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CEB Minutes 05/23/2013 CODE ENFORCEMENT BOARD Minutes May 23 , 2013 May 23, 2013 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 23, 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 Lionel L'Esperance Tony Marino Larry Mieszcak Chris Hudson James Blake (Absent) Also Present: Diane Flagg, Code Enforcement Director Colleen Crawley, Code Enforcement Jean Rawson, CEB Attorney Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: May 23,2013 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. ROLL CALL Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak James Blake Chris Hudson,Alternate 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES A. April 25,2013 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Motion for Extension of Time 1. Wilkert& Fidelene Eugene CESD20120003854 2. James J. Beauchamp CENA20120010345 B. STIPULATIONS C. HEARINGS 1. CASE NO: CEOCC20120012976 OWNER: KEVIN P.&DARCEY BRINKOFF OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 5.02.03(A),(C),(J)OPERATING A BUSINESS WITHOUT A VALID BUSINESS TAX RECEIPT FOR THIS LOCATION,PEOPLE OTHER THAN OCCUPANTS OF THE DWELLING ARE OPERATING BUSINESS,VEHICLES AND EMPLOYEES TRAVELING TO AND FROM THE PROPERTY FOLIO NO: 38287200006 VIOLATION ADDRESS: 4891 PALMETTO WOODS DR.NAPLES,FL 34119 2. CASE NO: CES20120016702 OWNER: PACIFICA NAPLES,LLC. OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,CHAPTER 5 SUPPLEMENT STANDARDS,SECTION 5.06.11(A)(1)CHANGED NAME ON SIGN FROM HERITAGE APTS TO MER SOLEIL WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTION FOLIO NO: 35830040001 VIOLATION ADDRESS: 4250 HERITAGE CIRCLE NAPLES,FL 34116 3. 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 PANEL 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 PERMIT(S),INSPECTIONS,AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED FOLIO NO: 25580760007 VIOLATION ADDRESS: 106 SOUTH 3RD STREET IMMOKALEE, FL 34142 4. CASE NO: CEPM20120017532 OWNER: STEVE T&PENNY L CHRISTENSEN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236,22-228(1)AND 22-231(12)(c)THE COLLIER COUNTY CHIEF BUILDING OFFICIAL HAS DECLARED THE STRUCTURE TO BE A DANGEROUS BUILDING DUE TO THE 2ND FLOOR DECKING AND GUARDRAILS BEING DILAPIDATED.THE STAIRS ARE UNSAFE,OPEN ON ONE SIDE,NOT SECURELY FASTENED,AND MOVE WHILE BEING TRAVERSED. CHIEF BUILDING OFFICIAL ADVISES THAT THE 2ND FLOOR OF THE STRUCTURE IS UNSAFE FOR OCCUPANCY, AND SHALL NOT BE OCCUPIED UNTIL REPAIRED. SOFFIT IS ALSO IN NEED OF MAINTENANCE FOLIO NO: 24471240006 VIOLATION ADDRESS: 33 1ST ST. BONITA SPRINGS,FL 34134 5. CASE NO: CESD20130001216 OWNER: STEVE T& PENNY L CHRISTENSEN OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a), 10.02.06(B)(I)(e)& 10.02.06(B)(1)(e)(i)A TWO STORY SINGLE FAMILY STRUCTURE WHICH HAS BEEN ALTERED TO BECOME TWO SEPARATE LIVING AREAS,UPPER AND LOWER(DUPLEX)AND NO COLLIER COUNTY BUILDING PERMIT OBTAINED FOLIO NO: 24471240006 VIOLATION ADDRESS: 33 1ST ST. BONITA SPRINGS,FL 34134 6. CASE NO: CESD20120014566 OWNER: NOAH'S ARK CHURCH,INC. OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)ADDED STAGE WITH ELECTRICAL OUTLETS AND CHANGED OUT CEILING FANS WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTIONS FOLIO NO: 35931080009 VIOLATION ADDRESS: 11853 COLLIER BLVD.NAPLES,FL 34116 7. CASE NO: CESD20130000440 OWNER: REG8 BERKSHIRE COMMONS LLC. OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)UNPERMITTED WALL CONSTRUCTED AT THIS LOCATION FOLIO NO: 23945007103 VIOLATION ADDRESS: 7055 RADIO RD.NAPLES,FL 34104 8. CASE NO: CESD20120013716 OWNER: BRANISLAVA CIRAKOVIC VUKOVIC,GINA RADENKOVICH& ALEKSANDAR H.RADENKOVICH OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a), 10.02.06(B)(I)(e)AND 10.02.06(B)(1)(e)(i)OBSERVED ALTERATIONS/ IMPROVEMENTS TO STRUCTURE/PROPERTY AND NO COLLIER COUNTY PERMITS OBTAINED FOLIO NO: 62578800000 VIOLATION ADDRESS: 10580 6TH ST.NAPLES,FL 34108 9. 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 ST.NW NAPLES,FL 34117 10. CASE NO: CESD20120000777 OWNER: DELPHIA E.WHITAKER TRUST OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(e)(i)UNPERMITTED ALTERATIONS MADE TO THE LOWER LEVEL OF A STILT HOME FOLIO NO: 61946400004 VIOLATION ADDRESS: 1003 CREECH RD.NAPLES,FL 34105 11. CASE NO: CESD20120017503 OWNER: SARAH WEEKS OFFICER: INVESTIGATOR PATRICK BALDWIN 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)SHED/CARPORT STRUCTURE WITHOUT COLLIER COUNTY BUILDING PERMITS FOLIO NO: 41343480003 VIOLATION ADDRESS: 2830 26TH AVE SE NAPLES,FL 34117 12. CASE NO: CESD20130003329 OWNER: PELICAN BAY/HAMMOCK WOODS II LLC. 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: 73620100595 VIOLATION ADDRESS: NO SITE ADDRESS 13. CASE NO: CESD20120006666 OWNER: REAL ESTATE HOLDINGS OF TIENDA MEXICANA,INC. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)A SCREEN ENCLOSURE WITH A SINK,OPEN FREEZERS WITH ELECTRIC AND UPRIGHT DOOR REFRIGERATION COOLERS WITH ELECTRIC AND A COUNTER SPACE ATTACHED TO THE OFFICE ALL INSTALLED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT,INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO FOUR EXPIRED PERMITS 2011020704,2011020699, 204110460&920013727 FOLIO NO: 00131360004 VIOLATION ADDRESS: 217 N. 15TH ST. IMMOKALEE,FL 34142 14. CASE NO: CESD20130003239 OWNER: PATRICIA B.ANUCINSKI OFFICER: INVESTIGATOR JOE MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)& 10.02.06(B)(1)(e)REMODELING CONDO TO INCLUDE ELECTRICAL, PLUMBING AND ENCLOSING OF A LANAI WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 60931760006 VIOLATION ADDRESS: 204 BOB 0 LINK WAY UNIT A NAPLES,FL 34105 15. 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 16. CASE NO: CESD20130000293 OWNER: KELLY S.JONES OFFICER: INVESTIGATOR PATRICK BALDWIN 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)4 SHEDS AND A CARPORT THAT ARE UNPERMITTED ON THE ESTATES ZONED PROPERTY FOLIO NO: 393318000055 VIOLATION ADDRESS: 420 22ND ST.NE NAPLES,FL 34120 17. CASE NO: CESD20120003627 OWNER: ALFREDO MIRALLES OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)A CARPORT THAT WAS ENCLOSED AND CONVERTED INTO LIVING AND AN ATTACHED LAUNDRY ROOM WITH ELECTRIC AND PLUMBING,REPLACED WINDOWS AND DOORS ALL CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE FOLIO NO: 35540080005 VIOLATION ADDRESS: 108 WHITE WAY IMMOKALEE,FL 34142 18. CASE NO: CESD20130002927 OWNER: MARGARET D.WHITE OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)RESIDENCE HAS INCREASED IN SIZE FROM 880 SQUARE FEET TO 1246 SQUARE FEET WITHOUT PERMITS FOLIO NO: 62713960006 VIOLATION ADDRESS: 759 92ND AVE N.NAPLES,FL 34108 19. CASE NO: CESD20120009056 OWNER: GRACELYN MOSTACCIO RUE OFFICER: INVESTIGATOR PATRICK BALDWIN 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)A CARPORT ATTACHED TO THE PRINCIPLE STRUCTURE AND SEVERAL ELECTRICAL AND PLUMBING IMPROVEMENTS MADE THROUGHOUT THE PROPERTY FOLIO NO: 40926160000 VIOLATION ADDRESS: 2861 4TH AVE. SE NAPLES,FL 34117 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens . CASE NO: CEPM20120009999 OWNER: SADDLBROOK APARTMENTS,LLC. OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(f)& 22-231(12)(b)METAL STAIRS THAT ARE RUSTED THROUGH CREATING A HAZARDOUSCONDITION AND HOLES IN THE CEILING WITH ROTTED WOOD EXPOSED DUE TO WATER DAMAGE FOLIO NO: 298120307 VIOLATION ADDRESS: 8695 SADDLEBROOK CIRCLE NAPLES,FL 34104 2. CASE NO: CESD20120018416 OWNER: MAGALY AMADOR OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)NUMEROUS ELECTRICAL,PLUMBING,HVAC AND STRUCTURAL VIOLATIONS FOLIO NO: 340560006 VIOLATION ADDRESS: 1900 WASHBURN AVE.NAPLES,FL 34117 3. CASE NO: CESD20110006185 OWNER: JOSE F.CASAREZ 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 A COLLIER COUNTY BUILDING PERMIT FOLIO NO: 63082502 VIOLATION ADDRESS: 4806 MIRAHAM DR. IMMOKALEE,FL 34142 4. CASE NO: CESD201 10005820 OWNER: ERIC T. RODRIGUEZ OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ADDITION TO THE HOUSE UNPERMITTED FOLIO NO: 36313120001 VIOLATION ADDRESS: 5460 28TH AVE. SW NAPLES,FL 34116 5. CASE NO: CESD20120018268 OWNER: LEOVIGILDO MAS OFFICER: INVESTIGATOR JIM DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(I)(a)NUMEROUS ELECTRICAL,PLUMBING,HVAC AND STRUCTURAL VIOLATIONS FOLIO NO: 337600005 VIOLATION ADDRESS: 1825 WASHBURN AVE.NAPLES,FL 34117 6. CASE NO: CESD20110001130 OWNER: LUKE&JENNIFER J.WERNER OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)AND 2010 FLORIDA BUILDING CODE SECTION 105.1 FENCING WITH A CANCELLED PERMIT AND AN EXPIRED PERMIT FOR A CONSTRUCTED ANIMAL BARN WITH ELECTRIC FOLIO NO: 38506840008 VIOLATION ADDRESS: 441 35TH AVE.NE NAPLES,FL 34120 7. CASE NO: CESD20090016590 OWNER: MARK G. MARTIN OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 1 0.02.06(B)(I)(a)AND FLORIDA BUILDING CODE,2010 EDITION,CHAPTER 1, PART 1, SECTIONS 105 AND 105.1 ADDITION FOR PERMIT NUMBER 1999030663 WITHOUT CERTIFICATE OF COMPLETION/ OCCUPANCY, FENCE ERECTED WITH PERMIT NUMBER 2001011231 WITHOUT CERTIFICATE OF COMPLETION/OCCUPANY AND"BUMP our ADDITION WITH NO PERMITS FOLIO NO: 63150360006 VIOLATION ADDRESS: 4834 DEVON CIRCLE NAPLES,FL 34112 8. 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 AVE. W. IMMOKALEE,FL 34142 9. CASE NO: CESD20120007391 OWNER: PETER SALAZAR LOPEZ&MONICA 0 COARITI DE SALAZAR OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 10.02.06(B)(1)(a)DOORWAY OF COMMERCIAL UNIT ENCLOSED WITH DRYWALL WITHOUT A PERMIT FOLIO NO: 56200000142 VIOLATION ADDRESS: 12355 COLLIER BLVD. UNIT G NAPLES,FL 34116 10. CASE NO: CESD20120007393 OWNER: PETER SALAZAR LOPEZ&MONICA 0 COARITI DE SALAZAR OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)P-TRAP ASSEMBLY FOR BATHROOM SINK WAS CHANGED IN COMMERCIAL UNIT WITHOUT A PERMIT FOLIO NO: 56200000126 VIOLATION ADDRESS: 12355 COLLIER BLVD.UNIT F NAPLES,FL 34116 11. CASE NO: CESD20120007390 OWNER: PETER SALAZAR LOPEZ&MONICA 0 COARITI DE SALAZAR OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED, SECTION 10.02.06(B)(1)(a)ELECTRICAL ALTERATIONS DONE IN COMMERCIAL UNIT WITHOUT A PERMIT FOLIO NO: 56200000184 VIOLATION ADDRESS: 12355 COLLIER BLVD. UNIT I NAPLES,FL 34116 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 6. NEW BUSINESS A. Code Enforcement Board Workshop 7. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - June 27,2013 11. ADJOURN May 23, 2013 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: 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. Good morning. 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. MS. CRAWLEY: Mr. Larry Mieszcak? MR. MIESZCAK: Here. MS. CRAWLEY: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. CRAWLEY: Mr. Chris Hudson? MR. HUDSON: Here. MS. CRAWLEY: And Mr. James Blake is absent. Page 2 May 23, 2013 CHAIRMAN KAUFMAN: That means that Chris will be a full voting member of the board this morning. Okay. Approval of the minutes from the last hearing? Do I have a motion to approve, or are there any changes? MR. LEFEBVRE: Motion to approve. MR. MIESZCAK: I'll second the motion. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay. I guess we have a few changes. MS. CRAWLEY: We do. Number 4, public hearings, motions; A, motions, motion for continuance. There's one addition. Number 15 from hearings, John F. Taub, Case CESD20120015510. Number B, stipulations. We have 13 additions. The first is No. 6 from hearings, Noah's Ark Church, Inc., Case CESD20120014566. The second is No. 18 from hearings, Margaret White, Case CESD20130002927. The third is No. 11 from hearings, Sarah Weeks, Case CESD20120017503. The fourth is No. 19 from hearings, Gracelyn Mostaccio Rue, Case CESD20120009056. Page 3 May 23, 2013 The fifth is No. 8 from hearings, Branislava Cirakovic, Gina Radenkovich, Aleksandar H. Radenkovich, Case CESD20120013716. The sixth is No. 10 from hearings, Delphia E. Whitaker Trust, Case CESD2012000777 (sic). The seventh is No. 14 from hearings, Patricia Anucinski, Case CESD20130003239. The eighth is No. 5 from hearings, Steve T. and Penny L. Christensen, Case CESD20130001216. Ninth is No. 16 from hearings, Kelly S. Jones, Case CESD20130000293. The 10th, No. 2 from hearings, Pacifica Naples, LLC, Case CES20120016702. Number 11 is 13 from hearings, Real Estate Holdings of Tienda Mexicana, Inc., Case CESD201200066666 (sic). Number 12 is No. 17 from hearings, Alfredo Miralles, Case CESD20120003627. And No. 13 is No. 7 from hearings, REG8, Berkshire Commons, LLC, Case CESD20130000440. Under C, hearings, No. 4, Case CEPM20120017532, Steve T. and Penny L. Christensen has been withdrawn. Number 12, Case CESD20130003329, Pelican Bay Hammock Woods, LLC, has been withdrawn. There is an emergency case, number -- the first emergency case, PNC Bank N A, Case CENA20130005058. Under 5, old business, A, motion for imposition of fines/liens, No. 8, Case CESD20110000038, Olga Canova and Rebecca M. Rios, has been withdrawn. And under C, motion to rescind previously issued order, we have one addition, Kelly Condon, Case CENA20130000305. CHAIRMAN KAUFMAN: Okay. Thank you. Do we have a motion from the board to accept the agenda as modified? Page 4 May 23, 2013 MR. LEFEBVRE: I just have one question. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: Where are we going to put the emergency hearing? Is that going to be the first one? CHAIRMAN KAUFMAN: No. We were going to put it in the order that it came in; is that correct? MS. CRAWLEY: We could add it as No. 20 under hearings. MR. LEFEBVRE: Number 20, okay. Thank you. CHAIRMAN KAUFMAN: Okay. Motion to amend the agenda? MR. LEFEBVRE: I make a motion to amend the agenda. CHAIRMAN KAUFMAN: We have a motion. MR. MARINO: Second. MR. MIESZCAK: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. Okay. Where shall we start? MS. CRAWLEY: Motion for continuance, John F. Taub, Case CESD20120015510. CHAIRMAN KAUFMAN: Which number is that? Page 5 May 23, 2013 MS. CRAWLEY: Number 15 from hearings. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: This is one that looks like it had a pool enclosure, a home addition without a permit. Why don't you give us the skinny on it. MS. McGONAGLE: There was an addition, like you stated, a pool, a screen enclosure, and an addition to the home were added without permits. Mr. Taub has applied -- he's hired somebody to do permit by affidavit. He applied for the permit. The permit was rejected. They're in the process of making the -- submitting the corrections for the permit. CHAIRMAN KAUFMAN: Okay. And he's asking for a continuance? MS. McGONAGLE: Yes. The way I understand it, he had a family emergency -- or, no, I'm sorry. It was another hearing. MS. CRAWLEY: Yeah. MS. McGONAGLE: He's out of state for another hearing. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: So he couldn't be here today to present his case. CHAIRMAN KAUFMAN: Did we get a letter on this? Because I haven't seen anything on how much of a time he's requesting, or is this the one that was on the board? MS. CRAWLEY: (Nods head.) CHAIRMAN KAUFMAN: Okay. MR. L'ESPERANCE: How much time is he requesting? CHAIRMAN KAUFMAN: It's not listed on the letter. So he's going for a permit by affidavit? Page 6 May 23, 2013 MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: I guess it's up to us to see how much time, if we want to grant continuance. I would think that 60 days would be sufficient? MR. LEFEBVRE: That's what I was thinking, but my question to you was, did he ever -- when he was talking to you, did he ever verbalize to you what time frame he's looking for a continuance? MS. McGONAGLE: He did not. I don't think that he even realized that this was going to happen. He was subpoenaed for another hearing, like I said, out of state. He had planned on being here. MR. LEFEBVRE: I make a motion to continue for 60 days. CHAIRMAN KAUFMAN: I have a motion. Do we have -- MR. HUDSON: Second. CHAIRMAN KAUFMAN: And we have a second by Mr. Hudson. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. McGONAGLE: Thank you. MS. CRAWLEY: Motion for extension of time, No. 1, Wilkert and Fidelene Eugene, Case CESD20120003854. (The speakers were duly sworn and indicated in the affirmative.) Page 7 May 23, 2013 CHAIRMAN KAUFMAN: Okay. I see that you're requesting an extension of 90 days, I believe; is that correct? MS. EUGENE: I state in the letter until October 2013. CHAIRMAN KAUFMAN: Okay. Has the -- question. Has the 80.29 been paid? MS. CRAWLEY: (Nods head.) CHAIRMAN KAUFMAN: It has been, okay. That was one of my questions. As I look back at this, the original order was July of 2012. That's almost a year ago. MS. EUGENE: Yes. CHAIRMAN KAUFMAN: At that time I think 180 days was granted, and then an additional 90 days was granted, and now you're looking to extend it to October. The board would like to know why -- what's going on, et cetera. MS. EUGENE: Honestly, we had no idea how hard it would be financially to provide and do construction. So as we go farther into it, we find that there have been codes -- because it's an old construction, there has been code changes we have to deal with now. And, financially, I have -- we have some materials down, but because of the code change, we have to wait on it. So it's kind of like very confusing, and then there are things that -- we have some fines we have to pay and, financially, we just don't have it. So that's kind of complicated the matter. CHAIRMAN KAUFMAN: Okay. It's been a year. MS. EUGENE: Yes. CHAIRMAN KAUFMAN: That's our concern. And I can see if we -- if it was granted till October, that if you came back in October and said, we still have the same situation that we had back in June or the end of May, that would be a problem as well. What has been done since July of 2012? Page 8 May 23, 2013 MS. EUGENE: I do have some pictures. We have, like -- the drywall's -- all the electrical cord's already done, the A/C's done, and -- but the drywall and the windows -- we have all the windows and sliding doors put in, but we just found out the sliding doors and the windows are not -- according to the quote, are not right right now. So we are getting the engineer, which, unfortunately, I forgot his name. I didn't bring it with me -- CHAIRMAN KAUFMAN: That's okay. MS. EUGENE: -- to ask how we can change the quote so -- in order to accept the windows and sliding doors that we have now. So -- and if not, we would have to take it off and start all over again. It's really -- I mean -- CHAIRMAN KAUFMAN: Have you applied for the required permits that you need? MS. EUGENE: Yes. We do have an engineer who went back and to the person who did the blueprint for us -- I believe his name was John Bate (sic) -- to kind of help us with that. CHAIRMAN KAUFMAN: So you have gone to the county -- MS. EUGENE: Yes. CHAIRMAN KAUFMAN: -- and applied for the permits -- MS. EUGENE: Yes. CHAIRMAN KAUFMAN: -- and paid for the permits? MS. EUGENE: Yes, but we're still waiting. CHAIRMAN KAUFMAN: Okay. Let me ask the county their position. MR. CONNETTA: Oh, we don't object. CHAIRMAN KAUFMAN: Okay. Any discussion from the board? (No response.) CHAIRMAN KAUFMAN: I would be inclined to grant some additional time. Page 9 May 23, 2013 Do you want to speak? You need to be sworn? UNIDENTIFIED SPEAKER: I'm a friend of Vance (sic). MR. SERMENTE: My name is Octavio. How are you? (The speaker was duly sworn and indicated in the affirmative.) MR. SERMENTE: I'm sorry. I just want to confirm that -- THE COURT REPORTER: Your name? CHAIRMAN KAUFMAN: Can you state your name for the record. MR. SERMENTE: Octavio Sermente (phonetic), Jr. CHAIRMAN KAUFMAN: And you are from? MR. SERMENTE: I'm an agent for different cases. And in this case, I don't know her personally, but I'm the one that's in contact with the engineer, Mr. Bicks (sic). To change -- the problem on there is that they built with the wood. It was applied -- it was supposed to be southern pine wood, and they used different wood, so it has to be changed with the engineer to sign a letter for the changes on the windows and on the type of wood. So I'm working on that. I just got this case about a week ago to be able to contact the engineer -- they are in Fort Myers -- and get them to change so we can submit the corrections or the revision so they don't have to change all these windows and all these frames that's already built. CHAIRMAN KAUFMAN: How long do you think that would take? Since the permit -- MR. SERMENTE: Just the first month, just getting involved with the engineer to get him to do the changes, at least two months. But 90 days, I think, will be more safe in order to at least get that change. CHAIRMAN KAUFMAN: Okay. Well, 90 days would be less than five months, which would bring us into October, so -- MR. SERMENTE: That would be some kind of help just to get at least the part of this wood and the windows that she's claiming, Page 10 May 23, 2013 which is true. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion to grant a five-month extension. MR. L'ESPERANCE: I'll second that. MR. LEFEBVRE: But I want to tell you now that I will not be inclined to extend it past October, because this will be your second extension. You will have at this point 15-plus months. I will not extend it again. CHAIRMAN KAUFMAN: Okay. Lionel? MR. L'ESPERANCE: I will second that. CHAIRMAN KAUFMAN: Okay. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you understand what's going on as far as the extensions are concerned? MR. SERMENTE: I'll talk to her about it and to your family and everybody else, so we could -- okay. Thank you for the extension. Appreciate that. Thank you. MS. EUGENE: Thank you. MR. LEFEBVRE: Thank you for stepping up and -- thank you Page 11 May 23, 2013 very much for stepping up and explaining to us. MR. CONNETTA: Thank you. MS. CRAWLEY: Number 2 is James J. Beauchamp, Case CENA20120010345. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. I have one question before we even begin. Has the 80.57 been paid? MR. DAVIS: Yes. CHAIRMAN KAUFMAN: Okay, great. Thank you. Go ahead. MR. BEAUCHAMP: I'd like to ask the board for an extension regarding this case. I've complied with everything. I've removed all the living exotics. All that remains is a pile of maybe 25 8-foot logs that are quite difficult, you know, to work with. So I'm working on getting them removed. I've just had a few problems there with some -- you know, I had somebody take some, and they broke down. So I'm still working on getting those off the property. It's just a pile of logs. The rest is all done. So I'd like maybe 90 days to make sure I -- sufficient time to have them removed. CHAIRMAN KAUFMAN: County? MR. DAVIS: As Mr. Beauchamp stated, they did. They removed all the exotics. They just have the remnants of some really big logs that need to be hacked up. CHAIRMAN KAUFMAN: And they don't fit in the fireplace? MR. DAVIS: They don't; not these. MR. BEAUCHAMP: I wish. MR. DAVIS: But no objection. CHAIRMAN KAUFMAN: Can we get a motion from the board? MR. LEFEBVRE: I make a motion to extend 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Page 12 May 23, 2013 MR. MARINO: Second. MR. HUDSON: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you very much. MR. DAVIS: Thank you. MS. CRAWLEY: Under B, stipulations, No. 1, Noah's Ark Church, Inc., Case CESD20120014566. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. CONNETTA: Good morning. CHAIRMAN KAUFMAN: Do we have a stipulation on this? MR. CONNETTA: Yes, sir, we do. CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: 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 the hearing. Abate all violations by obtaining all required Collier County permit -- building permits or demolition permit, inspections and certificate of completion/occupancy within 365 days of this hearing or Page 13 May 23, 2013 a fine of$200 per day will be imposed until the violation is abated. Respondent must also notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. CHAIRMAN KAUFMAN: Okay. Thank you, John. They're not here, so I can't ask if that's what they agreed to, but -- any motion from the board? MR. MIESZCAK: Can I ask a question? CHAIRMAN KAUFMAN: Sure. MR. MIESZCAK: Why 365 days? MR. CONNETTA: Well, I have the engineer for Naples -- Noah's Ark Church, Jeff Davidson. He could explain the situation on why it's taken so long. CHAIRMAN KAUFMAN: That would be helpful. (The speaker was duly sworn and indicated in the affirmative.) MR. DAVIDSON: I'm Jeff Davidson with Davidson Engineering. I'm a site civil engineer, and this started with an -- I saw a letter that was issued in December, I think it was, that was an infraction for a ceiling fan and a stage and some wiring that was built not per code or not without (sic) a permit. So the church was -- they got a notification for that. They went in to do a correction and get a permit for that, and then from there it grew legs. And an architect got involved, and there was -- we got another letter, and that's when I got involved in February -- corrections letter that was probably four pages long, and it got very complicated because of the fire code. It's an old building that they are using as a church. It's small, but it's been there probably since 1964. Never had a Site Development Plan. Doesn't need a Site Development Plan because they're not doing any work outside of the building. But one of the stipulations -- or one of the questions in the corrective letter was that they needed a Site Page 14 May 23, 2013 Development Plan, they need to do a traffic study, and a lot of things that are very complicated and take time to do. And they retained me -- or, actually, I'm volunteering to help them out -- in February. And we've been working diligently until now to get to the point where we are. And the architect has redone his plans. I think he might have resubmitted and responded to the corrective letter, but I'm not sure. But I know that I did an alternative parking analysis that was submitted on the 6th of this month, and I got comments -- one comment on Tuesday of this week, and that's -- I think that's going to work pretty well the next several months. But the 365 days is a good number, because it's -- this is one of those things that there are so many variables that it's going to take time to pull it together. But I can assure you the church is doing everything they can right now to make sure that we get this done as soon as possible. MR. MIESZCAK: And you don't feel -- there's no safety issue? MR. DAVIDSON: I don't. They actually have an agreement with the fire department, the Golden Gate Fire District, to have a roading (sic) watch, and they have a log to keep track of, you know, their combustibles and where people are in the building, and they have a tally of the number of people in the building. So they've been communicating with the fire district, and they're satisfied with the way things are working now. So I think -- I don't see a health, safety, welfare issue at this time. MR. MIESZCAK: Okay. Thank you. CHAIRMAN KAUFMAN: Their building holds approximately how many people? MR. DAVIDSON: I think they have around 70 people that come there now for services, but the plan that is in review now is 144 seats. CHAIRMAN KAUFMAN: Is there sufficient a facility to get out Page 15 May 23, 2013 of the building should a problem occur? MR. DAVIDSON: Right now there is. I mean, there is an issue with the rear-door egress because it doesn't meet the current fire code, but there is a -- the front-door egress is fine. And one of the changes in the architect's plan is to put a side-door egress that meets current code, and he'll take care of the fire issue. MR. MARINO: How many parking spaces are there now? MR. DAVIDSON: There are about 87 total parking spaces, but those are commonly shared among other tenants -- not tenants. They're owners of units. It's -- I've never seen a development like this. It was done in 1964. And it's not a condo, but the owners in that area have -- own their separate units, and per deed they have access to a certain number of spaces, but they're not specifically allocated to those specific units. So it's -- MR. MARINO: What is it, a strip center? MR. DAVIDSON: It's a strip center, but there's also warehousing, there's a store, there's other uses in there. And our -- we did a parking analysis that showed that the church's peak is different than the other tenants except for one small restaurant that's in the same area. CHAIRMAN KAUFMAN: Any other questions from the board? (No response.) CHAIRMAN KAUFMAN: I comment from the chair, 365 days seems to be an awful long time. Ordinarily, what we do -- and I realize it's a stipulation, so we can't change it unless they would agree to it, and they're not even here. But, ordinarily, what we would consider is a period of time, maybe 180 days, and then to see what progress has been made up to 180 days should it not be completed at that time. But that's just my comment on that. Anybody care to make a motion from the board? Page 16 May 23, 2013 MR. HUDSON: Motion to approve the stipulation as read. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second, Chris and Lionel. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: And aye. So it would be -- MR. MIESZCAK: I oppose, time frame. CHAIRMAN KAUFMAN: Okay. You? MR. LEFEBVRE: I agree. CHAIRMAN KAUFMAN: You agree. Okay. So it passes, 5-2, okay. MR. DAVIS: Thank you. MS. CRAWLEY: Number 2 is Margaret D. White, Case CESD20130002927. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. SUNDLEE: Good morning. CHAIRMAN KAUFMAN: Why don't you -- before we start, this was a home that the square footage was increased from 880 to 1,246 square feet without a permit. MR. SUNDLEE: That is correct. CHAIRMAN KAUFMAN: Okay. MR. SUNDLEE: And we do have a stipulation agreement. CHAIRMAN KAUFMAN: I see that in front of us. Why don't Page 17 May 23, 2013 you go through it. MR. SUNDLEE: Okay. We have a stipulation agreement with the owner. Therefore, it is agreed between the parties that the respondent shall, one, pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion and occupancy within 120 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify code enforcement within 24 hours of all abatement of the violation and request an investigator perform a site inspection to confirm compliance; And, 4, 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 Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs abated (sic) shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Did you state your name for the record, because -- MR. SUNDLEE: I'm sorry. Chris Sundlee. CHAIRMAN KAUFMAN: Chris. Okay, Chris. Thank you. Okay. When I look at cases like this and I see from 880 square feet to 1,246, for whatever period of time, no taxes are paid by the increase, et cetera, et cetera. It's a severe problem without a permit. Do you have any of the -- MR. SUNDLEE: I have some additional information. CHAIRMAN KAUFMAN: Yes. MR. SUNDLEE: They have applied for permit by affidavit on the same date as the stipulation agreement, which was last Thursday. That is in plan check. It was rejected under the residential review, so it's being corrected. Page 18 May 23, 2013 Also, the assessor's office has gone out and reassessed the property, and it's now 1,279 square feet assessed as living area, so that's been increased. CHAIRMAN KAUFMAN: Okay. Was this addition done by the respondent, or was this something that they bought that -- MR. SUNDLEE: She purchased the house in December of 2012. She did not do the work. She believes the prior owner who owned it from one year ago, who bought it as probably a foreclosure and fixed it up, may have done the work, but he denies doing the work himself also. CHAIRMAN KAUFMAN: Okay. Another case, Diane, where they would have been a lot better off had they gone to the folks to do a forensic look, if you would, at the structure before it was purchased. Okay. Any questions from the board? (No response.) CHAIRMAN KAUFMAN: Any motions? MR. MIESZCAK: Motion to approve the stipulation as read. CHAIRMAN KAUFMAN: We have a motion to approve the stipulation as written. Do we have a second? MR. MARINO: I'll second it. CHAIRMAN KAUFMAN: And a second by Mr. Marino. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 19 May 23, 2013 CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. SUNDLEE: Thank you. MS. CRAWLEY: Number 3, Sarah Weeks, Case CESD20120017503. (The speaker was duly sworn and indicated in the affirmative.) MR. BALDWIN: For the record, Patrick Baldwin, Collier County Code Enforcement investigator. Therefore, it is agreed between the parties that the respondent shall, one, pay operational costs in the amount of$81 .72 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permit or demolition permit, inspections, and certificate of completion/occupancy within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; 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. It seems to me 180 days, six months, to resolve a shed and a carport seems excessive to me. That's my comment on it. Anything from the board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board? MR. L'ESPERANCE: Move that we accept the stipulation as presented. Page 20 May 23, 2013 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. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. BALDWIN: Thank you. MS. CRAWLEY: No. 4 is Gracelyn Mostaccio Rue, CESD20120009056. (The speaker was duly sworn and indicated in the affirmative.) MR. BALDWIN: For the record, Patrick Baldwin, code enforcement investigator. Therefore, it is agreed between the parties that the respondent shall, one, pay operational costs in the amount of$80.57 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into Page 21 May 23, 2013 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: Thank you, Patrick. When I look at this case, which is very similar to the preceding case, the preceding case was 180 days. This is 90 days. Is there any reason why the time is double for the previous one versus this one? MR. BALDWIN: The previous one, the owner has some extenuating circumstances, and it's a fairly large shed/carport. This one, they have a carport attached to the structure, and they're trying to determine if they can permit the structure that's attached to the principal structure or if they're going to have to remove it. So there are some engineering plans that will be required. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motion from the board? MR. MARINO: Make a motion we approve. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. MIESZCAK: I'll second the motion. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? Page 22 May 23, 2013 (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. BALDWIN: Thank you. MS. CRAWLEY: Number 5, Branislava Cirakovic Vukovic, Gina Radenkovich, Aleksandar H. Radenkovich, Case CESD20120013716. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I have to congratulate you on your pronunciations. Joe, do you want to read the stipulation. MR. MUCHA: Good morning. For the record, Joe Mucha, Collier County Code Enforcement. I met with Ms. Vukovic this morning. She's agreed to pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of the hearing and to abate all violations by obtaining all required Collier County building permits or demolition permit, 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. Respondent must notify code enforcement within 24 hours of the 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. Thank you. Good morning. MS. VUKOVIC: Good morning. CHAIRMAN KAUFMAN: Do you want to give us a little Page 23 May 23, 2013 background, or do you have any problem meeting the requirement as far as the 180 days to get everything completed? MS. VUKOVIC: We applied to zoning in late November, and we are currently working with Mr. Fred Reischl. And that's been processed, and it's basically out of our hands. It's up to them. And we still don't have a public hearing scheduled as of yet, so I'm hoping that that's going to happen fairly soon. And, you know, I'm hopeful -- because it's not in -- it's up to Mr. Reischl when they're going to schedule the hearing. CHAIRMAN KAUFMAN: Is this something they're going for an administrative variance? MR. MUCHA: This is a variance, yes, sir. MR. MIESZCAK: One question. What kind of observation on improvements and alterations? Was it major or just small? MR. MUCHA: I think it has been pretty major. It was a single-family home that's been converted to multiple units. MR. MIESZCAK: Multiple units. MR. MUCHA: But I believe the units have been vacated. MS. VUKOVIC: What happened, when I purchased the property, it was presented to me as a multiple multifamily property, and even the driver (sic) in the place and the separation and everything. And all of a sudden -- and in Collier County records it says that it's multifamily. That's how it's assessed. So when I purchased the property, I wasn't even aware of that. And then all of a sudden somebody said it's not, and it's a situation. So we, of course, applied for it, because I want to be in compliance, so. CHAIRMAN KAUFMAN: The zoning on this is -- MR. MUCHA: It is multifamily. CHAIRMAN KAUFMAN: It is multi. So zoning -- this is more or less a -- Page 24 May 23, 2013 MR. MUCHA: A permitting issue. CHAIRMAN KAUFMAN: A zoning, a variance -- MR. MUCHA: Once the permit -- a variance is approved, it will be a permitting issue. CHAIRMAN KAUFMAN: Okay. Generally an administrative variance, if everything else is correct? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motion from the board? MR. HUDSON: Motion to approve the stipulation as read. CHAIRMAN KAUFMAN: We have a motion to approve. MR. MIESZCAK: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Joe. Thank you very much. MS. VUKOVIC: Thank you. MS. CRAWLEY: Number 6 is Delphia E. Whitaker Trust, Case CESD20120000777. Page 25 May 23, 2013 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: We have to track this one down. Which number is this on the -- MR. MARINO: Our No. 12, I got it as. MS. CRAWLEY: It's No. 10. CHAIRMAN KAUFMAN: Got it. This was a stilt home. MR. GIANNONE: Yes, sir. For the record, Joseph Giannone, Collier County Code Enforcement. We have reached an agreement with the homeowner. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days of the hearing and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 60 days of this hearing, or a fine of$200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement Board within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. CHAIRMAN KAUFMAN: Okay. The stilt homes, when you enclose the lower portion, generally that's a problem that has to go back to -- and I say "generally" has to go back to being a stilt home; no living space underneath it. Is that the case in this one? MR. GIANNONE: I believe he's using it as an enclosed garage. CHAIRMAN KAUFMAN: Okay. All right. Any comments from the board? MR. MIESZCAK: I'll make a motion to approve the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. MARINO: Second. Page 26 May 23, 2013 CHAIRMAN KAUFMAN: And a second by Mr. Marino. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. GIANNONE: Thank you. MS. CRAWLEY: Number 7 is Patricia V. Anucinski, Case CESD20130003239. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay, sorry. MR. GIANNONE: Once again, for the record, Joseph Giannone, Collier County Code Enforcement. We have reached an agreement with the property owner. Therefore, it is agreed upon -- it is agreed between the parties that the respondent shall pay operational costs in the amount of$80.57 incurred in the prosecution within 30 days of the hearing. Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificates of completion/occupancy within 20 (sic) days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of this violation and request the investigator perform a site inspection to confirm compliance. Page 27 May 23, 2013 CHAIRMAN KAUFMAN: Okay. This was a condo that was remodeled? MR. GIANNONE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board? (No response.) CHAIRMAN KAUFMAN: I'll make a motion we approve it. MR. LEFEBVRE: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Joe. MR. GIANNONE: Thank you. MS. CRAWLEY: Number 8 is No. 5 from hearings. MR. MARINO: Thank you. MS. CRAWLEY: Steve T. and Penny Christensen, Case CESD20130001216. CHAIRMAN KAUFMAN: This is one of two cases, if I'm not mistaken. MR. MUCHA: The property maintenance case was actually Page 28 May 23, 2013 withdrawn. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. I met with Mr. Christensen this morning. He's agreed to pay operational costs in the amount of$80.29 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 permit, inspections, and certificate of completion/occupancy to return a single-family dwelling -- I'm sorry. Let me strike that -- 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. So as I understand this, this was a single-family home that was converted to a two-family home without any permits; is that correct? MR. MUCHA: Correct. And they're in the -- they got a permit now to return it back. CHAIRMAN KAUFMAN: To a single-family? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good morning. Could you state your name for the record. MR. CHRISTENSEN: I'm Steve Christensen. Page 29 May 23, 2013 MR. CAHILL: I'm Don Cahill. CHAIRMAN KAUFMAN: Okay. You've heard the stipulation. Do you have any problem meeting the dates? MR. CHRISTENSEN: I don't believe so. MR. CAHILL: We have a permit. I'm the architect and the general contractor. And the dilapidated work's already been removed. And it's not a dangerous situation any longer. And we're proceeding with a new stairway -- two new stairways and new decking and so on, framing. So it's all being accomplished. CHAIRMAN KAUFMAN: Okay. MR. CAHILL: I'm not sure why we needed to be here today, but we're here. CHAIRMAN KAUFMAN: Any comments from the board? MR. L'ESPERANCE: Mr. Chairman, I need to recuse myself on this particular case. CHAIRMAN KAUFMAN: Okay. You have to sign some papers for Jean. Any motions from the board? MR. LEFEBVRE: Make a motion -- MR. MIESZCAK: Motion -- go ahead. MR. LEFEBVRE: Go ahead. CHAIRMAN KAUFMAN: Go ahead, Larry. MR. MIESZCAK: I'll make a motion that we -- the stipulation as written, approve the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. And all those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. Page 30 May 23, 2013 MR. MIESZCAK: Aye. MR. L'ESPERANCE: (Abstaining.) MR. HUDSON: Aye. CHAIRMAN KAUFMAN: And one person is out of it. It's approved unanimously. Thank you. MR. CAHILL: Thank you. CHAIRMAN KAUFMAN: Hopefully we won't see you in 180 days. MR. CAHILL: Hope not. Lionel, good to see you. MS. CRAWLEY: Number 9 is No. 16 from hearings, Kelly S. Jones, Case CESD20130000293. (The speakers were duly sworn and indicated in the affirmative.) MR. BALDWIN: Therefore, it is agreed between the parties -- oh, for the record, Patrick Baldwin, Collier County Code Enforcement investigator. This is my third time. I should have remembered that. CHAIRMAN KAUFMAN: I'm getting to hear that your name is "oops." MR. BALDWIN: 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 obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county Page 31 May 23, 2013 may abate the violation by 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. Just to alleviate my confusion, this was initially a request for an extension of time that turned into a stipulation? MR. BALDWIN: Correct. CHAIRMAN KAUFMAN: Okay. Good morning. MS. JONES: Good morning. CHAIRMAN KAUFMAN: Do you have any comments or any problems meeting the dates? MS. JONES: No, that's acceptable to me. CHAIRMAN KAUFMAN: Okay. And could you give your name -- your name on the record. MS. JONES: My name is Kelly Sue Jones. MR. PETERSON: I'm Stephen Peterson. I'm her attorney. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: I see this was four sheds that were unpermitted, okay. MR. BALDWIN: Three sheds have been applied for. They've just been rejected. One has been ready for issuance. CHAIRMAN KAUFMAN: Okay. And the time on this is 180, six months. I would think that's more than sufficient time to do it. Any motions from the board? MR. MIESZCAK: Motion to approve the stipulation as written. MR. HUDSON: Second. CHAIRMAN KAUFMAN: We have a motion; a second by Mr. Hudson. Page 32 May 23, 2013 All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. JONES: Thank you. MR. BALDWIN: Thank you. MS. CRAWLEY: Number 10 is No. 2 from hearings, case -- Pacifica Naples, LLC, Case CES20120016702. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you give your name on the record so we can -- MS. DREYCOTT: It's Angie Dreycott (phonetic). CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: For the record, John Connetta, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. John, shoot. MR. CONNETTA: It is agreed between the parties that the respondent shall pay operational costs in the amount of$82.58 incurred in the prosecution of this case within 30 days of the hearing; Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy within 90 days of this hearing or a fine of$100 per day will be imposed until the violation is abated. Page 33 May 23, 2013 Respondent must also notify code enforcement within 24 hours of abatement of the violation and request an investigator conduct -- perform a site inspection to confirm compliance. CHAIRMAN KAUFMAN: Okay. This was a sign that was changed, I believe. MS. DREYCOTT: Yes, sir. CHAIRMAN KAUFMAN: And your relation to the LLC is? MS. DREYCOTT: I work for the property owners. CHAIRMAN KAUFMAN: Okay. And you've heard the stipulation. Ninety days sufficient time to -- MS. DREYCOTT: I believe that should be sufficient time. We're working on trying to bring in an engineer in order to meet the requirements that need to be addressed. CHAIRMAN KAUFMAN: Okay. Any questions from the board? MR. MIESZCAK: Motion to approve the stipulation as written. MR. MARINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second by Mr. Marino. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. Page 34 May 23, 2013 MS. CRAWLEY: Number 11 is No. 13 from hearings, Real Estate Holdings of Tienda Mexicana Inc., Case CESD20120006666. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name for the record on the mike so we -- MR. PUENTE: Yes. My name's Antonio Puente. CHAIRMAN KAUFMAN: Your relationship to the owner? MR. PUENTE: I am the owner. CHAIRMAN KAUFMAN: You are the owner, okay. Good morning. MS. RODRIGUEZ: Good morning. For the record, Maria Rodriguez, Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay operational costs in the amount of$81 .15 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy within 120 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. Good morning. MR. PUENTE: Good morning. CHAIRMAN KAUFMAN: You've heard the stipulation. You Page 35 May 23, 2013 agree that you can get everything done within 120 days? MR. PUENTE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any background on this, or -- I see this is from July of last year. MR. PUENTE: Well, I'm an absentee owner. I have a tenant in there that apparently put some coolers in the store. It's a retail grocery store in Immokalee. I was not aware he did not pull the permits for that, but Ms. Maria's been very good in communicating. So I'm here to address this issue today and work on getting some permits pulled and hire a contractor to get this job done. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. MIESZCAK: Motion to approve the stipulation as written. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: I have a motion; second by Mr. L'Esperance. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. CRAWLEY: Number 12 is No. 17 from hearings, Alfredo Miralles, Case CESD20120003627. (The speaker was duly sworn and indicated in the affirmative.) Page 36 May 23, 2013 CHAIRMAN KAUFMAN: Good morning, Maria. MS. RODRIGUEZ: Good morning, again. The owner is not here today. He's an elderly gentleman and was not feeling well, so he didn't show up this morning, although he did call me. It is agreed between the parties that the respondent shall pay operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy within 120 days of this hearing, or a fine of 250 per day will be imposed until the violation is abated; Turning off utilities for all unpermitted living space within 24 hours of this hearing and remaining unoccupied until the building permit or demolition permit has received a certificate of completion/occupancy, 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 methods 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. MR. L'ESPERANCE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. L'ESPERANCE: One small point of order. It says "250." I think we left out the dollar sign. Just a small point. MS. RODRIGUEZ: Oh, I see it. CHAIRMAN KAUFMAN: Okay. This was a conversion to living space. And was it occupied? Page 37 May 23, 2013 MS. RODRIGUEZ: When I first observed it, it was occupied. He had some gentleman living in it. But we went today, and it's vacant. So no one's in there. CHAIRMAN KAUFMAN: Okay. And this is 120 days to either have it permitted or removed? MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: Mr. Chairman, I've just got a question. With some of the previous cases, too, this one's been bouncing around since March 9th of 2012, June 30th of 2012. Has anything happened in the last eight, nine, 10 months? MS. RODRIGUEZ: He applied for a permit -- because it was a carport that was enclosed. But because he was encroaching, he wasn't able to -- he did all the engineering part and tried to pull the permit for it, but they rejected it because he was encroaching. So now he did all the paperwork with a surveyor and an engineer to try to get more -- the property lines moved. So he's going to get a little bit more to one side, but he's going to give up the back part of his property. So he's working with the owner next door to him so that he does meet the required setback. That's why it's taking a little bit longer than it should. MR. LEFEBVRE: How far along is he in that process? MS. RODRIGUEZ: He is finished with all the paperwork. They were waiting for the owner next door -- who went to Mexico on an emergency and he's on his way back -- to sign some paperwork so that he can get it done. CHAIRMAN KAUFMAN: Okay. So 120 days probably will be sufficient? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. Any other comments from Page 38 May 23, 2013 the board? MR. LEFEBVRE: Make a motion to approve. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. MIESZCAK: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. CRAWLEY: And No. 13 is No. 7 from hearings, REG8, Berkshire Commons, LLC, Case CESD20130000440. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name and relationship to the owner for the record. MR. LEE: Yes. I'm Robert Lee. I'm a long-time leaseholder in the Berkshire Commons. CHAIRMAN KAUFMAN: Okay. And you have the authorization? MR. LEE: Yes, sir, I do. CHAIRMAN KAUFMAN: Okay. MR. LEE: Yep. MR. BOX: For the record, my name's Investigator Heinz Box, Collier County Code Enforcement. Page 39 May 23, 2013 Therefore, it is agreed between the parties that the respondents shall pay operational costs in the amount of$81 .15 incurred in the prosecution of this case within 30 days of this hearing and abate all violations by obtaining any and all Collier County permits, inspections, and certificate of completion or obtain demolition permit or inspection or certificate of completion within 90 days of this hearing or a fine of$150 a day will be imposed until the violation is abated. The respondent must notify the 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. Good morning. MR. LEE: Good morning, sir. CHAIRMAN KAUFMAN: I see this was a wall that was built without a permit; is that correct? MR. LEE: Yes. Actually, it was two suites, the end suites in the Berkshire Commons, since 1992. The wall originally came down to make way for a dry-cleaning plant, which has now been removed at the request of the Berkshire Regency Centers. And then the wall went up. Once I got the plant moved out, we rolled right into putting the wall up not knowing that we needed a permit to do so. So I'm now underway with a contractor, licensed contractor; should have the permits done within the next 10 days. CHAIRMAN KAUFMAN: Okay. And so 90 days should be sufficient time to get this all worked out? Page 40 May 23, 2013 MR. LEE: More than sufficient. CHAIRMAN KAUFMAN: Okay. Any other comments from the board? MR. MIESZCAK: One question on No. 2. Is that a 150 or 50 with a dollar sign? MR. BOX: I'm sorry. It's 150. MR. MIESZCAK: $150? MR. BOX: Correct, sir. CHAIRMAN KAUFMAN: We can get you new glasses. MR. MIESZCAK: I don't know if I need glasses. MR. BOX: Did I put a dollar sign in the front of that? CHAIRMAN KAUFMAN: After it. There's some scratches there, but it looks -- it's 150. MR. MIESZCAK: If you say. CHAIRMAN KAUFMAN: Any comments from the board? MR. MARINO: This wall being put up, is it a firewall? MR. LEE: Yes, sir, dividing space between 7055 and 7059 Radio Road. CHAIRMAN KAUFMAN: Okay. Any other questions from the board? (No response.) CHAIRMAN KAUFMAN: Any motions? MR. MIESZCAK: Motion to approve the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. MARINO: Second. CHAIRMAN KAUFMAN: And a second, Mr. Marino. All those in favor. MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 41 May 23, 2013 CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. LEE: Thank you. MR. BOX: Thank you. MS. CRAWLEY: We're now under C, hearings. No. 1, Case CEOCC20120012976, Kevin P. and Darcey Brinkoff. (The speakers were duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of ordinance, Collier County Land Development Code, Ordinance 04-41, as amended, Section 5.02.03(A), (C) and (J). Description of violation: Operating a business without a valid business tax receipt for this location. People other than occupants of the dwelling are operating business vehicles and employees traveling to and from the property. Location/address where violation exists: 4891 Palmetto Woods Drive, Naples, Florida, 34119; Folio No. 38287200006. Name and address of owner/person in charge of violation location: Kevin P. and Darcy Brinkoff, 4891 Palmetto Woods Drive, Naples, Florida, 34119. Date violation first observed: October 12, 2012. Date owner/person in charge given notice of violation: October 24, 2012. Date on/by which violation be corrected: November 25, 2012. Date of reinspection: November 28, 2012. Results of reinspection: Violation remains. Page 42 May 23, 2013 CHAIRMAN KAUFMAN: Good morning, Michelle. Good morning. Can you state your name for the record. MR. WEST: Yes, David West. CHAIRMAN KAUFMAN: Okay. And you are the owner of the property? MR. WEST: I'm not. I'm leasing the property. CHAIRMAN KAUFMAN: Okay. And do you have permission from the owner of the property to testify here today? MR. WEST: I do. I just didn't have anything certified because they asked me to do that yesterday; I just didn't have time to do that. CHAIRMAN KAUFMAN: Okay. I don't have a problem with that unless somebody on the board does. Okay. Michelle? MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. I would like to present case evidence in the following exhibits: A copy of the Collier County business tax receipt for Fields of Green Lawn Care Inc.; three photos taken by Investigator John Connetta on October 12, 2012; 6 photographs taken by me on January 24, 2013. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these photographs and the tax receipt? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you have any objection? MR. WEST: No, I have seen them. CHAIRMAN KAUFMAN: Okay. MR. MIESZCAK: Motion to approve the photos and tax receipt. CHAIRMAN KAUFMAN: We have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. MARINO: Aye. Page 43 May 23, 2013 MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. McGONAGLE: This is a copy of the business tax receipt. It shows that the address for Fields of Green Lawn Care, Inc., is located at 4710 Via Carmen, Naples, Florida, not Palmetto Woods, and that the mailing address is 2316 Pine Ridge Road, No. 444, which comes back to a pack and shipping store. These next three photographs were taken by Investigator John Connetta on October 12, 2012. They show two Fields of Green trucks leaving the property and a third in the rear of the property. CHAIRMAN KAUFMAN: But I see they're time stamped at 7:30 in the morning or so? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Could you go back to that previous picture. That's a picture of? MS. McGONAGLE: The white pickup is parked in the driveway. But if you look, you can see the white in the back. They have a parking area in the back of the property. That's where the employees park, and that's where the vehicles for the landscape company are stored. CHAIRMAN KAUFMAN: Okay. MR. WEEKS: I've since then put up hedges where you can't see it. Page 44 May 23, 2013 MS. McGONAGLE: Six photographs -- the next six photographs were taken by me on January 24, 2013. They show three different vehicles arriving at the property and three Fields of Green trucks leaving the property. MR. LEFEBVRE: This is estates zoning; is that correct? MS. McGONAGLE: Yes, sir. I apologize they're dark; it was about 6 -- MR. LEFEBVRE: Fifty-eight. MS. McGONAGLE: Correct. CHAIRMAN KAUFMAN: God hadn't turned the sun on yet. MS. McGONAGLE: Okay. The initial inspection was conducted by Investigator Connetta on October 12 finding that a violation existed. He observed employees arriving at the property and then leaving in the company vehicles. On October 24, 2012, I made a site visit and personally served the notice of violation to Maxine, who stated that she did not live there but she was an employee. Numerous site visits have been conducted since the compliance date; employees continue to come to the property, park their personal vehicles, and then leave in the company vehicles. I met with the business owner and tenant, David West, yesterday, and we discussed the violation. He was unaware that employees were not able to come to the property and pick up the vehicles. Since yesterday he has also made some phone calls. He's arranging to find another place to start -- to store the vehicles and have his employees go to pick the vehicles up. CHAIRMAN KAUFMAN: Okay. Thank you. Good morning. MR. WEST: How are you? CHAIRMAN KAUFMAN: Okay. MR. WEST: The reason why I moved out there is to keep my Page 45 May 23, 2013 equipment. I used to have a shop, but I've been broke into a couple times, you know. You know how that goes; cost me $40,000 every time. So I moved out here to keep my vehicles there not knowing that I couldn't keep my vehicles there. So now I'm looking with a real estate agent to try and find a place where I can make a shop that's in zoning where I can keep my equipment without any problems. If I could have at least 90 days to find a place where I could move all my stuff there and get it all taken care of, that would be greatly appreciated. CHAIRMAN KAUFMAN: Well, the first thing we'd have to do is find out if a violation exists. MR. WEST: Right. CHAIRMAN KAUFMAN: Then we go to the second step, should that exist. MR. WEST: Okay. CHAIRMAN KAUFMAN: If it doesn't, that's the end, but -- MR. LEFEBVRE: I make a motion a violation does exists. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion, and a second by Mr. Lavinski. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 46 May 23, 2013 CHAIRMAN KAUFMAN: Carries unanimously. Okay, a violation exists. And you're working to resolve that by -- MR. WEST: Yeah, make a -- finding a shop that I can keep my stuff at, where I can have my employees drive there, take the stuff off the property. CHAIRMAN KAUFMAN: Okay. This is probably -- and I'm just guessing off the top of my head -- a neighbor that was unhappy because of noise in the morning at 6 o'clock in the morning, whatever. MR. WEST: That's the only thing I could think of. My neighbors around me are great. The only thing I could think of is maybe somebody couldn't get in their driveway because I have an electric fence. Maybe they couldn't get in quick enough or something. I'm not sure. CHAIRMAN KAUFMAN: Okay. And how much time do you think that you would need to -- MR. WEST: If I could -- CHAIRMAN KAUFMAN: -- find a -- MR. WEEKS: -- have 90 days to find a place that I'm comfortable with that's safe for me, I'd be happy with that. CHAIRMAN KAUFMAN: Okay. And the costs on this are? MS. McGONAGLE: $80.29. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: I make a motion that -- pay the operational costs of$80.29 within 30 days, and 120 days of this hearing, or a fine of$200 per day will be imposed for Section No. 1, and I think we're going to have to tie Section 1 -- or No. 1 to No. 2, and I'll make 120 days for No. 2, and $200 a day for a fine. MR. HUDSON: Second. MS. McGONAGLE: Would you like me to read the recommendation? Page 47 May 23, 2013 CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: That'd be great, yes. MS. McGONAGLE: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$80.29 incurred in the prosecution of this case within 30 days and abate all violations by, No. 1, applying for and obtaining any and all applicable local business tax receipts from the tax collector to include, but not limited to, a zoning certificate from the Growth Management Division within 120 days of this hearing -- I'm sorry -- blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number 2, must cease all home-occupation activity conducted by anyone other than the occupants of the dwelling and must cease all traffic that is not associated with the allowable residential use to include travel or parking of employees or customers within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number 3, 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. MR. LEFEBVRE: Again, I'm just going to restate my motion. Operational costs of $80.29 within 30 days, 120 days for Section No. 1 and a $200-per-day fine, and then No. 2, 120 days and a $200 fine per day. And it's not only storing your vehicles, but you cannot have any employees come over to your house. MR. WEST: Right. I wasn't aware of that until she told me that, yeah. Page 48 May 23, 2013 MR. LEFEBVRE: I just want to make that very clear. MR. WEST: Yeah, thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. MIESZCAK: I'll second the motion. CHAIRMAN KAUFMAN: Okay. We have a second. Okay. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So instead of 90 days, you have 120 days. So hopefully that should be enough. MR. WEST: Yeah. Thank you, gentlemen. I appreciate it. MR. LEFEBVRE: Have a good day. MR. WEST: Have a good day. MS. CRAWLEY: Number 3, Case CESD20120003571, Properties of S & 0, Inc. (The speaker was duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: 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 panel box; a new hand sink installed with new PVC plumbing piping; a screen enclosure Page 49 May 23, 2013 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 permit, inspections, and certificate of occupancy as required by the Collier County Land Development Code, 04-41, as amended. Location/address where violation exists: 106 South 3rd Street, Immokalee, Florida, 34142; Folio No. 25580760007. Name and address of owner/person in charge of violation location: Properties of S & 0, Inc., registered agent, Oqab Abuoqab, 6821 Lake Devonwood Drive, Fort Myers, Florida, 33908. Date violation first observed: March 9, 2012. Date owner/person in charge given notice of violation: March 19, 2012. Date on/by which violation to be corrected: April 19, 2012. Date of reinspection: March 26, 2013. Results of reinspection: Violation remains. CHAIRMAN KAUFMAN: Good morning, Ed. MR. MORAD: For the record, senior code enforcement investigator, Ed Morad. I would like to present case evidence in the following exhibits: Pictures -- CHAIRMAN KAUFMAN: How many? MR. MORAD: Five. CHAIRMAN KAUFMAN: Five pictures. MR. MORAD: Pictures 1 through 4 were taken by me on March 9, 2012, and Picture No. 5 was taken by me on April 20, 2012. That picture shows the work completed without a permit and after being issued a notice of violation. CHAIRMAN KAUFMAN: Okay. Motion to accept the exhibits? Page 50 May 23, 2013 MR. MIESZCAK: Motion to accept the exhibits. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. MORAD: The FDA mandated that grocery stores who were selling scooped loose ice had to install a hot water source and a sink so their employees could wash their hands, and the ice scooper, before issuing ice to customers. Always, the sink and the ice machine needed to be inside a screen room with a roof and kept locked. The respondent complied with the FDA. The FDA inspector notified our department that the improvements were done without first obtaining the authorization of the required permits, inspections, and certificate of completion. On March 9th I did a site visit, and I observed a small slab that was poured, and on that was a new water heater with electrical wiring going to the outside panel box, PVC piping leading from the water heater to the new sink and to the septic tank. On this date the screen room enclosing the sink and the ice machine was not yet built. A chain-link fence and gate enclosed the sink and ice machine. Page 51 May 23, 2013 I spoke with the store manager, Nadia, who's the sister of the register agent/president of Properties of S & 0, Inc., that's the owner of the property. I advised her that the improvements had to -- made required a permit. She stated she would contact her brother, and he would call me. Ten days later, after not being contacted by anyone, I issued a notice of violation in person with Nadia, the store manager, signing it. April 25, 2012, a permit application was submitted for a screen room, absent electric, plumbing, and fencing on the application. I called the contractor, who is the brother of the registered agent/president of the incorporation and who submitted the application, and I advised him he needed to revise the application to include electric, plumbing, and fencing. At different times within the six-month time frame, I made numerous calls to the respondent, the contractor, and the store manager reminding them their permit application would expire without the revisions added and corrected. The permit application expired October 22nd, 2012, and, as of today, the violation remains. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board as to whether this is a violation or not? MR. MARINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion by Mr. Marino that a violation exists. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And we have a second from Mr. Lavinski. All those in favor? Page 52 May 23, 2013 MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a recommendation? MR. MORAD: Yes, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$80.86 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing, or a fine of blank 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. CHAIRMAN KAUFMAN: Okay. I see, again, this goes back to March of 2012, and they have been unresponsive. Any other comments from the board? MR. MARINO: I'll take it. Page 53 May 23, 2013 CHAIRMAN KAUFMAN: Okay. Tony. MR. MARINO: I'll try to take it. Make a motion that he pays $80.86 court costs within 30 days, the violation be cleared up by -- in 30 days or a fine of$150 a day. CHAIRMAN KAUFMAN: Okay. Just one quick comment. You may want to give more than 30 days to have it fixed, but I -- MR. MARINO: Well, it's been carried on for over a year, so -- CHAIRMAN KAUFMAN: Okay. But I'm just guessing if they would start tomorrow, it's unlikely they'd have their permits and inspections done in 30 days, so -- MR. MIESZCAK: I think he feels they're probably not going to start anyways. MR. LEFEBVRE: I think -- CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: I think 30 days is a little bit short, but I think $150 is not enough either. CHAIRMAN KAUFMAN: I agree. You want to discuss that, Tony? MR. MARINO: Let's try it again. CHAIRMAN KAUFMAN: Okay. MR. MARINO: Violation must be cleared up in 60 days. CHAIRMAN KAUFMAN: Okay. MR. MARINO: And $200 a day. CHAIRMAN KAUFMAN: Okay. Any comments on that, Mr. Lefebvre? MR. LEFEBVRE: Still not good enough, but that's fine. I'll agree. I'll make a motion -- CHAIRMAN KAUFMAN: Do you want to second? MR. MIESZCAK: Second the motion. MR. LEFEBVRE: Second the motion. CHAIRMAN KAUFMAN: Okay. He seconds the motion. Page 54 May 23, 2013 All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. MORAD: Thank you. MS. CRAWLEY: Number 9, Case CESD20130000542, JP Morgan Chase Bank, National Association. CHAIRMAN KAUFMAN: Which number is this? MS. CRAWLEY: Number 9. (The speakers were duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Description of violation: Unpermitted enclosure of carport. Location/address where violation exists: 321 7th Street Northwest, Naples, Florida, 34117; Folio No. 37110520003. Name and address of owner/person in charge of violation location: JP Morgan Chase Bank, National Association, care of C.T. Corporation System, 1200 South Pine Island Road, Plantation, Florida, 33324. Date violation first observed: January 15, 2013. Date owner/person in charge given notice of violation: January 22, 2013. Date on/by which violation to be corrected: February 14, 2013. Page 55 May 23, 2013 Date of reinspection: March 19, 2013. Date of reinspection (sic): Violation remains. CHAIRMAN KAUFMAN: Good morning, Chris. MR. AMBACH: Good morning. How are you? For the record, Investigator Chris Ambach, Collier County Code Enforcement. I would now like to present case evidence in the following exhibits: Three photographs taken by myself dated January 9, 2013, showing the carport enclosure, and one photograph dated March 19, 2013, taken by myself of the original blueprints of the home. MR. MIESZCAK: Motion to approve the three photos. CHAIRMAN KAUFMAN: We have a motion. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. AMBACH: This case was initiated after a sweep of foreclosures in the area. While on site, I observed what appeared to be a fairly new enclosure of the carport, including a window. I researched all databases for permits and found none to exist for the improvement to the lower portion of the home. A notice of violation for the improvements was issued to the Page 56 May 23, 2013 bank that owns the property, and the case was forwarded to our foreclosure investigator for follow-up. After receiving no response from the bank, this case was prepared for today's hearing. As of this morning, the violation remains. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: As you can see in the blueprint, it shows the open area enclosed with concrete and a window. CHAIRMAN KAUFMAN: Mr. Lefebvre? MR. LEFEBVRE: Yes. You said that it looks like it was pretty recent, the work done. MR. AMBACH: Yeah, it does -- yeah, it looks pretty recent. Actually, it looked -- the concrete still looked wet, actually. MR. LEFEBVRE: Kind of odd, because the foreclosure took place on the 10th of-- sorry, August 3, 2010 -- MR. AMBACH: Right. MR. LEFEBVRE: -- is when they took title to the property. MR. AMBACH: They did. MR. LEFEBVRE: So I'm wondering why they would go and enclose it like that. MR. AMBACH: I don't -- last I monitored this -- any of my foreclosures, I baby-sit on a regular basis. Since this case opened, it still looks like that. It still looks wet out there, so I don't know if it was a different kind of concrete. I didn't touch it, obviously, when I was out there, but, you know, it's been about six months since this case was opened, and it looks the same. I don't know when it was done. MR. LEFEBVRE: There's a sticker on that window. MR. AMBACH: There is. MR. LEFEBVRE: Is that an LPS sticker? MR. AMBACH: I think it's actually the manufacturer of the Page 57 May 23, 2013 window itself. MR. LEFEBVRE: Oh, yeah. It looks like the Lender Processing Services sticker they put on when they foreclosure. MR. AMBACH: Yeah. There was -- I believe there were two on the front door, and I forwarded that information over to the foreclosure specialist. I always take those photographs also just as an extra, you know, shot that we might get ahold of someone. MR. LEFEBVRE: Maybe look at -- maybe the date on there. Maybe there's a date on there. Okay. That's neither here nor there. CHAIRMAN KAUFMAN: Any motion from the board as to whether a violation exists? MR. LEFEBVRE: Violation exists. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Chris, have you had any contact with the bank? MR. AMBACH: None. CHAIRMAN KAUFMAN: Has the foreclosure team had any contact? MR. AMBACH: No. The foreclosure team sent three Page 58 May 23, 2013 follow-ups over a period of time, and they never received a response. CHAIRMAN KAUFMAN: So the bank is sort of ignoring the situation. MR. AMBACH: Pretty much. At this point, yes. CHAIRMAN KAUFMAN: It's like the IRS. MR. LEFEBVRE: Do we know if this property is listed at all? MR. AMBACH: It's not listed. I checked this morning. I always -- double-check that also. It was at one point, but it's been pulled. It's not active. CHAIRMAN KAUFMAN: Do you have a recommendation for us? MR. AMBACH: I do, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80.86 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the enclosed carport within blank days of the date of this hearing, or a fine of blank dollars a day will be imposed until the violation's abated; That the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement; That if the respondent fails to abate 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: I think in this particular case, as we've done in the past, when the bank has it and they've been ignoring it, we generally give them a short leash to -- at least, not only to abate it, but to see if we can rattle a cage that somebody might take this on Page 59 May 23, 2013 as something that they want to contact code enforcement with. So that's my comment on that. Any questions or comments or motions from the board? (No response.) CHAIRMAN KAUFMAN: I'll make a motion then. 80.86 paid within 30 days, violation abated within 30 days or a $250-a-day fine. MR. MIESZCAK: I'll second the motion. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. AMBACH: Thank you. MS. CRAWLEY: Number 20, which is the emergency case, Case CENA20130005058, PNC Bank N A. (The speakers were duly sworn and indicated in the affirmative.) MS. CRAWLEY: Violation of ordinance, the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and 54-179. Description of violation: Accumulation of litter consisting of tires, construction material, and plastic drums. Location/address where violation exists: 1861 8th Street Northeast, Naples, Florida, 34120; Folio No. 37751040007. Page 60 May 23, 2013 Name and address of owner/person in charge of violation location: PNC Bank N A, 3232 New Mark Drive, Miamisburg, Ohio, 45342. Date violation first observed: April 8, 2013. Date owner/person in charge given notice of violation: April 11, 2013. Date on/by which violation to be corrected: April 24, 2013. Date of reinspection: May 21, 2013. Results of reinspection: Noncompliant. MR. LETOURNEAU: Good morning. CHAIRMAN KAUFMAN: Good morning, Jeff. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I would now like to present case evidence in the following exhibits: I've got one aerial GIS map and 13 pictures taken by pollution control on three separate sheets here. CHAIRMAN KAUFMAN: Okay. MR. MIESZCAK: Motion to accept the photos. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second by Mr. Lavinski. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 61 May 23, 2013 CHAIRMAN KAUFMAN: Carries unanimously. MR. LETOURNEAU: On April 8, 2013, we received a complaint regarding litter, including possible hazardous waste, on this property. Code Investigator Davis observed litter consisting of tires, various types of construction debris, and plastic drums from a neighboring property. Due to the complaint of hazardous material, I contacted pollution control, and they conducted a site visit and observed what you're going to see in these following pictures here. It's various hazardous waste products including vehicle fluids and oil. At this time I'm going to introduce Richard Orth from pollution control, and he'll go over the aerial and the pictures for you. MR. ORTH: Good morning, Richard Orth, Collier County Pollution Control. CHAIRMAN KAUFMAN: Okay, Richard. MR. ORTH: The first photo is the aerial. The area identified in the red is the area where we found the contamination and the hazardous materials related to truck maintenance, operation and repairs. The first thing I want to identify is the supply well -- water supply well for the residence, which is in the white area close to where the address is located right there, and adjacent to that is other residences with other single-family potable wells. Geology is dependent on the surficial aquifer, and hazardous waste products like this left behind is a quick detriment to public health and safety, and it needs to be abated as quickly as possible to keep the property livable and adjacent properties. MR. L'ESPERANCE: Can I ask a question? About how deep are these residential wells? MR. ORTH: I believe this well is cased to 60, open hole to 80. They're in the upper shallow surficial aquifer. Page 62 May 23, 2013 MR. L'ESPERANCE: Thank you very much. MR. ORTH: But we surveyed the property. We found a lot of vegetative overgrowth. And entangled in the vegetative overgrowth, we found a lot of storage containers that contain used oil, hydraulic fluid, and hazardous waste. Given the way the vegetation had entangled itself around some of these containers, some time, if not two or three years, must have elapsed. CHAIRMAN KAUFMAN: Were they running a business out of there, in your opinion? MR. ORTH: I can't answer that. I don't know. I'm new to the case. Whether it was a business or -- comments from the other neighbors is that he was doing quite a bit of maintenance beyond the ownership of one truck. CHAIRMAN KAUFMAN: Okay. MR. ORTH: The area in the back had a maintenance stall built up with some rigging for lifting. Equipment, we found frames of large trucks surrounded around the property. Mostly it was five-gallon canisters here and there of used oil to totally large -- enough of the large amounts, and then there was a lot of leakage on the ground. We reported that to the FDEP, and they considered it a site cleanup. We contacted the bank. The bank sent out bids for a proposal. They received the bids, and correspondence we have from them says they're in the process of cleaning it up. MR. LEFEBVRE: Would this rise to the level of a criminal activity? MR. ORTH: I couldn't answer that, as to whether it was criminal, not being an attorney or a deputy. MR. LEFEBVRE: Right. I'm just wondering if there may be -- before anything gets disturbed and moved, if it may be beneficial to notify the Sheriffs Department to see if there's any criminal charges Page 63 May 23, 2013 that could be brought