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CEB Minutes 08/22/2013 CODE ENFORCEMENT BOARD Minutes August 22 , 2013 August 22, 2013 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida August 22, 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 Larry Mieszcak James Lavinski Gerald Lefebvre Lionel L'Esperance Chris Hudson Tony Marino (Excused) ALSO PRESENT: Jean Rawson, Attorney for the Board Jeff Wright, Code Enforcement Director Colleen Crawley, Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: August 22,2013 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. July 25,2013 Hearing 5. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20120007532 OWNER: MICHAEL&RAYMARA SCHMIDT OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)PERMIT#2005093570 FOR A POOL SCREEN ENCLOSURE AND PERMIT#2005094404 FOR A POOL AND SPA,BOTH PERMITS EXPIRED,CERTIFICATE OF COMPLETION WAS NOT ISSUED. FOLIO NO: 38167800005 VIOLATION ADDRESS: 5770 COPPER LEAF LANE NAPLES,FL 34116 2. CASE NO: CESD20120015319 OWNER: SOUTHWEST FLORIDA RENTALS,LLC. OFFICER: INVESTIGATOR CRISTINA PEREZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)PERMIT NUMBER 20120203549 FOR INTERIOR REMODELING UNIT B EXPIRED WITHOUT COLLIER COUNTY PERMIT.ALSO INTERIOR REMODELING OF UNIT A BEING CONDUCTED WITHOUT FIRST APPLYING FOR COLLIER COUNTY BUILDING PERMIT FOLIO NO: 48783840002 VIOLATION ADDRESS: 8085 BAYSHORE DR.NAPLES, FL 34112 3. CASE NO: CESD20130008411 OWNER: CHARLES H FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)DETACHED GARAGE WITH PARTIAL COMPLETION HAS CANCELLED PERMIT FOLIO NO: 37641240001 VIOLATION ADDRESS: 2860 8TH ST.NW NAPLES, FL 34120 4. CASE NO: CESD20120017874 OWNER: DELIA T. KETROW OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)UNPERMITTED IMPROVEMENTS INCLUDING A DECK AND BOTTOM PILINGS ENCLOSED INTO LIVING SPACE WITH ELECTRIC FOLIO NO: 1211080009 VIOLATION ADDRESS: 2 PLANTATION DR.EVERGLADES CITY,FL 34139 5. CASE NO: CESD20130000096 OWNER: CARLOS PEREZ OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ENCLOSING A CARPORT WITHOUT FIRST OBTAINING PROPER COLLIER COUNTY PERMITS FOLIO NO: 36123400001 VIOLATION ADDRESS: 1919 49TH TERRACE SW NAPLES,FL 34116 6. CASE NO: CESD20120018551 OWNER: KIRKWOOD HOLDINGS,LLC. OFFICER: INVESTIGATOR CRISTINA PEREZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)BATHROOM WITH TOILET, SINK AND ELECTRIC INSTALLED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT FOLIO NO: 61580920005 VIOLATION ADDRESS: 2190 KIRKWOOD AVE UNIT 2 NAPLES,FL 34112 7. CASE NO: CESD20130005435 OWNER: PNC BANK NA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(e)(i)GARAGE CONVERSION DOES NOT HAVE A PERMIT FOLIO NO: 37751040007 VIOLATION ADDRESS: 1861 8TH ST.NE NAPLES,FL 34120 8. CASE NO: CELU20130000249 OWNER: KEVIN THOMAS OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 1.04.01(A)AND 2.02.03 RECREATIONAL VEHICLE ON PROPERTY WITH UTILITY HOOK-UPS FOLIO NO: 00402160001 VIOLATION ADDRESS: 1805 HERITAGE TRAIL NAPLES,FL 34112 9. CASE NO: CESD20130003648 OWNER: JOSE EMILIO MORALES OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND I0.02.06(B)(1)(e)(i)UNPERMITTED ELECTRIC,PLUMBING, AND ALTERATIONS THROUGHOUT MAIN STRUCTURE.UNPERMITTED SHED WITH UNPERMITTED ELECTRIC AND PLUMBING FOLIO NO: 40183520001 VIOLATION ADDRESS: 3745 RANDALL BLVD.NAPLES, FL 34120 10. CASE NO: CELU20120002563 OWNER: JAMES L SUTTLES OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 2.02.03 2 MOBILE HOMES HOOKED UP BEHIND BUILDINGS NO PERMITS ON RECORD. PROPERTY IS ZONED INDUSTRIAL FOLIO NO: 63865200008 VIOLATION ADDRESS: 1009 ALACHUA STREET IMMOKALEE,FL 34142 11. CASE NO: CEPM20130010862 OWNER: BRANDON S. &JOYCE BOWEN OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTIONS 22-231(1)&22-231(2)APPROVED WATER SOURCE HAS BEEN DISCONNECTED TO THIS PROPERTY FOLIO NO: 26087920006 VIOLATION ADDRESS: 274 SMALLWOOD DR. CHOKOLOSKEE,FL 34158 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20120009629 OWNER: JON P MAHONEY&ROBIN K WELLMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, SECTION 22-231(1)NO PERMITS OBTAINED FOR SEPTIC DRAINAGE SYSTEM BUILT AND CONNECTED TO A DAMAGED SEPTIC SYSTEM THAT IS NOT APPROVED BY COLLIER COUNTY OR THE COLLIER COUNTY PUBLIC HEALTH DEPARTMENT FOLIO NO: 37448000004 VIOLATION ADDRESS: 1467 16TH ST.NE NAPLES,FL 34120 2. CASE NO: CESD20120010751 OWNER: ANDRES GUTIERREZ III &ELIZABETH M. PINEDA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)STRUCTURE CONSTRUCTED TO THE REAR OF THE PROPERTY AND CONVERTED INTO LIVING SPACE AND ROOF OVER PORCH ATTACHED TO THE BACK OF THE MAIN PROPERTY WITHOUT FIRST ACQUIRING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 51240120003 VIOLATION ADDRESS: 605 GLADIOLA ST. IMMOKALEE, FL 34142 3. CASE NO: CESD20130000332 OWNER: JASON T. BRICK OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)UNPERMITTED ALTERATIONS MADE TO THE GARAGE FOLIO NO: 77412120006 VIOLATION ADDRESS: 1336 TRAIL TERRACE NAPLES,FL 34103 4. CASE NO: CESD20120015628 OWNER: FABRICIO FERNANDEZ&ALLISON J. FERNANDEZ OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)UNPERMITTED SHED/CABANA-TYPE STRUCTURE IN THE BACKYARD AT THIS LOCATION FOLIO NO: 36457240005 VIOLATION ADDRESS: 5472 32ND AVE SW NAPLES,FL 34116 5. CASE NO: CESD20120003571 OWNER: PROPERTIES OF S&0,INC. OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A SMALL CONCRETE PAD POURED AND A BRAND NEW WATER HEATER INSTALLED AND PLACED ON PAD WITH NEW PVC PIPING LEADING FROM IT AND INTO THE OUTSIDE ELECTRICAL BOX. A NEW HAND SINK INSTALLED WITH NEW PVC PLUMBING PIPING.A SCREEN ENCLOSURE WITH A METAL ROOF BUILT TO ENCLOSE SINK AND ICE MACHINE. A FENCE BUILT AROUND THE OUTSIDE ICE MACHINE AND ENCLOSURE. ALL IMPROVEMENTS DONE WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 25580760007 VIOLATION ADDRESS: 106 S. 3'D ST. IMMOKALEE,FL 34142 6. CASE NO: CESD20120000069 OWNER: HENRY ROUZIER&JESSICA E. LOPEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A MOBILE HOME INSTALLED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANY AS REQUIRED BY THE CODE. FOLIO NO: 54680007 VIOLATION ADDRESS: 4807 MYERS RD. IMMOKALEE,FL 34142 7. CASE NO: CESD20120018399 OWNER: JAMES RAMOS OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)SINGLE FAMILY DWELLING CONVERTED TO A MULTI-FAMILY DWELLING WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 4797440003 VIOLATION ADDRESS: 3620 14TH ST.N.NAPLES, FL 34103 8. CASE NO: 2007090878 OWNER: JON R& DENISE T C BRIMMER 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)AND 10.02.06(B)(1)(e)(i)AND FLORIDA BUILDING CODE,2004 EDITION, SECTION 105.1 DETACHED GARAGE BUILT IN REAR YARD WITHOUT FIRST OBTAINING COLLIER COUNTY PERMITS FOLIO NO: 37110760009 VIOLATION ADDRESS: 561 7TH ST.NW NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 7. NEW BUSINESS 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- September 26,2013 12. ADJOURN August 22, 2013 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement meeting to order. Notice: That 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 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. And now I'd like to ask everybody to stand for the Pledge of Allegiance led by our veteran, James. (Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Thank you. And why don't we get a 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: Present. MS. CRAWLEY: Mr. Chris Hudson? MR. HUDSON: Present. MS. CRAWLEY: Mr. Larry Mieszcak? MR. MIESZCAK: Here. MS. CRAWLEY: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Present. Page 2 August 22, 2013 MS. CRAWLEY: And Mr. Tony Marino has an excused absence. CHAIRMAN KAUFMAN: Okay. And Chris, you'll be a full voting member today. And do we have any changes to the agenda? MS. CRAWLEY: We do. Under five, public hearings/motions. A, motions: Motion for continuance is number 10 from hearings, Case CELU20120002563, James L. Suttles. Motion for extension of time: We have one addition, which is from imposition of fines number two. Case CESD20120010751, Andres Gutierrez, III and Elizabeth M. Pineda. B, stipulations: We have one addition, which is number two from hearings, Case CESD20120015319, Southwest Florida Rentals, LLC. Under C, hearings: Number one, Case CESD20120007532, Michael and Raymara Schmidt, has been withdrawn. Number six, Case CESD20120018551, Kirkwood Holdings, LLC, has been withdrawn. Number eight, Case CELU2013000249, Kevin Thomas, has been withdrawn. Number nine, Case CESD20130003648, Jose Emilio Morales, has been withdrawn. Number 11, Case CEPM20130010862, Brandon S. and Joyce Bowen, has been withdrawn. We have an emergency case, which is number three, case -- I'm sorry, which is number 12, Case CEPM20130011083, Juan Hernandez and Adriana Garcia. Under six, old business; A, motions for imposition of fines/liens: Number four, Case CESD20120015628, Febricio Fernandez and Allison J. Fernandez, has been withdrawn. Number seven, Case CESD20120018399, James Ramos, has been withdrawn. Page 3 August 22, 2013 Those are all the changes. CHAIRMAN KAUFMAN: Thank you. Can I get a motion from the board to approve the agenda with the changes that have been made? MR. MIESZCAK: Motion to approve the agenda as read. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, and approval of the minutes. Anybody have any comments on the minutes from the last meeting? MR. MIESZCAK: I'll make a motion to approve the minutes. CHAIRMAN KAUFMAN: We have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, that brings us to motion for continuance. Page 4 August 22, 2013 MS. CRAWLEY: Case CELU20120002563, James L. Suttles. MR. LEFEBVRE: That's a letter that's been submitted. And based on the letter, I make a motion to -- (Investigator Walker was duly sworn.) INVESTIGATOR WALKER: Good morning. For the record, Weldon Walker, Jr., Code Enforcement Investigator, Immokalee. CHAIRMAN KAUFMAN: Okay, Weldon, do you have any comments on the request that we have? INVESTIGATOR WALKER: None whatsoever. I talked to Mr. Suttles. He has -- he actually isn't in town, he's out of town, and he has previously arranged the commitments and requested that he would be allowed to again move his hearing up because he could not change his appointments. And I really don't have any problem with that. He was pretty straightforward and sincere and made sure I got that information, so -- CHAIRMAN KAUFMAN: So probably -- he said two weeks, but if we moved it to the next meeting, that probably will -- INVESTIGATOR WALKER: That would suffice. CHAIRMAN KAUFMAN: That would suffice. Okay. Gerald, you said you might have a motion here? MR. LEFEBVRE: Well, I guess one other question. Are these mobile homes occupied? INVESTIGATOR WALKER: No, not at all. Actually there -- one is already demoed. There's one remaining. That one remaining has no electric and no one's actually doing anything with that. MR. LEFEBVRE: Has he mentioned if his intentions were to demo them? INVESTIGATOR WALKER: His intentions was to demo that structure. Originally he was going to try to get it permitted, but due to the nature and the extent of which steps he would have to go through to get that done, he says he's not financially in a position to do that. It would be more feasible for him to probably demolish it. Page 5 August 22, 2013 MR. LEFEBVRE: So if we continue this case I guess until next month, it might just go away. INVESTIGATOR WALKER: Technically, yes. MR. LEFEBVRE: I make a motion that we hear this case next month. MR. MIESZCAK: September 26th? MR. LEFEBVRE: Yes. MR. MIESZCAK: Okay. MR. L'ESPERANCE: I'll second the motion for continuance. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you, well done. INVESTIGATOR WALKER: Thank you, gentlemen. MS. CRAWLEY: Motion for extension of time, Case CESD20120010751, Andres Gutierrez, III and Elizabeth M. Pineda. (Investigator Walker was duly sworn.) INVESTIGATOR WALKER: For the record, Weldon Walker, Jr., Code Enforcement Investigator in Immokalee. CHAIRMAN KAUFMAN: All righty. I noticed on the imposition of fines here that they are not in compliance and they have not paid the operational costs, just as a matter of record. INVESTIGATOR WALKER: Yes. Page 6 August 22, 2013 And what I would like to comment on with regards to that, that was actually a bank owned property that they had actually finally taken possession of The contractor notified me as of two and a half weeks ago, indicating that he had already got with the bank, made a bid and was in the process of securing the permit to make the violation go away. So in all intents and purposes, he requested the additional time because it would take him roughly about a week and a half to two weeks to take that structure that is there off. And the one -- the back of the house, which is a roof-over off as well. He's pretty straightforward and sincere about what he's trying to accomplish for them. And at this rate I felt like it was pretty reasonable in what he was trying to get accomplished at that point. CHAIRMAN KAUFMAN: So you have no problem in handling this the same way we just handled the last one, by putting it to the next meeting? He asked for three weeks. INVESTIGATOR WALKER: Exactly. That would be exactly fine, that's not a problem. CHAIRMAN KAUFMAN: Okay, Gerald, since you're familiar on the motion you just made, you want to make it again? MR. LEFEBVRE: Yes. Make a motion that we hear this case next month. MR. L'ESPERANCE: And I will second the motion. CHAIRMAN KAUFMAN: We have a motion and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. Page 7 August 22, 2013 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. INVESTIGATOR WALKER: Thank you, gentlemen. MS. CRAWLEY: Under B, stipulations, we have two additions. The second is number five from hearings, Case CESD20130000096, Carlos Perez, and the third is number four from hearings, Case CESD20120017874, Delia T. Ketrow. CHAIRMAN KAUFMAN: Okay, we need a motion to amend the agenda. MR. LEFEBVRE: Make a motion to amend the agenda. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Agenda is modified to include those two additional stipulations. MS. CRAWLEY: First stipulation is Case CESD20120015319, Southwest Florida Rentals, LLC. (Supervisor Perez was duly sworn.) SUPERVISOR PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CESD20120015319. It was agreed between the parties to pay the operational cost in the amount of$80.29 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by obtaining all required Page 8 August 22, 2013 Collier County building permits or demolition permit, inspections and certificate of completion and occupancy within 180 days of this hearing or a fine of$250 per day will be imposed until the violation is abated. 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. My questions revolve around safety and health. Was there electrical or plumbing work done on this particular property that might possibly create a safety and health issue? SUPERVISOR PEREZ: There was some renovation work, which is what the permit is for. But the units have been vacant for quite some time. And I did express to the property owner that the time frame would be allocated as long as they remained vacant so they can get the inspections and the permit. The permit has been issued. He had some issues with the contractor not calling in the inspections as the work was being performed and they had requested extensions on the permits, you know, prior to expiration date. So the permit had been going on for quite some time without any inspections. And when I spoke to the property owner, he was unaware that those inspections were not being called in. So he's aware now. I gave him the time frames when the permit was going to expire, what inspections are left and he agreed to pursue it with the contractor to make sure everything gets done. CHAIRMAN KAUFMAN: This isn't a case that we'd have to Page 9 August 22, 2013 have the circuit breaker for the electric turned off for the whole unit? SUPERVISOR PEREZ: No, it was more interior alterations that were done for -- there was some plumbing work and then the -- you know, structural-wise there was some work done in there. But the electrical, there is no issue with that. CHAIRMAN KAUFMAN: Okay, any comments from the board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion? MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the recommendation -- or the stipulation as written. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. SUPERVISOR PEREZ: Thank you, board members. MS. CRAWLEY: CESD20130000096, Carlos Perez. (Investigator Mucha was duly sworn.) CHAIRMAN KAUFMAN: Good morning, Joe. INVESTIGATOR MUCHA: Good morning. CHAIRMAN KAUFMAN: For the record? INVESTIGATOR MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. I met with Mr. Carlos Perez this morning. He agrees he's in Page 10 August 22, 2013 violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), described as enclosing a carport without first obtaining proper Collier County permits. He agrees to pay operational costs in the amount of$80.57 within 30 days and obtain -- to obtain all required Collier County building permits or demolition permits, inspections and certificate of completion/occupancy within 180 days of this hearing or a fine of $250 per day will be imposed until the violation is abated. The respondent must notify the 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 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 order, and all costs of abatement shall be assessed to the property owner. And just to let you guys know, there is a permit that's in ready to issue status. It's been approved by the county. The thing is right now, it's $3,300 for the guy to pick up the permit and he doesn't have that. So he's asking for a little time. That's why the 180 days -- we agreed on the 180 days. CHAIRMAN KAUFMAN: Okay, any comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board. MR. HUDSON: Motion to approve the stipulation. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to approve the stipulation as written. Any comments? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 11 August 22, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. CRAWLEY: Case CESD20120017874, Delia T. Ketrow. (Delia Ketrow, Keith Davis and Investigator Walker were duly sworn.) CHAIRMAN KAUFMAN: Could the respondents identify themselves on the mic for the record? MR. KETIS: My name is Delia Ketrow and I will have my -- Davis is going to be talking for me. MR. DAVIS: My name is Keith Davis and I'll be speaking on behalf of Delia Ketrow. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR WALKER: For the record, Weldon Walker, Jr., Collier County Code Investigator in Immokalee. CHAIRMAN KAUFMAN: Do you want to go through the stipulation first? INVESTIGATOR WALKER: Yes. Therefore, the agreed parties -- excuse me, therefore, it is agreed between the parties that the respondents shall pay operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building demolition permits, inspections and certificates of completion within 120 days of this hearing or a fine of $200 a day will be imposed if the violation is not abated. Respondents must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm completion. That the respondent -- that if Page 12 August 22, 2013 the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of Collier County Sheriffs to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have a question. This is basically a stilt house that was finished on the bottom? INVESTIGATOR WALKER: That's correct. Actually, it's a stilts house. There was actually -- it was identified as a deck that was off the back, but really they were actually using it to kind of cover the bottom of the back. And they also enclosed underneath a portion of it. Not the entire trail run stilts, but a portion of it. What they had to do was remove the deck, if you will, for a lack of better terms, and remove the bottom enclosed part. To date they've actually removed the back of the deck and all remains is that they finish with the enclosure. They actually had the permit, but they had some financial constraints which permitted them from not being able to get it done, and the actual permit expired. But we're working with them because they have intentions on actually getting it done. CHAIRMAN KAUFMAN: Okay. You've heard the stipulation that you agreed to. No problems? Do you think the 120 days, four months, is sufficient time to get everything done that you need to get done? MR. DAVIS: Yes, sir. My main concern is that she understands that -- I have a before and after picture here, if you'd like to take a look -- that she understands that this bottom portion either gets permitted or has to be removed so we can be in compliance with all this. CHAIRMAN KAUFMAN: Yeah, I don't think the picture will be necessary at this time, as long as -- the agreement you've seen -- INVESTIGATOR WALKER: Yes, we've seen the pictures and Page 13 August 22, 2013 we make sure we convey that to her. She'll be okay. MR. DAVIS: Thank you very much. CHAIRMAN KAUFMAN: Do we have a motion from the board? MR. HUDSON: Motion to approve the stipulation. CHAIRMAN KAUFMAN: We have a motion to approve the stipulation. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second by Mr. Lavinski. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Weldon. Thank you very much. MR. DAVIS: Thank you. MS. CRAWLEY: Under C, hearings, number three, Case CESD20130008411, Charles H. Freeman. (Investigator Davis was duly sworn.) CHAIRMAN KAUFMAN: For the record? INVESTIGATOR DAVIS: For the record, James Davis, Collier County Code Enforcement. This is in reference to case number CESD20130008411, dealing with the violation of an unfinished detached garage with a canceled permit located at 2860 Eighth Street Northwest, Naples, Florida, 34120. Folio No. 37641240001. Service was given on June 12th, 2013. I'd now like to present case evidence in the following exhibit: Page 14 August 22, 2013 One photo dated June 11th, 2013, taken by myself. CHAIRMAN KAUFMAN: We have a motion to accept the -- MR. LAVINSKI: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. And -- MR. HUDSON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LEFEBVRE: Does he have anymore? CHAIRMAN KAUFMAN: Carries unanimously. Is that the only exhibit you have? INVESTIGATOR DAVIS: Yes, sir. I visited the property regarding complaint of an unmaintained pool and noticed that there was an unfinished garage on the structure -- on the property. The property is vacant, and research shows that the permit had been canceled for the garage. But as you can see, the building still exists. Partially completed. And as of today, the violation still remains. CHAIRMAN KAUFMAN: Thank you. Was that C or is that a Horseshoe that -- INVESTIGATOR DAVIS: That's a C. CHAIRMAN KAUFMAN: That is a C. So is this -- is that the identification on this unit? INVESTIGATOR DAVIS: As far as? CHAIRMAN KAUFMAN: Or it's just part of the PID. Page 15 August 22, 2013 INVESTIGATOR DAVIS: Yeah, they just put that on there. CHAIRMAN KAUFMAN: Okay. Have you been in contact with the owner? INVESTIGATOR DAVIS: No, sir, we got no response from them. It's in foreclosure. CHAIRMAN KAUFMAN: Is it occupied? INVESTIGATOR DAVIS: It's not occupied. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. HUDSON: Motion to find a violation. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion to find the property in violation and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, it is a violation. Do you have a recommendation for us? INVESTIGATOR DAVIS: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$81 .43 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building or demolition permits, inspections and certificates of completion/occupancy within blank days of this hearing, or a fine of blank dollars a day will be imposed for each day that any violations continue. Number two: The respondent must notify the code enforcement Page 16 August 22, 2013 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 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 order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Very good. Has this been turned over to the foreclosure team? INVESTIGATOR DAVIS: Yes, sir, it has. CHAIRMAN KAUFMAN: And has the bank responded? INVESTIGATOR DAVIS: Not as of today. The bank is Citibank, but we've had no response from the bank. CHAIRMAN KAUFMAN: So this is our -- so they're sitting on this right now. They can't do anything because it's not their property. INVESTIGATOR DAVIS: That's right. They have no certificate of title. CHAIRMAN KAUFMAN: Okay. So this is our opportunity to motivate the bank to take care of business. INVESTIGATOR DAVIS: Yes, sir. CHAIRMAN KAUFMAN: Would anybody like to take a stab at modifying the suggestion from the county? MR. LEFEBVRE: I'll fill in the blanks. Ninety days and a $200 a day fine. CHAIRMAN KAUFMAN: Okay. So $81.43 is the cost, 90 days and $200 a day thereafter. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Any comments on that? MR. MIESZCAK: Do you think 90 days is too long? MR. LEFEBVRE: Well, give a little bit of time for the bank to be noticed and then try to -- MR. MIESZCAK: I know we always try to shore it up so the Page 17 August 22, 2013 bank gets on the stick. MR. LEFEBVRE: What's the time frame we're using? MR. MIESZCAK: You know, like 60 days or something less. MR. LEFEBVRE: I'll agree to 60 days if you want to second. CHAIRMAN KAUFMAN: Okay, who's the second on this? MR. MIESZCAK: I'll amend the motion to 60 days. CHAIRMAN KAUFMAN: Okay, we have a motion -- MR. LAVINSKI: I'll second. CHAIRMAN KAUFMAN: -- and a second. MR. LEFEBVRE: I had a motion. CHAIRMAN KAUFMAN: Yeah, it's Gerald's motion and your second, right? MR. MIESZCAK: Yes, sir. CHAIRMAN KAUFMAN: Okay. James, you lose. Any comment on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks a lot. MS. CRAWLEY: Number seven, Case CESD20130005435, PNC Bank, NA. (Investigator Davis was duly sworn.) INVESTIGATOR DAVIS: For the record, James Davis, Collier County Code Enforcement. This is in reference to Case No. CESD20130005435 dealing with Page 18 August 22, 2013 a violation of an unpermitted garage conversion located at 1861 Eighth Street Northeast, Naples, Florida, 34120. Folio No. 37751040007. Service was given on April 17th, 2013. I'd now like to present case evidence in the following Exhibit: Four photos dated April 16th, 2013, taken by myself. MR. MIESZCAK: Motion to accept the photos. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Looks like a garage. MR. L'ESPERANCE: Is this house vacant? INVESTIGATOR DAVIS: It is vacant. It is now owned by the bank. It was a foreclosure at the time. CHAIRMAN KAUFMAN: And the bank has -- could you go back to the previous picture? MR. L'ESPERANCE: Vacant and no tenants, correct? INVESTIGATOR DAVIS: That's correct. CHAIRMAN KAUFMAN: That's a picture of the interior of the garage? INVESTIGATOR DAVIS: Right, taken from probably the next picture, which is the door to the garage. CHAIRMAN KAUFMAN: Probably hard to get a car through in there through that door. Page 19 August 22, 2013 INVESTIGATOR DAVIS: And then there's one more picture showing a pipe leading into the garage where they ran their electric. CHAIRMAN KAUFMAN: So they have electric and plumbing? INVESTIGATOR DAVIS: Yes, sir, they do. Well, let me take that back. I know electric. I can't verify plumbing because I haven't been inside. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: When was your site visit again? INVESTIGATOR DAVIS: Service was given April 17th. This was a case where there was two issues. Originally there were hazardous materials stored on the rear of the property and we were working with the bank and the bank actually abated that once it got certificate of title. So this is the second violation that was noted at the same time. So we continued to work with the bank up to a point where they abated the hazardous materials removal. And now all we have left is for the bank to respond to the permitting of the conversion of the garage. CHAIRMAN KAUFMAN: This was in the foreclosure team until the bank took possession? INVESTIGATOR DAVIS: Correct, sir. The foreclosure team worked closely with the bank and they were able to get the hazardous materials removed. CHAIRMAN KAUFMAN: What's their intention? Do you know what their intention is? INVESTIGATOR DAVIS: They haven't responded for the unpermitted garage. CHAIRMAN KAUFMAN: Okay, but they are aware that -- INVESTIGATOR DAVIS: They are aware that there is a violation. CHAIRMAN KAUFMAN: Okay. Do you have a -- well, is this a violation? Do we have a motion from the board? Page 20 August 22, 2013 MR. HUDSON: Motion to find a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So a violation exists. And do you have a recommendation for us? INVESTIGATOR DAVIS: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$81.15 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections and certificates of completion/occupancy within blank days of this hearing or a fine of blank dollars a day will be imposed until the violation is abated. Number two: The respondent must notify a code enforcement investigator when the violation has been abated in order to conduct the final inspection to a confirm abatement. 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 order. And all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay, my major concern on a case like this is that the property is not sold to some individual who now inherits this without knowing it. Not everybody does the code Page 21 August 22, 2013 inspection that we request. But anybody from the board like to take a shot at this one? MR. LEFEBVRE: Well, this is very similar to the last one except for that the bank has title to the property. So I think I'll go with the same terms as last time: Pay the operational costs within 30 days; 60 days to correct the problem, or a $200 fine. MR. MIESZCAK: What was the fine? CHAIRMAN KAUFMAN: $200. MR. MIESZCAK: I'll second the motion. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Okay, it probably would take more than 60 days to abate everything. But I think if the bank receives this notification they will be in touch and hopefully we can get this resolved. And if we need to change the time frame going forward, that's also a possibility. INVESTIGATOR DAVIS: The bank has worked with us very closely, so I think this order will help get the ball rolling on this. CHAIRMAN KAUFMAN: A motivation tool. Okay, all those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. CRAWLEY: Number 12, Case CEPM20130011083, Juan Hernandez and Adriana Garcia. (Investigator Ambach was duly sworn.) Page 22 August 22, 2013 CHAIRMAN KAUFMAN: This was the emergency case. MR. MIESZCAK: Right. INVESTIGATOR AMBACH: Good morning. CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR AMBACH: For the record, Investigator Chris Ambach, Collier County Code Enforcement. This is in reference to Case No. CEPM20130011083, dealing with violation of a vacant unsecured home with a large hole in the wall located at 1521 Golden Gate Boulevard, Naples, Florida, 34120. Folio No. 37060160005. Service was given on August 8th, 2013. I would now like to present case evidence in the following exhibits: Two photographs taken on August 7th, one photograph taken on August 19th, and one photograph taken on August 21st, all photographs taken by myself. MR. MIESZCAK: Motion to accept the photographs. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR AMBACH: On August 7th, 2013, I observed a vacant home missing both the front rear doors and a large hole present on the side wall of the home where an AC unit had been removed. I contacted the Sheriffs Department in the area which checked Page 23 August 22, 2013 for possible squatter activity. After an unfound -- the property and courthouse were posted with a legal notice and order to correct due to health and safety and no response from the property owner, this case was immediately prepared for an emergency hearing. As of August 21st, 2013, the violation remains. CHAIRMAN KAUFMAN: So this appears, well, that the home was -- you have no idea where the owner is? INVESTIGATOR AMBACH: I do know where the owner is. I have an extensive history with the owner, going all the way back to 2007. He lives in the Tampa area. Last conversation I had with him was a year ago on a separate case, and that conversation did not go well; he hung up the phone on me and he's refused to return any phone calls. The issue I'm having right now is the property is being used as a dumping ground. The weeds are about five, six feet tall around the house. I have separate cases going for