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CESM Minutes 05/02/2025 May 2, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, May 2, 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 Miriam Lorenzo, Administrative Support Specialist May 2, 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: 9:25am 3. APPROVAL OF AGENDA Ms. Lorenzo 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: 7. CASE NO: CEVR20240003156 - Kris Kristoff 12. CASE NO: CEAC20250003347 - Erick Innis and Alyssa Innis Under Item 7.A– Hearings, the following cases were withdrawn: 1. CASE NO: CEEX20250002171-3940-FCJ - Charline Heriveaux 2. CEEX20250003240 - AVIS BUDGET CAR RENTAL LLC 4. CESD20240005208 - John C Rogers and Susan H Alexander 5. CENA20240005220 - John C Rogers and Susan H Alexander 8. CASE NO: CEPM20240012316 - OWNER: INFINITY SOUTH BAY LLC 10. CESD20230003748 - Wisdom D Akpaka Under Item 8.B – Motion for Imposition of Fines and Liens, the following case were withdrawn: Hearings: 1. CASE NO: CEVR20220007489 - TITUS ENTERPRISES LLC 17. CESD20230005491 - Santiago D Bazan Special Magistrate Neale approved the Agenda as modified. 4. APPROVAL OF MINUTES The minutes of the April 4, 2025 hearing were approved by Special Magistrate Neale. 5. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS None May 2, 2025 3 B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE 1. CASE NO: CESD20230000435 OWNER: Marcos Benavides Ramos and Josefina Almaraz Ramirez OFFICER: Payten Curl 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 the addition on rear of property. FOLIO NO: 36238520009 PROPERTY ADDRESS: 5375 Hunter Blvd, Naples, FL 34116 Officer Curl represented the County Marcos Benavides Ramos testified they originally engaged a consultant who was nonresponsive and had to hire another architect for the project. Officer Curl confirmed the Respondent paid “Octavio” $5,000 for the work and had to engage another consultant. Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Compliance Deadline until the November 2025 Special Magistrate hearing date. 2. CASE NO: CEVR20220010806 OWNER: Luc Goemaere and Liping Wu OFFICER: Jason Packard VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 3.05.07(C)(3)(b), 3.05.07(F)(3)(a) and 3.05.07(F)(3)(g)(i)(b). Trees and vegetation removed from lot and fill brought into lot without issuance of appropriate Collier County permits or other approvals. FOLIO NO: 437560003 PROPERTY ADDRESS: 306 Sabal Palm Rd, Naples, FL 34114 Officer Collier represented the County. Luc Goemaere and Liping Wu were present. Mr. Goemaere testified he purchased the property as agricultural land and pays Collier County taxes based on an agricultural land. He has a Farm Bureau license for the property. Officer Collier noted the case has been ongoing since December of 2022 and the County will be seeking the Imposition of fines for the unabated violation given permits are required for the clearing and filling activity. Mr. Goemaere testified he is working with the South Florida Water Management District to resolve issues on wetlands impacts however given the status of the property he should not be subject to Collier County regulations for clearing. He did not bring any fill onto the property. Lisa Blackledge, Planning Manager testified the property is environmentally sensitive lands and cattle grazing is an allowed use. Discussion occurred between the parties on the applicability of the Right to Farm Act in relation to the property including if the use of the site meets the requirements of the Act, whether permits to clear areas are exempt from County regulations, etc.. Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Compliance Deadline until the June 2025 Special Magistrate hearing date. Both parties are to submit to the May 2, 2025 4 Special Magistrate a summary on their position on the property’s status under the Right to Farm Act. Said summary due 5 days prior to the hearing date. 3. CASE NO: CEPM20240007980 OWNER: BRITTANY BAY APTS I LLC C/O SPIRA BRITTANY BAY I LLP 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. FOLIO NO: 25117900023 PROPERTY ADDRESS: 14855 Mystic Lake Circle, Unit 104, Naples, FL 34119 Officer Musse represented the County Richard Ricciardi, attorney and Nicole Martinez Property Manager testified work continues to abate the violation including obtaining the required inspections. They provided photos dated 5/1/25 showing the progress of the project noting additional time is required to abate the violation. Officer Musse testified the permit is active until 10/15/25 with many inspections remaining, mainly related to fire codes. He anticipated the project could be completed in 30 days. Melissa Buchman, tenant testified she has been relocated out of the unit for over 6 months and is still responsible for water and electricity charges while contracts utilize the services. She expressed concern at the last hearing the Respondent indicated they were nearly complete and now are requesting additional time. Mr. Ricciardi noted at the prior hearing they requested 90 days to abate the violation. Ms. Martinez testified they are trying to relocate Ms. Buchman to a 2 bedroom unit however it has not become available. Accounting statements indicate they have paid approximately $26,000 to Ms. Buchman for relocation and the rent has been abated since November. Ms. Buchman disputed the claim of $26,000 in payments noting it is more in the range of $12,000. Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Compliance Deadline until the June 2025 Special Magistrate hearing date 4. 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 Officer Pitura represented the County and testified the Respondent has an active permit until October 27, 2025 with inspections required for the work completed. The original contractor was “Octavio” and another consultant had to be engaged and the project is moving forward. Jacqueline Morales acted as translator for Mr. Granados Margarita Granados testified she needs additional time to have the inspections completed. Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Compliance Deadline until the August 2025 Special Magistrate hearing date. 5. CASE NO: CEVR20240011832 May 2, 2025 5 OWNER: 3861 11TH AVE SW NAPLES LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(D)(3)(e)(i) and 10.02.06(D)(3)(e)(ii). Unpermitted land clearing. FOLIO NO: 37994600000 PROPERTY ADDRESS: 3861 11th Ave SW, Naples, FL 34117 Supervisor Holmes represented the County. Gerardo Ramirez of 3861 11th Ave SW Naples, LLC testified he needs additional time to obtain the permits required to abate the violation. Supervisor Holmes testified a permit was applied for with a rejection letter issued on 4/16/25. Mr. Ramirez has remained in contact with the Officers involved in the case. Speaker William Mares testified he has a property adjacent to Mr. Ramirez who owns several parcels with the same issues. He believes the parcels are being cleared to store equipment and horticultural debris and Mr. Ramirez is a repeat offender. Special Magistrate Neale noted repeat violations are considered at the time there is a County motion for Imposition of Fine and Liens. Special Magistrate Neale GRANTED the Respondent’s Motion for Extension of Compliance Deadline until the August 2025 Special Magistrate hearing date. No further Extensions will be granted for the case. C. MOTION FOR REHEARING 1. 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 Dr., Naples, FL 34112 George Barber represented the Respondent. Officer Pulse and Colleen Karlen, Operations Manager represented the County. Ms. Karlen noted at the prior hearing fines were imposed, however there was an error in the documentation stating the violation was abated at the time of the hearing. It was subsequently determined the violation was not abated until April 15, 2025. Richard Tomaso, Assistant County Attorney noted the County needs to correct the record. Special Magistrate Neale GRANTED the County’s Motion for a Rehearing. Officer Pulse testified the violation was abated, but not in the prescribed timeframe. Special Magistrate Order: No. 6197 Page: 3612 Fine Amount: $100.00/day Duration: 333 days Total Fine Amount: $43,300.00 Unpaid Operational Costs: $338.25 ($225.45 for previous hearings and $112.80 for today’s hearing). May 2, 2025 6 Total to Date: $43,150.20 George Barber represented the Respondent and testified he was in the hospital at the time of the previous hearing. The violation was abated and contractor issues delayed abating the violation in the allotted timeframe. Special Magistrate Neale noted the case was ongoing for 2 ½ years which factored into the amount of fines imposed at the prior hearing which were a substantial reduction to those requested by the County. Special Magistrate Neale, after reviewing the factors of the case, AFFIRMED the previous ruling and GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $20,112.80 ($20,000.00 in fines and $112.80 in Operational Costs for today’s hearing). Said amount to become a lien on the property and fine amount to be paid within 180 days of this hearing and the Operational Costs within 30 days of this hearing. 6. STIPULATIONS 7. CASE NO: CEVR20240003156 OWNER: Kris Kristoff OFFICER: Donald Joseph VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 3.05.01(B). Clearing of vegetation and filling of land without obtaining applicable permits. FOLIO NO: 01134802306 PROPERTY ADDRESS: 525 Webb Rd., Copeland, FL 34137 The property owner’s name has been redacted from the documents in this case. Officer Joseph requested the hearing. Noel Davies, Attorney represented the Respondent. Speakers Patricia Briggs, adjacent property owner noted the lands are in an Area of Critical State Concern and expressed concerns on the activity and related enforcement activities. Barbara Galloway stated she has lived in the area since the 1980’s and expressed concern about the violation and activity on the property. She recommended no further activity as outlined in the Notice of Violation be allowed onsite until the case is resolved. Special Magistrate Neale noted the County is enforcing the Ordinance as a violation has been brought forth for the hearing. The Respondent, by executing a Stipulation admitted they are in violation of County Ordinances. The Stipulation was entered into by the owner of the property on May 1, 2025. Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them 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, building/vegetation removal/fill permit(s), Inspections and Certificate of Completion/Occupancy to either keep the unpermitted improvement of the property as is or restore the property to its originally permitted condition May 2, 2025 7 within 180 days of this hearing, or a fine of $100.00 per day for each day the violation continues. 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. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 14. CASE NO: CESD20220010237 OWNER: John A Wurtz and Maureen Wurtz OFFICER: Eric Pirosseno VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted interior re-model including but not limited to plumbing, electrical, and drywall. FOLIO NO: 77779000306 PROPERTY ADDRESS: 6057 Ashford Ln, Unit 403, Naples, FL 34110 Date of Notice of Hearing by Certified Mail: 4/7/25 Date of Property/Courthouse Posting: 4/8/25 Officers Adam Collier and Eric Pirosseno represented the County testifying the violation has been abated but not in the prescribed timeframe. Special Magistrate Order: No. 6371 Page: 1622 Fine Amount: $200.00/day Duration: 132 days Total Fine Amount: $26,400.00 Unpaid Operational Costs: $111.95 Total to Date: $26,511.95 Noel Davies represented the Respondent noting Ms. Wurtz was diligent in resolving the case. Contractor issues and dealing with the homeowners association delayed abating the violation. He requested the Operational Costs be imposed and all fines be waived. Maureen Wurtz agreed with Mr. Davies testimony. 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 $2,711.95 ($2,600.00 in fines and $111.95 in Operational Costs). Said amount to be paid within 30 days of this hearing and become a lien on the property. Recessed: 11:07am Reconvened: 11:25am 6. STIPULATIONS 12. CASE NO: CEAC20250003347 OWNER: Erick Innis and Alyssa Innis May 2, 2025 8 OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-39(7). Failure to obtain a permit. FOLIO NO: PROPERTY ADDRESS: 1470 9th St. SW, Naples, FL 34117 Officer Frank represented the County. The Stipulation was entered into by Erick Innis on May 2, 2025. Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them 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. 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 his property. 7. PUBLIC HEARINGS A. HEARINGS 6. CASE NO: CEPM20240003255 OWNER: WEST SHORE BELVEDERE LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Damages to the pipe causing water intrusion in the kitchen peninsula. FOLIO NO: 23908502807 PROPERTY ADDRESS: 492 Quail Forest Blvd, Unit 801, Naples, FL 34105 Date of Notice of Hearing by Certified Mail: 4/7/25 Date of Property/Courthouse Posting: 4/14/25 Officer Musse represented the County noting inspection revealed the violation and it’s been determined a permit is required for the work and no applications have been submitted. Evidence Entered: Exhibits 1-7: Photos dated 4/9/24 Exhibits 8-15: Photos dated 7/11/24 Mirtha Vafra, Property Manager represented the Respondent testified the community is under new management and they are working to abate the violation. Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them to: Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 1. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy for the repairs completed to the plumbing by the July Special Magistrate hearing date or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. May 2, 2025 9 Total Amount Due: $111.70 9. CASE NO: CEPM20240009131 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(19), 22-231(20) and 22-231(12)(p). Inoperable A/C, missing smoke detector and other smoke detectors are chirping indicating that the battery needs to be replaced, appearance of microbial growth on the ceiling in the dining room, bedroom, bathroom wall, bathroom exhaust vent and vanity. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4220 Washington LN, Unit 202, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/2/25 Date of Property/Courthouse Posting: 4/8/25 Officer Musse represented the County and testified the Notice of Violation was issued on 9/22/24 based on a site inspection. There has been progress made on abating the violation including the A/C and smoke detectors being repaired. He has been dealing with several different property managers at the property and a new team was recently assigned to the cases. Evidence Entered: Exhibits 1-15: Photos dated 9/22/24 Exhibits 16-37: Photos dated 5/1/25 Shar Beddow, Greater Naples Fire District testified: • The property is subject to numerous fire code violations including nonfunctioning fire alarm systems which is a health and safety issue. • Some buildings are under “fire watch” and there are no indications the Respondent is instituting the necessary processes for the activity. • If the issues are not resolved soon, they may require the building to be evacuated as the violation was issued on 7/22/24 and remains unabated. Nilda Bozan and Christiana Mejia represented the Respondent and testified they are working on abating the violation in the unit. TriServe Fire Protection has been engaged for the fire watch and DynaFire has been hired to deal with the work necessary for the systems to operate as intended. Special Magistrate Neale noted a company Vice President from California in charge of the Collier County properties was to appear at this hearing and failed to do so. An individual will be identified and subpoenaed for appearance at the next hearing date. Ms. Bozan noted the person responsible is Susan Pressley. Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them 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 requirements of the Collier County Property Maintenance Code to repair the A/C, smoke detectors and clean and sanitize the unit so it is free from microbial growth by the June 2025 Special May 2, 2025 10 Magistrate hearing date or a fine of $250.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 4. Respondent to provide the County contract license information as necessary for those performing work on the unit. Total Amount Due: $111.70 7. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 7. 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 damage to the drywall and floor. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4225 Heritage Cir, Unit 103, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/10/25 Date of Property/Courthouse Posting: 4/11/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $45,968.00. The unit is unoccupied and he performed a site inspection on 5/1/25. Evidence Entered: Exhibits 1-5: Photos dated 5/1/25 Nilda Bozan and Christiana Mejia represented the Respondent testifying “in house labor” is working on abating the violation. Code Enforcement Manager Timothy Crotts noted certain plumbing, electrical, etc. work performed on the unit requires a licensed plumber, electrician, etc. even if it is a company employee. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing in the amount of $112.20 to be paid within 30 days of this hearing. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. 8. 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. May 2, 2025 11 FOLIO NO: 35830040001 PROPERTY ADDRESS: 4250 Heritage Cir, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/11/25 Date of Property/Courthouse Posting: 4/14/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $42,335.55. Nilda Bozan and Christiana Mejia represented the Respondent. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. A Civil Penalty of $500.00 is imposed and Operational Costs for today’s hearing in the amount of $111.95 to be paid within 30 days of this hearing for a total amount due of $611.95. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. 9. CASE NO: CEPM20240006303 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(12)(p), 22-231(19) and 22-231(20). Microbial growth in the A/C vents and on the drywall behind the toilet. Water stains on the ceiling and interior walls. Damaged vanity. Bathroom sink disconnected. Inoperable smoke detector. FOLIO NO: 35830040001 PROPERTYADDRESS: 4235 Heritage Cir, Unit 108, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/11/25 Date of Property/Courthouse Posting: 4/14/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $42,335.50. The unit is unoccupied and indications are the work will be a total remodel of the unit. Nilda Bozan and Christiana Mejia represented the Respondent and agreed with Officer Musse’s testimony. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing in the amount of $111.95 and a Civil Penalty of $500.00 for a total amount due of $611.95 to be paid within 30 days of this hearing. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. 10. CASE NO: CEPM20240006785 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(20). Inoperable A/C unit and inoperable smoke detector not properly secured to the ceiling. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4300 Jefferson Ln, Unit 104, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/10/25 May 2, 2025 12 Date of Property/Courthouse Posting: 4/11/25 Officer Musse represented the County testifying the violation has been abated as of 5/1/25. Special Magistrate Order: No. 6412 Page: 2015 Fine Amount: $250.00/day Duration: 180 days Total Fine Amount: $45,000.00 Unpaid Operational Costs: $447.45 Total Amount Due: $45,447.45 Nilda Bozan and Christiana Mejia represented the Respondent and requested a reduction in the fines being sought by the County. Director Iandamarino objected to any reduction in fines and fees associated with the case. Special Magistrate Neale, after considering the factors of the case, GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $45,447.45 to be paid within 30 days of this hearing and become a lien on the property. 11. 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, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/11/25 Date of Property/Courthouse Posting: 4/11/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $14,947.35. The unit is unoccupied and work has started to abate the violation however no permits have been issued. Evidence Entered: Exhibits 1-12 Photos dated 4/3/25 Exhibits 13-23: Photos dated 5/1/25 Nilda Bozan and Christiana Mejia represented the Respondent. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing of $112.00 to be paid within 30 days of this hearing. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. 12. 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 May 2, 2025 13 PROPERTY ADDRESS: 4235 Heritage Cir, Unit 105, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/10/25 Date of Property/Courthouse Posting: 4/11/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $5,423.45. The unit is unoccupied and the A/C has been repaired. Evidence Entered: Exhibits 1-4: Photos dated 5/1/25 Nilda Bozan and Christiana Mejia represented the Respondent. Special Magistrate Garretson CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing in the amount of $111.75 to be paid within 30 days of this hearing. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. 13. 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 air conditioning, 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: 4/11/25 Date of Property/Courthouse Posting: 4/11/25 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $16,333.45. The A/C has been repaired. Evidence Entered: Exhibits 1-11: Photos dated 5/1/25 Nilda Bozan and Christiana Mejia represented the Respondent and testified proposals are being obtained for the work remaining to abate the violation. Special Magistrate Garretson CONTINUED the case to the June 2025 Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing in the amount of $111.95 to be paid within 30 days of this hearing. Respondent to provide the County the contractor licensing information as necessary for those performing work on the unit. Recessed: 12:36pm Reconvened: 1:15pm 7. PUBLIC HEARINGS A. HEARINGS 11. CASE NO: CESD20250000741 OWNER: 6158 SEA GRASS LANE LLC OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections May 2, 2025 14 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted construction work, including pergola and geodesic dome structures, and interior improvements to a permitted metal building, including partition walls, bathroom, mezzanine with stairs, plumbing, electric and septic. FOLIO NO: 38222520000 PROPERTY ADDRESS: 6158 Sea Grass LN, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 4/14/25 Date of Property/Courthouse Posting: 4/14/25 Officer Migal represented the County testifying the case involves a site visit where he observed unpermitted geodesic domes, an outdoor kitchen and a permitted metal building with unpermitted interior improvements including partition walls, a bathroom, etc.. They metal building was permitted as a shell structure for storage in 2007. There is also a home and guest house on site which is permitted. Evidence Entered: Exhibits 1-9: Photos dated 1/21/25 Exhibits 10-11: Screen shots of Respondent’s web site. Dan Schmitt and Jennifer Schmitt of 6158 Sea Grass Lane, LLC were present. Mr. Schmitt submitted and packet as evidence and Mr. Migal noted he had not reviewed the information. The case was recessed for 5 minutes while the County reviewed the Exhibit provided and Case #2 for Imposition of Fines and Liens was heard. Respondent Evidence Entered: Exhibit 1: Informational packet. Mr. Schmitt testified: • He is requesting a stay in the electricity being shutoff and a mediation process for the violation given he was not provided adequate notice on that aspect of the case. • He found out about the electrical shutoff recommendation on April 29th and they are working on abating all violations. Termination of the electricity displaces residents in the guest house and impedes services provided to individuals seeking treatment for substance abuse and disabilities. • “Reasonable Accommodation” afforded by the County is required for dealing with the case under the American’s with Disabilities Act (ADA). During questioning by Manager Letourneau Mr. Schmitt noted: • The site is used to house residents and guests visit the site to use the services. • He has not obtained County approvals for the structures in question. • There are residents in the guest house. Director Iandamarino noted the case is strictly a code violation case regarding unpermitted structures and improvements to the metal building. The request for the County to provide “Reasonable Accommodation” does not apply to this case. Andrew Hill, General Contractor testified he has been engaged to assist in abating the violation. Inspection reveals the electrical improvements appear to be installed in compliance with the existing building codes. May 2, 2025 15 Officer Migal testified when the 2007 permit was issued for the metal building there was no electrical or plumbing approved for the structure. Ms. Schmitt noted the electrical service to the metal building may not be shut off without terminating the power to the guest house which is a major issue. Richard Tomasko, Assistant County Attorney noted the case involves unpermitted structures and interior improvements to a permitted building. The requirement for the County to comply with “Reasonable Accommodation” under the ADA is not applicable in this case, nor a defense by the Respondent for engaging in unpermitted work. Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them 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. Shutoff all unpermitted electrical power sources to the metal building and unpermitted geodesic domes and it is to remain off until such electrical work is addressed with a valid Building or Demolition permit and related Inspections or a sworn statement provided by a licensed electrician within 10 business days of this hearing that the electrical improvements comply with all relevant building and electrical codes. If such statement is provided, the Respondent shall have 60 days to obtain required Collier County Building or Demolition Permits and Inspections for the structures. If the statement is not provided or permits are not obtained within the prescribed 10 business day timeframe, the electrical power to the structures must be turned off. 3. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy for the pergola, geodesic domes and interior improvements to the permitted metal building including partition walls, bathrooms, mezzanine with stairs, plumbing, electric and septic within 90 days of this hearing or a fine of $200.00 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 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 A. EMERGENCY CASES None 8. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS (Continued) 2. 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 shed in the back of property constructed before obtaining a permit. May 2, 2025 16 FOLIO NO: 37695280004 PROPERTY ADDRESS: 2887 2nd St. NE, Naples, FL 34120 Officer Cooper represented the County testifying the violation has not been abated amassing fines and costs in the amount of $13,612.05. Patricia and Fredi Rodriguez testified they have obtained the spot survey required which will be submitted and resolve the issue with one of the sheds. They are dealing with the Florida Department of Environmental Protection for the other shed and requested 6 months to abate the violation. Special Magistrate Neale CONTINUED the case to the November 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs for today’s hearing in the amount of $112.05 to be paid within 30 days of this hearing. 6. CASE NO: CESD20200000453 OWNER: Carlos Gonzalez and Barbara Reyes OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted addition/improvements. FOLIO NO: 40982200001 PROPERTY ADDRESS: 2660 8th Ave. SE, Naples, FL 34117 Supervisor Cristina Perez represented the County testifying the violation has not been abated amassing fines and costs in the amount of $96,912.60. The violation involves converting a lanai to living space without the appropriate permits. Barbara Reyes was present and Elba Marin acted as translator and testified “Octavio” was originally involved in the permit application. Financial issues are also impeding abating the violation however than can schedule the inspections. Supervisor Perez provided an overview of the permit history. The permit expired and has been renewed and active until 6/14/25. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs for today’s hearing in the amount of $112.60 to be paid within 30 days of this hearing. Recessed: 2:20pm Reconvened: 2:25pm 15. CASE NO: CESD20230005146 OWNER: Maria Betancourt-Guizado and Andy J Guerra 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). Structures in rear yard are unpermitted. Lanai and sheds. FOLIO NO: 36382960007 PROPERTY ADDRESS: 2217 52nd Ln. SW, Naples, FL 34116 Officer Curl represented the County testifying the violation has not been abated amassing fines and costs in the amount of $72,711.95. She noted the Respondent does not speak English and no translator is available. May 2, 2025 17 Maria Betancourt-Guizado was present. Special Magistrate Neale notified Ms. Guizado via translation by Ms. Lorenzo she needs to appear at the June Special Magistrate hearing with a translator as she is subject to substantial fines for the violation not being abated. Special Magistrate Neale CONTINUED the case to the June 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs for today’s hearing in the amount of $111.95 to be paid within 30 days of this hearing. 7. PUBLIC HEARINGS B. HEARINGS 3. CASE NO: CEPM20240006299 OWNER: ARMSTRONG CHESNER LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), 22-231(12)(i) and 22-242. Unsecured dwelling, boarded-up windows, damage to the windows and exterior door on the side of the garage. FOLIO NO: 68042840008 PROPERTY ADDRESS: 3000 Poinciana Dr., Naples, FL 34105 Date of Notice of Hearing by Certified Mail: 4/3/25 Date of Property/Courthouse Posting: 4/8/25 The Respondent was not present. Officer Musse represented the County testifying: • The Notice of Violation was issued on 7/25/24 based on a 7/10/24 site inspection. • A family member notified him they had recently purchased the property and were seeking permits to abate the violation. • Records indicate an application was submitted on 12/4/24 however it was denied on 1/14/25. • Indications