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CESM Minutes 06/06/2025 (Draft) June 6, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, June 6, 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 June 6, 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. Buchillon reported the following changes to the Agenda (listed below as Agenda item numbers): Under Item 5.B Motions for Extension of Compliance Deadline, the following case was withdrawn: 1. CASE NO: CEPM20240007980 - BRITTANY BAY APTS I LLC C/O SPIRA BRITTANY BAY I LP Under Item 7.A – Hearings, the following cases were moved to 6. – Stipulations: 5. CASE NO: CESD20240005208 - John C Rogers and Susan H Alexander 8. CASE NO: CEROW20240006023 - 3861 11TH AVE SW NAPLES LLC 11. CASE NO: CEV20240012235 - SKOLL I LLC 15. CASE NO: CESD20220000046 - Juana Gonzalez 19. CASE NO: CEAC20250004127-23 - Yunior Bautista 20. CASE NO: CEAC20250004127-24 -Yunior Bautista 21. CASE NO: CEAC20250004127-25 - Yunior Bautista 22. CASE NO: CEAC20250004127-26 - Yunior Bautista 23. CASE NO: CEAC20250004127-27 - Yunior Bautista 24. CASE NO: CEAC20250004127-28 - Yunior Bautista Under Item 7.A– Hearings, the following cases were withdrawn: 1. CASE NO: CEEX20250005581-PU5423 - 7801 AIRPORT PULLING RD LLC 2. CASE NO: CEEX20250004223-PR066855 - JD SOLAR CONSULTANTS LLC 3. CASE NO: CEEX20250004225-PR066856 - JD SOLAR CONSULTANTS LLC 4. CASE NO: CEEX20250004227-PR066857 - JD SOLAR CONSULTANTS LLC 6. CASE NO: CELU20250000661 - THOMAS BURGESS GST TRUST 13. CASE NO: CESD20240012073 - DS GOLDEN GATE BLVD NAPLES FL LANDLORD LLC 14. CASE NO: CEPM20250001707 - SUNNY TRAIL A CONDOMINIUM 16. CASE NO: CEPM20250001986 - GULF COVE CONDOMINIUM 25. CASE NO: CEAC20240012082 - Graham Rockle June 6, 2025 3 Under Item 8.B Motion for Imposition of Fines and Liens, the following cases were withdrawn: 4. CASE NO: CELU20230008823 - Johanna Dominguez Special Magistrate Neale approved the Agenda as modified. 4. APPROVAL OF MINUTES The minutes of the May 2, 2025 hearing were approved by Special Magistrate Neale. 5. MOTIONS B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE 2. CASE NO: CEVR20220010806 OWNER: Luc Goemaere and Liping Wu OFFICER: Donald Joseph 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 Packard represented the County. Special Magistrate Neale extended the compliance deadline for the case until the July 11, 2025 Special Magistrate hearing and requested the parties submit a legal summary on their position in the case regarding the Respondent’s entitlement under the Right to Farm Act, agricultural use of the property and Section10.02.06.c of the Land Development Code on agricultural land clearing. Said summaries to be submitted by July 1, 2025 and any previous submittals by the parties may be amended if they so desire. 8. 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). A leak within the wall between the closet and master bathroom causing water damage to the drywall and floor. FOLIO NO: 358300400001 PROPERTY ADDRESS: 4225 Heritage Cir, Unit 103, Naples, FL 34116 Officer Musse represented the County testifying the violation has not been abated amassing fines and costs in the amount of $53,862.30 and recommended the fines be imposed. There has been progress on the cases. Sarah Miller, Greater Naples Fire Rescue District testified fire watch is ongoing on the property and permits have been issued for the work required on all 20 buildings. The District would like to see the permits closed out within 14 days. Twenty red tags for unpermitted work were issued and a demolition permit is required for the clubhouse fire panel which should be issued within 7 days. Additionally, there has not been a sprinkler system inspection in over a year and the activity is required quarterly. June 6, 2025 4 Gary Carman, Attorney represented the Respondent testified he was retained yesterday and has begun work with the manager and Vice President of Operation on the cases. Progress is being made as a contractor has been engaged and permits have been issued. He apologized for the past issues and will work diligently to resolve the cases. The contractors involved in the work are licensed and he will provide the County with the information on all contractors working on site. He requested a 45 day Extension of the Compliance Deadline Special Magistrate Neale expressed concern the Operational costs and penalties have not been paid in any cases. Mr. Carman noted Operational Costs have been paid for most, if not all of the cases. Special Magistrate CONTINUED the case until the July Special Magistrate Hearing date with fines continuing to accrue. At the July hearing, the Respondent should provide photographic evidence on the progress of the work being undertaken to abate the violation. Operational Costs for today’s hearing in the amount of $112.30 due within 30 days of this hearing. 7. 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 Officer Musse represented the County Gary Carman, Attorney represented the Respondent. Special Magistrate Neale the CONTINUED the case until the July Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing due within 30 days of this hearing. 8. 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 PROPERTY ADDRESS: 4235 Heritage Cir, Unit 108, Naples, FL 34116 Officer Musse represented the County Gary Carman, Attorney represented the Respondent. June 6, 2025 5 Special Magistrate Neale the CONTINUED the case until the July Special Magistrate hearing date with fines continuing to accrue. Operational Costs in the amount of $ due within 30 days of this hearing. 