those that we're going -- the county is going to abate that violation. So I'm working that in tandem with this case. The issue here is there's a -- what you're looking at, the door there goes into an unpermitted garage. CEB case accruing fines from 2007. That's open. The door is there, but it's broken off the hinge. If you could just go through the pictures really quick there, Colleen. I'll show you the other door, if we could get to the other door. Now, that's the front doorway into the house. It's been torn off and it's missing. And it's kind of difficult in that picture to see, but if you look all the way through to the sliders in the back, someone's thrown a cinderblock through that and the glass is shattered all over the floor. So we have a thruway from front to back in the house and then we have the large hole in the side of the garage where the AC unit's been Page 24 August 22, 2013 taken out. CHAIRMAN KAUFMAN: Is there any evidence that kids have been hanging out there, or -- INVESTIGATOR AMBACH: Not kids, per se. However, again, I notice when I went out yesterday, someone's backed a truck up into the driveway and dumped all their garbage all over the -- you know, high profile area right on Golden Gate Boulevard. Getting complaints on this on a daily basis, trying to stave off all the folks and explain that I'm doing the best I can to get it cleaned up. But it's a mess and it has been for several years. CHAIRMAN KAUFMAN: Okay, do we have a motion from the board that a violation exists? MR. HUDSON: Motion that a violation exists. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us? INVESTIGATOR AMBACH: I do, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of-- and I'm sorry, I don't have that amount with me. MR. L'ESPERANCE: 81.72. INVESTIGATOR AMBACH: 81.72, thank you. Page 25 August 22, 2013 MR. MIESZCAK: It's on there. INVESTIGATOR AMBACH: Incurred in the prosecution of this case within 30 days and abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy to restore the structure to a permitted condition, consistent with the Collier County Property Maintenance Code, within blank days of the boarding certificate issuance or a fine of blank dollars per day will be imposed for each day the violation remains. Number two: Or obtain a Collier County boarding certificate and board the structure to required specifications within blank days of this hearing or a fine of blank dollars per day will be imposed for each day the violation remains. Number three: The respondent must notify the 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 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 order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay, just for my edification, the -- we're going to board the -- your suggestion is to board the facility so nobody has access to get into it, number one. And then we go from there. INVESTIGATOR AMBACH: Correct. CHAIRMAN KAUFMAN: Now, the boarding would take place immediately? INVESTIGATOR AMBACH: Yeah, I would hope so. CHAIRMAN KAUFMAN: Okay. We need to have separate dates on that? INVESTIGATOR AMBACH: Yes. MR. LEFEBVRE: Let me ask you about the boarding. Is it just Page 26 August 22, 2013 the openings or would it be boarding up existing windows too? INVESTIGATOR AMBACH: Just the openings. MR. LEFEBVRE: Just the openings. INVESTIGATOR AMBACH: Yeah, whatever -- MR. LEFEBVRE: Let me ask you another -- let's say a window into the living room gets busted. Would you have to come in front of us again? INVESTIGATOR AMBACH: That's a good question. CHAIRMAN KAUFMAN: I would say MR. MIESZCAK: Any opening. CHAIRMAN KAUFMAN: Any opening. INVESTIGATOR AMBACH: Yeah, I think probably we're safer if we put in that, any opening. CHAIRMAN KAUFMAN: Okay. So you would be able to modify this. Any opening today or in the future. INVESTIGATOR AMBACH: I like that. MR. MIESZCAK: One other question. What about like a dump truck like you said was backing up and dumping things in there. Is there a fence or something they could put up? I've seen it where it's makeshift, but -- INVESTIGATOR AMBACH: Yeah. CHAIRMAN KAUFMAN: I would assume that the Sheriff is keeping an eye on anybody dumping anything there? INVESTIGATOR AMBACH: I'm working with the cops division right now, and it's on their radar on the watch list. The problem with that, we have two accesses to that property. We have a driveway that comes off of Golden Gate Boulevard and we have one that comes off of 15th; it's a half moon shape circular drive. Then we also have, they can go right over the swale and -- MR. MIESZCAK: Wow. MR. LEFEBVRE: I think with mowing the lawn and everything, like you said, I think that would make it look -- Page 27 August 22, 2013 INVESTIGATOR AMBACH: Exactly. MR. LEFEBVRE: -- more presentable and less of an eyesore and people taking advantage of dumping stuff. INVESTIGATOR AMBACH: Correct. MR. LEFEBVRE: If those items are cleaned up -- INVESTIGATOR AMBACH: Yes, that's my big rush right now is to take care of the weeds and litter and say hold on, we have somebody here that's looking at the property, so they'll back off. MR. LEFEBVRE: Is it in foreclosure? INVESTIGATOR AMBACH: It is. Lis pendens filed August, 12th of 2012. CHAIRMAN KAUFMAN: And the foreclosure team has this? INVESTIGATOR AMBACH: Foreclosure team does not have this. It happened so quick I just -- I set it up for emergency hearing. CHAIRMAN KAUFMAN: Okay, you're going to send it over to them? INVESTIGATOR AMBACH: It will go to them, correct. MR. LEFEBVRE: And the bank will then be notified so maybe they can be more proactive -- INVESTIGATOR AMBACH: Correct. MR. LEFEBVRE: -- in trying to -- CHAIRMAN KAUFMAN: The bank's not going to do anything until they have possession of the -- MR. LEFEBVRE: Well, they can clean up the -- keep the grass maintained and clean up the --just like the previous case where they went back and took care of the hazardous materials, they can take care of the exterior -- INVESTIGATOR AMBACH: Right. MR. LEFEBVRE: -- and maybe it will become less of an eyesore and less on people's radar at that point that want to dump stuff. CHAIRMAN KAUFMAN: I'd suggest to the board that we keep Page 28 August 22, 2013 the amount of time that we're going to provide to a minimum and the fine be high so that that will also act as a motivation to either the gentleman in Tampa or the bank that has the property to know that this fine will be accruing. MR. LEFEBVRE: The maximum fine is 500 the first time? CHAIRMAN KAUFMAN: We can go 1,000 but that might be -- MR. LEFEBVRE: We can do 1,000 a day or $500 a day? CHAIRMAN KAUFMAN: We can do 1,000, according to our rules. Am I correct on that, Jeff? MS. RAWSON: I thought it had to be a recurring. MR. WRIGHT: Yeah, I think it's -- MS. RAWSON: Repeat or recurring for 1,000, I think. CHAIRMAN KAUFMAN: Whatever. MR. L'ESPERANCE: So 500 would be the maximum. CHAIRMAN KAUFMAN: You said you had other issues on this property in the past? INVESTIGATOR AMBACH: I do. There are at least four or five recorded liens. Not for the same violation, unfortunately. MR. WRIGHT: Under Section 2-2030 of the Code of Laws, penalties before Enforcement Board, it says under subsection A: Upon finding of violation the enforcement board or special magistrate may order the violator to pay a fine which shall not exceed $1,000 per day per violation for each day the first violation continues past the date set for compliance. CHAIRMAN KAUFMAN: I know I read that. MR. WRIGHT: 1,000 bucks. MS. RAWSON: Wow. Isn't it nice that we have Mr. Wright with us? MR. WRIGHT: And then it goes up -- CHAIRMAN KAUFMAN: And Mr. Kaufman. MR. WRIGHT: Five. Page 29 August 22, 2013 CHAIRMAN KAUFMAN: 5,000 on repeats? MR. WRIGHT: Yes, sir. MR. MIESZCAK: I like that. CHAIRMAN KAUFMAN: Anybody want to take a stab at the resolution on this case? (No response.) CHAIRMAN KAUFMAN: For discussion purposes, I would like to see for boarding it 14 days at the most, or even a shorter period of time. MR. MIESZCAK: How about seven? CHAIRMAN KAUFMAN: Okay, seven days for boarding. And just for discussion with us, and then somebody will take a motion. And the fine, I bow to the board, $500 a day on the