are they will be reapplying for the permits. Evidence Entered: Exhibits 1-9: Photos dated 7/10/24 Exhibits 10-13: Photos dated 4/8/25 Special Magistrate Neale found the Respondent in violation of the referenced Ordinances and ordered them 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 damages to the windows and door within 30 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3. Alternatively, if a Boarding Certificate is obtained and the structure is boarded within 7 days of this hearing, then the time required to complete the repairs, Inspections and Certificate of Completion/Occupancy will be extended to and must be completed within 180 days of this hearing or a fine of $250.00 per day will be imposed until the violation is 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 May 2, 2025 18 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. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. CASE NO: CENA20230011168 OWNER: A PAUL GREGG TR OFFICER: Jason Packard VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, 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: 4/10/25 Date of Property/Courthouse Posting: 4/10/25 The Respondent was note present. Officer Adam Collier and Jernel Herard represented the County testifying the violation has not been abated and there has been no contact with the Respondent after numerous attempts. Special Magistrate Order: No. 6453 Page: 3534 Fine Amount: $100.00/day Duration: 26 days Total Fine Amount: $2,600.00 Unpaid Operational Costs: $223.65 Total to Date: $2,823.65 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $2,823.45. Said amount payable within 30 days of this hearing and become a lien on the property. 4. CASE NO: CENA20240002395 OWNER: Dominick Lento and Alycia Lento OFFICER: Craig Cooper VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-184. Weeds/grass in excess of 18 inches within 30 feet of the principal structure and within the county Right-of-Way in an Estates zoned property; Repeat Violation. FOLIO NO: 40184600001 PROPERTYADDRESS: 3775 29th Avenue NE, Naples, FL 34120 Date of Notice of Hearing by Certified Mail: 4/10/25 Date of Property/Courthouse Posting: 4/10/25 The Respondent was not present. May 2, 2025 19 Officer Cooper represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6439 Page: 1100 Fine Amount: $200.00/day Duration: 77 days Total Fine Amount: $15,400.00 Unpaid Civil Penalty: $500.00 Unpaid Operational Costs: $223.65 Total to Date: $16,123.45 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $16,123.45. Said amount payable within 30 days of this hearing and become a lien on the property. 5. CASE NO: CENA20230009867 OWNER: Adele P Beatty OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of 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 34103 Date of Notice of Hearing by Certified Mail: 4/10/25 Date of Property/Courthouse Posting: 4/11/25 The Respondent was not present. Officer Pitura represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6453 Page: 3531 Fine Amount: $200.00/day Duration: 26 days Total Fine Amount: $5,200.00 Unpaid Operational Costs: $223.45 Total to Date: $5,423.45 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $5,423.45. Said amount payable within 30 days of this hearing and become a lien on the property. 16. CASE NO: CEAU20230011182 OWNER: Hugo Andres Tartaro and Roxana G Armanza OFFICER: Maria Rodriguez 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), and The Florida Building Code 7th Edition (2020), Chapter 1, Section 105.1. A vinyl type fence with an electric gate in the front driveway and a metal type fence around the pool all installed without first obtaining the required permits, inspections and certificate of completion. FOLIO NO: 40981880008 PROPERTY ADDRESS: 2675 12th Ave. SE, Naples, FL 34117 May 2, 2025 20 Date of Notice of Hearing by Certified Mail: 4/11/25 Date of Property/Courthouse Posting: 4/11/25 The Respondent was not present. Officer Rodriguez represented the County testifying the violation has not been abated. Special Magistrate Order: No. 6443 Page: 3621 Fine Amount: $100.00/day Duration: 54 days Total Fine Amount: $5,400.00 Unpaid Operational Costs: $223.45 Total to Date: $5,623.45 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $5,623.45. Said amount payable within 30 days of this hearing and become a lien on the property. 9. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER None B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER None 9. 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. 1. Foreclosure Collection Authorization Special Magistrate authorized the foreclosure collection. 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. 10. REPORTS None 11. NEXT MEETING DATE – June 6, 2024 at 9:00am There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 3:20 PM. May 2, 2025 There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 3:20 PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING e____-zi- .,,,/' Patrick H. Neale, Special Magistrate ,r j " / The mutes were approved by the Special Magistrate on / Li" ' as presented , or as amended `----- 21