against the previous owner. MR. LETOURNEAU: From what I can gather from the complainant, who is the direct neighbor, they were just running a trucking business for years and years and years back there using this area right here, basically, to change the oil, whatever, transmission fluids of the trucks, and then just storing them in the various containers around the property. I really don't know if it rises to a criminal activity. It's just more of illegal code activity at that point. MR. LEFEBVRE: Okay. MR. LETOURNEAU: I did talk with the bank representative on May 21st, a Ms. Lakowski (phonetic), and advised her of this hearing today. She stated that they have received bids for the hazardous waste cleanup and are waiting on bid approval. She stated that they were trying to fast track the issue to get it taken care of as soon as possible, but they realize we had to take this to the hearing at this time. MR. LEFEBVRE: I make a motion a violation does exist. MR. MIESZCAK: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Page 64 May 23, 2013 Do you have a recommendation, Jeff? MR. LETOURNEAU: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days and abate all violations by obtaining the services of a licensed hazardous waste removal company to remove all litter, including the hazardous waste, to a site intended for such disposal within blank days of this hearing, or a fine of blank amount will be imposed for each day the violation remains. CHAIRMAN KAUFMAN: Okay. Any comments from the board? (No response.) CHAIRMAN KAUFMAN: Anybody like to try to fill in the blanks? MR. LEFEBVRE: What's the maximum that we can fine on the first violation? CHAIRMAN KAUFMAN: A thousand dollars a day. MR. LEFEBVRE: Thousand dollars a day. Okay. MR. MIESZCAK: You know, I probably feel like you do, but what bothers me, if it's too restrictive for them to do anything, I would worry about them just taking it and dumping it in their yard and be done with it. CHAIRMAN KAUFMAN: Well, did people -- this is a bank that owns it now, so -- MR. LEFEBVRE: The bank owns it, right. CHAIRMAN KAUFMAN: So it's -- I think that the bank is attempting to do it the right way, and maybe they just need a nudge to have it done sooner rather than later. MR. MIESZCAK: Well, I agree there. I agree with that. MR. LEFEBVRE: I'll take a stab at it. CHAIRMAN KAUFMAN: Okay. Page 65 May 23, 2013 MR. LEFEBVRE: $80.57 within 30 days, dispose of everything within 30 days, or a fine of$500 a day will be imposed. MR. LETOURNEAU: I'd also like to add, the Paragraph 2, the respondent must notify code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation 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. I'll second your motion, Gerald. In addition, I would hope that the bank would be notified of this disposition, and they may say we already have somebody in line, and maybe they'll be able to get this cleaned up in 40 days instead of 30 days, in which case it can be brought back and we can take the necessary actions at that time. MR. LETOURNEAU: I did inform Ms. Lakowski that I would call her after this hearing and let her know the outcome of it. CHAIRMAN KAUFMAN: Okay. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? Page 66 May 23, 2013 (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: How are your fingers doing? THE COURT REPORTER: I could use a break. CHAIRMAN KAUFMAN: Why don't we take 10 minutes. (A brief recess was had.) CHAIRMAN KAUFMAN: Okay. We're back in session. And I think we're now up to imposition of fines. MS. CRAWLEY: Number 5, old business, A, motion for imposition of fines/liens. Number 1, Case CEPM20120009999, Saddlebrook Apartments, LLC. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. MR. BOSA: For the record, Ralph Bosa, Collier County Code Enforcement. This is in reference to violations of Collier County code of laws and ordinances, Chapter 22, buildings and building regulations, Article VI, Property Maintenance Code Section 22-231, Subsection 12(f), and Section 22-231, Section 12(b). Location: 8695 Saddlebrook Circle, Naples, Florida, 34104; Folio number of 298120307. Description of violation is metal stairs are rusted through creating a hazardous condition and holes in the ceiling with rotten wood exposed due to water damage. The past orders: On February 28, 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, OR4896, Page 2087 for more information. Page 67 May 23, 2013 This property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. The fines and costs to date are described as the following: Order Item No. 3 and 4, fines at a rate of$500 per day for the period between April 30, 2013, to May 23, 2013, a total of 24 days, for the total of$12,000. Fines continue to accrue. Order Item No. 7, operational costs of 82.29 have not been paid. Total amount to date: $12,082.29. CHAIRMAN KAUFMAN: I remember this case from the past. Has anything been done? MR. BOSA: They have applied for -- they have seven permits. They are issued status, and they're valid until November 19th of this year. That's current as of this morning. CHAIRMAN KAUFMAN: But the -- they haven't paid the $80 and whatever? That hasn't been paid, 82.29? MR. BOSA: No, sir, no. And I spoke with the owners, and I told them to -- you know, they had that to be paid. MR. MARINO: Isn't this the property that was sold, people had the shored-up steps and everything else? CHAIRMAN KAUFMAN: Uh-huh. MR. MARINO: Right. The same people. MR. BOSA: Yes, sir. MR. MARINO: And we gave them time. They haven't even paid the costs. MR. BOSA: Right. CHAIRMAN KAUFMAN: Anybody like to make a motion on this? MR. LAVINSKI: Motion to impose. CHAIRMAN KAUFMAN: We have a motion. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: And a second. Page 68 May 23, 2013 All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. BOSA: Thank you. MS. CRAWLEY: Number 2, Case CESD20120018416, Magaly Amador. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: Once again, for the record, Jeff Letourneau, Collier County Code Enforcement. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 1900 Washburn Avenue, Naples, Florida, 34117; Folio No. 340560006. The violation description: Numerous electrical, plumbing, and HVAC and structural violations. On March 28, 2013, the Code Enforcement Board issued a finding of fact, conclusion of law and order: The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR4909, Page 3212, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. The fines and costs to date are described as the following: Order Page 69 May 23, 2013 Item No. 1 and 2, fines at the rate of$500 per day for the period between April 28, 2013, and May 23, 2013, 26 days, for the total amount of$13,000. Fines continue to accrue. Order Item No. 5, operational costs of$81 .15 have not been paid. Total amount to date: $13,081 .15. CHAIRMAN KAUFMAN: Comments from the board? MR. HUDSON: Motion to impose. MR. LEFEBVRE: Second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Motion to impose, second from Mr. Lavinski. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LETOURNEAU: Thank you. MS. CRAWLEY: Number 3, Case CESD20110006185, Jose F. Casarez. (The speakers were duly sworn and indicated in the affirmative.) MR. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. MR. CASAREZ: Jose Casarez. CHAIRMAN KAUFMAN: Okay, Maria. MS. RODRIGUEZ: Violations: Collier County Land Page 70 May 23, 2013 Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 4806 Miraham Drive, Immokalee, Florida, 34142; Folio No. 63082502. Description: A mobile home installed without first obtaining a Collier County building permit. Past orders: On October 27, 2011, Code Enforcement Board issued a finding of fact, conclusion of law and order: The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR4734, Page 2819 for more information. An extension of time was granted on February 23, 2012. See the attached order of the board, OR4772, Page 1305, for more information. An additional extension of time was granted on June 28, 2012. See the attached order of the board, OR4816, Page 1516, for more information. An additional extension of time was granted on January 23, 2013. See the attached order of the board, OR4883, Page 3360, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of$200 per day for the period between April 25, 2013, through May 23, 2013, total of 29 days, for the total of$5,800. Fines continue to accrue. Order No. 5, operational costs of$80.29 have been paid. Total amount to date, $5,800. CHAIRMAN KAUFMAN: Good morning. MR. CASAREZ: Good morning, sir. CHAIRMAN KAUFMAN: This has been a while. Page 71 May 23, 2013 MR. CASAREZ: Yes. CHAIRMAN KAUFMAN: What have you to say? MR. CASAREZ: First of all is, I'm completely finished, and I went to apply for a permit to get that inspected, and they wouldn't let me have it because I have to have a license, and which I did get in contact with. And I just talked with him today, and he said he'd let me know if he can pull the permits and get it finalized. I mean, everything's done. CHAIRMAN KAUFMAN: Well, this was originally a mobile home that was installed on a piece of property without a permit; is that correct? MR. CASAREZ: Yes, sir. CHAIRMAN KAUFMAN: So what has to -- what was done prior other than getting a permit? MR. CASAREZ: I had to put anchored down at a certain length, and I had to rent a jackhammer to bust the rock and everything, and it took me time. And I had to rent a jackhammer to do that. I had to buy anchors, and -- because the low budget that I'm on right now, I couldn't get it all done in a suitable time. CHAIRMAN KAUFMAN: Okay. I mean, this has more extensions than I've ever seen on any case that we've ever had. MR. CASAREZ: Yes, and I'm sorry for that. CHAIRMAN KAUFMAN: I'm not in favor of doing anything except imposing the fine based on all the extensions that have been given. Once you get this resolved, you have the ability to go back, with the county's blessing, to get the fines either abated or modified. That's my point. MR. LEFEBVRE: The only other option would be the county withdrawing the case. But I'm not in favor of extending -- giving an extension either, as in one case that came in front of us, the lady had a couple extensions -- or she had one extension and was looking for Page 72 May 23, 2013 another one, and I'm not in favor of just granting extensions after extensions. So I would be in favor of denying this. CHAIRMAN KAUFMAN: Is that a motion? MR. LEFEBVRE: Make a motion. CHAIRMAN KAUFMAN: Motion to impose? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: We have a motion to impose. Do we have a second? MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. CHAIRMAN KAUFMAN: Passes 6-1 . Okay. I would think that if you can get this done and go back to the county, you may be able to resolve the situation. But to grant another extension after an extension is just not an option for us. MR. CASAREZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. LEFEBVRE: Would it be correct that if he does get this resolved, then his option would be to go in front of the commissioners; is that correct? MS. RAWSON: To waive the fine. MR. LEFEBVRE: To waive the fine. MR. MIESZCAK: Right. MR. CASAREZ: Thank you. Page 73 May 23, 2013 MS. CRAWLEY: Number 4, Case CESD20110005820, Eric T. Rodriguez. (The speaker was duly sworn and indicated in the affirmative.) MR. BOSA: Good morning, again. For the record, Ralph Bosa, Collier County Code Enforcement. It's in reference to violations of ordinance No. 04-41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a). Location of 5460 28th Avenue Southwest, Naples, Florida, 34116; folio number of 36319120001 . Description of violation: Addition to the house unpermitted. In the past orders, on November 18, 2011, the Code Enforcement Board issued a finding of-- 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, OR4744, Page 1136, for more information. An extension of time was granted on March 22, 2012. See the attached order of the board, OR4784 Page 1833, for more information. An additional extension of time was granted on October 25, 2012. See the attached order of the board, OR4853, Page 1150, for more information. The property is in compliance with the Code Enforcement Board orders as of May 8, 2013. Fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of $200 per day for the period between March 25, 2013, to May 8, 2013, 45 days, for the total of $9,000. Order Item No. 5, operational costs of$81 .43 have been paid. Total amount to date, $9,000. The county recommends full abatement of fines, as the violation is abated and operational costs have been paid. Page 74 May 23, 2013 MR. MIESZCAK: Make a motion to abate. 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. BOSA: Thank you. MS. CRAWLEY: Number 5, Case CESD20120018268, Leovigildo Mas. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Violation is of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location: 1825 Washburn Avenue, Naples, Florida, 34117; Folio No. 337600005. Violation description: Numerous electrical, plumbing, HVAC, and structural violations. Past order: On March 28, 2013, the Code Enforcement Board issued a findings of fact, conclusion of law and order: The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR4909, Page 75 May 23, 2013 Page 3199, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. CHAIRMAN KAUFMAN: Can I stop you a second, Jeff? MR. LETOURNEAU: Sure. CHAIRMAN KAUFMAN: If you go back to the order number, could you read those numbers again? MR. LETOURNEAU: OR4909, Page 3199. CHAIRMAN KAUFMAN: Yeah, I have different numbers on mine for some reason. MR. MARINO: I don't. CHAIRMAN KAUFMAN: I have 4895 and 2436. MR. LEFEBVRE: You have the wrong one. CHAIRMAN KAUFMAN: Ah, okay. MR. LETOURNEAU: That's the next one, I believe. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: All right. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at the rate of $500 per day for the period between April 28, 2013, and May 23, 2013, 26 days, for the total amount of$13,000. Fines continue to accrue. Order Item No. 5, operational costs of $80.57 have not been paid. Total amount to date: $13,080.57. MR. MIESZCAK: 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. Page 76 May 23, 2013 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. CRAWLEY: Number 6, Case CESD201 10001 130, Luke and Jennifer J. Werner. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: Jeff Letourneau, Collier County Code Enforcement. Violation: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and the 2010 Florida Building Code, Section 105. 1 . Violation location: 441 35th Avenue Northeast, Naples, Florida, 34120; Folio No. 38506840008. Violation description: Fencing with canceled permit and an expired permit for a constructed animal barn with electric. Past order: On February 28, 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, OR4895, Page 2436, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. The fines and costs to date are described as the following: Order Items No. 1 and 2, fines at the rate of$200 per day for the period between April 30, 2013, and May 23, 2013, 24 days, for the total amount of$4,800. Fines continue to accrue. Operational costs of$80.86 have not been paid. Page 77 May 23, 2013 Total amount to date: $4,880.86. MR. MIESZCAK: Motion to impose the fine. CHAIRMAN KAUFMAN: Motion to impose. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second by Mr. Lavinski. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LETOURNEAU: Thank you. MS. CRAWLEY: Number 7, Case CESD20090016590, Mark G. Martin. MS. SCAVONE: For the record, Michelle Scavone, Collier County Code Enforcement investigator. Violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1(a), and 2010 Florida Building Code, Sections 105 and 101 .1 . Location: 4834 Devon Circle, Naples, Florida, 34112; Folio No. 63150360006. Description: Addition for Permit No. 1999030663 without certificate of completion/occupancy. Fence erected with Permit No. 2001011231 without a certificate of completion or occupancy and a bump-out addition with no permits. Past order: On February 28, 2013, the Code Enforcement Board Page 78 May 23, 2013 issued a finding of fact, conclusion of law and order: The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR4895, Page 2406, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of$200 per day for the period between April 30, 2013, and May 23, 2013, 24 days, for a total of $4,800. Fines continue to accrue. Order Item No. 5, operational costs of$80.86 have not been paid. Total amount to date, $4,880.86. MR. MIESZCAK: Motion to impose the fine. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. SCAVONE: Thank you. MS. CRAWLEY: Number 9, Case CESD20120007391, Peter Salazar Lopez and Monica O. Coariti DeSalazar. The next three cases are the same owner, and I believe they have Page 79 May 23, 2013 someone here to request an extension. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) MR. SERMENTE: Good morning, again, members of the board. CHAIRMAN KAUFMAN: Before you go, why don't we read them. MR. BOSA: Want me to read all three? CHAIRMAN KAUFMAN: Yeah. Well, read the first one, and we can go from there. MR. BOSA: This is in reference to violations, Collier County Land Development Code 04-41, as amended, Section 10.2.6(B)(1)(a). Location: 12355 Collier Boulevard, Unit G, Naples, Florida, 34116; Folio No. 56200000142. Description of the violation: Doorway of commercial unit enclosed with drywall without a permit. Past order: On September 27, 2012, the Code Enforcement Board issued a findings 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, OR4844, Page 289, for more information. An extension of time was granted on February 28, 2013. See the attached order of the board, OR4895, Page 2412, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 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 April 30, 2013, through May 23, 2013, a total of 24 days, for the total $4,800, and fines continue to accrue. Order Item No. 5, operational costs of$80.29 have been paid. Total amount to date, $4,800. Page 80 May 23, 2013 CHAIRMAN KAUFMAN: Okay. Can you give your name, for the record. MR. SERMENTE: Octavio Sermente, Jr. CHAIRMAN KAUFMAN: And you are? MR. SERMENTE: I'm the agent working with Niam (phonetic) Construction, Niam Financial and the owners. CHAIRMAN KAUFMAN: Okay. MR. SERMENTE: The owner wouldn't be able to appear today himself because he's out of the country. CHAIRMAN KAUFMAN: And he's aware that you're here representing him? MR. SERMENTE: Yeah, he's aware, yes. I was here last time with him as well, but he needed to be out and wasn't going to be able to be here. CHAIRMAN KAUFMAN: Okay. MR. SERMENTE: And last time I did request 180 -- I think it was 90 days that we got. We did the -- got a new engineer to work on this project. From the three cases, we've got one already done, and we already pay for the permit. We are not being able to pick up the permit because all these three cases are being submitted with one set of plans. So when they all are approved and paid for, then we'll be able to pick them up, but one of the cases is already approved and paid for. CHAIRMAN KAUFMAN: Okay. On this particular case? MR. SERMENTE: Which one is the first one, Ralph? MR. BOSA: This is the one with the doorway of the commercial unit. MR. SERMENTE: The doorway still is on rejection right now, and the electrical. The one that is already taken care of is the plumbing. CHAIRMAN KAUFMAN: So since September of 2012 -- Page 81 May 23, 2013 MR. SERMENTE: Yes. CHAIRMAN KAUFMAN: -- what has been done? MR. SERMENTE: All the paperworks, all the permits, all the inspections between -- I didn't get this case until probably the last year of the -- I don't remember the date. Because I wasn't handling it until about six months ago, more or less. This was passed on to other people from owner to owner. Niam Financial's the one that's handling now the -- for the owner or part of the owners for these cases. I have an engineer working on this. I'm having trouble. He's -- I don't know if it's overbooked on his work. I've been doing inspections with him. We're doing a floor plan. The problem is is this building was built back in '82. There was no site development plan, there were no plans for this building. We worked on doing all the measurement of the whole building itself in order to be able to do plans and submit the permits. The violations were actually a doorway or a door that was never used, and they just took out the door and put the wall on it. They sealed it, of course, without a permit. And due to the fact that, apparently, the prior owners of that upstairs building, they did a lot of stuff without permits. So we're trying to get everything to comply with today's code, and that's what makes it a little difficult. We're getting a lot of rejections from the review department on the county. And every time we get a rejection, the engineer takes a while to go back and -- you know, so I could submit the corrections. So time flies between, you know, being behind this engineer to getting the things done. And I know I was just mentioning to Ralph here that if I don't see any changes on this other rejection that I have right now, I'm going to have to put another -- a new engineer on the job. Page 82 May 23, 2013 So I'm right behind the engineer trying to get things rolling, trying to comply with the time that you guys gave us. CHAIRMAN KAUFMAN: Yeah. When I look at this, I mean, I see February 27, 2012. That was when the first case was heard. That's February of 2012. MR. SERMENTE: Right. CHAIRMAN KAUFMAN: In February, that's a year later, this came before us again. MR. SERMENTE: Yeah. I think I was here for the February one, right. CHAIRMAN KAUFMAN: Okay, for the second February one. MR. SERMENTE: Yes, yes. CHAIRMAN KAUFMAN: And it just seems like it's going on and on and on. What does the county say about the length of time this is taking, the progress that you've seen going on with this? MR. BOSI: Based on the information I had yesterday, it has taken quite a while. It was heard in September. Shortly after, a few months later, then the permits were applied for, and -- so it has taken a long time. He has the -- if you do impose, I mean, he does have the option of going in front of the board and -- once he comes into compliance. MR. MIESZCAK: The thing that bothers me the most is here we have a commercial doorway. It's probably used for safety for people going in and out or whatever, and they board it up. And we just had a case a couple months back where there was a commercial building, and they just took down a wall for his convenience in the store and nobody knew about it for three or four years. And then when he came before the code, he had to put it back up. So, you know, a commercial building, you're taking apart or closing doors, that's a safety issue to me. Page 83 May 23, 2013 MR. SERMENTE: Yes, sir. MR. MIESZCAK: I have a motion here to impose the fine. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. This is on -- MR. MIESZCAK: Number 9. CHAIRMAN KAUFMAN: -- this one, which is ending in 7391 . All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. CHAIRMAN KAUFMAN: Okay. Six-one, which moves us to the second case. MS. CRAWLEY: CESD20120007393, Peter Salazar Lopez and Monica O. Coariti DeSalazar. (The speakers were duly sworn and indicated in the affirmative.) MR. BOSA: Again, for the record, Ralph Bosa, Collier County Code Enforcement. This is in reference to violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 12355 Collier Boulevard, Unit F, Naples, Florida, 34116; Folio No. 56200000126. Description of violation is a P-trap assembly for a bathroom sink was changed in commercial unit without a permit. And the past orders, on September 27, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and Page 84 May 23, 2013 order: The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR4844, Page 295 for more information. An extension of time was granted on February 28, 2013. See the attached order of the board, OR4895, Page 2410, for more information. The property is not in compliance with the Code Enforcement Board orders as of May 23, 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 April 30, 2013, to May 23, 2013, 24 days, for the total of $4,800. Fines continue to accrue. Order Item No. 5, operational costs of$80.29, have been paid. The total amount to date: $4,800. CHAIRMAN KAUFMAN: Okay. This case doesn't seem -- and this is a P trap that was installed in a sink. My question is -- MR. SERMENTE: That's -- CHAIRMAN KAUFMAN: Is that correct? MR. SERMENTE: That's already done. That -- the permit's been approved and paid for. CHAIRMAN KAUFMAN: That's the permit. And that's -- the inspection was done? MR. SERMENTE: Everything's done on it. The only thing, like I said, we submitted one plan with three cases, and we're not able to pick it up. But it's already -- it's been taken care of. CHAIRMAN KAUFMAN: That's the permit. MR. SERMENTE: Yes. CHAIRMAN KAUFMAN: And after the permit is issued, then there are inspections. MR. SERMENTE: That one is already -- it was signed by a licensed contractor for plumbing. It was simple, the P trap, like I said, Page 85 May 23, 2013 and it's certified, it's already done, the job. I mean, I don't think the inspections will be done. It's like sort of a certified letter from the contractor -- the plumber contractor. And that's part of the permit that was submitted. So that one's already taken care of. The only thing, that's still together with the old case. But I'm not being able to pick up the permit because it's all together with one set of plans, but we already -- we paid for the permit. MR. BOSA: The permit is ready for issuance, but they don't have the permit in hand to call in the inspections. What the building department's done is they've connected all these three together, and until these other two permits are resolved, they won't commence inspections on that plumbing permit. MR. SERMENTE: It most likely will be only, like, a final inspection or -- MR. BOSI: Probably one -- MR. SERMENTE: One inspection only. But we won't be able to call in the inspections on this. I tried to talk to the guys in the county about it, but they're all together, all three cases. But that's the first one that we already, you know, got okayed and approved. CHAIRMAN KAUFMAN: Okay. The work has been done. The permit has not been issued yet. They may -- they have it, but if you don't have it, you can't call in the inspection. MR. SERMENTE: Unfortunately, because they're all together, right. CHAIRMAN KAUFMAN: I understand. Any questions from the board? (No response.) CHAIRMAN KAUFMAN: How long do you think it would take until this is done, this one and the other one that's below it? MR. SERMENTE: Well, the other two that are open, we -- we're Page 86 May 23, 2013 on the second rejection with the engineer. It's a slow way of him getting everything ready for me to submit the permits and the corrections. But I was hoping to get more time in order to -- if every reason, I don't see any reactions, I will have to put a new engineer on the case. But as it is, I already spoke to him. He says he's on it. I don't know what "on it" means, because I spoke to him last week, and he said that he was going to work on it, and I haven't heard from him yet. So I can say it could be another month; it could be two months. I know it looks simple, but just between the county and the engineer getting these things approved, it's the one that -- it's being -- consuming a lot of time back and forth, you know, the rejections and the reviews. CHAIRMAN KAUFMAN: The only thing that concerns me is the date of September 27, 2012, and now we're here in end of May in 2013. MR. SERMENTE: I understand. CHAIRMAN KAUFMAN: For something that was relatively simple to take this much time is -- MR. SERMENTE: You said it's simple. It was one electric, one P trap, and the one door. The door was actually a door that was in between a bathroom. It was not an exit or any egress from the building. CHAIRMAN KAUFMAN: Houses are built in shorter periods of time than it takes here to fix a P trap, a door, and some electrical work. MR. SERMENTE: Yeah. The problem is just the old codes -- old building, new codes, and review on the engineer. And I'm in between trying to get everything accomplished, and -- CHAIRMAN KAUFMAN: Any motions from the board? MR. LAVINSKI: Motion to impose. MR. MIESCZAK: I'll second. Page 87 May 23, 2013 CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. CHAIRMAN KAUFMAN: No, no unanimously; 6-1 . MR. MIESZCAK: Mr. Hudson. MS. CRAWLEY: Number 11, Case CESD20120007390, Peter Salazar Lopez and Monica O. Coariti DeSalazar. (The speakers were duly sworn and indicated in the affirmative.) MR. BOSA: Ralph Bosa, Collier County Code Enforcement. This is in reference to violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 12355 Collier Boulevard, Unit 1, Naples, Florida, 34116. It's Folio No. 56200000184. Description of violation: Electrical alterations done in commercial unit without a permit. Past orders: On September 27, 2012, the Code Enforcement Board issued a findings 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, OR4844, Page 292, for more information. An extension of time was granted on February 28, 2013. See the attached order of the board, OR4895, Page 2408, for more information. Page 88 May 23, 2013 The property is not in compliance with the Code Enforcement Board orders as of May 23, 2013. Fines and costs to date are described as the following: Order Item No. 1 and 2, fines at a rate of$200 per day for the period between April 30, 2013, to May 23, 2013, 24 days, for the total of $4,800. Fines continue to accrue. Order Item No. 5, operational costs of$80.29 have been paid. Total amount to date: $4,800. CHAIRMAN KAUFMAN: Okay. MR. SERMENTE: And in the same situation we are. And like I said, this one is the electric one. It was only a switch and a lamp. I know they did it without a permit. They thought they did it. And the only thing that complicates things is, like I said, the reviewer, the plans, the engineer, I don't know why they're not getting everything together. It's a little difficult, because it's an old building and new codes. And that's the only thing that's consuming a lot of time. I'm going to be right behind the engineer trying to push it to get the corrections as soon as I can. CHAIRMAN KAUFMAN: Okay. Do we have any comments from the board? MR. LAVINSKI: I make a motion to impose. CHAIRMAN KAUFMAN: We have a motion to impose. MR. MARINO: 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. L'ESPERANCE: Aye. Page 89 May 23, 2013 CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. CHAIRMAN KAUFMAN: Carries unanimously -- 6-1 . And you know where to go next? I would get everything done, and then once everything is in compliance, for you to come back and, probably with the county's blessings, go to abate the fines. MR. SERMENTE: Okay. Thank you to the board. CHAIRMAN KAUFMAN: Okay, thank you. Which brings us to motion to rescind a previously issued order, if I'm not mistaken. MS. CRAWLEY: Kelly Condon, Case CENA20130000305. This case actually met the requirements to go through the nuisance abatement process, so we just need to rescind this order. CHAIRMAN KAUFMAN: Okay. Can we get a motion to rescind it? (No response.) CHAIRMAN KAUFMAN: I'll make a motion to rescind it. Can I get a second? MR. L'ESPERANCE: 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. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. Which brings us to the next Page 90 May 23, 2013 to last -- reports from -- MS. CRAWLEY: Number 6, new business. We have a Code Enforcement Board workshop. CHAIRMAN KAUFMAN: Okay. Why don't we put that at the end. MR. MIESZCAK: We just had one. CHAIRMAN KAUFMAN: No, we didn't have it. We kept on putting it off. MR. MIESCZAK: You weren't here when we had it. CHAIRMAN KAUFMAN: I watched it on TV. MR. MARINO: We left early and you decided to hold it another month. CHAIRMAN KAUFMAN: Yeah. I watched it on TV. MR. MARINO: Thank you. CHAIRMAN KAUFMAN: Why don't we have Diane give us her information, then we'll do that last. I don't think it will take long. MS. FLAGG: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MARINO: Good morning. MS. FLAGG: So let me give you the department statistics. As of May 12th, the lenders and the banks have paid $3.2 million to abate 2,834 violations. Obviously, that 3.2 million represents savings to the taxpayers because we don't have to spend money to abate the violations. Additionally, as you all discussed today at the meeting in regard to waiving fines, once the property is in compliance, because our goal is compliance, $12,200,000 in fines have been waived since July '09. Moving down to where we're at as far as this fiscal year, the fiscal year started October 1st of 2012 and goes through September 30. So as of May 12th, the lenders and banks have paid $228,000 to abate violations, and they've abated 209 violations. Page 91 May 23, 2013 There's been 3,700 code cases opened, 2,300 educational patrols. An educational patrol is when the investigator observes a violation and does a meet-and-greet with the property owner to let them know that they need a permit for a fence or whatever they observe. And they give the -- before they open a code case, they just do an education with the property owner. And, by and large, property owners address the issue at that point. Number of code case property inspections is 12,418 since October. Cases closed with voluntary compliance is 1,800. As you know, we're very committed to assisting the community members in doing both meet-and-greets, cleanups, and home sweeps. The number of meet-and-greet events where they go out, meet with community members, participate in events, explain to them what the Code of Laws and Ordinances are of the Board of County Commissioners, they've done 36 events since October. They've done 15 cleanup events. A cleanup events is where they provide, in conjunction with public utilities, free dumpsters as part of the Waste Management contract. They have the dumpsters delivered, and then they help community members get rid of their litter and debris at no cost to them. And then they have completed seven vacant home sweeps, and they're averaging right now about a thousand vacant homes in Collier County. Moving down to the amount of fines waived just this year is 3.6 million. Then the number of lien searches -- and as you-all talked about, a lien search is a service that we began providing to the community where, before they purchase a property, that they can contact our office, and we'll let them know if there are any code cases on the property, if any orders have been issued on the property. Page 92 May 23, 2013 And of those 4,865 lien searches, 185 did identify open code cases, so that saved 185 community members from buying a home without knowing what the issues were. The number of permits issued -- these are free permits for garage sale and recreational vehicle -- is 1,826. And, also, for the garage sale and recreational vehicle, a lot of times people don't know that they need that permit, and so the investigator, when they observe that they don't have a permit, they'll actually give them a permit right then and then record it, because the board has asked us to keep track, according to the code, of time frames. They can only have so many garage sales in a year time frame, so many days that they can have a recreational vehicle. But, again, those are all free permits. The -- we also have an office that processes the citations for Domestic Animal Services, public utilities, parks and recs, and Sheriffs Office, and we've administered 3,520 citations for those departments and agencies. And the last is, the average time from complaint of a community member to the initial inspection is two days. And I believe that's it. CHAIRMAN KAUFMAN: Well, great. Thank you very much. MR. MARINO: Diane, do we have an idea of how many foreclosures there are in the county? MS. FLAGG: There are, since January 2008, over 26,000 lis pendens have been filed for properties in Collier County. And a lis pendens is the bank or lender's first step that they take when they are saying that they're intending to foreclosure due to default of payments. CHAIRMAN KAUFMAN: Okay. Any other questions of Diane from the board? (No response.) CHAIRMAN KAUFMAN: Which brings us into our review of the -- what's the property name -- the rules and regulations. I have one Page 93 May 23, 2013 or two that I would like to suggest. Let me just go from that, and then if anybody else has anything. The first thing I'd like to do on Article VI, order of business, I would like to follow the lead of the County Commissioners and the planning board in starting our meetings with the Pledge of Allegiance. Should we discuss that now and vote on it? MR. L'ESPERANCE: One question I have. Does that need any type of review by the legal department or are we clear on that? MR. MIESZCAK: No. Legal department? It's up to us. CHAIRMAN KAUFMAN: The planning board does it, and the County Commissioners do it, so -- MR. MIESZCAK: Well, I make a motion we do it. MR. L'ESPERANCE: And I second that motion. MR. MARINO: And Jean's trying to talk. MS. RAWSON: No, I don't know of any law or ordinance -- MR. MIESZCAK: That they can't. MS. RAWSON: -- in the State of Florida that makes it illegal. MR. L'ESPERANCE: And I second that motion. MR. MARINO: We'll defy it anyway. CHAIRMAN KAUFMAN: All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: I've got a question. MR. MIESZCAK: Who's going to get the flag? MR. LEFEBVRE: The workshop is still part of the meeting? Page 94 May 23, 2013 MS. FLAGG: Yes, sir. MR. LEFEBVRE: Usually in workshops you can't take notes. CHAIRMAN KAUFMAN: I had another comment on Page No. 8, which is Article X, the first, second, third, fourth, fifth, sixth -- seventh line down on the right-hand side, it says, "violation cannot be abate." I just wanted to change that -- that's a typo of some sort -- to English. That's all the comments I have on rules and regulations. Anybody have any? MR. LAVINSKI: Yeah. I have a question. I'm not sure if it's for Diane or Jean. On Page 4, Article VII, Section 1, the last sentence, no member of the board may initiate action before the board. What are the board members' options? CHAIRMAN KAUFMAN: I think what they're saying is that you can't bring one up while you're on the board. You can submit a violation, but then you'd have to recuse yourself when it comes before the board, if it comes here or before a magistrate. Am I correct? MS. RAWSON: The code enforcement department is, if you will, the prosecutor; not you guys. You're the judges. So there's a real difference in your roles. So it would be improper for you to come forth at a board meeting and say, well, I have a case I want us to hear. You know, I know where there's a code violation in my neighborhood. So basically you're the judges, and they present the cases to you, and you determine whether or not there's been a violation. So you, as a member of the board, can't initiate any action. That doesn't mean that you can't call and make a complaint as a citizen. CHAIRMAN KAUFMAN: You can't do it at the time of the board meeting. MS. RAWSON: Oh, right, right. Page 95 May 23, 2013 CHAIRMAN KAUFMAN: Okay. MS. RAWSON: And if you call and make a complaint, like any other citizen, you certainly have the right to do that. And if you then want to recuse yourself when that one comes before the board, that would probably be a good idea. MR. LAVINSKI: Okay. But that sentence then does not mean that any of us cannot file a complaint with the code office? MS. RAWSON: No, certainly not. MR. MIESZCAK: You're still a citizen. CHAIRMAN KAUFMAN: You're still a citizen. You can vote, too. MR. MARINO: I can't complain about you. MR. LAVINSKI: Okay. So we can actually go to Diane's office, file a complaint. You don't do anonymous anymore, correct? MS. FLAGG: Correct. MR. LAVINSKI: Okay. But we can do that. And then if that ever gets this far, we'd have to excuse ourselves. MS. RAWSON: Well, you would, because you're not anonymous. MR. LAVINSKI: Okay. We like to be sometimes. Okay. That answers my question. CHAIRMAN KAUFMAN: Okay. Somebody's asked a question a while back on what the maximum fine was going to be, and it's $1,000 as listed in here, per day. MS. RAWSON: Yes. CHAIRMAN KAUFMAN: Any other comments from the board on any changes they'd like to see? I have one question. We're missing one alternate. Is that being advertised or -- MS. FLAGG: I believe the paperwork has been submitted. That's handled by the board office, but we can check on that for you. Page 96 May 23, 2013 CHAIRMAN KAUFMAN: Okay. And if we could, could we get an updated list of everybody that's on the board with their contact information? MS. FLAGG: Absolutely. CHAIRMAN KAUFMAN: Any other comments on the rules and regs? MR. MIESZCAK: I have one question. When you say "contact," I mean, you're looking to contact us? CHAIRMAN KAUFMAN: I might. MR. MIESZCAK: What about sunshine? CHAIRMAN KAUFMAN: What about it? I'll call you during night. No. I believe it even says, it's -- that if you can't make a meeting, you can call the secretary or you can call me. MR. MIESZCAK: Okay. CHAIRMAN KAUFMAN: Is that correct? MS. FLAGG: We would prefer you to call the secretary. CHAIRMAN KAUFMAN: I understand that. But he was asking if there's a reason that the contact information should be on there. I mean, you don't have to provide it, but it would be handy if-- for instance, if we were having a get-together, we'd like to know where to send the invitation to. MR. MIESZCAK: Also, we're going to Kelly's Poolroom to talk about stuff. MR. MARINO: Are you inviting us to an event? MR. MIESZCAK: Jean, can I ask you a question? MS. RAWSON: Yes. MR. MIESZCAK: Because this -- I know they're real strict. A lot of states are not as strict as Florida. But two people meeting and discussing something is what they worry about. MS. RAWSON: Of course, or three. MR. MIESZCAK: So how do you not -- well, why can't you Page 97 May 23, 2013 meet somebody but you're not discussing something? MS. RAWSON: Well, ostensibly you can, you know, but it certainly does not present a very good image if all of you went to lunch after this and said, hey, let's talk about this case that's coming up next month. MR. MIESZCAK: So we're better off staying enemies? MS. RAWSON: Well, you don't have to be enemies. You just have to be very careful, because you cannot discuss any cases that are going to come before this board. MR. MIESZCAK: We understand that. We understand that. It's just that I thought that like, say, we all met somewhere and -- in a grocery store or something, three of us were talking about something else, you know, that could happen. MS. RAWSON: Well, it certainly could. It's a smaller town than you might think, especially now. But you just can't discuss any cases that might come before the board. MR. MIESZCAK: But, I mean, it's okay to stand around and talk about something else, though, right? MR. MARINO: You can talk about where you're going; you can talk about where you're drinking. MR. MIESZCAK: Well, see, you frown on it, but you frown on MS. RAWSON: Well, because I'm thinking about other incidences that have happened over the years; school board members riding together to a school board meeting in Immokalee were criticized. County Commissioners that were leaning back in their chair to talk to another commissioner during the meeting were criticized. You just have to be very careful that you don't even, you know, give the hint of any impropriety. That's all. MR. MIESZCAK: Okay. MR. MARINO: You could talk about past issues. You can't talk Page 98 May 23, 2013 about stuff coming up. CHAIRMAN KAUFMAN: It's a public record. MS. RAWSON: It is. MR. MARINO: Right? MR. MIESZCAK: But you're better off not, is probably -- MS. RAWSON: Well, the chances are -- MR. MIESZCAK: If it comes back, then what do you do? MS. RAWSON: Well, it may come back to you for an extension of time before you impose the fine. So I'd be careful. MR. MIESZCAK: Okay, gentlemen. No more lunch, no more dating, no more messing around. MR. LEFEBVRE: Do you know if the county's going to be having any Sunshine Law seminar? I know we used to do that. MS. FLAGG: They routinely have it. If you would like, we can have one of the county attorneys provide a Sunshine Law refresher for you or find out where their next class is. MR. LEFEBVRE: I think it's a good idea, because we do have a couple new members, newer members. MR. MIESZCAK: I think a lot of us attended them. I've been to a couple. MR. LEFEBVRE: I've been to a couple, but I probably wouldn't mind going to one. MR. MARINO: I have. When I was on PVAC, I went. MR. LEFEBVRE: I know we have a couple newer members, and we're going to be getting a third, so -- MR. MIESZCAK: I'd like that. MR. LEFEBVRE: It might be a good idea. MR. LAVINSKI: It might behoove us to wait till after the ethics issue is resolved, if it ever is. MS. FLAGG: You're referring to the board's revision of the ordinance? Page 99 May 23, 2013 MR. LAVINSKI: Yeah, in relation to meeting the new state statutes, which supposedly were just approved or about to be approved. That might make -- bring that seminar, you know, a little more information, because that's a critical issue, too. CHAIRMAN KAUFMAN: I think that has more to do with gifts and getting paid to go to meetings, et cetera, et cetera. MR. LAVINSKI: Right. MR. LEFEBVRE: One other thing. There was a case with Marshal, by the name Marshal, where he sued and so forth, and I saw that there was something filed in the courts for June of last year. I don't know exactly what it was. And it named all the members that were on the board back, like, seven years ago, eight years ago. So I don't know who -- MR. MIESZCAK: We were on it. MR. LEFEBVRE: It might be just two of us. I can't remember his first name, but -- MR. MIESZCAK: Barnett. MS. FLAGG: I believe that case was -- they submitted for a Supreme Court hearing, and it was dismissed; however, it was remanded back -- we'll find out for you. It was many years ago. It was, like, 7, 10 years ago. MR. LEFEBVRE: Probably, yeah, something like that. And it's been going through. He's been defending himself and so forth, representing himself. But I saw -- I checked my name on public records, and it came up in June of 2012 something was filed, and -- MR. MIESZCAK: Sherry Burnett was on that. MR. LEFEBVRE: Yeah, Sherry was on it. So I don't know exactly where we stand on that, but it would be nice to get an update on -- MS. FLAGG: We'll find out for you. MR. LEFEBVRE: -- if it's been thrown out or what the case may Page 100 May 23, 2013 be. MR. MARINO: When do we discuss our pay raise? Is it time to adjourn? MR. LEFEBVRE: Motion to adjourn. MR. MIESZCAK: I make the motion to adjourn. MR. MARINO: Second. MR. LEFEBVRE: You'd have to second, because I already made it. CHAIRMAN KAUFMAN: All those in favor? MR. MARINO: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. ***** Page 101 May 23, 2013 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :42 a.m. D RCEMENT BOARD ik / ROBE A UI MAN, Chairman These minutes appro d by the Board on '1U Y 1, dOt 3 presented as resented v or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 102