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CEB Minutes 11/22/2013 CODE ENFORCEMENT BOARD Minutes November 22 , 2013 November 22, 2013 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 22, 2013 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald Lefebvre James Lavinski Lionel L'Esperance Larry Mieszcak Robert Ashton Chris Hudson Tony Marino (Excused) Also Present: Jean Rawson, Attorney to the Board Jeff Wright, Code Enforcement Director Teresa Tooley, Code Enforcement Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: November 22,2013 Location: 3299 Tamiami Trail East,Naples,FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman, Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak Chris Hudson,Alternate Robert Ashton 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. October 24,2013 Hearing 5. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance 1 Motion for Extension of Time 1.GERI BRADLEY CESD20120015571 2. FRANCISCO&OLGA DOMINGUEZ CESD20120010474 3.SERAFIN ORDAZ HERNANDEZ& SARA DE LA ROSA CESD20120002127 4.WILKERT&FIDELENE EUGENE CESD20120003854 5.MARGARITA MALDONANDO&RITA G VEGA CESD20110017799 6.KORESH PROPERTIES LLC CENA20120017641 7.KORESH PROPERTIES LLC CENA20120017644 8.KORESH PROPERTIES LLC CENA20120012782 9.KORESH PROPERTIES LLC CENA20120017639 10. KORESH PROPERTIES LLC CENA20120017643 11.KORESH PROPERTIES LLC CENA20120017642 B. STIPULATIONS 2 C. HEARINGS 1. CASE NO: CESD20130003648 OWNER: JOSE EMILIO MORALES OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION(S) 10.02.06(B)(1)(a)AND 10.02.06(B)(1)(e)(i). UNPERMITTED ELECTRIC,PLUMBING AND ALTERATIONS THROUGHOUT MAIN STRUCTURE. UNPERMITTED SHED WITH UNPERMITTED ELECTRIC AND PLUMBING FOLIO NO: 40183520001 VIOLATION ADDRESS: 3745 RANDALL BLVD NAPLES, FL 34120 2. CASE NO: CESD20120002477 OWNER: JOSE MARTINEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).AN UNPERMITTED ADDITION ATTACHED TO THE REAR ADDITION AND AN UNPERMITTED SHED BUILT WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S), INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY/COMPLETION AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO,A REAR ADDITION WAS PERMITTED, BUT PERMIT HAS EXPIRED PERMIT NUMBER 960014426, WITHOUT THE REQUIRED INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY FOLIO NO: 35540040003 VIOLATION ADDRESS: 1155 W.MAIN ST.,IMMOKALEE,FL. 34142 3. CASE NO: CEPM20130012095 OWNER: TRYON L. LIPPINCOTT OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231 (12)(c), SECTION 22-242. DWELLING IS UNSECURE CREATING A NUISANCE AND ROOF SOFFIT IS IN DISREPAIR FOLIO NO: 35648080004 VIOLATION ADDRESS: 4390 23RD PLACE SW NAPLES,FL 34116 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20130005435 OWNER: PNC BANK NA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(e)(i). GARAGE CONVERSION DOES NOT HAVE PERMIT. FOLIO NO: 37751040007 VIOLATION ADDRESS: 1861 8TH ST NE,NAPLES,FL 34120 3 2. CASE NO: CESD20120006666 OWNER: REAL EST 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(S),INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO(4)EXPIREED PERMITS 2011020704,2011020699, 204110460,920013727 FOLIO NO: 00131360004 VIOLATION ADDRESS: 217 N 15TH ST,IMMOKALEE,FL 34142 3. CASE NO: CEPM20130011083 OWNER: JUAN HERNANDEZ&ADRIANNA GARCIA OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,BUILDINGS AND BUILDING REGULATIONS,PROPERTY MAINTENANCE CODE. ARTICLE VI,CHAPTER 22, SECTIONS 22-242,22-241(1),AND 22-231(12)(i).THE HOME IS VACANT AND UNSECURED WITH A LARGE HOLE IN THE WALL. FOLIO NO: 37060160005 VIOLATION ADDRESS: 1521 GOLDEN GATE BLVD W.,NAPLES,FL 34120 4. CASE NO: CESD20130001772 OWNER: LJUBINKA PAVICEVIC OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS. COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). GARAGE CONVERSION WITHOUT COLLIER COUNTY PERMITS,AND PERMIT 2004121935 FOR DOUBLE DOORS AT REAR OF STRUCTURE WITHOUT CERTIFICATE OF COMPLETION/OCCUPANCY FOLIO NO: 32483160001 VIOLATION ADDRESS: 4638 ROBIN AVE,NAPLES,FL 34104 5. CASE NO: CESD20120015193 OWNER: MARK&ANN SHORES OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). INTERIOR AND EXTERIOR MODIFICATIONS TO THE HOME WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS, INSPECTIONS,AND A CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 37544720000 VIOLATION ADDRESS: 431 12TH AVE NW,NAPLES,FL., 34120 4 6. CASE NO: CESD20130008411 OWNER: CHARLES H. FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a).DETACHED GARAGE WITH PARTIAL COMPLETION HAS CANCELLED PERMIT FOLIO NO: 37641240001 ADDRESS: 2860 8TH ST NW,NAPLES,FL 34120 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- January 23,2014 12. ADJOURN 5 November 22, 2013 CHAIRMAN KAUFMAN: Good morning. 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. I'd like to have everybody stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out with the roll call. MS. TOOLEY: Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. TOOLEY: Gerald Lefebvre? MR. LEFEBVRE: Present. MS. TOOLEY: James Lavinski? MR. LAVINSKI: Here. MS. TOOLEY: Chris Hudson? MR. HUDSON: Here. MS. TOOLEY: Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. TOOLEY: Larry Mieszcak? MR. MIESZCAK: Here. MS. TOOLEY: Robert Ashton? Page 2 November 22, 2013 MR. ASHTON: Present. MS. TOOLEY: And Tony Marino has an excused absence. CHAIRMAN KAUFMAN: Okay. The minutes -- looking for a motion to accept the minutes from the last meeting. MR. L'ESPERANCE: So moved. MR. MIESZCAK: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Passes unanimously. And we have some changes on the agenda. MS. TOOLEY: Yes, we have two changes. We have one addition for motion for extension of time. It's from under old business, Letter A, Case Number 5. Respondents names, Mark and Ann Shores, Case No. CESD20120015193. And we also have an addition under stipulations. It's from under Letter B, hearings. It's No. 2. The respondent's name is Jose Martinez. Case number is CESD20120002477. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Motion to accept the changes? MR. MIESZCAK: Motion to accept the changes. MR. L'ESPERANCE: Second. MR. ASHTON: Second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? Page 3 November 22, 2013 MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Any opposed? (No response.) CHAIRMAN KAUFMAN: Passes unanimously. Thank you. Okay. This morning Chris will be a full voting member because Tony is absent this morning, so -- and I think Mr. Lavinski has to leave at around 9:30, so there won't be any surprise when he gets up and sneaks out. Okay. Why don't we start with the first one. MS. TOOLEY: The first case is Geri Bradley, Case No. CESD20120015571 . (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I have one question before we start. The owner of the property is listed as Renee Sharp. MS. BRADLEY: I purchased the property three months ago, so I am still -- I'm the owner. It's listed on Collier County. CHAIRMAN KAUFMAN: Okay. So maybe that needs to be changed on this eventually to reflect that. Okay. So why don't we start -- since you're asking for an extension of time, why don't you go first. MS. BRADLEY: Geri Bradley. I purchased the property three months ago, four months ago, and we've had several inspections on it. And I'm just asking for an extension of time for a CO, about six months. CHAIRMAN KAUFMAN: Okay. County? MR. AMBACH: Can I give you a little background on this? Page 4 November 22, 2013 CHAIRMAN KAUFMAN: Yes. MR. AMBACH: The case was heard by you folks some time ago under the previous owner. An extension of time was given to him. In the interim, the property was sold to these folks. Before the property was sold, Investigator Short met with the new owners, explained exactly what needed to be done. They jumped on it immediately before the "comply by" time was up for the previous owner. The permit's in good standing. The house was a basic shell when this whole thing began. It looks phenomenal now. They have maybe 15, 17 more inspections to go on it. The county doesn't have any objections. These folks have been in contact with Eric and the other investigators right along up to this point. MR. LEFEBVRE: Make a motion to grant six-month extension. MR. L'ESPERANCE: Second that motion. CHAIRMAN KAUFMAN: We have a motion and a second to extend it. And I want to say I'm really glad that somebody has actually gone and tried to find out if there are any code problems on a piece of property before they purchased it. So congratulations for that. All those in favor? MR. ASHTON: 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. BRADLEY: Thank you very much. MR. AMBACH: Thank you. Page 5 November 22, 2013 MS. TOOLEY: The second case, Francisco and Olga Dominguez, Case No. CESD20120010474. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, Maria. MS. RODRIGUEZ: Good morning. CHAIRMAN KAUFMAN: You want to give us a little background on this? MS. RODRIGUEZ: Mr. Dominguez has been working with the contractor to finish up doing his septic tank, because it was a brand new lot. And he's had a lot of financial problems -- because this is the only case he's got open right now. They are working on it. The septic tank is installed. He was waiting for an inspection to be called in so that they could inspect it to make sure that everything was okay. He can't CO the mobile home until the septic tank is installed and passed, so he's requesting a little bit more time just so he could finish up, but he is pretty much done. CHAIRMAN KAUFMAN: Okay. I have a few questions. Is it occupied now? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. Has the 80.86 been paid? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. This -- in May we granted six months, 180 days, to comply, and it was -- that brought us to October 22, and the letter was sent just after that. The county has no problem extending it? MS. RODRIGUEZ: No, we have no problem. CHAIRMAN KAUFMAN: And that's for -- the extension, you're asking for an additional 60 days, if I understand it correctly? MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: Okay. From the board? MR. LAVINSKI: Motion to accept. Page 6 November 22, 2013 CHAIRMAN KAUFMAN: We have a motion. MR. HUDSON: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. ASHTON: 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, Maria. MS. TOOLEY: Third case is Serafin Ordaz Hernandez and Sara de la Rosa, Case No. CESD20120002127. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You look very familiar. MS. RODRIGUEZ: I guess -- she was supposed to be here, but I guess she didn't make it. Her husband was out of the state. But they've been working somewhat on the permit. He has to leave back and forth because he goes up north to work, and then he comes back. They have had financial problems because when they first bought house it was in -- not in a good state, and he's put in quite a bit amount of money. He just hasn't finished. The permit is still active. He just needs to call in the inspections. But she has had financial issues, and she hasn't been able to finish it, so she was asking for four to six months of an extension to try to see if she can finish the house. The house is vacant. No one's living in it. CHAIRMAN KAUFMAN: You don't really need any money to Page 7 November 22, 2013 call in inspections. You just need the work to be done. MS. RODRIGUEZ: Well, the first inspection, she had to put in all the ductwork for the A/C and the insulation and stuff, and she hasn't had the money to try to buy the stuff to install it, because they were doing all their construction by themselves. They were doing it as owner/builders, and she hasn't had the money to buy the stuff, so -- CHAIRMAN KAUFMAN: So it's not just a case of inspections haven't been called in? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: It's a case of work that actually needs to be done? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: And the letter asks for between four and six months, which is quite a spread. Do they believe that they're going to have this completed in four or five months? MS. RODRIGUEZ: That's what she said. CHAIRMAN KAUFMAN: Because this is another one of the cases that was originally given six months, and now we're back again. It's -- it gets dragged on and on and on. Has the 81 .43 been paid? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Anything from the board? MR. L'ESPERANCE: What is the county's recommendation? MS. RODRIGUEZ: Well, we recommend that you give them the four to six months. I mean, four months is good. I would think that in four months he should have it done. MR. LEFEBVRE: I make a motion that we give an extension of five months. MR. HUDSON: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any discussion on the motion? Page 8 November 22, 2013 (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. ASHTON: 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. MS. TOOLEY: The fourth case is Wilkert and Fidelene Eugene, Case No. CESD20120003854. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you identify for the record? MS. EUGENE: I'm Fidelene Eugene. CHAIRMAN KAUFMAN: Okay, thank you. MR. L'ESPERANCE: Can you move the microphone closer to your mouth, please. CHAIRMAN KAUFMAN: You're the one that is requesting an extension, so you get to go first to explain your situation. MS. EUGENE: Okay. Last time we were here, we were trying to get an extension for six months. And we did get the extension, but the problem was we had to change the -- the code changed for the framing in the window. So by the time we get the permit for the window and the framing, we have to wait before we could continue the work. So we got the letter that we could continue with the framing in the window on October 25th, and our deadline was October 23rd. So by the time even -- we have financial problems, but by the time we try to do as much as we can, it's just -- we just running out of time. Page 9 November 22, 2013 So we're asking for an extra 30 to 45 days just to finish the job. We've got pretty much everybody, but we need final on the lighting and plumbing and electricity final inspections. So that's why we're asking. CHAIRMAN KAUFMAN: Okay. And the county says? MR. JONES: Yeah. As she stated, they're very much involved with, you know, obtaining their final inspections and things like that, so the county has no objection with an extension of time. CHAIRMAN KAUFMAN: My -- one question. Has the 80.29 been paid? MR. JONES: Yes, sir. CHAIRMAN KAUFMAN: Okay. Motions from the board? MR. HUDSON: Is 45 days enough? MR. JONES: I think so. You know, if you feel, to grant her a little bit more time, if that's appropriate, I wouldn't have an objection to that either, but 45 days should be enough time. CHAIRMAN KAUFMAN: Since we deal on this board with months -- let's see. The next 30 -- would be 60. So if we can get a motion from the board for 60 days. MR. MIESZCAK: I'll make that motion. MR. LAVINSKI: Motion to extend 60 days. I'll make that motion, 60 days. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. Page 10 November 22, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So instead of 45 days, it's 60 days. Hopefully everything will be done and we won't see you. MS. EUGENE: Thank you so much. MR. JONES: Thank you. MS. TOOLEY: The fifth case is Margarita Maldonando and Rita G. Vega. Case number is CESD20110017799. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. RODRIGUEZ: Good morning. Back again. All right. Ms. Maldonando has completed her permits for this case. She had a CO issued on November 15th, so we're asking if you can at least extend it till November 15th just because that's when the permit was CO'ed. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the board? (No response.) CHAIRMAN KAUFMAN: Any discussion? MR. HUDSON: Motion to extend to November 15th. CHAIRMAN KAUFMAN: We have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. Page 11 November 22, 2013 MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you, Maria. MS. TOOLEY: The sixth, Koresh Properties, LLC, Case No. CENA20120017641 . CHAIRMAN KAUFMAN: I realize we have, I don't know, four, five, six cases. MS. TOOLEY: A few. CHAIRMAN KAUFMAN: We'll hear the first one, but we will need to go through each case -- a separate vote on each one. Do you agree with that, Jeff? MR. WRIGHT: Yes. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. TORRES: Good morning, sir. MR. GOHARI: Good morning. CHAIRMAN KAUFMAN: You have requested the -- can you both identify yourselves for the record so we have it. MR. TORRES: I'm Pete Torres, the general, just recently involved with Coco Lakes. CHAIRMAN KAUFMAN: Okay. MR. TORRES: This is Mr. Gohari. MR. GOHARI: I am Babak Gohari, President of the LLC, Koresh. CHAIRMAN KAUFMAN: Okay, very good. Why don't you start us off with -- MR. TORRES: There's been a lot of issues as I came into Coco Lakes, so we've been trying to bring the community up to date, especially with the lighting. I've been tackling that. It just got done with FP&L and the electrical engineers. We're installing about 21 Page 12 November 22, 2013 streetlights in there. So we've done about 2,000 linear feet of directional drilling over there. It's ready to go. We got the job order into the county. One of the issues we were dealing with was the code enforcement with the vegetation. We submitted a clear and fill, but we couldn't do it, so we're going to submit for building permits that allow us to clear four to five lots next to each permit (sic). But the prints, I received them yesterday, and they were not ready to be submitted. They were incomplete. They did not meet the setbacks from the proper lots, so I had to send them back. I didn't find this out till yesterday. We're requesting a little bit of time to submit these four permits. CHAIRMAN KAUFMAN: My question is -- first of all, why don't we have the county go, and then I have some questions to ask. MR. JONES: Sure. I mean, basically, based on the testimony that they're giving, it appears that they're on the cusp of submitting those building permit applications. And once they do that, the violation would, of sorts, be abated, you know, because clearing exotics is a part of those permits. CHAIRMAN KAUFMAN: I understand. Has the 80.29 been paid? MR. JONES: Yes, on all six cases, yes. CHAIRMAN KAUFMAN: Okay. And all six cases are identical except for the case numbers on the lots? MR. JONES: Correct. CHAIRMAN KAUFMAN: Okay. This was heard a long time ago, and six months was granted until October 22nd. So we're a month past that date. What has been done or what was done in the six-month period? I mean, it sounds like you're starting from square one now. MR. TORRES: No. Well, the vegetation removal is the only thing. I had to put a little bit to the side because of the engineering Page 13 November 22, 2013 with the streetlighting and FP&L, and all that took a lot of time. There are a lot of homeowners there, about 15 of them, and everybody's involved, and that took quite a bit of time to get FP&L to commit to this. And we finally got a job order. All we need to do now is just -- the drawings were -- all the lots are different. So there's four separate drawings. And the architect really dropped the ball on us and was not ready to submit. We're ready CHAIRMAN KAUFMAN: So for the last six months, it kind of was just sitting there? MR. TORRES: Just sitting there, and we've been -- we went to Mr. McKenna, and we tried to get the -- I submitted a permit, and we applied for a clear and fill, and then we got an exotic vegetation removal, and then we were trying to submit to see what was more