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CESM Minutes 08/01/2025 (Draft) August 1, 2025 1 MINUTES OF THE HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE Naples, Florida, August 1, 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 the Growth Management Building, 2800 Horseshoe Drive, 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 Ronald Tomasko, Assistant County Attorney August 1, 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 7.A – Hearings, the following cases were moved to 6. – Stipulations: 1. CASE NO: CESD20230001030 - ELEANOR S FIERMONTI LIV TRUST 5. CASE NO: CENA20250007142 - Michael K Sanford 7. CASE NO: CEAU20250003015 - Becky L. Brooks 12. CASE NO: CESD20230009042 - PORT OF THE ISLANDS MARINA A CONDOMINIUM Under Item 7.A– Hearings, the following cases were withdrawn: 3. CASE NO: CEPM20240010017 - CRAIGS FAMILY TRUST 8. CENA20250004075 – Miguel Hernandez Cruz and Irma Hernandez Cruz 13. CEPM20250005668 – Pacifica Naples LLC Under Item 7.B – Emergency Cases, the following case was added to the Agenda: 1. CELU20250008736 – Yenny Rodriguez Pino and Rockny Garcia Rodriguez Under Item 9.A – Motion to Amend Previously Issued Order the following case was added to the Agenda: 1. CASE NO: CEPM20240009212 - Pacifica Naples, LLC Special Magistrate Neale approved the Agenda as modified. 4. APPROVAL OF MINUTES The minutes of the July 11, 2025 hearing were approved by Special Magistrate Neale. 5. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES AND LIENS None August 1, 2025 3 B. MOTION FOR EXTENSION OF TIME OF COMPLIANCE DEADLINE 1. CASE NO: CESD20250000741 OWNER: 6158 SEA GRASS LANE LLC OFFICER: Rickey Migal 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 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 Dan Schmitt, owner and Andrew Hill Contractor represented the Respondent testifying they have been working on abating the violations. The plans being prepared are almost completed and the permit application will be submitted over the next 2 weeks. They requested a 90 day Extension of the Compliance Deadline. Officer Migal represented the County and had no objection to the request, however, based on permitting requirements, recommended a 120 day extension. Special Magistrate Neale GRANTED the Respondents Motion for Extension of Compliance Deadline for a period of 120 days. 2. 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 Ms. Granados was present and Cindy Granados acted as translator testifying they continue the work necessary to abate the violation with inspections ongoing. Special Magistrate Neale noted the case has been ongoing for over 3 years. Officer Pitura represented the County testifying there have been contractor issues including one passing away during the timeframe which have delayed abating the violation. Inspections have been completed and there is only 1 outstanding item which the contractor indicated he can remedy, the way the carport is attached to the home. He had no objection to the request. Special Magistrate Neale GRANTED the Respondents Motion for Extension of Compliance Deadline for a period of 60 days. C. MOTION FOR REHEARING None 7. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20250005581-PU5423 August 1, 2025 4 OWNER: 7801 AIRPORT PULLING RD LLC OFFICER: Michelle Scavone VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(C). Tampering switches on the potable water device. Tampering with district equipment without the consent of the district. Previous Notice of Violation and citations have been issued for the same violation. FOLIO NO: 00236400005 PROPERTY ADDRESS: 7801 Airport Rd N, Naples, FL 34109 Tom Caufman, attorney and David Higgins, 7801 Airport Pulling Rd, LLC represented the Respondent. Officer Scavone and Jesse Komorny, Meter Services Manager represented the County Evidence Entered: Exhibits 1: Photo dated 3/8/24 Exhibit 2: Property aerial Exhibit 3: Utility Manual Standards Specification Officer Scavone testified:  The case involves a June 2023 referral by the water meter division for tampering with the County’s water station.  The Executive Director of the facility was notified of the issue and on 3/8/24 a Notice of Violation was issued.  With no further action taken to abate the violation, a Citation was issued on 4/4/24 with a compliance date of 6/5/24 granted.  Additional citations have been issued based on the inactivity of the Respondent.  The Respondent needs to abate the violation by removing the devices and separating the potable water and fire supply to the building.  She recommended the following be imposed on the Respondent: 1. Pay Operational Costs in the amount of $50.00 and an Administrative Fee of $5.00 for a total of $55.00 within 30 days of this hearing. 2. The Special Magistrate issues a Finding of Fact the Respondent was in violation of the referenced Codes/Ordinances at the time the Notice to Appear was issued for the violation. 