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, a 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 Cir, Unit 108, Naples, FL 34116 Officer Musse represented the County Gary Carman, Attorney represented the Respondent. Special Magistrate Neale the CONTINUED the case until the July Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing due within 30 days of this hearing. 10. 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 Officer Musse represented the County Gary Carman, Attorney represented the Respondent. Special Magistrate Neale the CONTINUED the case until the July Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing due within 30 days of this hearing. 11. 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, damage to the bathroom vanity and kitchen cabinet. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4235 Heritage Cir, Unit 105, Naples, FL 34116 Officer Musse represented the County Gary Carman, Attorney represented the Respondent. June 6, 2025 6 Special Magistrate Neale the CONTINUED the case until the July Special Magistrate hearing date with fines continuing to accrue. Operational Costs for today’s hearing due within 30 days of this hearing. 12. 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 the appearance of microbial growth in the master bathroom vanity and bathtub. FOLIO NO: 35830040001 PROPERTY ADDRESS: 4200 Washington LN, Unit 106, Naples, FL 34116 Gary Carman, Attorney represented the Respondent. Officer Musse represented the County testifying the violation has been abated but not in the prescribed time frame. Not health and safety issue however other code cases on property. 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: $17,947.555 Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $17,947.55. Said amount payable within 30 days of this hearing and become a lien on the property. 5. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS None B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE (Continued) 3. CASE NO: CEPM20220006522 OWNER: Lloyd L Bowein OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(p) and 22-236. Exterior and interior wall damage to the structure where the building official declared it an unsafe structure. FOLIO NO: 71781640006 PROPERTY ADDRESS: 3403 Bayshore Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/8/25 The Respondent was not present. Officer Musse testified the Respondent was out of town and a permit is on file for the work required to abate the violation and is requesting a 60 day extension for the case. The building is unoccupied and the permit is valid until 11/23/25. He has no objection to the request. June 6, 2025 7 Special Magistrate Neale granted an Extension of Compliance Deadline until the August 2025 Special Magistrate hearing date. Operational Costs of $111.80 due within 30days of this hearing. 4. CASE NO: CESD20220009434 OWNER: William J Snider OFFICER: Dee 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 William Snider testified he has obtained a permit for a new sliding door which has been installed and he is awaiting final inspection of the work. Officer Pulse represented the County noting the violation should be abated within 30 days. Special Magistrate Neale granted an Extension of Compliance Deadline until the July 2025 Special Magistrate hearing date. Operational Costs of $112.15 due within 30 days of this hearing. C. MOTION FOR REHEARING None 6. STIPULATIONS 5. CASE NO: CESD20240005208 OWNER: John C Rogers and Susan H Alexander 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). Renovations including but not limited to, concreting/enclosing windows and doors throughout property and installation of a new AC system without appropriate Collier County Permits and/or approvals. FOLIO NO: 52342240000 PROPERTY ADDRESS: 14 Hawk St, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Supervisor Packard requested the hearing. The Stipulation was entered into by John C. Rogers on May 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 $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 renovations and new AC unit within 180 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. June 6, 2025 8 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: CEROW20240006023 OWNER: 3861 11TH AVE SW NAPLES LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Sections 110-30 and 110-31(A). Second driveway entrance installed without proper County permit(s) or inspections. FOLIO NO: 37994600000 PROPERTY ADDRESS: 3861 11th Ave SW, Naples, FL 34117 Officer Holmes requested the hearing. The Stipulation was entered into by Gerardo Ramirez, owner of 3861 11th Ave SW Naples, LLC on June 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 Right-of-Way permits, Inspections and Certificate of Completion, or restore the Right-of-Way to its originally permitted condition within 90 days of this hearing or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 11. CASE NO: CEV20240012235 OWNER: SKOLL I LLC OFFICER: Wade Cohen VIOLATIONS: Collier County Land Development Code, 2004-41, as amended, Section 4.05.03(A), and the Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(4). Commercial vehicle parked on the driveway. Passenger vehicle parked on grass. FOLIO NO: 36451560008 PROPERTY ADDRESS: 2895 50th Ter SW, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 5/6/25 Date of Property/Courthouse Posting: 5/7/25 Officer Cohen requested the hearing. The