feasible. And we found out we can submit these four building permits, and we're ready to go with them. We're building two new homes in there. They're almost completed, so we have to get it done because we can't get COs until we comply with FP&L, the county, and everybody else. So we are moving forward. CHAIRMAN KAUFMAN: The two houses that you're building, they're not any of these cases? MR. TORRES: No, these are lots -- about five lots over, and we want to clear all those lots so we can have access to building a buffer in the back, too, that the homeowners want to see there also. So we kind of have to get in there to clear with a machine. CHAIRMAN KAUFMAN: So I'm reading the letter. You're requesting 60- to 90-day extension to finish the applications and submit them for review, and then you need time, if I understand your request, to actually clear the lots and remove the exotic vegetation; is that correct? MR. TORRES: The job is fast, but we figure 60 days by the time Page 14 November 22, 2013 the building permits get approved, because the -- it won't be taken -- it won't be lifted until the permits are issued, right? MR. JONES: Correct. MR. TORRES: So we figure about -- it might be 35 days till we have the permits. CHAIRMAN KAUFMAN: Okay. And the permits were issued, obviously, late? MR. TORRES: Yeah. Well, what I received was not good to submit. They were going to get rejected, and I just received that yesterday morning. There was no sense in submitting something that just doesn't work, you know, so I -- CHAIRMAN KAUFMAN: Those are my questions. From the board? MR. LEFEBVRE: I guess the question I have is, if there's four lots you're submitting to start building on, what are the other -- what's going to happen to the other two lots? Are you going to still clear those? MR. TORRES: Yeah. What it was is when you normally do an infrastructure and you go in and clear, you clear and fill all the lots. MR. LEFEBVRE: Right. MR. TORRES: And this obviously wasn't done here at the beginning, whoever was involved. So in order for me to obtain clearance to clear five lots at a time, we'll submit one building permit and clear the next four. They're only about a hundred feet. And we're going to -- we have realtors involved. We're going to put up signs, keep it nice and clean and be able to push the sales to revamp this community. MR. LEFEBVRE: I'm very, very familiar with this site. The only way I could agree to extending this any time is with regular -- coming back on a regular basis to see your progress -- MR. TORRES: Progress. MR. LEFEBVRE: -- because not to see any progress in six Page 15 November 22, 2013 months is disheartening. I know there's a rainy season we had, but it has been dry for a while, and not to see any progress in six months -- we've had other cases in front of us, code enforcement cases prior to you being involved in the development there. So I guess it's up to the board, but I would have to see some progress made, because for six months not to have any progress made is -- MR. TORRES: We have to wait for the permits to be able to touch the lots. I mean, I'm ready to clear them now, but -- MR. GOHARI: You have to leave tomorrow. If they get permit -- they don't give permit, so that's -- MR. LEFEBVRE: Right, but the direction you decided to go in, which was to decide to get the building permit to build the building, it sounds like your feet were dragged. If that was what you were going to do back six months ago, it doesn't take six months to get a building permit to design a house and build a house. MR. TORRES: No, it doesn't. MR. LEFEBVRE: There's -- many houses have already been built in there, so those houses should have fit on the lots. Many different floor plans have been built in there. So to see six months go by and then another possible six months go by and to be back here again, that would not be acceptable. MR. TORRES: Okay. CHAIRMAN KAUFMAN: Our next meeting is in 60 days. There is no meeting in December. So I would suspect that if what you're saying works out, the next meeting you'll be done, and we won't see you again; is that correct? MR. TORRES: Hopefully, sir. CHAIRMAN KAUFMAN: Does the county have any problem with leaving this until our next meeting? MR. JONES: No, sir. CHAIRMAN KAUFMAN: Anything else from the board? Page 16 November 22, 2013 MR. LEFEBVRE: Our next meeting is January 23rd. CHAIRMAN KAUFMAN: That's correct. MR. TORRES: Thank you, sir. MR. LEFEBVRE: Well, we have to make a motion and take a vote. CHAIRMAN KAUFMAN: It's not over until the fat lady sings. MR. HUDSON: Mr. Chairman, I'll make a motion for 60 days with a monthly report submitted to code enforcement on where they are. MR. L'ESPERANCE: Second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Let me just clarify. Would you notify code enforcement when your permit is received -- MR. TORRES: Yes, sir. CHAIRMAN KAUFMAN: -- or not received, by -- pick a day in December. I would say the 23rd. MR. JONES: Sure, that sounds appropriate. CHAIRMAN KAUFMAN: Okay. By December -- I don't know what day of the week that is. MR. MIESZCAK: Two days before Christmas. CHAIRMAN KAUFMAN: I know that, but -- MR. ASHTON: It's a Monday. CHAIRMAN KAUFMAN: It's a Monday. Okay. So you'll notify code enforcement by December 23rd, and hopefully we won't see you back here in January. MR. TORRES: Thank you. CHAIRMAN KAUFMAN: All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. Page 17 November 22, 2013 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. TORRES: Thank you. MR. LEFEBVRE: You're not done yet. You have five other cases. MR. TORRES: We do? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: We hear the one, and then we vote on each one individually. MR. TORRES: Okay. Sorry about that. CHAIRMAN KAUFMAN: No, no problem. MS. TOOLEY: Case No. 7, Koresh Properties, LLC, Case No. CENA20120017644. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This is the same as the previous case? MR. TORRES: Yes, sir. CHAIRMAN KAUFMAN: Chris, do you want to resubmit your motion? MR. HUDSON: I would like to resubmit a motion for 60 days and a report on the 23rd to code enforcement. MR. L'ESPERANCE: I'll second that motion. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. Page 18 November 22, 2013 CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. That brings us up to? MS. TOOLEY: The eighth case, Koresh Properties, LLC, Case No. CENA20120012782. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Chris? MR. HUDSON: I'll make a motion for a 60-day extension with a report to be submitted to code enforcement on the 23rd of December. MR. L'ESPERANCE: I'll second that again. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. ASHTON: 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. That brings us to? MS. TOOLEY: Case No. 9, Koresh Properties, LLC, Case No. CENA20120017639. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Chris? Page 19 November 22, 2013 MR. HUDSON: I'd like to make a motion for a 60-day extension with a report to code enforcement on the 23rd of December. CHAIRMAN KAUFMAN: We have a motion and a second by Lionel? MR. L'ESPERANCE: Second, yes. CHAIRMAN KAUFMAN: All those in favor? MR. ASHTON: 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. Which brings us to? MS. TOOLEY: Case No. 10, Koresh Properties, LLC, Case No. CENA20120017643. (The speakers were duly sworn and indicated in the affirmative.) MR. HUDSON: I'd like to make a motion for a 60-day extension with a report to be submitted to code enforcement on the 23rd of December. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion; we have a second by Lionel. All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. Page 20 November 22, 2013 MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. And that brings us to, I believe, the last case. MS. TOOLEY: Yes. Case No. 11, Koresh Properties, LLC, Case No. CENA20120017642. (The speakers were duly sworn and indicated in the affirmative.) MR. HUDSON: I'd like to make a motion for a 60-day extension with a report to be submitted to code enforcement on December 23rd. MR. L'ESPERANCE: And I will second that. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. ASHTON: 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. Hopefully we won't see you in January. Have a Happy New Year. MR. TORRES: Thank you. MS. TOOLEY: Case No. 12, respondents Mark and Ann Shores, Case No. CESD20120015193. CHAIRMAN KAUFMAN: Okay. This was sitting on our desk when we arrived. Page 21 November 22, 2013 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, Chris. MR. AMBACH: Good morning. CHAIRMAN KAUFMAN: Why don't you give us a little background on this one. MR. AMBACH: This would be the second extension of time requested by the respondent for modifications to the home. I've not heard anything from this individual, until yesterday, since our last meeting. An extension was granted. I believe that was a four-month extension. Nothing's been done. CHAIRMAN KAUFMAN: It seems almost like it's been stalled and -- MR. AMBACH: It does, sir. CHAIRMAN KAUFMAN: And the county recommends? MR. AMBACH: Well, we'll leave that up to the board. It's the board's decision at this point. I will add, if I might, the power to that particular area was shut off, and an affidavit was completed by myself almost a year ago. That's all I've -- pretty much the contact I've had with him since that original stipulation agreement was signed, so -- CHAIRMAN KAUFMAN: Well, I'm in favor of denying the request then. Any discussion from the board? MR. LEFEBVRE: Couple questions. Have the operational costs been paid? MR. AMBACH: I believe they were. MR. LEFEBVRE: Okay. Because it says that they were not. MR. AMBACH: I'm sorry. Hold on. They have not been paid, that's correct. CHAIRMAN KAUFMAN: Okay. If the operational costs -- it's been our mantra from day one that if that's not paid, the request is denied. MR. LEFEBVRE: We extended it last time without them being Page 22 November 22, 2013 paid. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Do you know if this is in foreclosure, by chance? MR. AMBACH: No, it's not in foreclosure. MR. LEFEBVRE: I make a motion to impose. THE COURT: Well, this is -- first we have to make a motion to deny the request for -- MR. LEFEBVRE: Okay, correct. CHAIRMAN KAUFMAN: -- an extention. Then we'll hear it when it comes up on the imposition. Is that correct, Teresa? MS. TOOLEY: This is actually from imposition of fines. He was scheduled for imposition of fines, and he's -- CHAIRMAN KAUFMAN: Correct. So he asked -- I saw the letter -- for an extension. We are denying the extension, and when we get to the imposition of fines, then we'll handle that at that point. MR. AMBACH: That's correct, yes. CHAIRMAN KAUFMAN: Jean? MS. RAWSON: That's correct. We'll have two orders. CHAIRMAN KAUFMAN: Okay. All right. We have a motion. MR. LEFEBVRE: I have a motion -- I make a motion to deny the extension. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. MIESZCAK: I'll second the motion. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. ASHTON: Aye. MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. Page 23 November 22, 2013 MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you, Chris. We'll see you soon. MR. AMBACH: Okay. Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. TOOLEY: Case No. 1 under stipulations. Respondent is Jose Martinez, Case No. CESD20120002477. CHAIRMAN KAUFMAN: Just for the record, Mr. Lavinski has to leave right now. Thanks, James. (James Lavinski left the boardroom for the remainder of the meeting.) (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You have agreed to a stipulation. Why don't -- Maria, why don't you read the stipulation for the record. MS. RODRIGUEZ: 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 permit, 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 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 Page 24 November 22, 2013 abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Teresa, could you make that bigger? I'm getting older. MS. TOOLEY: Oh, I'm sorry. No problem. CHAIRMAN KAUFMAN: Am I the only one that can't see that? MR. MIESZCAK: We can all see it real well. MR. L'ESPERANCE: We're all much younger than you. MS. TOOLEY: Is that good? CHAIRMAN KAUFMAN: Much better. MR. MIESZCAK: I couldn't see it either. CHAIRMAN KAUFMAN: The only one that could see it, probably, is Chris; is that right, Chris? MR. HUDSON: Yeah, I can see it. CHAIRMAN KAUFMAN: Yeah, I figured. Mr. Martinez, you understand the stipulation that you've agreed to? MR. MARTINEZ: Yeah, I understand, but I don't speak English too good, so -- CHAIRMAN KAUFMAN: Okay. MR. MARTINEZ: Yeah, but I understand that. CHAIRMAN KAUFMAN: You understand it, okay. And you'll be able to get everything done in 120 days? MR. MARTINEZ: Yeah, I'll try. I'll try to do it, yeah. CHAIRMAN KAUFMAN: Okay. If you don't get it done in 120 days, come back before the end of 120 days. MR. MARTINEZ: Okay. CHAIRMAN KAUFMAN: Okay. The county have any problem with the stipulation? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. I'm looking for a motion from the board. Page 25 November 22, 2013 MR. HUDSON: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. ASHTON: 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, Maria. Thank you. MR. MARTINEZ: Thank you. MS. TOOLEY: The next case is No. 1 under hearings, Jose Emilio Morales, Case No. CESD20130003648. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. ASARO: Good morning. CHAIRMAN KAUFMAN: Since the respondent is not here, I guess it's all in your -- notice was sent to the respondent? MR. ASARO: Yes. CHAIRMAN KAUFMAN: Okay. MR. ASARO: For the record, Tony Asaro with the Collier County Code Enforcement Department. This is in reference to Case No. CESD20130003648 addressing violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and (B)(1)(e)(i) for unpermitted electrical work and interior alterations throughout the main structure Page 26 November 22, 2013 and an unpermitted shed with electrical and plumbing. The property is located at 3745 Randall Boulevard, Naples, Florida, 34120; Folio No. 40183520001 . Service was given on March 15, 2013. I would like to present case evidence, 13 photos dated March 8, 2013. CHAIRMAN KAUFMAN: Okay. Could we get a motion -- MR. MIESZCAK: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second to accept the photos. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you want to talk through each photo or -- MR. ASARO: Well, I can -- yeah, I can give you some information on it. I was not at the property myself. CHAIRMAN KAUFMAN: Okay. Who took the pictures? MR. ASARO: The photos were taken by Collier County Sheriffs Officer Gamez. CHAIRMAN KAUFMAN: Okay. MR. ASARO: This appears to be a photo of the main structure of the home. CHAIRMAN KAUFMAN: Okay. MR. ASARO: This is the inside of the main structure, the grow Page 27 November 22, 2013 house operation, obviously. CHAIRMAN KAUFMAN: Either that or he was a florist, whatever. MR. ASARO: He sold all his plants. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Here's more photos of the interior of the home. It looks like plumbing. More photos of the interior of-- the container. I guess the planters where the plants were; showing some plumbing alterations and also some probably -- modifications to the interior of the home. Other electrical and plumbing. And this information I obtained from Investigator Sherry Patterson who was actually on site. Electrical modifications, and some more electrical modifications. And this is the shed in the rear, and it appears that somebody was living in there. And it's an unpermitted shed. There were no permits for it. Air conditioning and living quarters were set up in there. CHAIRMAN KAUFMAN: Okay. Is this in foreclosure, by the way? MR. ASARO: No, it's not. It is an abandoned property. CHAIRMAN KAUFMAN: There's no bank involved? MR. ASARO: No bank involved, no. CHAIRMAN KAUFMAN: Okay. MR. ASARO: As far as I know, as of today. And that's the interior of the shed. CHAIRMAN KAUFMAN: Okay. So our first job is to see if a violation exists. MR. MIESZCAK: I had one question. On that third photo or the fourth photo, something was wrapped with something. That wouldn't be asbestos or anything like that, would it? MR. ASARO: I can't tell you, because I wasn't inside the property. MR. MIESZCAK: Okay. Page 28 November 22, 2013 MR. HUDSON: I motion that a violation exists. MR. MIESZCAK: It looks like the water heater's wrapped. MR. ASARO: It appears. Yeah, it appears that something's wrapped. CHAIRMAN KAUFMAN: Yeah, energy efficiency. They do that. MR. MIESZCAK: I just looked at that. CHAIRMAN KAUFMAN: All right. Do we have a motion? MR. HUDSON: Motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. ASHTON: Second. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MR. ASHTON: 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. You have a suggestion for us, Tony? MR. ASARO: Yes. 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 permits, inspections and certificate of completion within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Page 29 November 22, 2013 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 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 order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Thanks, Tony. Whoever makes the motion and fills in the blanks, I'll give you my two cents worth. I would make this as short as possible. There's no sense in delaying this for any given period of time. So 30 or 60 days would be my suggestion on there. And, typically, on these type of violations, in the past we have done $500-a-day fine thereafter. So would anybody like to fill in the blanks? Or have I just done that? MR. L'ESPERANCE: I think you just did that, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. I make that a motion. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: The 80.86 be paid within 30 days -- the violation be abated in 30 days or a $500-a-day fine thereafter. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: And we have a second by Lionel. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 30 November 22, 2013 CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. ASARO: Thank you. MS. TOOLEY: The third case, CEPM20130012095. Owner, Tryon L. Lippincott. (The speaker was duly sworn and indicated in the affirmative.) MR. SANTAFEMIA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. SANTAFEMIA: For the record, John Santafemia, Property Maintenance and Housing Inspector for Collier County Code Enforcement. This matter is in reference to Code Case No. CEPM20130012095 relative to the violations of Collier County Code of Laws and Ordinances Chapter 22, Article VI, Sections 22-231(12)(c) and Section 22-242. Description of violations are roof soffit in disrepair and unsecured structure creating a nuisance. Violation location is 4390 23rd Place Southwest; folio number is 35648080004. Service for this case was given on September 18, 2013, by posting at the location of violation, the Collier County courthouse, in addition to certified and first-class mailing. At this time I would like to present evidence for this case in the form of photographs. CHAIRMAN KAUFMAN: How many photographs? MR. SANTAFEMIA: Three. CHAIRMAN KAUFMAN: Three photographs? Could we get a motion? MR. MIESZCAK: Motion to approve the photos. CHAIRMAN KAUFMAN: We have a motion to approve. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? Page 31 November 22, 2013 MR. ASHTON: 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. SANTAFEMIA: The details of this case are as follows: On September 3, 2013, I received an initial complaint from another investigator who works in the area regarding property maintenance and housing violations at this location. Upon my inspection of the site, I noted the soffit was damaged and in disrepair. I also noted that the front door and several front windows were open. I completed a notice of violation at that time, which was mailed and posted at the location. On October 31st, I completed a reinspection of the property and noted that none of the violations had been abated; however, I did receive the green card receipt back from the property owner, which was signed. However on November 21, yesterday, I did another site visit and noted that the violations still remain. Now, I did actually speak to the owner yesterday afternoon after I'd done the inspection. He finally made contact with me. He is out of county. He's in Palm Bay, Florida, I believe. He wanted to be here, but it was a six-hour drive, and he couldn't get out of work, he said. So at this point in time, I do have contact with him finally. And the background on the property itself, it was his father's property. He passed away. It was given to him through his trust. He's been working out some probate, I guess, problems with it. But he has Page 32 November 22, 2013 -- at this point in time he has retained the services of-- I can't remember her last name. She works for Faust Realty. She's a property manager, and he has retained her services to manage the property for him and deal with these violations for him. So it looks like at this point that he will be taking care of the stuff. MR. L'ESPERANCE: May I ask a question? CHAIRMAN KAUFMAN: Absolutely. MR. SANTAFEMIA: Absolutely. MR. L'ESPERANCE: Is the property still unsecured? MR. SANTAFEMIA: As of yesterday, yes. MR. L'ESPERANCE: Are we speaking about a door simply being unlocked or open? MR. SANTAFEMIA: There's the picture. It's open. MR. L'ESPERANCE: There's no way to close it and secure it? MR. SANTAFEMIA: The door doesn't latch properly. I believe somebody pulled it open and damaged the locking mechanism, the latching mechanism. I attempted to secure it but was unable to. MR. L'ESPERANCE: Thank you. CHAIRMAN KAUFMAN: It could be nailed shut, I guess. MR. ASHTON: I have a question. Have you been in touch with the property manager to see what she's going to do with it? MR. SANTAFEMIA: No. I did make sure that the owner provided her with my information. I know her. I've worked with her in the past on other properties in Golden Gate City, and she is very cooperative with us, with the department, so -- CHAIRMAN KAUFMAN: Okay. Well, we need to ascertain whether a violation exists or not. Would anybody like to take a shot at making a motion? MR. HUDSON: Motion that a violation exists. CHAIRMAN KAUFMAN: We have a motion -- MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: -- and a second. Page 33 November 22, 2013 All those in favor? MR. ASHTON: 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 a violation exists. And do you have a suggestion for us? MR. SANTAFEMIA: Yes. The county recommendations would be 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 obtaining any required permits, inspections, and certificate of completion, and repair the roof soffit and secure the structure in accordance with the property maintenance and housing code within blank days of this hearing, or a fine of blank will be imposed for each day the violation continues. 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 violations using any method to bring the violation to 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 have one suggestion that -- to add to your suggestion and that is that the door that's open be shut. If it needs to be nailed shut, whatever it needs to happen so that it's not open, and that, I would recommend, happen immediately so that some kids don't wander in there, et cetera. So I would -- whoever makes the Page 34 November 22, 2013 motion, I would like to see that included in the motion. Any discussion from the board on this? MR. HUDSON: Mr. Chairman, would that have its own sort of special days? CHAIRMAN KAUFMAN: Yes, that would have its own days. For instance, you could say on that that the door be nailed shut by Monday, for instance. MR. LEFEBVRE: Or just be generic and say property to be secured. So if there's any windows that are broken or -- is there anything else that -- MR. SANTAFEMIA: There were other issues, overgrown weeds and stuff like that that were -- MR. LEFEBVRE: No, I mean, an issue with access to the property? MR. SANTAFEMIA: I had no access to the rear of the property, so I don't know what the back of the property looks like. But the door does close. It's just -- somebody keeps opening it. MR. LEFEBVRE: But we don't want to be specific to just a door. We want to say "structure to be secured." MR. SANTAFEMIA: Yeah. I don't know if there's any other open doors in the back of the property to -- MR. LEFEBVRE: Right, that's what I'm saying. This way when you go back you can get access to the whole property, and you don't want to find that a door in the back is not secured, so -- MR. SANTAFEMIA: I mean, I did express to them yesterday on the phone that that was something that should be taken care of right away, securing the property, so -- CHAIRMAN KAUFMAN: If he's contacted someone down here and you're in touch with that individual, you'll let the two of them -- or you'll let him know, and he can let the other person know that it needs to be secured by whatever date the board comes up with, "the home to be secured." Page 35 November 22, 2013 MR. SANTAFEMIA: Yes. CHAIRMAN KAUFMAN: Obviously, if you close the door and somebody opened it, unless you have real smart rabbits or something, somebody's going in there for whatever purpose. Okay. Would anybody like to take a shot on filling in the blanks? MR. MIESZCAK: I just had one quick question. This looks like, from your photos, that it's a demolition. I don't see how you can fix something up with all the mold. MR. SANTAFEMIA: No, it's not to the point where it would be considered a hazardous or dangerous structure. MR. MIESZCAK: It's not? MR. SANTAFEMIA: No. MR. MIESZCAK: So when that roof is caving in like it is and all that mold on that wall, and it's vacant and the door's open -- that's a good point, you know. CHAIRMAN KAUFMAN: It's a soffit, and he'll make that determination, I guess, going down the -- MR. MIESZCAK: I understand that. CHAIRMAN KAUFMAN: Okay. Again, would someone like to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I will. The building needs to be secured by -- we'll give him until Tuesday, which is November -- is that the 29th? MR. MIESZCAK: No, the 26th. MR. ASHTON: The 26th. CHAIRMAN KAUFMAN: The 26th -- by the 26th. The 80.29 to be paid within 30 days, 60 days to repair the soffit and fix the door, or whatever needs to be done there, or a fine of$200 a day. MR. HUDSON: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. Page 36 November 22, 2013 MR. HUDSON: I could go with you on just about everything except 60 days. I feel like he needs to have a little more time. They're just starting communication. It sounds like there's some good connectivity that will consider. Could I get you to amend that to 90 days or 120 days? MR. MIESZCAK: Let me just say, I have to disagree, because the home is open and he doesn't have it closed, and he knows that the door is wide open. It needs to be nailed or whatever, and he's not done it. And just because we just made contact with him doesn't mean he's doing the right thing. And so there it sits. And it is a hazard to young children and whatever. So I think the sooner the better. CHAIRMAN KAUFMAN: The reason I said 60 days, it takes two days to contact someone to have the weeds cut down, so that would make it look a lot better. And it doesn't take -- two months is a long time to either fix the latch on the door so it closes or whatnot -- and if you find a broken window or not, I think two months is sufficient time to do it. What they're ultimately going to do with the house, I agree with Chris, that that's going to take a lot more than 60 days. It may be just stripping the soffits off the house temporarily, spraying the mold, I don't know. But you give them 60 days; if they need more time, I guess they can come back and appear before code enforcement and let us know what they're doing. MR. LEFEBVRE: Before we make a motion, I don't think I heard a dollar amount attached to the door being secured. CHAIRMAN KAUFMAN: Oh. Since the county -- I don't know if the county's going to do it or the other person. Make it a hundred dollars for the door. MR. LEFEBVRE: I think that's -- I think it's more important -- that's the most important part of this. And we're giving a short period, Page 37 November 22, 2013 I think a hundred dollars is -- MR. HUDSON: The soffit's not the important part. It's just the door. MR. LEFEBVRE: Right. It's securing. MR. ASHTON: Securing the door. MR. LEFEBVRE: So I think that should be a higher amount than $100; 200, same as -- CHAIRMAN KAUFMAN: Okay. I have no problem with modifying that. MR. LEFEBVRE: All right. CHAIRMAN KAUFMAN: Will my second modify the second on that? MR. ASHTON: I second it. CHAIRMAN KAUFMAN: Okay. So it would be secured by Tuesday, $200 if that's not accomplished, and if it's not accomplished, I'm guessing that the county will do it. And $200 is the 60 days, unless the board wants to change that date. MR. HUDSON: I just think we're going to see the case again. I think the door's going to get accomplished, but we're going to see this again in 60 days, because there's no way this guy who lives in Palm Bay is going to repair this in 60 days. MR. ASHTON: Yeah. But he has a project -- somebody handling it for him