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Owner says structures ‘were there when I bought the house’; board finds violation, grants 180 days
Summary
At a contentious hearing the board found unpermitted structures at a Naples property, granted 180 days for remediation, required payment of operational costs and reduced accrued fines to help the owner pursue compliance.
A contested hearing before the Collier County Code Enforcement Board on Feb. 26 centered on unpermitted structures at a Naples property, producing tense exchanges and a firm order from the board.
County investigator Bradley Holmes presented inspection photos and a permit history that staff said showed additions and other improvements made without required permits. Board members noted repeated permit expirations and several previously filed extension requests.
The respondent argued that the structures predated his ownership. "Everything was there when I buy the house," the respondent said, asserting he purchased the property in that condition. Staff replied that obtaining a permit after the fact does not erase an existing violation and emphasized that the county's concern is whether work was performed without required permits.
After extended testimony and public comment, the board found a violation and set a compliance window of 180 days. The board required payment of today’s operational cost (noted in the record as $59.28) within 30 days. To help the respondent pursue remediation, the chair announced a reduction of previously accrued fines, stating on the record that the accumulated penalty for the matter would be reduced to $200.
Board counsel and staff directed the respondent to obtain either acceptable permit documentation that would validate the work or a demolition permit and remove unpermitted structures. The board instructed respondents to notify the investigator when abatement is complete so the county can perform a final inspection.
Why it matters: the hearing illustrates a recurring enforcement dilemma: owners who buy properties with longstanding, undocumented work may face enforcement even if that work predated their purchase. Staff said the remedy is to either finalize permits and inspections or remove the unpermitted work.
The board’s directive gives the owner until summer 2026 to resolve the matter; failure to comply after the 180-day window would trigger a daily fine ordered by the board.
