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CEB Minutes 07/25/2013 CODE ENFORCEMENT BOARD Minutes July 25 , 2013 July 25, 2013 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, July 25, 2013 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald Lefebvre James Lavinski Tony Marino Larry Mieszcak Chris Hudson Lionel L'Esperance (Excused) ALSO PRESENT: Jeffrey Wright, Code Enforcement Director Colleen Crawley, Code Enforcement Jean Rawson, Attorney to CEB Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: July 25,2013 Location: 3299 Tamiami Trail East,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD 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 CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak Chris Hudson,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. June 27,2013 Hearing 5. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time 1. Fabricio Fernandez&Allison J.Fernandez CESD20120015628 B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20120015510 OWNER: JOHN F TAUB OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)POOL, SCREEN ENCLOSURE AND ADDITION TO SINGLE FAMILY HOME ADDED WITHOUT OBTAINING PERMITS FOLIO NO: 41826960008 VIOLATION ADDRESS: 5150 HICKORY WOOD DR.NAPLES,FL 34119 2. CASE NO: CESD20130003898 OWNER: CROWN ESTATE DEVELOPMENT LTD OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.13(F)FAILURE TO SUBMIT ANNUAL PUD MONITORING REPORT FOLIO NO: 39091800002 VIOLATION ADDRESS: NO SITE ADDRESS 3. CASE NO: CESD20130005543 OWNER: EVERGLADES RANCH LLC OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i)CONVERTED GARAGE,CARPORT AND SHED INTO LIVING QUARTERS FOLIO NO: 413000008 VIOLATION ADDRESS: 2740 NEWMAN DRIVE NAPLES,FL 34114 4. CASE NO: CELU20130005539 OWNER: EVERGLADES RANCH LLC OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED,SECTION 2.02.03 MULTIPLE UNITS HAVE BEEN RENTED TO TENANTS FOLIO NO: 413000008 VIOLATION ADDRESS: 2740 NEWMAN DR.NAPLES,FL 34114 5. CASE NO: CESD20120011900 OWNER: AYDELIN BAEZ OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)CONVERTED A BEDROOM INTO TWO BEDROOMS WITHOUT OBTAINING VALID COLLIER COUNTY PERMITS FOLIO NO: 36131040000 VIOLATION ADDRESS: 4757 17TH AVE. SW.NAPLES,FL 34116 6. CASE NO: CENA20130003180 OWNER: GOLDIE A OROSS EST. OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(d)COLLIER COUNTY PROHIBITED EXOTIC VEGETATION INCLUDING BUT NOT LIMITED TO BRAZILIAN PEPPER AND EARLEAF ACACIA LOCATED UPON UNIMPROVED PARCEL WITHIN A 200' RADIUS OF AN ABUTTING IMPROVED PROPERTY FOLIO NO: 75461120004 VIOLATION ADDRESS: 808 WIGGINS PASS RD.NAPLES,FL 34110 7. CASE NO: CESD20130001566 OWNER: RADIO ROAD PLAZA INVEST LLC. OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,CHAPTER 4 SECTION 4.05.07(D)(2)AND CHAPTER 10 SECTION 10.02.03(B)(5)PARKING LOT RE-STRIPPED INCLUDING HANDICAP SPACES THAT DO NOT MEET THE REQUIREMENTS OF AN APPROVED SITE DEVELOPMENT PLAN/SITE IMPROVEMENT PLAN FOLIO NO: 62360120008 VIOLATION ADDRESS: NO SITE ADDRESS 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20120012418 OWNER: NEW PLAN FLORIDA HOLDINGS LLC % EPROPERTY TAX DEPT 124 OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ILLEGAL CONSTRUCTION,NO PERMITS, SPRINKLER HEADS COVERED FOLIO NO: 34520001005 VIOLATION ADDRESS: 12709 TAMIAMI TRAIL E.NAPLES,FL 34113 2. CASE NO: CENA20130005058 OWNER: PNC BANK NA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTIONS 54-181 AND 54-179 ACCUMULATION OF LITTER CONSISTING OF TIRES, CONSTRUCTION MATERIALS AND PLASTIC DRUMS FOLIO NO: 37751040007 VIOLATION ADDRESS: 1861 8TH STREET NE NAPLES,FL 34120 3. CASE NO: CESD20130000542 OWNER: JP MORGAN CHASE BANK NATL ASSN OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)UNPERMITTED ENCLOSURE OF CARPORT FOLIO NO: 37110520003 VIOLATION ADDRESS: 321 7TH STREET NW NAPLES, FL 34117 4. CASE NO: CESD20110007803 OWNER: LARRY W FOX OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)STORAGE SHED IN THE REAR YARD CONVERTED INTO A LIVING SPACE WITH A SMALL KITCHEN AND BATH ACCORDING TO THE PROPERTY OWNER, STORAGE SHED OCCUPIED BY FAMILY MEMBERS FOLIO NO: 37014680007 VIOLATION ADDRESS: 681 11TH STREET SW NAPLES, FL 34117 5. CASE NO: CESD20120017461 OWNER: FEDERAL NATIONAL MORTGAGE ASSN OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)& 10.02.06(B)(1)(e)(i)UNPERMITTED ADDITIONS TO THE HOME TO INCLUDE WINDOWS,DOORS AND A METAL ROOF FOLIO NO: 36963480003 VIOLATION ADDRESS: 2080 GOLDEN GATE BLVD.W.NAPLES,FL 34120 6. CASE NO: CENA20120002199 OWNER: JENNA HOLBROOK OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)GARAGE CONVERTED TO A LIVING SPACE WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY PERMITS FOLIO NO: 37012120006 VIOLATION ADDRESS: 560 15TH STREET SW NAPLES,FL 34117 7. CASE NO: CELU20100022151 OWNER: ANTHONY DINORCIA SR,LLC. OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.03(B)(5)SWALES ON SIDES AND REAR OF PROPERTY FILLED IN VIOLATING SDP 2004 AR5054. FOLIO NO: 274560004 VIOLATION ADDRESS: 3963 DOMESTIC AVENUE NAPLES,FL 34104 8. CASE NO: 2007100236 OWNER: ANTHONY DINORCIA SR,LLC. OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)AND 10.02.06(B)(1)(e)(i)NUMEROUS UNPERMITTED STRUCTURES,INCLUDING OFFICE CANOPY STRUCTURES, SILOS AND BUILDINGS FOLIO NO: 274560004 VIOLATION ADDRESS: 3963 DOMESTIC AVENUE NAPLES,FL 34104 9. CASE NO: CESD20110000038 OWNER: OLGA CANOVA&REBECCA M.RIOS OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)ENCLOSED PORCH,ADDITIONS AND SHED FOLIO NO: 63856880000 VIOLATION ADDRESS: 511 JEFFERSON AVENUE W. IMMOKALEE,FL 34142 10. CASE NO: CESD20100002858 OWNER: ROBERT M GRIFFIN OFFICER: INVESTIGATOR CHRIS AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)NO COLLIER COUNTY PERMITS FOR THE HOUSE BUILT ON PROPERTY FOLIO NO: 37543240002 VIOLATION ADDRESS: 591 10TH AVENUE NW NAPLES,FL 34120 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order 1. Olympia Park RTL Dev. LLC CESD20120000114 D. Motion to Amend Previously Issued Order 7. NEW BUSINESS A. Rules and Regulations 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- August 22,2013 12. ADJOURN July 25, 2013 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board -- MR. MIESZCAK: To order. CHAIRMAN KAUFMAN: -- excuse me -- to order. This morning is going to be a little bit different than in the past. We're going to start out with the Pledge of Allegiance. So please all rise. And, Larry, would you lead us. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Thank you. Now, the respondent may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board 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 Code Enforcement Board shall be responsible for providing this record. Could we have the roll call. MS. CRAWLEY: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Present. MS. CRAWLEY: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. CRAWLEY: Mr. James Lavinski? MR. LAVINSKI: Here. MS. CRAWLEY: Mr. Tony Marino? MR. MARINO: Here. Page 2 July 25, 2013 MS. CRAWLEY: Mr. Larry Mieszcak? MR. MIESZCAK: Here. MS. CRAWLEY: Mr. Chris Hudson? MR. HUDSON: Here. MS. CRAWLEY: And Mr. Lionel L'Esperance has an excused absence. CHAIRMAN KAUFMAN: Okay. That means that, Chris, you'll be a full voting member today. And do we have any changes to the agenda? MS. CRAWLEY: We do. Number 5, public hearings, motion, B, stipulations, we have three additions. The first is No. 1 from hearings, John F. Taub, Case CESD20120015510. The second is No. 3 from hearings, Everglades Ranch, LLC, Case CESD20130005543. The third is No. 4 from hearings, Everglades Ranch, LLC, CELU20130005539. Under C, hearings, No. 2, Case CESD20130003898, Crown Estate Development, has been withdrawn. Number 5, Case CESD20120011900, Aydelin Baez, has been withdrawn. Number 6, Case CENA20130003180, Goldie A. Oross Estate, has been withdrawn. And No. 7, Case CESD20130001566, Radio Road Plaza Invest, LLC, has been withdrawn. CHAIRMAN KAUFMAN: Okay. And I see we have some additions as far as the -- MR. LEFEBVRE: Imposition of fines. CHAIRMAN KAUFMAN: -- the imposition of fines is concerned. Okay. Great. I need a motion to accept the minutes. Anybody Page 3 July 25, 2013 have any changes? MR. MIESZCAK: Motion to accept the minutes. CHAIRMAN KAUFMAN: We have a motion. MR. MARINO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: That carries unanimously. Which brings us to the first stipulation, I guess. MS. CRAWLEY: There's a motion for extension of time. Fabricio Fernandez and Allison J. Fernandez, Case CESD20120015628. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Why don't you let us know what you're requesting and what the reasons are. And, for the record, could you give your names and -- MR. FERNANDEZ: Oh. My name is Fabricio Fernandez. MS. FLORES: Joanna Flores. CHAIRMAN KAUFMAN: Okay. Can you move the microphone over a little so we can hear you. Okay. MS. FLORES: Mr. Fabricio had an accident on his back. That's why he's asking for more time, and he had, like, hospital bills and medical bills. CHAIRMAN KAUFMAN: Okay. I have a couple of questions of the county. Was the 80.57 paid? Page 4 July 25, 2013 MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. And I see that this was heard before, and 120 days extension was granted. I don't have the date on that, but at the last hearing that this case came before us; is that correct? MR. MIESZCAK: That's correct, 120 days. MR. LEFEBVRE: In April. CHAIRMAN KAUFMAN: In April. MS. CRAWLEY: March 28, 2013. CHAIRMAN KAUFMAN: So in March, 120 days was done. What's been done since that time? MS. FLORES: It's taking long because he needs to put in more money for the property. That's why it's taking this long. CHAIRMAN KAUFMAN: My question, though, is what has been done since April? MS. FLORES: Nothing has been done since April because he doesn't have the money to finish. CHAIRMAN KAUFMAN: Okay. And the surgery was when? MS. FLORES: It was on January 13th, and he's been to, like, recovery ever since, and the back recovery and the leg recovery. CHAIRMAN KAUFMAN: Okay. MS. FLORES: And then the medical bills. CHAIRMAN KAUFMAN: Okay. This is for an unpermitted shed. But let the county go through their case first, then I'll save my comments for then. MR. MUCHA: For the record, Joe Mucha with Collier County Code Enforcement. The county wouldn't have a problem with an extension, because it is just the shed. It's not a health and safety issue. CHAIRMAN KAUFMAN: Okay. What do you intend to do with the shed? Are you going to remove the shed, or are you going to get it permitted? Page 5 July 25, 2013 MS. FLORES: They're going to need a permit. They're going to get the permit for the shed. CHAIRMAN KAUFMAN: Okay. So the problem with getting the permit is the money? The back has -- I don't see the connection between the back and -- MR. MIESZCAK: The permit. MS. FLORES: The problem is that the shed, it's done, right, but he just -- its saving enough money to get the permit now. CHAIRMAN KAUFMAN: Okay. That was from January. Okay. Any comments from the board? MR. HUDSON: Mr. Chairman, I would just like to comment that it's the first hearing of the day; B, they clearly made the appropriate effort to notify us ahead of time of the extension of time, as we always recommend them to do after each case. And I'm guessing that the connection is probably -- and maybe you can answer this, but is the connection to the permit and the work and the money, is his back precluding him from working and making as much money as he could to put into getting the permit? MS. FLORES: Yes. It does have to do with that. MR. LEFEBVRE: And also he stated that he has medical bills that he had to pay, so that's where I think the hardship is. I make a motion that we extend it for 120 days. MR. HUDSON: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any other comments from the board? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. Page 6 July 25, 2013 MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. You have 120 days. And, again, if you are not completed by that time, come back before the board. Okay. MS. FLORES: Okay. Thank you, sir. MS. CRAWLEY: Okay. Under B, stipulations, the first stipulation is John F. Taub, Case CESD20120015510. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. Last week we met with the owners' contractor, who was acting on behalf of the owner, and he signed a stipulation agreeing that the owner will pay operational costs in the amount of$81.15 incurred in the prosecution of this case within 30 days of this hearing, to abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificates of completion/occupancy within 180 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: Is this pool completed? Page 7 July 25, 2013 MR. MUCHA: Yes, sir. MR. LEFEBVRE: Okay. Six months seems like a long time with a pool that's completed. MR. MUCHA: Well, there also was an addition to the home and also a screen enclosure that's unpermitted as well. MR. LEFEBVRE: Right. But it's all completed, correct? MR. MUCHA: Correct. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Have they applied for a permit? MR. MUCHA: There is a permit in applied status for the addition, not for the pool and the pool enclosure. CHAIRMAN KAUFMAN: Did they tell you why there was no permit? MR. MUCHA: I think they tried to do it all at once and they actually were told, you've got to do them separately. So I have good faith in the contractor that's working on it. CHAIRMAN KAUFMAN: Okay. Any other comments from the board? MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 8 July 25, 2013 CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. CRAWLEY: Number 2 is Everglades Ranch, LLC, Case CESD20130005543. (The speaker was duly sworn and indicated in the affirmative.) MR. DAVIS: Okay. CHAIRMAN KAUFMAN: Okay. Good morning. MR. DAVIS: Good morning. CHAIRMAN KAUFMAN: Why don't you take us through the stipulation. MR. DAVIS: For the record, James Davis, Collier County Code Enforcement. I met with Lynn Switzer, the owner of Everglades Ranch, on Monday, and she signed a stipulation. The stipulation reads: Therefore, it is agreed between the parties that the respondent shall, one, pay operational costs in the amount of$82 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building or demolition permits, inspections, and certificates of completion/occupancy within 120 days of this hearing, or a fine of $250 a day will be imposed for each day that any violation continues; Number 3, respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I see this was a converted garage and carport. Page 9 July 25, 2013 MR. DAVIS: Yes, sir. It's a raised ranch with a basement and garage, and the lower level of that raised ranch, the garage, was converted to an apartment. CHAIRMAN KAUFMAN: Was there anybody living in that apartment? MR. DAVIS: There was. Since that time, there actually -- they had multiple rentals on the property, which is the next case. And since that time, they've vacated the premises of anything that had been converted. CHAIRMAN KAUFMAN: So the rest of the residence is occupied but not that conversion portion? MR. DAVIS: That is correct, sir. CHAIRMAN KAUFMAN: Okay. Any questions from the board? (No response.) CHAIRMAN KAUFMAN: Okay. Any motions from the board? MR. MARINO: Motion to stipulation as read. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have motion to accept the stipulation as read and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. Now the next case. MS. CRAWLEY: Next case, Everglades Ranch, LLC, Case Page 10 July 25, 2013 CELU20130005539. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This one looks like it's a zoning violation. MR. DAVIS: Yes, sir. It's -- again, it's with Everglades Ranch. Lynn Switzer, I met with her on Monday, and we agreed to the following stipulation: Therefore, it is agreed between the parties that the respondent shall, one, pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by, one, must cease all multifamily rental use associated with this agricultural single-family zoned property within 120 days of this hearing, or a fine of$250 a day will be imposed for each day that any violations continue. Three, the respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I assume that the respondent was notified that the zoning is -- this is a violation of the zoning and should not be rented out to a different party? MR. DAVIS: Yes, sir, yes, sir. She was notified of that. She evicted anyone that -- she evicted most of the residents of the property already. She currently has an application to change her conditional use because it's a commercial property, and that's where that process is right now. She's going to try to change it to caretaker multifamily use for her property. CHAIRMAN KAUFMAN: Okay. Any comments from the Page 11 July 25, 2013 board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board? MR. HUDSON: Motion to accept the stipulation as read. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. DAVIS: Thank you. MS. CRAWLEY: We are now under No. 6, old business, A, motion for imposition of fines/liens. Number 1, Case CESD20120012418, New Plan Florida Holdings, LLC, Eproperty Tax Department 124. CHAIRMAN KAUFMAN: I have a question. Have the operational costs of 81.43 been paid? MR. HUDSON: It's in your new packet, Mr. Chairman. CHAIRMAN KAUFMAN: That ones in the new one, okay. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement supervisor. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: This is in reference to CEB Case No. Page 12 July 25, 2013 CESD20120012418. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 12709 Tamiami Trail East, Naples, Florida, 34113; Folio No. 34520001005. Description: Illegal construction, no permits, sprinkler heads covered. Past orders: On April 25, 2013, the Code Enforcement Board issued a findings of fact and conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4917, Page 3034, for more information. The property is in compliance with the Code Enforcement Board orders as of July 10, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at the rate of$200 per day for the period between June 25, 2013, and July 10, 2013, 16 days, for a total of $3,200. Order Item No. 5, operational costs of$81.43 have been paid. Total amount to date: $3,200. The county recommends full abatement of fines as the violation is abated and operational costs are paid. MR. MIESZCAK: Motion to abate. MR. MARINO: Second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. Page 13 July 25, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Cristina. MS. PEREZ: Thank you, gentlemen. MS. CRAWLEY: Number 2, Case CENA20130005058, PNC Bank. (The speaker was duly sworn and indicated in the affirmative.) MR. SNOW: For the record, Kitchell Snow, Collier County Code Enforcement. The violations on this property are Collier County Codes of Law and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-179. The location is 1861 8th Street Northeast, Naples, Florida 34120; folio number is 37751040007. And the description is accumulation of litter consisting of tires, construction material, and plastic drums. And the past orders, on No. May 23, 2013, the Code Enforcement Board issued a finding of fact, a conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4931 and Page 1672, for more information. The property is in compliance with the Code Enforcement Board orders as of July 24, 2013. The fines and costs to date are described as the following: Order Items No. 1 and 2, fines at the rate of$500 per day for the period between June 23, 2013, and July 25, 2013, 32 days, for a total of $16,000. Operational -- I'm sorry. Order Item No. 5, operational costs of $80.57 have not been paid. And the total amount to date is $16,080.57. CHAIRMAN KAUFMAN: Operational costs have been paid? Page 14 July 25, 2013 MR. SNOW: Have not been paid. MR. MIESZCAK: Have not. Is there a reason? MR. SNOW: It's owned by a bank, sir, and we've attempted to make contact with them. They don't have a local representative. We have contacted them, requested them to pay that, and they have not. CHAIRMAN KAUFMAN: Okay. Well, it's been our longstanding rule that if they don't pay their operational costs, then we impose the fine. Anybody -- MR. MIESZCAK: I'll make the motion to impose the fine. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. SNOW: Thank you, sir. MS. CRAWLEY: Number 3, Case CESD20130000542, JP Morgan Chase Bank National Association. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), located at 321 7th Street Northwest, Naples, 34117; Folio No. 37110520003, described as an unpermitted enclosure of a carport. Page 15 July 25, 2013 Past orders: On May 23, 2013, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4931, Page 1649, for more information. As of today, the property is not in compliance with the Code Enforcement Board orders. Fines and costs to date are described as the following: Order Items No. 1 and 2, fines at a rate of$250 per day for the period between June 23, 2013, and July 25, 2013, 33 days, for a total of $8,250, and fines also continue to accrue. Order Item No. 5, operational costs of$80.86 have not been paid. Total amount to date is $8,330.86. CHAIRMAN KAUFMAN: Have you been in contact with the bank? MR. MUCHA: Nobody's been in contact with us as far as I can tell. MR. LEFEBVRE: When did the bank take title to this property; do you know? CHAIRMAN KAUFMAN: Well, back in May -- MR. MUCHA: That looks like August 10, 2010. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: This is not difficult, I guess. MR. LEFEBVRE: I make a motion to impose the fine. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. Page 16 July 25, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. I Thanks for not having a good day today. MS. CRAWLEY: Number 4, Case CESD20110007803, Larry W. Fox. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 681 11th Street Southwest, Naples, 34117; folio number is 37014680007. Violation description: A storage shed in the rear yard converted into a living space with a small kitchen and bath and storage shed occupied by family members. Past orders: On February 23, 2012, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4772, Page 1329, for more information. An extension of time was granted on October 25, 2012. See the attached order of the board, OR4855, Page 2486, for more information. The property is not in compliance with the Code Enforcement Board orders as of today, July 25th. Fines and costs to date are described as the following: Order Item 1 and 2, fines at a rate of$150 per day for the period between June 26, 2013, and July 25, 2013, 30 days, for the total of$4,500. Fines continue to accrue. Order Item No. 6, operational costs of$80.57 have been paid. Page 17 July 25, 2013 Total amount to date is $4,500. CHAIRMAN KAUFMAN: Okay. Is this occupied at this time? MR. MUCHA: No, no one's living in the unit. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: And, actually, I have a note here that says the electric has been shut off per the code board order several months ago. So no electric; no one's in it. CHAIRMAN KAUFMAN: Mostly no residents. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: When it says "converted to living space," I take it there's a kitchen in there, and -- well, it says small kitchen and bathroom. So those have -- that has to be removed to make it compliant, correct? MR. MUCHA: Correct. There was a permit that was in "apply" status -- or it actually expired. I think they were maybe trying to permit it as it was, but that permit expired. MR. LEFEBVRE: Has there been any recent contact? MR. MUCHA: The only thing I got here, I got a note that says the property continues to be in probate. I believe Mr. Fox passed away. MR. LEFEBVRE: Oh. MR. MUCHA: The good news is nobody's in the unit and no power, so no health and safety issue. MR. LEFEBVRE: It's in probate. Would this one be maybe one that should be withdrawn and see if we can try to -- see if we can try to contact the next of kin and see if they can correct this before we impose the fines? MR. MUCHA: I think we've been trying to work with family members, and I just -- MR. MIESZCAK: Doesn't it expedite it a little quicker if you Page 18 July 25, 2013 impose the fine? Then something draws the attention to "let's get something done." MR. LEFEBVRE: Okay. MR. MIESZCAK: So I'll make a motion to impose the fine. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. CRAWLEY: Number 5, Case CESD20120017461, Federal National Mortgage Association. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 2080 Golden Gate Boulevard (sic), Naples, 34120; Folio No. 36963480003. Violation description: Unpermitted additions to the home to include windows, doors, and a metal roof. Past orders: On April 25, 2013, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent Page 19 July 25, 2013 was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4917, Page 3030, for more information. The property is in compliance with the Code Enforcement Board orders as of July 17, 2013. The fines and costs to date are described as the following: Order Item 1 and 2, fines at a rate of$200 per day for the period between June 25, 2013, and July 17, 2013, 23 days, for the total of$4,600. Order Item No. 5, operational costs of$81.15 have been paid. Total amount to date: $4,600. The county recommends full abatement of fines as the violation is abated and operational costs have been paid. CHAIRMAN KAUFMAN: It says the property is not in compliance on July 25th, yet it went into compliance on the 17th. MR. MUCHA: July 17th. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: We have another sheet. CHAIRMAN KAUFMAN: Yeah, I know, but it changed. Okay. Can I get a motion from the board to abate the fine? MR. LAVINSKI: Motion to abate. MR. HUDSON: Second. MR. MARINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 20 July 25, 2013 CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Joe. MS. CRAWLEY: Number 6, Case CENA20120002199, Jenna Holbrook. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is the dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location: 560 15th Street Southwest, Naples, 34117; folio number is 37012120006. Violation description: Garage converted to a living space without first obtaining all required Collier County permits. Past orders: On September 27, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4844, Page 282, for more information. An extension of time was granted on February 28, 2013. See the attached order of the board, OR4895, Page 2422, for more information. The property is not in compliance with the Code Enforcement Board orders as of July 25, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 3, fines at a rate of$150 per day for the period between June 29, 2013, and July 25, 2013, 27 days, for the total of $4,050. Fines continue to accrue. Order Item No. 7, operational costs of$80.29 have been paid. Total amount to date: $4,050. CHAIRMAN KAUFMAN: Okay. Good morning. MS. HOLBROOK: Good morning. First of all, I didn't even know there was any fines occurred (sic) for my property. I've been Page 21 July 25, 2013 dealing with -- CHAIRMAN KAUFMAN: Could you, just for the record, give us your name. MS. HOLBROOK: My name is Jenna Holbrook. CHAIRMAN KAUFMAN: Okay, Jenna. MS. HOLBROOK: Yes, sir. I was working with an architect out of Miami, Victor Deshaun (phonetic). I had a very difficult time. I was obtaining a permit by affidavit. I had a difficult time getting all the paperwork through him with the gentleman down at the county. You guys have given me an extension. I got all that submitted. They gave me a correction piece of paper with four corrections to be made on it. That's what I received from Collier County, and they told me to continue on with the corrections. So the first correction that was given to me was the DOH (sic) application for the septic, which was done last week, and I'm currently working with Crown Development, Armenio Ortega, to complete the rest of the four corrections. But it is a financial thing for me right now. And the area -- the living area is not occupied. It is just part of my house. So that's what I'm doing with the property. I don't have the money to do it all at once. I paid out money for the architect; that was a large sum of money that I paid for the DOAH, and I'm working with Crown Development to continue the rest of it. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: What have you had to say about this? Have you gone over these items? MR. MUCHA: I've looked at -- there was a permit that was -- permit application that was rejected on May 16th of this year. So what she is saying sounds accurate that they applied and it did get rejected. And, obviously, they've got to work on some corrections, Page 22 July 25, 2013 and it sounds like she is. So it seems like she's working towards compliance. MS. HOLBROOK: Chris Ambach was my code enforcement officer, and he's very aware. I called him on several occasions letting him know what was going on, and I've been actively trying to do this. But in the beginning they told me to do the permit by affidavit. And not knowing how this whole thing worked out, it just became a nightmare. And it's been very difficult to accomplish what I need to accomplish. And I'm trying to do so according to the law, but I don't have the finances to do everything at once, so -- CHAIRMAN KAUFMAN: Okay. This began, actually, almost a year ago September -- MS. HOLBROOK: Uh-huh. CHAIRMAN KAUFMAN: -- where the garage was converted without a permit? MS. HOLBROOK: Yeah, and I built another garage when Collier County came out 23 years ago and gave me the CO for the garage and supposedly the conversion, because they saw it. Twenty-three years later, this all came about. So it's been -- I'm trying to accommodate what you've asked me to do. Financially I don't have the means to do it all at once. I don't have the money. CHAIRMAN KAUFMAN: How long do you think it would take to get the money? MS. HOLBROOK: Well, I've exhausted $10,000 already, sir, and I work every single day. So I would anticipate -- I'm hoping with Armenio Ortega, with somebody guiding me through this process -- because it seems every time I turn around, I go there, I've got another issue to deal with. He's going to help me. Apparently he used to be on the board here, and he works for Crown Development International, and I'm hoping that he's going to be able to help me through each step, which each one of the gentlemen on this piece of paper, Ken Rack, Michael Page 23 July 25, 2013 Gibbons, and Craig Davis, each one of those I've contacted so I can get specifics as to what I need to do so I don't have to go around the circle three times. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. MIESZCAK: I think it would be nice to know if we could feel for a time frame. I think that's what we're looking for. And if you have a time frame that's feasible, we'd like to help. MS. HOLBROOK: Well, you know, not knowing -- every time I turn around they're asking for something different. I would say six months I think I could have it complete, but I only make so much money, and the money that I do make goes to bills, and the extra I pay to do the next project. And I have no problem. I'm working to get it done for -- you know, for the county, but it's not like I'm renting out the property. I live there by myself. MR. MIESZCAK: See, a big concern of the board a lot of times is a safety issue. MS. HOLBROOK: Yes, sir. MR. MIESZCAK: If you've converted it to a garage and you have electrical and water and whatever, that's our main concern, is safety. MS. HOLBROOK: Yes, sir. There's only electrical, and I'm working on that next with a certified electrician to provide that information for you; so I'm working towards that. CHAIRMAN KAUFMAN: Has the electric been turned off in that section? MS. HOLBROOK: Uh-huh, yes. MR. MUCHA: If she says so, I have to take her word for it. MS. HOLBROOK: Chris Ambach is my -- was the gentleman that was working with me. He has probably a file. MR. MIESZCAK: I really see no problem with six months at Page 24 July 25, 2013 this time, you know. She lives there, and it's turned off. And I think it's a nice humane thing to do, give her enough time to get done. MR. HUDSON: I agree. I will say, though, just to jump on that, you know, you're hurting for cash. Four thousand dollars