Stipulation was entered into by Bruce Gifford, owner of Skoll I, LLC on June 6, 2025. June 6, 2025 9 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. Store commercial vehicles/equipment within a completely enclosed structure, in the rear yard vegetatively screened and conceal from all views or remove offending vehicles/equipment from residentially zoned property within 7 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 3. Removing vehicles parked on the front yard grass area to a stabilized surface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt pavers or turf parking system specifically designed for parking automobiles not to exceed 40% of the front yard for parking within 7 days of this hearing or a fine of $100.00 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 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 15. CASE NO: CESD20220000046 OWNER: Juana Gonzalez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Screen enclosure built without a valid Collier County permit. FOLIO NO: 62152520007 PROPERTY ADDRESS: 5260 Floridan Ave, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 5/6/25 Date of Property/Courthouse Posting: 5/8/25 Supervisor Packard requested the hearing. The Stipulation was entered into by Juana Gonzalez on June 6, 2025. Jose Gonzalez acted as translator. 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 for the screen enclosure within 90 days of this hearing or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 June 6, 2025 10 19. CASE NO: CEAC20250004127-23 OWNER: Yunior Bautista 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 May 5, 2025, 2nd offense, "Sammie". FOLIO NO: PROPERTY ADDRESS: 4200 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the class not be completed or 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. 20. CASE NO: CEAC20250004127-24 OWNER: Yunior Bautista 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 May 4, 2025, 1st offense, "Sultan". FOLIO NO: PROPERTY ADDRESS: 4200 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the class not be completed or 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. June 6, 2025 11 21. CASE NO: CEAC20250004127-25 OWNER: Yunior Bautista 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 May 4, 2025, 1st offense, "Elcon". FOLIO NO: PROPERTY ADDRESS: 4200 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the class not be completed or 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. 22. CASE NO: CEAC20250004127-26 OWNER: Yunior Bautista OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(H). Threatening behavior, citation issued on May 4, 2025, 1st offense, "Sammie". FOLIO NO: PROPERTY ADDRESS: 4260 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the individual. 23. CASE NO: CEAC20250004127-27 OWNER: Yunior Bautista OFFICER: Cara Frank June 6, 2025 12 VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(H). Threatening behavior, citation issued on May 4, 2025, 1st offense, "Sultan". FOLIO NO: PROPERTY ADDRESS: 4260 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the individual. 24. CASE NO: CEAC20250004127-28 OWNER: Yunior Bautista OFFICER: Cara Frank VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(H). Threatening behavior, citation issued on May 4, 2025, 1st offense, "Elcon". FOLIO NO: PROPERTY ADDRESS: 4260 Block Pearl Harbor Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/8/25 Date of Property/Courthouse Posting: 5/13/25 Officer Frank requested the hearing. The Stipulation was entered into by Yunior Bautista on June 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the individual. 7. PUBLIC HEARINGS A. HEARINGS 7. CASE NO: CESD20240006115 OWNER: SPT DOLPHIN WHISTLERS COVE LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A/C condenser installed without a valid Collier County permit. FOLIO NO: 439840006 PROPERTY ADDRESS: 11440 Whistlers Cove Circle, Unit 338, Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 5/7/25 June 6, 2025 13 Date of Property/Courthouse Posting: 5/8/25 Officer Musse represented the County testifying the case involves replacement of an A/C condenser without a permit. The Building Official determined a permit was necessary for the work and the violation has not been abated. Evidence Entered: Exhibits 1-12 Photos dated 7/5/24 Brian Glaros, Property Manager represented the Respondent testifying the work was completed prior to his engagement as the manager and could not determine who undertook the work. A new contractor has been engaged to abate the violation and requested 60 days to resolve the case. 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 Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion for installation of the A/C condenser 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 17. CASE NO: CEAC20250003643-01 OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, citation was issued on April 17, 2025, 15th offense, "Yoyi". FOLIO NO: 38225640000 PROPERTY ADDRESS: 5930 Sea Grass Ln, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/8/25 Officer Ress testified the case involves a 15th offense of Yoyi running at large and the Citation was issued on 4/17/25 for a 2/11/25 incident reported by a neighbor, Karolyn Johnson who provided an affidavit and video regarding the incident. The Citation was issued after an investigation and Ms. Miguel admitting the dogs in the video were hers and running at large. Evidence Entered: Exhibit 1: Karolyn Johnson affidavit dated 3/27/25 Exhibit 2: Video of incident dated 2/11/25 Exhibit 3: Copy of Citations issued for 15th offense Exhibit 4: Prior order issued by the Special Magistrate Fabio Miguel was present and Sergio Giron acted as translator. Ms. Miguel testified she is in the process of getting permits for a fence. June 6, 2025 14 Special Magistrate Neale noted this was the same testimony provided a year ago when the prior case was heard. Ms. Miguel testified she was doing work on the house and now has the money for the fence. Officer Ress recommended Operational Costs of $50.00, a $7.00 Administrative Fee and $500.00 fine be imposed for the case. 