3. The Respondent shall abate the violation within 90 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 4. The Respondent must contact the County within 24 hours for inspection to verify compliance. During questioning by Mr. Caufman, she testified she is unaware if the device was professionally installed and understands the business is an assisted living facility. During questioning by Mr. Caufman, Mr. Komorny testified:  He is aware the facility is a nursing home subject to State and Federal regulations.  There is no public safety issues associated with the installed devices.  Other similar facilities in the County have addressed the issue in accordance with County standards.  The County has not performed any engineering studies for the property.  The employees of the facility have not impeded County workers from reading the water meter. August 1, 2025 5  He understands if the alarm devices are removed from the system, it will create the inability of a warning being triggered when the water serving the building and fire system has been turned off. Recessed: 9:50am (for the County to review the Evidence packet provided by Mr. Caufman) Reconvened: 10:00am Respondent Evidence Entered: Composite Exhibit 1: Business licensing; Agency for Health Care Administration/Dept. of Health and Human Services inspections; Florida Administrative Code; Backflow Prevention test Mr. Caufman testified:  The business is regulated by State and Federal Agencies including the fire protection system which must comply with requirements of the National Fire Protection Association.  The devices were required to be installed as the result of an inspection by Agencies where a Citation was issued in 2021 for failing to monitor the fire protection system if it becomes inoperable.  Federal agency requirements and Florida Statute Section 633.214(4) (This section does not prevent any county, municipality, or special district from enacting any ordinance relating to fire safety codes which is identical to this chapter or any state law, except as to penalty; however, a county, municipal, or special district ordinance relating to fire safety codes may not conflict with this chapter or any other state law.) take precedence over the Collier County Utility Standards. Mr. Higgins testified:  There are 3 devices installed, one for each shutoff valve at the meter station and the system has passed multiple inspections by officials.  The devices were professionally installed and provide a signal when the shutoff valves are turned.  The County’s resolution is to separate the potable and fire water supply services with a new line to the building which costs more than $200,000 given an existing generator, landscape wall, roadway, etc. are in the path of the proposed line.  The devices do not interfere with the County providing service or maintaining the meter station and you cannot get an electrical shock from the devices. Officer Scavone testified a permit is required for private party alterations to a County asset. Special Magistrate Neale noted the County Ordinance Chapter 134, Article VI, Section 134- 174(C) states “Property Owner's Liability For Damage to Equipment. The property owner is liable to the District for any damage done to the District's equipment used in providing service to the property owner, except damage done by District employees. The repair or replacement of District equipment by any property owner or duly authorized individual constitutes an illegal connection or tampering with District equipment without consent of the District and shall be subject to the penalties hereinafter provided.” The language includes the wording the activity “shall be subject to penalties.” August 1, 2025 6 Mr. Komorny noted the County is requesting the owner separate the water and fire supply service lines to the building. Other similar businesses who have encountered the issue have rectified the situation in accordance with County standards. Mr. Tomasko noted he is not aware of any case law regarding a State of Federal agency preempting a County Ordinance requirement. Mr. Caufman requested 3-5 days to submit additional information on the Statutes and regulations as the County’s requirement is a financial hardship and they do not have sufficient grounds for withholding consent for installation of the devices, Special Magistrate Neale noted he doesn’t have authority to regulate how permits are issued by the County. 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 a fine in the amount of $50.00, Operational Costs of $5.00 within 30 days of this hearing. 2. Obtain all required Collier Permits for the devices in place or remove the devices installed within 90 days of this hearing or a fine of $100.00 per day will be imposed (in accordance with Florida Statute 125.69) until the violation is abated. 3. A supplemental brief may be submitted to the Special Magistrate by the parties within 10 days outlining their position on whether the Respondent is exempt from complying with the County’s Utility Standards Manual for the purposes of the Special Magistrate determining if a rehearing of the case is warranted. 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: $55.00 Special Magistrate Neale requested both parties to work together to find a suitable resolution to the issue. 8. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 3. CASE NO: CEPM20240003042 OWNER: PLN PROPERTIES LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 228(1). Damaged window. FOLIO NO: 35778740007 PROPERTY ADDRESS: 12215 Collier Blvd, Unit 5, Naples, FL 34116 Chris Cona, attorney, Steven Nguyen and Rudy Mendoza represented the Respondent. Officer Musse represented the County testifying the violation has been abated but not in the prescribed timeframe. Special Magistrate Order: No. 6443 Page: 3642 Fine Amount: $100.00/day Duration: 56 days August 1, 2025 7 Total Fine Amount: $5,600.00 Unpaid Operational Costs: $111.75 Total to Date: $5,711.75 Mr. Cona testified the owner and tenant addressed the manner in an expedient manner and the window was replaced in January, however permits were required which delayed the abatement. Other issues involved in the delay included attempts to initially repair the window which failed, the timeframe to order the window, etc. He requested the fines be waived and Operational Costs be paid. Director Iandimarino requested all fines be imposed. Special Magistrate Neale GRANTED the County’s Motion for Imposition of Fines and Liens in the amount of $611.75 ($500.00 in Fines and $111.75 in Operational Costs). Said amount payable within 30 days of this hearing and become a lien on the property. 6. STIPULATIONS 4. CASE NO: CESD20230001030 OWNER: ELEANOR S FIERMONTI LIV TRUST 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). A shade structure in the rear of the property erected prior to obtaining a Collier County Building Permit. FOLIO NO: 39022720009 PROPERTY ADDRESS: 4140 54th Ave NE, Naples, FL 34120 Date of Notice of Hearing by Certified Mail: 7/9/25 Date of Property/Courthouse Posting: 7/9/25 Officer Coooper requested the hearing. The Stipulation was entered into by Eleanor Fiermonti on July 31, 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 Permit(s), Inspections and Certificate of Completion /Occupancy for the shade structure within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 Recessed: 10:50am Reconvened 11:10am 5. CASE NO: CENA20250007142 August 1, 2025 8 OWNER: Michael K Sanford OFFICER: Stephanie Guttum VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(a). Weeds and grass in excess of 18 inches. FOLIO NO: 61330080001 PROPERTY ADDRESS: 2045 Danford St., Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 7/7/25 Date of Property/Courthouse Posting: 7/7/25 Officer Guttum requested the hearing testifying the violation has been abated but the County is seeking a finding the Respondent was in violation of the Ordinance. Evidence Entered: Exhibits 1 – 3: Photos dated 6/11/25 Exhibit 4: Photo dated 6/21/25 The Stipulation was entered into by Michael K. Sanford on August 1, 2025. Special Magistrate Neale found the Respondent was in violation of the Ordinance at the time the Notice of Violation was served and ordered the Respondent to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. Total Amount Due: $111.70 7. CASE NO: CEAU20250003015 OWNER: Becky L. Brooks OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(3). Damaged fence in excess of 10 feet laying onto neighboring property. FOLIO NO: 38220920000 PROPERTY ADDRESS: 6200 Sea Grass LN, Naples, FL 34116 Date of Notice of Hearing by Certified Mail: 7/9/25 Date of Property/Courthouse Posting: 7/9/25 Officer Guttum requested the hearing. The Stipulation was entered into by Becky Brooks on July 30, 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. Repairing the damaged sections of the fence, like for like, or obtain required Demolition Permit(s) and pass the required Inspections and obtain a Certificate of Completion to remove the fence from the property within 60 days of this hearing or a fine of $50.00 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 August 1, 2025 9 12. CASE NO: CESD20230009042 OWNER: PORT OF THE ISLANDS MARINA A CONDOMINIUM OFFICER: Donald Joseph VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Permits PRBD20200727909, PRFR20210944606 and PRPL20211050169 are all expired. Work has been done and no inspections completed. No Certificates of Completion/Occupancy issued. FOLIO NO: 1067083852 PROPERTY ADDRESS: 525 Newport Dr., Naples, FL 34114 Date of Notice of Hearing by Certified Mail: 7/9/25 Date of Property/Courthouse Posting: 7/9/25 Officer Joseph requested the hearing. The Stipulation was entered into by the Respondent’s representative R. Scott Prephan on August 1, 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 Permit(s), Inspections and Certificate of Completion /Occupancy within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 7. PUBLIC HEARINGS B. Emergency Cases 1. CASE NO: CELU20250008736 OWNER: Yenny Rodriguez Pino and Rockny Garcia Rodriguez OFFICER: Jeremiah Matos VIOLATIONS: Storage and use of Vehicle Control Ordinance Code of Laws and Ordinance Chapter 130 Article III, Section 130-96(a) - Limitation on parking storage or use of recreational vehicle FOLIO NO: 39394880004 PROPERTY ADDRESS: 2380 2nd Ave SE Naples, Fl, 34117 Officer Matos represented the County and testified:  The case involves water, sewer and electricity connected to 2 unregistered recreational vehicles in violation of County Ordinances.  