is not going to help you get to completing your project. MS. HOLBROOK: Oh, it won't happen. I'll end up losing my house. That's how far it is. I've lived there for 23 years. I had a job change. And it will just make it so I'll just walk away completely. That's exactly what would happen, I'm going to be honest with you. MR. HUDSON: I get that, and that's why I'm saying it out loud. But I think you also need to realize that it sounds like they're having thoughts about giving you some extra time. MS. HOLBROOK: Yes, sir. MR. HUDSON: And in the very first case of the day I made a comment that, you know, we ask our folks to come back and let us know early. You did sign a stipulation previously. You've got to come let the board know or let one of the staff know so that you're not standing here right now, and we could figure this out in a different way. MS. HOLBROOK: Okay. Just so you do know, as I told you, I had hired an architect out of Miami. He's unfamiliar with the process here. He got very frustrated. And he's an older gentleman. I sent him the paperwork. I said, sign this, do this. It came back -- it wasn't something I planned to happen, is what I want to say to you. So, therefore, not really understanding the whole process of a permit by affidavit, I tried to be patient with this gentleman, not knowing him personally. It was through a personal friend. So it became more than what I had thought also, sir, in all honesty. I didn't really plan on it. Now Crown Development is telling me that I may have to hire another architect to start completely over. CHAIRMAN KAUFMAN: Well, we're not going to hear the Page 25 July 25, 2013 case again right now. This is the imposition of the fine. And I'm going to piggyback on what Chris had said. The proper thing would have been a lot easier had you come back before the fines started accruing in -- on June 29th. Your -- you were familiar with that date. That was when your time limit began where the fines started to accrue on June 29th. MS. HOLBROOK: No. I did not know that I even had any fines occurring (sic) at this point. CHAIRMAN KAUFMAN: You applied for an extension of time. MS. HOLBROOK: Yes, sir. Yes, I did. CHAIRMAN KAUFMAN: I signed the order on the 4th of March, which -- did you get a copy of that order? MS. HOLBROOK: I don't know if I have one with me. I don't know. MR. LEFEBVRE: And you also signed a stipulated agreement, which -- MS. HOLBROOK: Yes, sir. MR. LEFEBVRE: -- lists out the fines. MS. HOLBROOK: Yes, sir. No, I have not seen that I was getting any fines; no, sir, I have not. MR. LEFEBVRE: Well, the stipulated agreement gives you a period of time to correct the problem. Then you came for an extension. If you didn't know that there was any fines, you would not have come for an extension prior. So what I'm going to say, my final word is, I'll agree to the motion, second the motion, but in six months from now, I probably will not grant another extension. MS. HOLBROOK: I understand that. I say that's fair. I'll do the best that I can. That's what I can say. CHAIRMAN KAUFMAN: Okay. Do we have -- MR. LEFEBVRE: I'll second. Page 26 July 25, 2013 CHAIRMAN KAUFMAN: Do we have a second on this motion? MR. LEFEBVRE: I just seconded. CHAIRMAN KAUFMAN: You did, okay. All righty. Now, to bring this back in six months, what's the process that we should use? We've done several things. This is the imposition of fines. This is not the hearing. So -- MR. LEFEBVRE: We're granting an extension right now, and if it's corrected, then we won't see the case again, but if it's not corrected, we'll -- CHAIRMAN KAUFMAN: Well, I don't think that they applied for an extension. Jean, what's the proper way to bring this back in six months? MS. RAWSON: Well, the staff will put it on the agenda if it's not completed. In other words, she's asked for six months. If you give her six months, then they'll check and see. If the work is done, we'll never see it again. CHAIRMAN KAUFMAN: Okay. MS. RAWSON: If the work is not done, they'll put it back on the agenda, and you guys will hear the imposition of fines hearing again. CHAIRMAN KAUFMAN: Okay. So we're freezing it, in essence. Okay. We have a motion, and we have a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 27 July 25, 2013 CHAIRMAN KAUFMAN: Carries unanimously. You have six months. Don't wait still six months and one day to come back. If you see that you're not meeting that, you need to come back before that time. MS. HOLBROOK: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I just want to be very clear. Ms. Holbrook? MS. HOLBROOK: Yes, sir. MR. LEFEBVRE: I just want to be very clear. MS. HOLBROOK: Yes, sir. MR. LEFEBVRE: The fines at this point are not being imposed, so you have no fines. But six months from now, if you do not correct the problem, fines will start again; just to be very clear on that. MS. HOLBROOK: Yes, sir, I understand that -- MR. LEFEBVRE: I want to make sure -- MS. HOLBROOK: -- but I would like you to know that I have been actively working on this from the day that this all took place, and I have proof of that. I have proof of that. MR. LEFEBVRE: Very good. Thank you. MS. CRAWLEY: Number 7, Case CELU20100022151, Anthony Dinorcia, Sr., LLC. CHAIRMAN KAUFMAN: This is two cases, actually. Go ahead. (The speakers were duly sworn and indicated in the affirmative.) MR. SNOW: For the record, Kitchell Snow, Collier County Code Enforcement. To be fair, if the board would recall, this was before you last month. The property owner stated that his representative was not available. His representative is here today. I would defer to have him speak to you before we do anything. Remember, this was a request for an extension of time, and that's why we're here today. So I'll turn it over to him before we document Page 28 July 25, 2013 anything. CHAIRMAN KAUFMAN: Okay. Good morning. MR. HANCOCK: Chairman, good morning. Members of the Code Enforcement Board, my name is Tim Hancock with Davidson Engineering. We have been working with Mr. Dinorcia since July of last year. At that time he engaged us to try and assist with the resolution of this Code Enforcement Board matter in bringing the property into compliance. From that point forward, he has engaged not just our firm on the civil engineering side to apply for a Site Development Plan, but he's also engaged a landscape architect, a building contractor, and architect, and -- did I run through all of them? Yes, I think that's all of them so far. What I have is a timeline to provide to you. CHAIRMAN KAUFMAN: Can we get a motion to accept? MR. HUDSON: Motion to accept. MR. MIESZCAK: Has the county seen it? MR. HANCOCK: And we'll have one -- CHAIRMAN KAUFMAN: Have you seen this, Kitchell? MR. SNOW: I have not seen it. MR. HANCOCK: The purpose for the time line is less evidentiary than it is basically just to have something to follow -- MR. SNOW: No objection. MR. MIESZCAK: Wait a minute. CHAIRMAN KAUFMAN: Excuse me? MR. SNOW: No objection. I'm sorry. MR. MIESZCAK: I'll make a motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. Do we have a second? MR. MARINO: Second. CHAIRMAN KAUFMAN: And a second. Page 29 July 25, 2013 All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay. MR. HANCOCK: Thank you. Moving forward from that date in July, in August of last year we received authorization from county staff to submit what's called an SDPI. The property did have an approved Site Development Plan for a building that was constructed; however, the SDP contained elements of a water management plan that would have basically required elements of the site to be removed. Found out from the roe owner that he had never seen that Fo property rty plan as it went forward through the process, so we had some work to do. We submitted an SDPI in December of last year and received comments in mid December; however, there was one outstanding issue, and it was called an administrative parking reduction. It was part of our application. We received the request in February of 2013 for additional information on the APR. So while we had comments on the SDPI, we couldn't