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 $50.00 incurred in the prosecution of this case. 2. Pay an 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 the individual. He is forwarding the case to the County Attorney’s Office for review and recommends the dog be removed from Ms. Miguel’s possession. 18. CASE NO: CEAC20250003643-02 OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). Running at large, citation issued on April 17, 2025, 3rd offense, "Palomo". FOLIO NO: 38225640000 PROPERTY 5930 Sea Grass LN, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/8/25 Officer Ress testified the case involves a 3rd offense of “Palomo” running at large and the Citation was issued on 4/17/25 for a 2/11/25 incident reported by a neighbor, Karolyn Johnson who provided and affidavit and video regarding the incident. The Citation was issued after an investigation and Ms. Miguel admitting the dogs in the video were hers and running at large. Evidence Entered: Exhibit 1: Karolyn Johnson affidavit dated 3/27/25 Exhibit 2: Video of incident dated 2/11/25 Exhibit 3: Copy of Citations issued for 3rd offense Exhibit 4: Prior order issued by the Special Magistrate Fabio Miguel was present and Sergio Giron acted as translator. Ms. Miguel testified she is in the process of getting permits for a fence. Special Magistrate Neale noted this was the same testimony provided a year ago when the prior case was heard. Ms. Miguel testified she was doing work on the house and now has the money for the fence. Officer Ress recommended Operational Costs of $50.00, a $7.00 Administrative Fee and $500.00 fine be imposed for the case. 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 $50.00 incurred in the prosecution of this case. June 6, 2025 15 2. Pay an 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 the individual. He is forwarding the case to the County Attorney’s Office for review and recommends the dog be removed from Ms. Miguel’s possession. Recessed: 11:10am Reconvened: 11:20am 8. NEW BUSINESS (Continued) 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 represented the County and the violation has not been abated amassing fines and costs in the amount of $3,135.40. Rebecca Matthews testified she has financial issues and the cost to remediate the damage from the fire is estimated at $21,000. 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 the Collier Building Industry Association was contacted and may have a vendor willing to evaluate the situation. Special Magistrate Neale noted he may have a vendor Ms. Matthews can contact and he will provide her and/or Officer Athey the information. Special Magistrate Neale Continued the case until the August 2025 Special Magistrate Hearing date with Operational Costs of $111.95 to be paid within 60 days. 2. 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 into living space without the appropriate permits. Barbara Reyes was present and Elba Marin acted as translator and testified inspections are ongoing. June 6, 2025 16 Supervisor Perez noted one inspection was completed since the last hearing and Ms. Reyes is arranging the remaining ones with the County however there are some issues with inspections for the “after the fact” work. Progress is being made on the case. Special Magistrate Neale CONTINUED the case to the August 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs for today’s hearing in the amount of $112.75 to be paid within 30 days of this hearing and fines continuing to accrue. 7. PUBLIC HEARINGS B. HEARINGS 9. CASE NO: CEPM20240011145 OWNER: Lloyd L Bowein 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)(c), 22-231(12)(i), 22-231(12)(p), 22-231(9), 22-231(12)(m), 22-231(12)(b) and 22-231(19). Dwelling without running water, damages to the soffit, fascia, roof, windows, ceiling, and exterior walls, missing outlet plates. FOLIO NO: 62099840002 PROPERTY ADDRESS: 5441 Carlton St., Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/8/25 The Respondent was not present. Officer Musse represented the County testifying: • The case initiated on 11/20/25 with a report of no domestic water service at the premise. • He contacted the landowner who has tenants residing on the property who notified him he is aware of the issues and would be resolving the matter. • On 2/8/25 he received notification from the Collier County Sheriff’s Office 2 persons were arrested on the premise and provided photographs (viewed by the Special Magistrate for information purposes) of the property documenting damage to the residence. • The Notice of Violation was issued on 2/24/25 following a site inspection with the property manager/tenant present. • He notified the owner of the violation and he informed him he was initiating eviction actions for the tenants and would be obtaining a Boarding Certificate for the home. • When he contacted the owner on June 3, 2025 to notify him of the hearing he said he could not be present but has engaged a contractor and may be obtaining a Demolition Permit to raze the structure. • The violation remains as of 6/6/25. Evidence Entered: Exhibits 1-16: Photos dated 2/24/25 Exhibits 17-27: Photos dated 4/2/25 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. June 6, 2025 17 2. Comply with any and all corrective action requirements by reinstating the water so the occupants have access to water within 3 days from this hearing or a fine of $250.00 per day will start to accrue until the violation has been abated. 