boarding? MR. MIESZCAK: Yeah, I'll do it. I recommend -- I make a motion that we do seven days, within seven days, and $500 fine per day. CHAIRMAN KAUFMAN: That's on the boarding. Now, the total violation we'll treat separately. MR. MIESZCAK: Do you want to vote on that motion? CHAIRMAN KAUFMAN: Why don't you make it all part of the same motion. MR. LEFEBVRE: It's two parts. MR. MIESZCAK: The second part you want -- CHAIRMAN KAUFMAN: The second part is to ameliorate all of the violation that's there. Permit -- MR. MIESZCAK: That's -- well, I would like the board input. I mean, you think 60 days or 90 days is reasonable, or -- MR. HUDSON: I would give them 30. MR. MIESZCAK: Obviously we're not wanting to be that reasonable. MR. HUDSON: Mr. Chairman, I would say 30. I mean, the code Page 30 August 22, 2013 enforcement officers that come before us, you know, they do a good job. MR. MIESZCAK: Oh, we don't doubt that. MR. HUDSON: And I'm saying in response to that, I think we only give them 30 days. If he's got to come back from Tampa, he's got to come back from Tampa. MR. MIESZCAK: I like the input, thank you. CHAIRMAN KAUFMAN: Okay. MR. MIESZCAK: So then also motion 30 days to abate all fines -- all violations. CHAIRMAN KAUFMAN: Thirty days and a fine of again $500? MR. MIESZCAK: $500. CHAIRMAN KAUFMAN: Okay. So that's part A and part B. First part is seven days boarded or $500 fine. And for the rest of the violation, 30 days with $500 a day, and the operational cost of$81.72 paid within 30 days. Is that clear? MR. MIESZCAK: Very clear. MR. LEFEBVRE: Second the motion. CHAIRMAN KAUFMAN: We have a second to the motion. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LEFEBVRE: If it isn't boarded up by the owner, how long do you think it will take for the county? INVESTIGATOR AMBACH: Oh, boy. Page 31 August 22, 2013 MR. LEFEBVRE: Or can you do that in conjunction? Can you get somebody out there to give an estimate and then on the eighth day have it boarded up by the county? INVESTIGATOR AMBACH: Yeah, as quick as I possibly can. Yeah, I'd have to get one of the county contractors out and they'd have to put in and submit a bid and -- MR. LEFEBVRE: Being that it is such a high profile spot, I just don't want to see someone in there that doesn't belong in there. And especially a kid in there -- INVESTIGATOR AMBACH: Exactly. MR. LEFEBVRE: -- you know, a couple kids running around there. It's just not a good situation. I see furniture in there, I see a lot of things that to the eye will invite somebody in to either look or trash it or whatever. INVESTIGATOR AMBACH: The one good thing about it is the front door is very difficult to see from the street because the weeds are so -- MR. LEFEBVRE: I saw that. INVESTIGATOR AMBACH: -- are so high. So I think by the time we work the weed case and the boarding case, it should just about be the same time where we're going to get both of those taken care of. MR. LEFEBVRE: Very good, thank you. INVESTIGATOR AMBACH: All right, thank you. MS. CRAWLEY: Number six, old business. A, motion for imposition of fines/liens. Number one, Case CESD20120009629, John P. Mahoney and Robin K. Wellman. (Investigator Bosa was duly sworn.) CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR BOSA: Good morning, gentlemen. For the record, Ralph Bosa, Collier County Code Enforcement. This has to do in reference to violations of Collier County Land Page 32 August 22, 2013 Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). And Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22.2.3.1(1). Location: 1467 16th Street Northeast, Naples, Florida, 34120. Folio number of 37448000004. Description of the violation: Is no permits obtained for septic drainage system built and connected to a damaged septic system that is not approved by Collier County or the Collier County Public Health Department. Past orders: On April 25th, 2013 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, OR 4917, Page 3003, for more information. The property is in compliance with the Code Enforcement Board orders as of August 8th, 2013. Fines and costs to date are described as the following: Order item number one and two, fines at the rate of$200 per day for the period between July 25th, 2013 to August 8th, 2013, 15 days, for the total of$3,000. Order Item number five, operational costs of$80.57 have been paid. Total amount to date: $3,000. The county recommends full abatement of fines as the violation is abated and operational costs have been paid. MR. LEFEBVRE: Make a motion to abate. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: Motion and a second to abate the fine. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 33 August 22, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. CRAWLEY: Number three, Case CESD20130000332, Jason T. Brick. (Susan Brick and Supervisor Snow were duly sworn.) SUPERVISOR SNOW: Before we begin, I'd like -- Mrs. Brick has some comments she would like to make to the board, please. MS. BRICK: I'm here -- I'm Jason's mother, actually. But he hired an engineering company to deal with this permit and he has been calling them and he found out that the engineer that was working on this project was a woman who left on maternity leave and left the papers on the desk, and so the engineering company said they would pick up the slack and take care of it. So it was out of his hands from the last time that, you know, this was brought up. And he's requesting 120 days to take care of it. But feels like he could get it done sooner, once the engineering company goes ahead and puts the paper through to the county. SUPERVISOR SNOW: If I can offer some clarity. If you'll recall, this had to do with a garage conversion, and it was basically a -- I'll call it a playroom, but it was a guys playroom for the home. It's not living space. You directed him to turn off the breaker and they've done that. I think what happened is is that an engineer was hired and the gentleman assumed the engineer was going to do -- he was either going to do permit by affidavit or go ahead and get done what he needed to get done with it. He assumed the engineer was following through in doing everything they could, and that didn't happen. They hired a new engineer. We didn't find that out until Page 34 August 22, 2013 yesterday. Once he got the notice of hearing I guess he investigated and found out the engineer hadn't done anything and here we are today. I have discussed operational cost with them and she has agreed to pay that today. They didn't know. I think they assumed the engineer was going to take care of that also, but that didn't happen either. CHAIRMAN KAUFMAN: Okay, that was my next question, Kitchell. So you're going to pay the operational cost of$80.29 before you leave? MS. BRICK: Yes. CHAIRMAN KAUFMAN: Okay. Because ordinarily if the operational costs are not paid, it's been the policy that that's enough to impose the fine. MS. BRICK: Right. No, I -- CHAIRMAN KAUFMAN: So how much time do you think it will take to resolve this? I know it's not you, it's the engineering company that's going to be doing the work. MS. BRICK: Don't know, you know. So I just thought I'd request as long as we could get 'til we find out what's going on, so I said 120 days. SUPERVISOR SNOW: The original request was for 90. I recommended 120 days to her to ask the board. I don't know how far the other engineering firm has gone or what's going to be transpiring. They may have to start from scratch again and do this. The investigator did not indicate a health and safety issue existed with this. It's not being utilized for living space, so we would be comfortable with any extension the board would like to give. MR. LEFEBVRE: When was the other engineering firm hired? MS. BRICK: I don't know that information. CHAIRMAN KAUFMAN: You have no problem, Kitchell, with the two-way conversation between the respondent and code Page 35 August 22, 2013 enforcement? SUPERVISOR SNOW: No, we really haven't had a whole lot of conversation. It was mainly between the engineering firm, and that lapsed I guess when maternity leave. We wondered why and we only make so many phone calls. We don't get any time (sic) back. Any extension the board or anything the board would like to do we're comfortable with. I just -- I think that they deserve an opportunity to see if they can come into compliance. MR. LEFEBVRE: I'm going to make a motion for 120-day extension now. I'm going to make that motion. And I'm going to be very clear about it, is that as an owner of a property, it's the responsibility of the owner to make sure things are taken care of. And I will not be inclined to give another 120 days. Because it is up to the owner to make sure that things are being done correctly and done in an efficient manner. So as long as the operational costs are paid today before you leave, you'll have 120 days. But just make sure that your husband and yourself, make sure that you follow up and it's taken care of. CHAIRMAN KAUFMAN: So you're making a motion for 120 days? MR. HUDSON: Second. MR. LEFEBVRE: From today. CHAIRMAN KAUFMAN: From today. And we have a second from Chris. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. Page 36 August 22, 2013 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, hopefully we won't see you back. MS. BRICK: No, I don't imagine so. Thank you. MS. CRAWLEY: Number five, Case CESD20120003571, properties of S & 0, Inc. (Mr. Naser Abueqab and Supervisor Perez were duly sworn.) CHAIRMAN KAUFMAN: State your name for the. MR. ABUEQAB: Naser Abueqab. CHAIRMAN KAUFMAN: Say that again? MR. ABUEQAB: Naser Abueqab. MR. LEFEBVRE: You need a spelling? CHAIRMAN KAUFMAN: I'm glad I didn't try to pronounce it myself. Okay, we have in front of us a motion really to impose the fine. And what say you about this case? MR. ABUEQAB: We are in the process of pulling permits for this job. They were requesting a site plan -- a whole site plan for an enclosure, 497 square feet. The county is requesting a site plan, survey. We already have an engineering firm that went out there and inspected the job. They approved it. They say it's built to the code. And we are in the process of getting a permit, the proper permit, to get it taken care of. CHAIRMAN KAUFMAN: Okay. The operational cost of $80.86, Cristine, were they will paid? SUPERVISOR PEREZ: No, they have not been paid. MR. ABUEQAB: I'll pay it today. I didn't know there was an operational cost. I will pay it today before I leave. CHAIRMAN KAUFMAN: Okay. And you have a -- you said you're applying for the permit or you have the permit? MR. ABUEQAB: Yes, sir. Yes, the permit's already -- I already Page 37 August 22, 2013 started the process. I already got an engineering firm that they went out there and inspected the job, made sure it's built to code and they gave us a report. But the county is requesting a site plan for the whole property just, you know, for that little enclosure that we did. CHAIRMAN KAUFMAN: And do you have any idea how long this is going to take to complete? MR. ABUEQAB: It shouldn't take more than 45 days. I think by the time they do the site work and -- I was hoping less, but I spoke to the surveyor today. They have it scheduled for surveying on Tuesday, this coming Tuesday, by the time they get it back to the engineer so they can do the site work. CHAIRMAN KAUFMAN: Cristine? SUPERVISOR PEREZ: Well, my only comment on the site plan and the time frame that he's requesting is that a site plan does take -- it could take up to 30 days for a review process once he submits that paperwork to the county. So that, you know, takes up most of his -- you know, if he's only requesting the 45-day extension. It is something on the exterior of the building, so it's not something that's open to the public as they enter or anything of that nature. It's work that was done outside. There's a sink and an ice machine, and it's screened in. So it's not something that's, you know, accessible to the public where it would put them in that danger. So I just think 45 days is too short. CHAIRMAN KAUFMAN: Sixty or 90 would be more appropriate? SUPERVISOR PEREZ: If you guys are willing to give him an extension, I think, yeah, maybe more of a 90-day would seem more reasonable. CHAIRMAN KAUFMAN: Any discussion from the board or motions? MR. LEFEBVRE: I make a motion to extend this from (sic) 90 Page 38 August 22, 2013 days from today with the operational cost of$80.86 being paid today before you leave. MR. ABUEQAB: Yes, sir. MR. LEFEBVRE: And again, I probably won't be inclined to push this off again to give you another extension. MR. ABUEQAB: Thank you. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion, we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Cristine. SUPERVISOR PEREZ: Thank you. MR. ABUEQAB: Thank you. MS. CRAWLEY: Number six, Case CESD20120000069, Henry Rouzier and Jessica E. Lopez. (Supervisor Perez was duly sworn.) SUPERVISOR PEREZ: For the record, Cristina Perez, Collier County Code Enforcement Supervisor. This is in reference to CEB Case No. CESD20120000069. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 4807 Myers Road, Immokalee, Florida, 34142. Folio Page 39 August 22, 2013 No. 54680007. Description: A mobile home installed without first obtaining the authorization of the required permits, inspection and certificate of occupancy, as required by the code. Past orders: On May 24, 2012, 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 OR 4806, Page 3387 for more information. An extension of time was granted on January 24, 2013. See the attached Order of the Board OR 4883, Page 3350, for more information. The property is not in compliance with the Code Enforcement Board orders as of August 22nd, 2013. The fines and costs to date are described as the following: Order item number one and two, fines at the rate of$250 per day for the period between July 24th, 2013 through August 22nd, 2013, 30 days, for a total of$7,500. Fines continue to accrue. Order Item number five, operational cost of$80.29 have been paid. Total amount to date is $7,500. CHAIRMAN KAUFMAN: Okay, so this was a case where -- and I look at the original case, we granted 180 days and it's still not in compliance. This is a mobile home that was installed, if you will, without a permit. SUPERVISOR PEREZ: Correct. CHAIRMAN KAUFMAN: And the mobile home is still there. SUPERVISOR PEREZ: Correct. CHAIRMAN KAUFMAN: The operational costs have been paid. Have you had any contact with the owner? SUPERVISOR PEREZ: There has been contact made with the Page 40 August 22, 2013 owner through the investigator. And unfortunately, in briefing, the mobile home was installed by her late husband. She wasn't aware that there wasn't a permit obtained for the mobile home. When the case came to light and we came to hearing, there was a mobile home installer that went to try to identify what the wind zone load the mobile home was, because that's part of the permitting process. And unfortunately there was some remodeling like cabinets and stuff like that was redone in the mobile home and that there's no way of identifying what year it was, what wind load it is. We can't even find a manufacturer or model number to try to call them to identify what type of mobile home this is. And without having that information, she can't go through a permitting process. So we'd have to try to get together with the building department and see if there's any other type of solution. She wasn't able to be here today. But without that kind of information she's kind of, you know, throwing her hands up that she doesn't know what to do. You know, what to do next. And then financially she's a -- you know, obviously a single mother now and a widow. She's in that bind. But without having that information or not even knowing what manufacturer built this thing, I also have no idea how to go about this. Maybe talking to the building chief inspector and see if they have any -- or the building officials if they have any ideas. CHAIRMAN KAUFMAN: Yeah, my concern here is it's occupied. SUPERVISOR PEREZ: Right. CHAIRMAN KAUFMAN: It hasn't been inspected. And I'll take the words that my partner over here uses all the time, how do we know it's safe, et cetera. SUPERVISOR PEREZ: Right. MR. L'ESPERANCE: That's a problem for us. SUPERVISOR PEREZ: Correct. Page 41 August 22, 2013 CHAIRMAN KAUFMAN: I'd like to get some more input from the board on -- MR. LEFEBVRE: Well, my input is that in May, 2012 we gave six months, which took them out 'til November. They came back to us in January, so literally two months after their time had expired and asked for another six months. I'm inclined not to extend it again. It just -- it's gone on too long. She has to make a decision what to do. And it sounds like the decision has been made for her. If she can't get it permitted she needs to go ahead and demolish it. She's probably getting rent and everything for the place and she's drawn it out for over a year now. SUPERVISOR PEREZ: She lives there. It's an owner occupied mobile home. That's the unfortunate part, yeah, that she lives there. MR. LAVINSKI: Motion to impose. MR. LEFEBVRE: It's a very difficult one, but I would have to second Mr. Lavinski's motion. CHAIRMAN KAUFMAN: Okay, we have a motion and a second. Discussion on the motion, I have one comment. I agree with you, Cristina, I think that we should do anything that we can to help her to resolve the situation. If you can talk to people in the building department. We'll impose it, probably, and then she can go before the board of commissioners once they figure out what can be done, if anything. SUPERVISOR PEREZ: Yeah, we'll keep trying to work with her. We'll make contact, let her know if your decision is to impose the fines, if that's been done, but that she still has the option to come into compliance and then, you know, seek the direction of the Board of County Commissioners to try to waive those finds. MR. LEFEBVRE: Were you able to look in GIS to see when this mobile home was -- SUPERVISOR PEREZ: It happened just recently. It was within the last few years that the mobile home was switched over. And I Page 42 August 22, 2013 believe there was a complaint from a neighbor that came in and that's how we ended up with the mobile home. MR. LEFEBVRE: And she can't find any documentation on the manufacturer? SUPERVISOR PEREZ: Nothing. I mean, to her, she just had no idea that a permit was not pulled. CHAIRMAN KAUFMAN: And they had a mobile home installer out there who couldn't figure it out either. SUPERVISOR PEREZ: Right. CHAIRMAN KAUFMAN: Maybe they need to get another mobile home installation company to take a look at it as well. In any case, we have a motion and a second to impose the fine. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. CRAWLEY: Number eight, Case 2007090878, John R. and Denise T. C. Brimmer. MR. HUDSON: Mr. Chairman, I have to recuse myself from this. CHAIRMAN KAUFMAN: Okay. From this case or from the meeting? MR. HUDSON: From the case. (Investigator Ambach was duly sworn.) CHAIRMAN KAUFMAN: Good morning, Chris. INVESTIGATOR AMBACH: Good morning. For the record, Chris Ambach, Collier County Code Enforcement. Page 43 August 22, 2013 This is in reference to CEB Case No. 2007090878. 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), and the Florida Building Code 2004 edition, Section 105.1 . Location: 561 Seventh Street Northwest, Naples Florida, 34120. Folio No. 37110760009. Description: Detached garage built in the rear yard without first obtaining Collier County permits. Past orders: On July 28th, 2011 the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4708, Page 1563, for more information. An extension of time was granted on January 19th, 2012. See the attached Order of the Board OR 4760, Page 656, for more information. An extension of time was granted on April 26th, 2012. See the attached order of the board, OR 4795, Page 86, for more information. An extension of time was granted on January 24th, 2013. See the attached Order of the Board OR 4883, Page 3356, for more information. The property is not in compliance with the Code Enforcement Board orders as of August 22nd, 2013. The fines and costs to date are described as the following: Order item number one and two, fines at a rate of$150 per day for the period between July 24th, 2013 and August 22nd, 2013, 30 days, for the total amount of$4,500. Fines continue to accrue. Order Item number five, operational costs of$80.86 have been paid. Total amount to date, $4,500. CHAIRMAN KAUFMAN: Has this been -- is this in Page 44 August 22, 2013 foreclosure? INVESTIGATOR AMBACH: No, sir. CHAIRMAN KAUFMAN: Have you had contact with the respondents on this? INVESTIGATOR AMBACH: No, sir. CHAIRMAN KAUFMAN: No. INVESTIGATOR AMBACH: I have not. CHAIRMAN KAUFMAN: I remember this case. I remember the last time this case came before us we gave them six months and nothing has been done since then? INVESTIGATOR AMBACH: That's correct. CHAIRMAN KAUFMAN: Anybody like to make a motion? MR. MIESZCAK: Can I ask a question? CHAIRMAN KAUFMAN: Sure. MR. MIESZCAK: When was the garage built? INVESTIGATOR AMBACH: Oh, boy. MR. MIESZCAK: See, the reason I ask that, isn't this the couple that bought the property -- INVESTIGATOR AMBACH: It is. MR. MIESZCAK: -- unbeknownst that the garage did not have a permit? INVESTIGATOR AMBACH: That's correct. MR. MIESZCAK: So it went with the land and they got stuck with it. And we were trying to help them. How do you help somebody in this case? CHAIRMAN KAUFMAN: Well, that's -- this is one of the cases where people need to do an inspection by code enforcement to see what's permitted and what's not permitted. They came before us in January, we gave them six months to resolve the issue. That's the best that we can do. And they haven't done anything. INVESTIGATOR AMBACH: Yeah, there's three extensions. CHAIRMAN KAUFMAN: Three extensions on this. I think Page 45 August 22, 2013 that -- MR. LEFEBVRE: Plus it was a stipulated agreement from the start, so -- INVESTIGATOR AMBACH: Now, I will say, she did -- they turned the electric off and I confirmed that. But that was last year. And I've not talked to her since. MR. MIESZCAK: It's just one of those unfortunate things we have to deal with, so I understand. MR. LAVINSKI: Motion to impose. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second to impose the fine. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Chris. INVESTIGATOR AMBACH: Thank you. CHAIRMAN KAUFMAN: Okay, that ends our hearings, our impositions and brings us to reports. Jeff? MR. WRIGHT: Good morning, Mr. Chairman, board members. I just have a few -- a quick report on statistics from the department. This report is through August 18th. Total abatement costs paid by lenders during the period of November, 2008 through August 18th is $3.28 million. During that same period of time 2,881 violations were abated by those lenders. During the period of July, 2009 through August 18th of 2013, the Page 46 August 22, 2013 Board of County Commissioners has waived over $13 million worth of code enforcement fines. Now for the current fiscal year, that's since October 1st of 2012, lenders have paid $303,000 in abatement costs. They have abated 256 violations. During that same period of time 5,176 code cases were opened, 3,943 educational patrols were done, 18,098 cases with property inspections performed, and the community meet and greets were 74 when you combine the meet and greet, cleanup and sweep events -- excuse me, 84 -- during the fiscal year. This fiscal year the Board of County Commissioners has waived over $4.5 million in Code Enforcement Board fines. The department has received 347 bankruptcy documents. And we have received 7,202 requests for lien searches. And finally, of that 7,202 lien searches, 373 resulted in open code cases being revealed to that person who requested the lien search. CHAIRMAN KAUFMAN: Excellent. MR. WRIGHT: That's all we have. CHAIRMAN KAUFMAN: So we're keeping the county clean. MR. WRIGHT: Yes, one step at a time. CHAIRMAN KAUFMAN: Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Next meeting date is September 26th. Having no additional business -- MR. MIESZCAK: Motion to adjourn. CHAIRMAN KAUFMAN: We have a motion to adjourn. We are now adjourned. Page 47 August 22, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:11 a.m. CODE ENFOR,9EMENT BOARD ROB - ' T A F AN, Ifie Chairman Transcript prepared on behalf of Gregory Court Reporting, Inc. by Cherie' R. Nottingham, CSR. Page 48