move forward until the administrative parking reduction was resolved because, obviously, we needed to know how many parking spaces we're allocating in the plan. We did not receive final resolution to the administrative parking reduction, which was approved, until May of this year. Once we Page 30 July 25, 2013 received that, we moved forward on the list of comments that we had in the SDPI. The timeline before you calls that out. We also received a comment about a payment in lieu for sidewalks. That payment in lieu had already been made. We had to go back and find Mr. Dinorcia's file and provide it to staff, which we have done. We've ordered the necessary fire flow tests which were received just on June 12th. And, unfortunately, at your last hearing I was out of town; a miscommunication between myself and my client. I did not have the date of this hearing; otherwise, I would have been here to provide this information to you and contact Mr. Box in advance, as I did in the January hearing. My apologies to you and to my client for that miscommunication. But where we stand right now is that the SDPI response to the first set of comments will be going back in within the next 10 days to two weeks. We expect the SDPI to be approved or have an additional set of comments if there are any issues. And, candidly, this site is like a lot of industrial sites. When you get into them, it's like peeling an onion over the years as things are put onto the site and put together. We're talking about metal structures that are providing shade and cover and sometimes just covering raw materials such as sand and stone material that goes into the manufacturing of products. But, you know, the fire codes today are different than they were 10, 15 years ago. And so we've got a lot of things to work on. But we think the SDPI can be approved within the next three to four months, and final resolution. That, then, allows us to go in and apply for individual building permits for the non-permitted structures on site, none of which, again, are air-conditioned and used as office space and that type of thing. They're mainly just cover structures. So that is the progress we've made. My client has expended a significant sum of money getting to this point. It is going to take more time. Page 31 July 25, 2013 I do believe the SDPI will be resolved in the next two to three months. We then will be applying for building permits for the structures. Those could take another 60 days. And then, of course, once those permits are issued, if there are any compliance issues, such as additional electrical inspections and so forth, they will follow. This is not a short-term fix, but the client is committed and is moving forward the best he can, and we're a part of that. I'm hear to answer any other questions you may have. CHAIRMAN KAUFMAN: Okay. Any questions from the board? MR. LEFEBVRE: How much time are you looking for for an extension? MR. HANCOCK: Sir, I think six months should get us to a point where if we don't have all the building permits in hand, then we will at least know the outstanding ones and the reasons why. If this board would like to avoid things dragging on and get interim reports, we certainly can provide that to Investigator Box at whatever internal you feel is appropriate. MR. LEFEBVRE: I make a motion that we extend for six months with reports every two months. CHAIRMAN KAUFMAN: Okay. Do you want those to go to Box, or do you want -- MR. SNOW: They can go to Investigator Box, sir. And, for the record, I concur with what Mr. Hancock has suggested. It is extensive. They had three pages of rejections. They couldn't move forward until they got the word on the parking reduction, because that was going to affect the whole process, and it's just -- and they did apply for -- they did apply for the extension of time. It wasn't before their time had eclipsed (sic), but it was shortly thereafter. It was the first hearing thereafter, so they attempted to comply with your wishes as far as requesting time in a timely manner also. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we Page 32 July 25, 2013 have a second? MR. HUDSON: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. And there's a second case -- MR. SNOW: Yes, sir. CHAIRMAN KAUFMAN: -- that we can probably hear. MS. CRAWLEY: Number 8, Case 2007100236, Anthony Dinorcia, Sr., LLC. (The speakers were d ul y sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This is very similar to the last case, so we can probably accept a motion, if you want to do it again, Gerald. MR. LEFEBVRE: I make a motion to extend the time six months with, every two months, an update on the progress. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. Page 33 July 25, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. HANCOCK: Members of the board, I thank you. MR. SNOW: Just for clarification, this board wants to hear that update in this venue, correct? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Yes. MR. SNOW: Okay. MR. HANCOCK: Thank you. MS. CRAWLEY: Number 9, Case CESD20110000038, Olga Canova and Rebecca M. Rios. CHAIRMAN KAUFMAN: Mr. Lefebvre has to step out for the remainder of the meeting. We still have a quorum. (Gerald Lefebvre left the boardroom for the remainder of the meeting.) (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Before I get into the imposition, I'd like to bring up a couple points. Ms. Rios did come in on Tuesday and drop off a request for what she called a continuance and also a check to pay the operational costs. So I'd like to put this up on the board, her continuance request, if it's okay with the board. MR. MIESZCAK: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. MARINO: Second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? MR. MARINO: Aye. Page 34 July 25, 2013 MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So the $80.29 has been paid? MR. LETOURNEAU: Yes, sir. We'll give you a chance to read this continuance request. MR. HUDSON: What day did she drop it off? MR. LETOURNEAU: Tuesday, the 23rd. CHAIRMAN KAUFMAN: Okay. This has to do with an enclosed porch? MR. LETOURNEAU: There was -- actually, the original hearing had three violations that were named on it, a porch, additions, and a shed. There was a lot of-- due to the -- how old the actual additions and stuff were, there was a lot of back and forth between the building department and the property owner. It was determined by the building department that the additions did not need a permit. The shed got a demo permit and was removed, and they're just -- she had submitted a permit to get the porch permitted, and it ran into some snags. There was a few rejections; a rejection letter was sent out about a month ago, and she's working on the -- getting that fixed. It involved a wall section where the door was placed, and she also needed a survey, so she's working on those at this time. CHAIRMAN KAUFMAN: Yeah. I see that the fine is $92,200. That's a heck of a fine. MR. LETOURNEAU: It's an old case, but there was extenuating circumstances after the hearing. CHAIRMAN KAUFMAN: And what is your counsel to us on Page 35 July 25, 2013 this? MR. LETOURNEAU: We would have no objections to a continuance or whatever you wanted to call it at this time. CHAIRMAN KAUFMAN: Okay. She says in her letter that it could be completed within the next 10 days. I'm assuming, then, that she has permits and whatnot and it's just in the final inspection? MR. LETOURNEAU: No. It's not issued yet. She's working on the corrections to the permit application right now, so I don't know about 10 days. MR. HUDSON: Ten days probably doesn't make sense. CHAIRMAN KAUFMAN: No. MR. MIESZCAK: Sounds good. MR. HUDSON: I'd like to make a motion for 90 days, Mr. Chairman, just because I think you give them one last shot before you impose a $92,000 fine anywhere, especially since she made the effort. She showed up on Tuesday to try to get a continuance, probably not the best way, and she did pay the operational costs. So there's some effort there. It sounds like there's some work going on. And just looking at the location here, $92,000 is just -- that's stiff. MR. MIESCZAK: I'll second the motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. The shed is gone; is that correct? MR. LETOURNEAU: Yes, sir. CHAIRMAN KAUFMAN: The enclosed porch, is anybody living there? Is there electrical in there? I'm only -- MR. LETOURNEAU: No. It's just basically a carport that was enclosed with some screen and door. CHAIRMAN KAUFMAN: Do you have any problem with extending this thing 90 days? MR. LETOURNEAU: No, sir. Page 36 July 25, 2013 CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. LETOURNEAU: Thank you. MS. RAWSON: Just for a point of clarification, is this a continuance for 90 days to bring it back, or is this an extension of time for 90 days? MR. HUDSON: What did we do in the previous case? MS. RAWSON: Well, extension of time -- MR. HUDSON: Then extension. MS. RAWSON: -- but she called her motion a motion for a continuance. That doesn't necessarily mean that's what it is, but that's what she called it. MR. HUDSON: Extension of time. MS. RAWSON: Okay. MS. CRAWLEY: Number 10, Case CESD2010002858 (sic), Robert M. Griffin. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you identify yourself, please. MR. GRIFFIN: Good morning, Mr. Chairman and board members. Rob Griffin, 591 10th Avenue Northwest. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: For the record, Joe Mucha, Collier County. This is dealing with violations of Collier County Land Page 37 July 25, 2013 Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location: 591 10th Avenue Northwest, Naples; Folio No. 37543240002. Description: No Collier County permits for the house built on the property. Past orders: On January 19, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4760, Page 536, for more information. An extension of time was granted on April 25, 2013. See the attached order of the board, OR4917, Page 3016, for more information. The property is not in compliance with the Code Enforcement Board orders as of July 25, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of$250 per day for the period s between June 25, 2013, and July 25, 2013, 31 days,, for the total of $7,750. Fines continue to accrue. Order Item No. 5, operational costs of$80.86 have been paid. Total amount to date: $7,750. CHAIRMAN KAUFMAN: Okay. Sir? MR. GRIFFIN: I've got some pictures I'd like to submit. CHAIRMAN KAUFMAN: Well, we're not here to rehear the case. MR. GRIFFIN: Okay. CHAIRMAN KAUFMAN: Okay. The case was heard. Can you tell us -- I mean, this is a whole house that was built without a permit; is that what I'm understanding? MR. MUCHA: No, there was a permit originally, then it expired and -- over the years. MR. GRIFFIN: The house has always had a permit. There was a Page 38 July 25, 2013 time when the permit expired. And what happened last session -- I wasn't here. My wife was here. And I went back and watched, you know, the conversation on the television. And what we have done since our last meeting is the fee has been paid, okay, because that wasn't paid. I said -- and she relayed to you that I was getting a tub set inspection, and I did get the tub set inspection within the time frame that we had discussed, and the other thing was I said that I would be hanging drywall, and the drywall has been hung, okay, so those three things have been done. And the fourth thing was better communication with the code enforcement officer, and I did notify them, you know, when I did pass my last building inspection, and so that's what we're doing. We're making progress. So for me, with the building department, is, obviously, we're going to paint the walls, and I have, I think, seven inspections left, and they're all basically finals except for shutter inspection. So we're on -- we should be on the downhill slide here. CHAIRMAN KAUFMAN: Okay. Mr. Mucha? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: What say you on this case? Have you seen progress? MR. MUCHA: I mean, there was a recent passed inspection. It's obviously not a health and safety issue. Nobody lives there. And looks like he's working towards getting this permit finalized. CHAIRMAN KAUFMAN: So this was a case where there was a house, and the permit expired? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: And now -- doing backtracking to -- MR. MUCHA: Permit is valid again, and he's working on -- probably the issue is he needs time. CHAIRMAN KAUFMAN: Okay. How much time do you think you would need to have all your remaining final inspections Page 39 July 25, 2013 completed and get a final CO? MR. GRIFFIN: Well, I do a lot of the work myself but, you know, that's why I kind of want to submit the pictures, but I understand this isn't the format for that, but -- MR. HUDSON: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. HUDSON: In context of your question, are we allowed to look at those photos? CHAIRMAN KAUFMAN: Sure. MR. GRIFFIN: Yeah. I think it's important, because I think you, you know, hear so many cases. You know, this particular house, you need to understand, is -- I also own the house next door to it, and I also -- I own four contiguous pieces of property next to this house that I'm currently building. And when I started this project, I kind of modeled what they do over in Germany. They start from the outside in. So this house has not just been sitting there as an eyesore. It's been painted, it's been stuccoed, it's had, you know, all these things done to it, and it's just the interior that I've been working with, because it is a custom home and it does take time to do. CHAIRMAN KAUFMAN: Can I interrupt you for one second? Joe, have you seen the pictures yet? MR. MUCHA: No, I have not. CHAIRMAN KAUFMAN: Okay. Why don't you look at the pictures, see if you have any objections. MR. GRIFFIN: But as far as with the building department, all I have left, really, is the finals. My next -- what I'm working towards, obviously, right now, we are, you know, painting, painting the inside of the home, we're doing some waterproofing still. MR. MIESZCAK: Motion to accept the photos. MR. HUDSON: Second. MR. MARINO: Second. Page 40 July 25, 2013 MR. GRIFFIN: And we're going to. CHAIRMAN KAUFMAN: One second. We have a motion and a second to accept the photos. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Why don't you put those on -- MR. GRIFFIN: Thank you, Mr. Chairman. This is just a side angle here. You know, it is a two-story house. And, as you can see, there's a lot of precast concrete that you don't see out there with the balusters and the handrail. There's the front. You know, it's painted; it has gutters on it. The landscaping, obviously, is not done yet. That's one of the things that I'm going to do in the final. There's the drywall. I brought that in just to show you that the drywall has been completed. The walls are almost textured. So as soon as I get done with that, I'm going to start the painting. It needs to cure a little bit. That's the outside 400-square-foot balcony right there. And if you'll see, that's a concrete slab with the precast balusters and handrail there. That waterproofing deck right there, just that 400 square foot, is about $2,800 to do, and it's like a four-step process. But, anyway, I just wanted to show you a little bit about what's going on there. MR. MIESZCAK: When were the pictures taken? MR. GRIFFIN: It's not just like it's just -- excuse me. MR. MIESZCAK: I'm sorry. When were those pictures taken? Page 41 July 25, 2013 MR. GRIFFIN: I just took those yesterday. MR. MIESZCAK: Yesterday, thank you. MR. GRIFFIN: And I was at CVS last night about 10 o'clock trying to get them out of my phone, but we got it done. I wanted to make sure I had those for you. CHAIRMAN KAUFMAN: Does it look like you would be completed in 60 days or 90 days? MR. GRIFFIN: To be honest with you, I'm on -- I think I'm on schedule to be done by the end of the year. But I would not, you know, be -- I heard you, Mr. Chairman, mention sooner. I don't have a problem coming back in 60 days to the board and giving them a progress report and see where I'm at, you know. Would