3. Obtain all required Collier County Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion for repairs to the roof, exterior walls, windows, ceiling and outlet plates to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within 30 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 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: $111.80 10. CASE NO: CESD20250002027 OWNER: Lloyd L Bowein OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Alterations to the plumbing without a valid Collier County permit. FOLIO NO: 62099840002 PROPERTY ADDRESS: 5441 Carlton St., Naples, FL 34113 Date of Notice of Hearing by Certified Mail: 5/6/25 Date of Property/Courthouse Posting: 5/6/25 The Respondent was not present. Officer Musse represented the County testifying: • The case involves alterations to the plumbing system by installing a well system. • The Notice of Violation was issued on 2/24/25 following a site inspection and on 2/25/25 he met with the tenant/property manager on site and notified him a permit was required for the well. • He contacted the property owner who informed him he would be engaging a contractor to have the well properly permitted. • On June 3, 2025, the owner notified him he intends to obtain permits to demolish the structure. • The violation remains unabated. Evidence Entered: Exhibits 1-6: Photos dated 2/24/25 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 Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy for the alterations to the plumbing within 30 June 6, 2025 18 days of this hearing or a fine of $250.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 12. CASE NO: CESD20240006054 OWNER: Jantina Hanna OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Room addition with electric and plumbing, and mini-split A/C system built without a valid Collier County permit. FOLIO NO: 29280280003 PROPERTY ADDRESS: 2732 Van Buren Ave., Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/20/25 The Respondent was not present. Officer Musse represented the County testifying: • The case initiated with a site inspection at the request of a tenant on property maintenance issues which were unfounded. • He was notified of a permit application on the property (67-717) for a 30’ by 35’ addition to a residence. • Upon inspection of the property aerial, indications are the addition is 48’ by 35’. • The County Building Official determined a permit was required for the addition and the Notice of Violation was issued on 7/26/25. • He notified the owner who stated she intends to utilize the area for storage. • The violation remains and he was recently informed the structure needs to be elevated. Evidence Entered: Exhibits 1-19: Photos dated 7/3/24. Exhibit 20: Aerial photo of the property Exhibit 21: Building Permit application #67-717 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 Building Permit(s), or Demolition Permits, Inspections and Certificate of Completion/Occupancy for the room addition and mini split A/C 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 June 6, 2025 19 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 C. EMERGENCY CASES None 8. NEW BUSINESS (Continued) A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. 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 The Respondents were not present. Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/20/25 Officer Curl represented the County and testified the violation has not been abated amassing fines and costs in the amount of $79,823,90. She noted the Ms. Betancourt-Guizada is ill and could not attend the hearing however a site visit revealed the carport had been removed and a permit application has been filed for the shed. Special Magistrate Neale CONTINUED the case to the July Special Magistrate Hearing date with fines ceasing to accrue. Operational Costs in the amount of $223.90 to be paid within 30 days of this hearing. 5. 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 the property. Additionally, the outdoor grill installed requires a permit. FOLIO NO: 36239120000 PROPERTY ADDRESS: 5114 19th Ct. SW, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 5/7/25 Date of Property/Courthouse Posting: 5/20/25 The Respondent was not present. Officer Curl represented the County and testified the violation has not been abated amassing fines and costs in the amount of $15,725.15 and the Respondent could not appear as they are ill. June 6, 2025 20 Special Magistrate Neale CONTINUED the case to the July Special Magistrate Hearing date with fines continuing to accrue. Operational Costs in the amount of $225.15 to be paid 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. None C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. None 11. REPORTS None 12. NEXT MEETING DATE – July 11, 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 12:06PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on _________________________, as presented ____, or as amended ________.