $100.00/day Duration: 150 days Total Fine Amount: $15,000.00 Unpaid Operational Costs: $223.85 Total to Date: $15,223.85 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 $15,223.85. Said amount payable within 30 days of this hearing with fines continuing to accrue and to become a lien on the property. March 7, 2025 14 12. CASE NO: CEPM20220005683 OWNER: Donna Juliette Anne Hall OFFICER: Delicia Pulse 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. FOLIO NO: 22625000007 PROPERTY ADDRESS: 4608 Dominion Drive, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 2/12/25 Date of Property/Courthouse Posting: 2/13/25 The Respondent was not present. Officer Pulse testified the Respondent is still attempting to obtain the necessary inspections to abate the violation. She has had contact with the representative who has appeared in the past and was under the impression he would attend today’s hearing. Special Magistrate Neale continued the case until the April 2025 Special Magistrate hearing date with fines continuing to accrue. Respondent to pay Operational Costs due in the amount of $336.40 within 30 days of this hearing. 9. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None 10. 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. 11. REPORTS None 12. NEXT MEETING DATE – April 4, 2025 at 9:00am March 7, 2025 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1:20 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING �f. Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on / L- , as presented , or as amended 15