The Notice of Violation was served on July 31, 2025 following his site inspection with officers from the Collier County Sherriff’s Office and the Department of Health officials.  The vehicles are located at the rear of an adjacent parcel not owned by the Respondent, unknown to the actual property owner. Evidence Entered: Exhibits 1: Consent to Entry Form August 1, 2025 10 Exhibit 2 -11: Photos 7/30/25 Exhibit 12: Dept. of Health PowerPoint Exhibit 13: Notice to abate Rockney Garcia Rodriguez testified he was unaware the location of the vehicles were on the neighbor’s property and the offending vehicles and related components have been removed from the site. The Officer is welcome to inspect the property. Manager Letourneau noted the Respondent has been subject to past violations of recreational vehicles. Supervisor Holmes testified a Code Enforcement Officer inspected the property at 5:30pm yesterday and the violation was not abated however a reinspection may take place on Monday, August 4th. Mr. Rodriguez testified the vehicles are not rented out and utilized by family members during hunting activities. 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 for each recreational vehicle ($223.60 total) incurred in the prosecution of this case within 30 days of this hearing. 2. Obtain all required Collier County Building Permit(s) or Demolition Permit(s), Inspections and Certificate of Completion/Occupancy for the plumbing to both recreational vehicles within 60 days of this hearing or a fine of $250.00 per day will be imposed for each vehicle until the violation has been abated. 3. Cease all prohibited use of recreational vehicles within 3 calendar days of this hearing or a fine of $500.00 per day will be imposed for each vehicle until the violation is abated. 4. Repairing and affixing a current valid license plate to each vehicle in violation or store the vehicles in a completely enclosed structure or remove these vehicles to an area intended for such use within 14 days of this hearing or a fine of $50.00 per day will be imposed for each recreational vehicle until the violation has been abated. 5. Pay a Civil Penalty of $500.00 for each recreational vehicle for a repeat violation $1,000.00 total) within 30 days of this hearing. 6. 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: $1,223.60 A. HEARINGS 9. CASE NO: CEPF20240012561 OWNER: Salvatore G Blasi OFFICER: Dee Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code 8th Edition (2023) Building, Chapter 1, Section 109.1. Permit PRBD20180102538 has expired with fees due. No certificate of completion received. FOLIO NO: 53902400001 August 1, 2025 11 PROPERTY ADDRESS: 4465 Beechwood Lake Dr, Naples, FL 34112 Date of Notice of Hearing by Certified Mail: 7/8/25 Date of Property/Courthouse Posting: 7/8/25 Officer Pulse represented the County testifying the $120.00 of permit fees due have not been paid. Evidence Entered: Exhibit 1: Photo of property dated 5/8/25 Exhibit 2: Aerial photo of property Exhibit 3: Zoning classification of property Exhibit 4: Snapshot of permit details Salvatore Blasi testified the contractor was responsible for obtaining the permits and feels he should not be responsible for the costs. Special Magistrate Neale noted the landowner is ultimately responsible for the fees. He recommended they be paid today so he can dismiss the case. Mr. Blasi left the hearing and paid the fees and returned with the necessary evidence to resolve the matter. Special Magistrate Neale DISMISSED the case. 10. CASE NO: CESD20250003349 OWNER: HARTEM REVOCABLE TRUST OFFICER: Ryan Kitts 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). Multiple unpermitted structures and improvements on the property, including the following: improvised shooting range, tiki hut, fire pit, waterfall and water feature, covered storage structure, large storage shed, chicken coop, swimming pool, and solar panels. In addition, the main residence has undergone major renovations without the required permits. FOLIO NO: 722040005 PROPERTY ADDRESS: 11566 Little Marco Island, Naples, FL 34113 Officer Kitts represented the case involves a complaint filed by the Florida Department of Environmental Protection. Inspection of the property was conducted via boat where the violations were observed and the Notice of Violation was issued on May 7, 2025. The information was forwarded to the Building Official for review. Kenneth Hartem represented the Respondent and requested a continuance as he is working on abating the violation by engaging design professionals. Before a permit application may be submitted, a property survey is required, and he has had difficulty engaging a surveyor. Manager Letourneau noted the Notice of Violation was issued on May 7th with no permit activity to date. Mr. Hartem noted the lack of survey is delaying permit applications. Director Iandimarino stated he had no objection in allowing time to abate the violation but requested a finding be rendered on the case. County Evidence Entered: Exhibits 1 - 9: Aerial Photos 2017 - 2025 Exhibit 12 – 31: Photos dated 4/18/25 Exhibit 32: Photo dated 12/14/17 Exhibit 33: Overlay of Zoning District Exhibit 35: Building Official Determination August 1, 2025 12 Mr. Hartem noted some of the site disturbances are related to cleanup activities from past hurricanes and he wasn’t aware permits were needed for some of the construction activities (above ground swimming pool shell, firepit, etc.). 