Agenda Packet - June 19, 2026, Special Magistrate

Special Magistrate Hearing · 2026-06-19 · agenda_packet

[4235 4th Ave SE, Naples, FL 34117; case CEAU20250008161, CESD20250007493, CEVR20250007491, CEA20250005914] Multiple code enforcement cases against DLBLAL concerning property at 4235 4th Ave SE, Naples, FL 34117 (Folio 40801200001) were heard. Case CEAU20250008161 (unpermitted fence) and CESD20250007493 (unpermitted horse stable and shed, unfinalized pool permit) were dismissed as the respondent was found not in violation, citing Florida Statute 604.50. Case CEVR20250007491 (clearing excess of one acre without a vegetation removal permit) was also dismissed, with the Special Magistrate finding the respondent not in violation due to preemption provisions of Land Development Code Section 3.02.02(C) and Florida Statutes Sections 163.3162(4) and 823.14(6). Case CEA20250005914 (excess horses on 2.5 acres) resulted in a finding of violation. The respondent was ordered to provide leases for adjacent properties to account for total acreage for horses within ten business days, and if leases terminate, to notify Code Enforcement within 24 hours and reduce horse count to 2 per acre. The respondent was ordered to pay previously incurred and additional costs totaling $5447.40 within thirty days of March 6, 2026. [4235 4th Ave SE, Naples, FL 34117; case CEA20250005914 (also CEVR20250007491, CEAU20250008161, CESD20250007493)] This record details code enforcement actions against DLBLAL at 4235 4th Ave SE, Naples, FL 34117, Folio 40801200001. The property, zoned Estates, faced allegations including excess vegetation clearing, an unpermitted fence, an unpermitted horse stable and shed, and an excess of horses (more than 2 per acre on 2.5 acres). Legal arguments centered on the applicability of the Florida Right to Farm Act and the Florida Agricultural Lands Protection Act, and exemptions under Florida Statute 604.50 for agricultural properties. Ultimately, the Special Magistrate found DLBLAL not in violation for the fence, stable, and shed, citing exemptions under Fla. Stat. 604.50. However, DLBLAL was found in violation for exceeding the permissible number of horses on the 2.5-acre property. The decision required DLBLAL to lease adjacent property to increase the total acreage for horses to 7.73 acres within ten business days, or reduce the number of horses to 2 per acre. Costs of $446.80 were ordered, with potential additional costs for abatement.