I be done in 60 days, probably not, but I could give you a much better -- things should start to happen pretty fast here. CHAIRMAN KAUFMAN: I have no problem granting 120 days if that's the wishes of the board. MR. MIESZCAK: I agree. CHAIRMAN KAUFMAN: That's four months. MR. LAVINSKI: I just have a question. Looking back on October the 27th, 2011, I guess this started -- and there's a statement that the respondent did not contact the investigator and that a reinspection showed that there's still a violation. Are we getting back into that same mode where you're just going to disappear on this again as you obviously did, according to this affidavit of noncompliance, back in 2011? MR. GRIFFIN: I'm -- no. I mean, I think that we've had good communication. I have good communication with the building department and with code enforcement. MR. LAVINSKI: Well, it says here you did not contact the investigator. MR. GRIFFIN: I'm not familiar with that. What -- MR. LAVINSKI: It's an affidavit dated July -- well, it's the 1st Page 42 July 25, 2013 day of July of 2013, but the project was October 27, 2011. So this has been around almost two years, right? MR. GRIFFIN: Building this house? Sure. MS. CRAWLEY: Mr. Lavinski, that date should actually say January 19, 2012. It's the date of the finding of fact here. MR. GRIFFIN: Yeah. That was one of the -- that was one of the -- that's why I addressed -- the four items since our last visit here was the tub set inspection got completed, the drywall's been hung, the fees have been paid, and we have communication with the code enforcement officer. CHAIRMAN KAUFMAN: Who are you communicating with as far as code enforcement's concerned? Joe or -- maybe you can answer that. MR. GRIFFIN: Chris -- MR. MUCHA: He needs to be in contact with Chris. He's the investigator on the case. CHAIRMAN KAUFMAN: Okay. And are you in contact with him on a regular basis? MR. GRIFFIN: Well, our last conversation was, when we left the last meeting here in front of the board, is that we talked about I would call him and let him know when I got my -- the tub set inspection, and I did that. CHAIRMAN KAUFMAN: Okay. MR. GRIFFIN: I did do that. MR. MUCHA: I have a note here from Chris. It does say that Mr. Griffin called him about a month ago, requested him to call back, and when Chris called him -- I guess your voice mail is so full you can't leave messages. That's the note he left for me here just -- so he tried to contact you back and couldn't leave a message for you. MR. GRIFFIN: And I called -- when I called back, too, Chris was on vacation, and I believe you took the call, right? Was it you? MR. MUCHA: No, it wasn't me. Page 43 July 25, 2013 MR. GRIFFIN: Somebody else took the call, and they made a note and said that, you know, they would forward that to Chris. CHAIRMAN KAUFMAN: I would be inclined to grant 120 days with you notifying Chris on a regular basis, like maybe after each approval that you get on your final inspections, or if you're -- whether you get approval or you don't get approval, to keep him up to speed twice a month, maybe on the 1st and the 15th of the month, to stay in touch with him to allay any concerns that Mr. Lavinski has. Is that a problem for you? MR. GRIFFIN: No, it's not a problem at all. I mean, I don't mind a 60-day check-in either. I mean, I'll be more than happy to come back in two months, and I'll know a lot more of, you know, when the job should be done. CHAIRMAN KAUFMAN: Well, hopefully, if we grant you 120 days -- MR. GRIFFIN: Right. CHAIRMAN KAUFMAN: -- maybe we won't see you again. Maybe it will all be done. MR. GRIFFIN: Right. CHAIRMAN KAUFMAN: So would anybody like to take a stab at a motion? If not, I will. And I make a motion that we extend 120 days. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. MARINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LAVINSKI: No. CHAIRMAN KAUFMAN: Okay. Carries with Mr. Lavinski Page 44 July 25, 2013 dissenting. And that includes you staying in close contact with Chris. MR. GRIFFIN: Okay. I will -- so you're saying -- I want to make sure that I understand this. So you're expecting me to have full compliance in 120 days; is that where we're at or -- I want to make sure I understand. CHAIRMAN KAUFMAN: If you're not in compliance in 120 days, prior to 120 days we would request that you come back here and give us an update as to where you are. MR. GRIFFIN: Okay, okay. Super. MR. HUDSON: I would recommend you clear out your voice mail box, because I can tell you these guys are a lot more helpful when you're communicating all the time. MR. GRIFFIN: Yes, sir. Okay. All right. Actually, I've got him on speed dial now, so that's good. All right. Thank you. CHAIRMAN KAUFMAN: Okay. MR. GRIFFIN: Thank you for your time. MS. CRAWLEY: No. C, motion to rescind previously issued order. Olympia Park Retail Development, LLC, Case CESD20120000114. There was a lien and two orders recorded, and after extensive research, it was determined that there's a new entity that owns this property, so we would like to rescind the lien and both orders and also put on the record that any other form of paperwork, such as the notice of violation or any other documents, are also null and void and rescinded from the case. CHAIRMAN KAUFMAN: Okay. MR. HUDSON: Motion to rescind. CHAIRMAN KAUFMAN: We have a motion. MR. MARINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? Page 45 July 25, 2013 MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We didn't get a chance to give our court stenographer a break yet. Maybe we can pass on the break for a while. Okay. Any reports? I guess that's what we're up to now. Jeff, this being your first meeting. MR. WRIGHT: Yes, Mr. Chairman. Thank you. For the record, I'm Jeff Wright, code enforcement director. And I know historically you've gotten a report at the end of the meeting. And I'm just going to continue with that unless I receive direction from the board to take a different approach. So far -- this is going back from November 2008 to present -- the total abatement costs paid by lenders is $3.24 million. Total violations abated by lenders is 2,867 violations. Between 2009 -- July of 2009 and July of 2013, the amount of fines waived by the boards and the magistrate is over $13 million, just over $13 million. Since fiscal year -- this fiscal year started, that is October 1, 2012, $257,482 have been spent by lenders to abate, and the number of violations abated by lenders is 242. We've opened, during that same period, 4,590 code cases, and 3,280 educational patrols. The number of property inspections is 15,675. And between the meet and greet events, cleanup events, and sweeps we have -- 83 is the number. The amount of fines waived is over four-and-a-half million dollars. Page 46 July 25, 2013 We also have -- bankruptcies are still a -- seem to be a popular course for people to take. We've gotten 317 bankruptcy documents during that fiscal -- since the fiscal year started. Number of requests for lien searches is 6,327. Of those, 293 resulted in opening new cases. That's all I have this morning. CHAIRMAN KAUFMAN: Okay, very good. I think at some point we're probably recognizing the people that are actually going out and asking code enforcement to do a record check on the property to see if there are outstanding violations is working, because we're seeing fewer and fewer where property is sold and they find that there was a violation before they purchased the property, and I think that's beginning to take hold, and actually it takes a while till it gets into the system. Okay. Our next meeting is August 22, 2013. I think we have some training after this meeting. Let's get a motion to adjourn. MR. MIESZCAK: Motion to adjourn. CHAIRMAN KAUFMAN: We have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. ***** Page 47 July 25, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10: 12 a.m.CO O P ► FORC - ENT BOARD ' 111 • R t� MAN, Chairman These minutes approved by the Board on nv S7 lz, 264 3 , as presented V or as corrected . TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 48