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 Permit(s), Inspections and Certificate of Completion /Occupancy for the described alterations within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 11. CASE NO: CEVR20250005507 OWNER: HARTEM REVOCABLE TRUST OFFICER: Ryan Kitts VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Significant land clearing activity that exceeds the 10% threshold permitted under the (ST) Overlay. This level of disturbance constitutes a violation, as any clearing beyond that limit requires a public hearing for approval. FOLIO NO: 722040005 PROPERTY ADDRESS: 11566 Little Marco Island, Naples, FL 34113 Officer Kitts represented the County and the case is a companion to Case #10. Kenneth Hartem represented the Respondent. Special Magistrate Neale CONTINUED the case to the October 2025 Special Magistrate hearing date. 8. NEW BUSINESS B. MOTION FOR IMPOSITION OF FINES AND LIENS 4. CASE NO: CESD20240001061 OWNER: BUOYANCY LLC OFFICER: Brian Owen VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). An improved Estates zoned property with a pump house in the rear erected without permits and including electrical and plumbing modifications. FOLIO NO: 45960240004 PROPERTY ADDRESS: 2225 23rd St. SW, Naples, FL 34117 August 1, 2025 13 Officer Owen represented the County testifying the violation has not been abated amassing fines and costs in the amount of $60,111.90. Kristen Jasinski represented the Respondent and provided an overview of the activities associated with abating the violation and a determination has been made to demolish the existing pump house and relocate it on the property. Issues with permitting the existing location included a violation of setback requirements. The work is anticipated to be completed within 90 days and requested a continuance in the case. Special Magistrate Neale CONTINUED the case to the November 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $111.90 payable within 30 days of this hearing. 5. CASE NO: CESD20240001058 OWNER: BUOYANCY LLC OFFICER: Brian Owen VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). An improved Estates zoned property with extensive changes to the primary structure including, but not limited to the following: interior renovations, deletion of walls, addition of walls, electrical modifications, plumbing modifications, addition of multiple HVAC units, deletion of wet bar/kitchen and steam rooms, without proper permits. FOLIO NO: 45960240004 PROPERTY ADDRESS: 2225 23rd St SW, Naples, FL 34117 Officer Owen represented the County testifying the violation has not been abated amassing fines and costs in the amount of $75,111.90. Kristen Jasinski represented the Respondent and provided an overview of the activities associated which delayed abating the violation including engaging consultants, scheduling meetings with County Officials, preparation of and submittal of plans for building permits, corrections requested by the County, etc. She requested a continuance in the case of 6 – 9 months. Manager Letourneau testified he had no objection to a continuation of the case for a reasonable amount of time. Special Magistrate Neale CONTINUED the case to the November 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $111.90 payable within 30 days of this hearing. 6. CASE NO: CESD20230008486 OWNER: Ludner Marc and Pascale Leonville 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). Golden Gate City residence with unpermitted garage conversion. Additionally, a window has been covered with stucco. All work requires permits. FOLIO NO: 36117160001 PROPERTY ADDRESS: 2006 50th TER SW, Naples, FL 34116 Officer Curl represented the County testifying the violation has not been abated amassing fines and costs in the amount of $193,311.85. August 1, 2025 14 Ludner Marc and Pascale Leonville testified financial issues delayed abating the violation in a timely manner however funds are now available to address the situation with inspections ongoing. The electricity was terminated at the building and occupants vacated within 3 days of the hearing as required under Part A of the Order, however they never notified the officer to conduct an inspection Special Magistrate Neale noted it was their responsibility to contact the Officer to conduct an inspection and have unnecessarily amassed $114,400 of fines associated with Part A of the order. Special Magistrate Neale CONTINUED the case to the September 2025 Special Magistrate hearing date with fines ceasing to accrue. Operational Costs in the amount of $111.85 payable within 30 days of this hearing. Recessed: 1:00pm Reconvened: 1:15pm 7. PUBLIC HEARINGS A. HEARINGS 2. CASE NO: CEEX20250007324-PR066898 OWNER: Matthew G. Somers OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article II, Section 130-66. Parking in an area that is not a designated parking space. Citation issued on June 8, 2025, at 1:57 pm. FOLIO NO: PROPERTY ADDRESS: Gulf Shore Access Parking Lot, Naples, FL 34102 Date of Notice of Hearing by Certified Mail: 7/9/25 The Respondent was not present. Officer Connetta represented the County testifying he observed the violation on June 8, 2025 while on routine patrol. Evidence Entered: Exhibit 1 – 4: Photos dated 6/8/25 Exhibit 5 – 9: Photos dated 6/29/25 Special Magistrate Neale, after hearing the testimony and reviewing the evidence, UPHELD issuance of the Citation and ordered the Respondent to pay a $100.00 fine, $50.00 in Operational Costs and a $5.00 Administrative Fee for a total amount due of $155.00 to be paid within 30 days of this hearing. 6. CASE NO: CENA20250004525 OWNER: John D Spengler and Joyce L Spengler OFFICER: Donald Joseph VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds and grass in excess of 18 inches on this improved property. FOLIO NO: 26085960000 PROPERTY ADDRESS: 1299 E Chokoloskee Dr., Chokoloskee, FL 34138 Date of Notice of Hearing by Certified Mail: 7/9/25 Date of Property/Courthouse Posting: 7/9/25 August 1, 2025 15 The Respondent was not present. Officer Joseph represented the County testifying the case is the result of a complaint filed and during a site visit he observed the violation. Evidence Entered: Exhibit 1: Collier County appraiser data for the property. Exhibit 2: Aerial photo of the property Exhibit 3: Photo dated 4/17/25 Exhibit 4: Photo dated 7/31/25 Special Magistrate Neale found the Respondent in violation of the Ordinance and ordered the Respondent to: 1. Pay Operational Costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2. Mow or cause to be mowed all weeds grass or other similar nonprotected overgrowth in excess of 18 inches in height down to a height of less than 6 inches on subject property within 7 days of this hearing or a fine of $100.00 per day will be imposed until the violation has been abated. 3. Notify Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff’s Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Total Amount Due: $111.70 8. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES None B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. 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, damage 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: 7/10/25 Date of Property/Courthouse Posting: 7/10/25 The Respondent was not present. Officer Musse represented the County and testified the violation has not been abated. Special Magistrate Order: No. 6482 Page: 1465 Fine Amount: Part A and Part B: $250.00/day Duration: Part A: 7 days; Part B: 26 days Total Fine Amount: $8,250.00 August 1, 2025 16 Unpaid Operational Costs: $111.80 Total to Date: $8,361.80 Officer Musse testified the Respondent was out of town and could not be present. He sent an email noting he is considering his options for the property including abating the violations, demolishing the structure or selling the property. Currently, he is evicting the tenant so he can move forward with any necessary measures to abate the violation. Respondent Evidence Entered: Exhibit 1: Email packet dated 7/31/25 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 $8,361.80. Said amount payable within 30 days of this hearing and become a lien on the property and fines continuing to accrue. 2. 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: 7/10/25 Date of Property/Courthouse Posting: 7/10/25 The Respondent was not present. Officer Musse represented the County and testified the violation has not been abated. Special Magistrate Order: No. 6488 Page: 3130 Fine Amount: $100.00/day Duration: 26 days Total Fine Amount: $2,600.00 Unpaid Operational Costs: $111.70 Total to Date: $2,711.70 Officer Musse testified the Respondent was out of town and could not be present, however he sent an email noting he is considering his options for the property including abating the violations, demolishing the structure or selling the property. Currently, he is evicting the tenant so he can move forward with any necessary measures to abate the violation Respondent Evidence Entered: Exhibit 1: Email packet dated 7/31/25 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 $2,711.70. Said amount payable within 30 days of this hearing and become a lien on the property and fines continuing to accrue. 9. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER 1. CASE NO: CEPM20240009212 August 1, 2025 17 OWNER: Pacifica Naples, LLC Staff noted there was a scrivener’s error in the prior order which needs correcting. Special Magistrate Neale GRANTED the County’s Motion to Amend a Previously Issued Order. 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. None 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. Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the County’s Request. 11. REPORTS None 12. NEXT MEETING DATE – September 5, 2025 at 9:00am There being no further business for the good of the County, the Hearing was adjourned by Order of the Special Magistrate at 1:54PM. COLLIER COUNTY SPECIAL MAGISTRATE HEARING ________________________________ Patrick H. Neale, Special Magistrate The Minutes were approved by the Special Magistrate on ________________________, as presented ______, or as amended ________.