here, so it can be done in 60 days. MR. LEFEBVRE: Fixing a soffit, does that require a permit? MR. SANTAFEMIA: It depends. If it's a nonstructural type of repair, typically, no. If it -- you know, without really getting into the actual roof itself-- MR. LEFEBVRE: The trusses. MR. SANTAFEMIA: -- of seeing what the damage may be, you know, he's -- I've already told him he's going to have to get a roofing contractor out there to really go over the roof and see what needs to be done. I don't want to see him put new soffits on a roof that, you know, Page 38 November 22, 2013 should have been replaced anyway, so -- MR. LEFEBVRE: I mean, this case has been going on since the 18th. And was the door open since the 18th? MR. SANTAFEMIA: It was initially opened -- when the area investigator found the house, she opened a case for the weeds, the overgrown weeds, and noted the open door and the soffit. That part of it came to me. I went out there, and the door was open -- MR. LEFEBVRE: Okay. MR. SANTAFEMIA: -- when I took that photo. I did push the door closed. But, like I said, the latching mechanism isn't latching properly. There's no way for me to lock it from the outside, but I did push it closed. And it stayed closed, but then the next recheck I went, and it was open again, so -- MR. LEFEBVRE: I mean this case -- MR. SANTAFEMIA: I haven't gotten any reports from the Sheriffs Office or anything about kids or anybody going in there, but, you know, it is an attraction for that. MR. LEFEBVRE: It's been two months already, so I think 60 days will put the feet to the fire. You know, he hasn't -- nothing was done. Even if it's in trust and he doesn't physically own it, if it's his father's property, I'm sure he's been there before to visit his father. He could have simply secured the door. So I think 60 days is quite sufficient. CHAIRMAN KAUFMAN: Okay. I'll call the question. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. Page 39 November 22, 2013 CHAIRMAN KAUFMAN: Okay. It carries with one dissenting. Just one side question. Are the -- I guess the father's furniture, et cetera, is that all still in the house, did you notice, when you -- MR. SANTAFEMIA: It did appear that there were some personal items still in the house when I was there. I did not go inside, obviously, but, you know -- and he is aware of that. As a matter of fact, he stated to me that he had asked his property manager now to actually go inside and kind of do an inventory of what was inside so that he knew whether there was anything worth keeping or anything. CHAIRMAN KAUFMAN: Okay. Well, we'll see what happens going forward. And if it needs to come back, it needs to come back. Thank you very much. MR. SANTAFEMIA: Thank you. MS. TOOLEY: The next case is No. 1 under old business, Letter A, Case No. CESD20130005435. Owner, PNC Bank, NA. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Is this an imposition of fines or -- MR. ASHTON: Imposition of fines. CHAIRMAN KAUFMAN: Okay, Chris. MR. AMBACH: Violations, Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e). Location: 1861 8th Street Northeast, Naples, Florida, 34120; Folio No. 37751040007. Description: Garage conversion does not have a permit. Past orders: On August 22, 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, OR4962, Page 803, for more information. The property is not in compliance with the Code Enforcement Board order as of November 22, 2013. The fines and costs to dates are described as the following: Page 40 November 22, 2013 Order Item No. 1 and 2, fines at a rate of$200 per day for the period between October 22, 2013, and November 22, 2013, 32 days, for the total of$6,400. Fines continue to accrue. Previously assessed operational costs of$81 .15 have not been paid. Total amount to date, $6,481 .15. MR. MIESZCAK: Motion to impose the fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a second. Discussion on the motion? MR. LEFEBVRE: Have you been in contact with the bank? MR. AMBACH: The foreclosure team was in contact with the bank. The bank's never made contact with this department since the inception of this case. MR. LEFEBVRE: And how long have they owned it for? CHAIRMAN KAUFMAN: Did the bank own it -- MR. AMBACH: No, the bank's not the owner of the property. Oh, I'm sorry, the bank is -- MR. LEFEBVRE: PNC Bank. MR. AMBACH: I'm sorry. I believe it's just under a year, yeah. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: So the bank owned it when the first violation and the notification, et cetera, et cetera occurred. MR. AMBACH: Correct. This is several, several cases on this property. CHAIRMAN KAUFMAN: Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. Page 41 November 22, 2013 CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thanks, Chris. MR. AMBACH: Thank you. MS. TOOLEY: The second case is Case No. CESD20120006666. Owner, Real Estate Holdings of Tienda Mexicana, Incorporated. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. MR. ABUEQAB: Nazar Abueqab, the tenant's brother. THE COURT REPORTER: Can you say your name again? MR. ABUEQAB: Nazar, A-b-u-e-q-a-b. CHAIRMAN KAUFMAN: And the owner of the property is Tienda Mexicana. Do you have permission from that corporation -- MR. ABUEQAB: Yes. CHAIRMAN KAUFMAN: -- to speak at this case? Okay. Why don't you let us know what you -- MR. ABUEQAB: I was told about the violation days before -- night before last. I made contact with Maria yesterday. I told her about the hearings. She said that -- to make it -- to write a letter and fax it to her. I did. Asked her for an extension. I did, but this morning she said she never received the fax because they don't do fax anymore, so -- MS. RODRIGUEZ: He's requesting an extension of time. He's the contractor for la Tienda Mexicana and is requesting for an extension of time. But I didn't get the letter yesterday or this morning, so that's why he's here today. Page 42 November 22, 2013 MR. LEFEBVRE: Did you bring the letter? MR. ABUEQAB: No, sir. I faxed it to her yesterday, but they was talking about they don't receive fax. It should have been -- went to a computer or some kind of email or something, but it was faxed to her yesterday. CHAIRMAN KAUFMAN: This one goes back to May. That's six months ago. MR. ABUEQAB: I was notified about it day before yesterday. I made contact with an engineer, Larry Bennett from LaBelle, to do the drawings, to pull the proper permits to bring it in compliance. CHAIRMAN KAUFMAN: Well, what happened from -- who was notified in May? MS. RODRIGUEZ: The owner, along with the tenant. CHAIRMAN KAUFMAN: Okay. So the owner was notified in May. They have paid the operational costs? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. And from that period of time until, let's say, a week ago, you didn't hear anything; is that -- MS. RODRIGUEZ: Well, actually, they had hired someone else. Mr. Ofalvio (phonetic) has had -- was calling me telling me that Mr. Puente had hired him to try to get the permits going, but for some odd reason, nothing ever happened. When I did post the property, I did call Mr. Puente, and I also called the tenant and advised him that the compliance date had -- was here, and he hadn't done anything. I guess then he must have called this gentleman and asked if he could do it. So I'm -- that was between the tenant and the property owner, but they haven't done anything. MR. ABUEQAB: My understanding is they did -- for the first time, they did some kind of drawings when they hired the other contractor, but it wasn't -- it wasn't the right drawings to address this issue. Page 43 November 22, 2013 So they had to redo it again, and then they got lost between the contractor and the engineer and then the landlord and the tenant, and then they just told me about it, so -- CHAIRMAN KAUFMAN: Okay. Well, we're obviously not here to rehear the case. We're here to impose the fine or not. So that's the question that's before the board. Discussion from the board? MR. LEFEBVRE: How long do you think it will take to get the permits? And you're going to do an-after-the-fact permit, correct? MR. ABUEQAB: Yes. MR. LEFEBVRE: How long do you think it's going to take to get the drawings done correctly and do the after-the-fact -- MR. ABUEQAB: No more than 60 days. CHAIRMAN KAUFMAN: Okay. And as you've heard -- you've been sitting here -- our next meeting is in 60 days, coincidently. Would someone from the board like to make a motion? MR. LEFEBVRE: I'd like to make a motion, and it's going to be very similar to the other one, Koresh Properties, that had the six cases in front of us. MR. ABUEQAB: Yes, sir. MR. LEFEBVRE: I'd like to make a motion that we extend it to our next meeting, so 60 days from today, and I'd like to have an update by December 23rd on what progress is being made. MR. ABUEQAB: Okay. So I call code enforcement and let them know what kind of progress we have. MR. LEFEBVRE: Not call, email. CHAIRMAN KAUFMAN: Don't fax it. MR. ABUEQAB: Don't fax it no more. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. HUDSON: Second. Page 44 November 22, 2013 CHAIRMAN KAUFMAN: We have a second by Lionel (sic). All those in favor? MR. ASHTON: 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. MR. ABUEQAB: Thank you. MS. TOOLEY: The third case is Case No. CEPM20130011083. Owner, Juan Hernandez and Adrianna Garcia. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, Chris. MR. AMBACH: Good morning. Violations: Collier County Code of Laws and Ordinances, buildings and building regulations, Property Maintenance Code, Article VI, Chapter 22, Sections 22-242, 22-241, 22-231(12)(i). Location: 1521 Golden Gate Boulevard West, Naples, Florida, 34120; Folio 3706016005. Description: The home is vacant and unsecured with a large hole in the outside wall. Past orders: On August 22, 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, OR4962, Page 782, for more information. The property is not in compliance with the Code Enforcement Board orders as of November 22, 2013. Page 45 November 22, 2013 The fines and costs to date are described as the following: Order Item No. 1 and 3, fines at a rate of$500 per day for the period between August 29, 2013, and October 14, 2013, 47 days, for the total of $23,500. Fines continue to accrue. Order Item No. 2 and 4, fines at a rate of$500 per day for the period between September 22, 2013, and November 22, 2013, 62 days, for the total of$31,000. Fines continue to accrue. Previously assessed operational costs of 81 .72 have not been paid. Collier County incurred costs of $1,075 to abate Paragraph 1 of the order. Total amount to date, $55,656.72. CHAIRMAN KAUFMAN: So it's actually in compliance? MR. AMBACH: It is, yes. CHAIRMAN KAUFMAN: Okay. So the "not in compliance" should reflect it is in compliance. It was brought into compliance by the county -- MR. AMBACH: Correct. CHAIRMAN KAUFMAN: -- were the cost, okay. They have not paid their -- the court costs, if you will, and it's only in compliance because the county made it. Anybody like to make a motion on this one? MR. LEFEBVRE: Is this property in foreclosure; do you know? MR. AMBACH: I'm sorry? MR. LEFEBVRE: Is it in foreclosure? MR. AMBACH: It is in foreclosure, yes. Hold on one minute, please. I'm sorry. Can I clarify? Technically it's not in complete compliance because there's a boarding certificate that's still needed as part of that order. The other part of the order that was taken care of was the actual boarding of the structure to make it safe. So the fines do technically continue to accrue, I apologize. Page 46 November 22, 2013 CHAIRMAN KAUFMAN: Okay. MR. AMBACH: But it's been boarded shut, closed off, and no one's attempted to get in there, so -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Has the bank been notified? MR. AMBACH: This case -- the filing wasn't done until after -- the foreclosure team wasn't involved with this case at all. MR. LEFEBVRE: Okay. Make a motion to impose the fines. CHAIRMAN KAUFMAN: A motion and a second, Larry. All those in favor? MR. ASHTON: 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, Chris. MR. AMBACH: Thank you. MS. TOOLEY: The fourth case is Case No. CESD20130001772. Owner, Ljubink Pavicevic. CHAIRMAN KAUFMAN: Good morning. MS. PULSE: Good morning. CHAIRMAN KAUFMAN: Why don't you identify yourself, and give us a little summary of what you'd like to say. MR. PAVICEVIC: I do apologize. It's my first time in court, so if I don't do something properly, please advise me. CHAIRMAN KAUFMAN: No problem. MR. PAVICEVIC: I've never had this experience before. My mom owns the house. Page 47 November 22, 2013 THE COURT REPORTER: Your name? MR. PAVICEVIC: Yes. My name is Veljko Pavicevic. That's V-e-l-j-k-o, and the last name's Pavicevic, P-a-v-i-c-e-v-i-c. CHAIRMAN KAUFMAN: Okay. MR. PAVICEVIC: My mom purchased the property less than a year ago. I helped her in the process of purchasing the property. And when we purchased the property, I did notice that there was a wall in the garage that separated the garage into two parts. And I asked the previous owner if that was everything -- you know, if everything was done to the law, and he said that everything was good. Unfortunately, back in those days, I didn't know that you need to get something in writing before you close a contract, and you'd have to do the search with the Collier County Code Enforcement, everything else. I did learn a lot in the process. I want to thank Renald, Vicky, and Dee that really coached me a lot on this process and on all the paperwork that I need to get to get this organized. Unfortunately, I have to apologize. I left to Europe, because I have business in Europe, and I live here in the States only one part of the year. So I went to Europe over the summer. Before I went to Europe, I contacted an architect that said that he will stop by, make the blueprints as Renald shared with me that I need, and I did think that that was taken care of. I came back in the States a couple weeks ago to find in my mail that I have all these ordinances and that I need to come to this court and share my case. What I'm -- I've been in compliance with the part one, two, and three, and electrical has been shut off from day one when Vicky shared with me. There's nobody inhabitating the enclosure or the garage, and operational costs have been paid. I did hire a gentleman -- his name is Frank Sheer. He's an architect -- about a week ago. Actually, I contacted him in the first Page 48 November 22, 2013 place, but because of a lot of projects that he's working on -- and this is too small a project -- he wouldn't take it even though that he is a friend of a friend of mine. But after I came back in the States I called him, and I asked him if he can help me with this, and he said that he will, but he needs a little bit more time. I followed up with him yesterday again. He shared with me the process that will be done, that he needs to first come out. He already has the blueprints for the house that he pulled, and now he needs to, like, do some drawings and things like that, but before all that, he needs to do the measuring. And he said that after the Thanksgiving weekend to call him back on Monday, schedule the time so he can come out and inspect that, do everything that's needed, and then follow up with me and Renald. I'm learning a lot in this process. I'm feeling bad that I'm in violation, but I'm learning a lot. CHAIRMAN KAUFMAN: Okay. Did he give you any indication -- there are generally two ways to take care of this problem. One way is to submit paperwork, if you will, to have the permits issued -- they call it after the fact. They charge you more for it, but they can issue a permit for what's there. That's one way, or convert it back to being a garage. That's another thing that can be done. So did he give you any indication of how long or what he was going to do to resolve the problem? MR. PAVICEVIC: Renald has shared that with me, and thank you for that. What I did, I shared with an architect, with Frank that I would like to apply for the permit after everything's been done. So I do not want to go into the process of demolition and putting back in a -- how it used to be, so I'm looking for that direction. He didn't give me the dates. He -- can you share with me what's the usual or how can I find out what is the usual, like, process that it takes? Page 49 November 22, 2013 I will work and do everything that I can that's in my power, and the same time I will work with Frank to try to get all this resolved. CHAIRMAN KAUFMAN: Okay. Let me talk to the county and see what they have to say, and we can go from there. MR. PAVICEVIC: Thank you. CHAIRMAN KAUFMAN: Good morning. MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement investigator. I know Veljko did say he was in compliance with 1, 2, and 3 of the order. He's in compliance with 1 and 3, just to make that clear. We have no objection for an extension. Investigator Giguere started this case. She reinspected and confirmed there's no one living in the garage, and the electricity was shut off. We have no objection for more time. MR. LEFEBVRE: Do you think he will be able to get the after-the-fact permit being that it's going to increase the square footage of the house, which he's going to have to pay impact fees, and usually the garage lower than your -- the normal level of the house? MS. PULSE: I don't know what's going to be required for that, honestly. MR. LEFEBVRE: It may take a lot more work to make it so you can permit it, because it's lower -- typically a garage is lower than your living space, which may mean that you may have to raise up the level of the floor and everything. So it might be easier -- what I'm afraid is that you're going to take this time to go down the road of trying to get a permit, and if we give you an extension of, let's say, 60 days or 90 days, you're going to exhaust all that time to find out that you can't actually permit it, or you're going to have to pay impact fees, and it's going to be a substantial amount of money to pay impact fees to get it permitted, and you're going to be back in front of us again in 60 or 90 days or whatever time frame we decide if we decide to extend it. Page 50 November 22, 2013 CHAIRMAN KAUFMAN: I think that it will probably take you some time to figure out which direction you're going to go in. There's no question about that. Other things, if you have other bedrooms, they sometimes require additional septic tank -- there are no sewers out there -- expansion. So this could be -- it could be good; it could be bad. We don't know; you don't know yet. It's the person that you're working with. I personally have no problem in -- you're going to be around now for a while? MR. PAVICEVIC: Yes, yes. I will be here for next five to six months. CHAIRMAN KAUFMAN: Okay. I have no problem granting some sort of an extension so that you can figure out what you're going to do and then get it started. To return it back to the way it was -- MR. PAVICEVIC: Thank you. CHAIRMAN KAUFMAN: -- doing a demo in there, taking the wall out of the garage or whatever. Is there a garage door still on the property? MR. PAVICEVIC: The garage door, yes. On the outside everything looks the same. On the inside, there is the wall. So that's enclosed on the inside. And then the garage was split in half with the additional wall and the door. MR. LEFEBVRE: Let me ask you, Flamingo Estates, is that septic or sewer? MR. PAVICEVIC: That's sewer. CHAIRMAN KAUFMAN: Oh, it is sewer, okay. That makes things a lot easier. MR. PAVICEVIC: It's right off Airport-Pulling, behind there. MR. MIESZCAK: What's your intended use for the garage? MR. PAVICEVIC: I don't have -- just like a storage. I mean, I don't know -- I would -- I kind of-- I'm thinking it would be better used as a garage, but the wall is already put up, so I don't want to go Page 51 November 22, 2013 through all the additional expenses of, like, getting demolition and all these other things. So I'm like, if it's already built and it's done, it can be used. MR. LEFEBVRE: I make a motion to grant 120 days, but within that 120 days it has to be either permitted, after-the-fact permit, or a demo completed, so returned back to the original state. MR. PAVICEVIC: Thank you. MR. LEFEBVRE: So you're going to have -- the board has to vote on it still. But you'll have to do one or the other within that 120 days. MR. PAVICEVIC: Yes. MR. LEFEBVRE: Okay. MR. PAVICEVIC: Yes, sir. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. HUDSON: Second. CHAIRMAN KAUFMAN: And we have a second by Chris. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now -- so you have 120 days. MR. PAVICEVIC: Yes. CHAIRMAN KAUFMAN: So that you'll be here the whole time. MR. PAVICEVIC: Yes, sir. CHAIRMAN KAUFMAN: This is an example, once again, of Page 52 November 22, 2013 realtors, when they are in houses and they step down, typically, inside a house, a light should go off in their heads saying, is this a legal permit or not. And they asked the right questions, but they got answers that were not quite true. So they made provisions to have code enforcement check out a property before you purchase it to see if that property is in violation. Had you done that, you wouldn't have these problems right now. MR. PAVICEVIC: I learn the hard way. CHAIRMAN KAUFMAN: Well, I just wanted to say that for the record, because it was one of the best things that the Naples Board of Realtors enacted, to make that part of everybody's package, that they should notify a prospective buyer of their ability to do that. So thank you and hopefully -- MR. PAVICEVIC: Thank you. And if I may, I just want to -- through this process I'm learning a lot, and I'm really grateful for the opportunity to live here in Naples, and that you have all these things really well organized. I mean, it's a really, really good process. CHAIRMAN KAUFMAN: Well, thank you very much. MR. PAVICEVIC: I appreciate it. My pleasure. Thank you. MS. PULSE: Thank you. MR. LEFEBVRE: Have a good day. MS. TOOLEY: The sixth case is Case No. CESD20130008411 . Owner, Charles H. Freeman. MR. LEFEBVRE: We're back to Shores. MS. TOOLEY: Oh, I'm sorry. CHAIRMAN KAUFMAN: It's out of order. MS. TOOLEY: Number 5. CHAIRMAN KAUFMAN: This is the one that we denied the extension of time to. MS. TOOLEY: Okay, sorry. Case No. 5. Case number is CESD20120015193. Owner, Mark and Ann Shores. Page 53 November 22, 2013 (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 431 12th Avenue Northwest, Naples, Florida, 34120; Folio No. 37544720000. Description: Interior and exterior modification to the home without first obtaining all required Collier County building permits, inspections, and a certificate of completion/occupancy. Past orders: On January 24, 2014 (sic), 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. On June 27, 2013, an extension of time was granted. See the attached order of the board, OR4883, Page 3214, and OR4982, Page 3860, for more information. The property is not in compliance with the Code Enforcement Board orders as of November 22, 2013. The fines and costs to date are described as the following: Order Item No. 1 and 2, fines at the rate of $250 per day for the period between October 26, 2013, and November 22, 2013, 28 days, for the total of$7,000. Fines continue to accrue. Previously assessed operational costs of$80.29 have not been paid. Total amount to date: $7,080.29. MR. LEFEBVRE: I have a question. Last time when we granted an extension, I don't remember, but was the respondent here? MR. AMBACH: He was. I wasn't here either, sir. My supervisor presented the case, and he did show up, yes. MR. LEFEBVRE: And typically, when we extend -- give an extension, the fine -- the operational costs have to be paid. So more Page 54 November 22, 2013 than likely we said operational costs have to be paid, and he agreed to pay them, which they have not been paid. MR. AMBACH: That's correct. MR. LEFEBVRE: So I make a motion that we impose the fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. ASHTON: Second. CHAIRMAN KAUFMAN: And we have a second. Before I call -- I do remember, in this particular case, that the respondent said he was going to go down right now and pay the operational costs, and that was one of the -- if you pay it, we'll grant you the extension, and that fell through the cracks somehow. So the fines continue to accrue. MR. AMBACH: Yes. CHAIRMAN KAUFMAN: So it doesn't much matter right now, but, okay. I'll call the question. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. HUDSON: Nay. CHAIRMAN KAUFMAN: Okay. We -- one dissention. MS. TOOLEY: Okay. That brings us to Case No. 6. The case number is CESD20130008411. Owner, Charles H. Freeman. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Page 55 November 22, 2013 Location: 2860 8th Street Northwest, Naples Florida, 34120; Folio No. 37641240001 . Description: Detached garage with partial completion has canceled permit. Past orders: On August 22, 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, OR4962, Page 790, for more information. The property is not in compliance with the Code Enforcement Board orders as of November 22, 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 October 22, 2013, and November 22, 2013, 32 days, for the total of$6,400. Fines continue to accrue. Previously assessed operational costs of$81 .43 have not been paid. Total amount to date: $6,481.43. CHAIRMAN KAUFMAN: Okay. It says canceled permit. Was this canceled by Mr. Freeman or canceled by the county? MR. AMBACH: It was issued, and in the process of this case, he passed away, so that's kind of-- went to the foreclosure team. They worked a little bit with the bank, but the bank couldn't do anything. It remains in that state now. MR. LEFEBVRE: Is there a trust or someone that is taking care of the property? MR. AMBACH: I don't see -- and this is Investigator Davis' case. I don't see any notes in here at all that reference any kind of trust. MR. LEFEBVRE: Or, you know, is there any next of kin or anything? MR. AMBACH: Not that's noted. Page 56 November 22, 2013 MR. MIESZCAK: Motion to impose the fine. CHAIRMAN KAUFMAN: We have a motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. ASHTON: Aye. MR. LEFEBVRE: (No verbal response.) CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. HUDSON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: I guess -- I guess I'm going to pry a little bit more on this one, since he has passed away. Was there a contractor working on this at all or -- I'm just trying to pry because, I mean, I hate to impose a fine -- MR. AMBACH: No, I understand. MR. L'ESPERANCE: It's already done. MR. LEFEBVRE: I know. MR. AMBACH: Yeah. I don't have that information, sir, if there was a contractor involved on the original permit. MR. MIESZCAK: You know, I think once you impose a fine, everything will surface. People come out of the woodwork. Here they're hiding. Until you do that, it happens. This is good to go ahead. MR. LEFEBVRE: But what I'm trying to get at is if there's a representative or someone, they might not be in the loop or might not have gotten -- hopefully they'll pick up the guy's mail. But just when you said he had passed away -- MR. AMBACH: I mean, you know, the notes in here, Investigator Michele Crawley noted "owner's deceased." It was in lis pendens filed with CitiBank in 2010. MR. LEFEBVRE: Okay. Page 57 November 22, 2013 MR. AMBACH: So they were in the process of foreclosure at the time. MR. LEFEBVRE: Okay. It's -- 2010 is three years ago, so -- very good. Thank you very much. MR. AMBACH: You're welcome. Thank you. CHAIRMAN KAUFMAN: That brings us to -- I think we're done with all the orders? MS. TOOLEY: Yep, that's it. CHAIRMAN KAUFMAN: Okay. Reports? Jeff? MR. WRIGHT: Good morning, Mr. Chair, Board Members. A quick report on some of our numbers. This was provided to you, hopefully, in your packet. And this is through November 17th. And the first set of numbers is from November 8th -- I'm sorry -- November 2008 through November 17, 2013. Total abatement costs paid by lenders: $3.3 million. Total violations abated by lenders: 2,968. And during the period of time from July 2009 through November 17th, the amount of fines waived by the Board of County Commissioners, Code Enforcement Board, and special magistrate is $13.86 million. And some statistics -- these numbers were all for Fiscal Year '14 (sic). Like I said, it's through November 17th, so it's about a month and a half worth of data so far. Abatement costs paid by lenders: $28,791 . Number of violations is 59. Number of code cases opened: 1,302. Number of educational patrols: 1,173. Number of code case property inspections: 3,480. And between meet and greets, cleanup events, and home sweeps, we've had 37 events, and I compared that with last year. I think for the total of the year we had somewhere in the eighties. So we're on a Page 58 November 22, 2013 pretty brisk schedule to do a lot of community action. The next number is the amount of fines waived so far this fiscal year: $534,700. Number of bankruptcy documents received: 31 . Number of requests for lien searches is 1,025. And out of those, 86 codes case were found, open code cases. And that's all I have. MR. MIESZCAK: Very good. CHAIRMAN KAUFMAN: The lien searches, we see -- again, a meeting doesn't go by where we see a case that, had they done a lien search, they would have picked it up, and we wouldn't have a case here, and there wouldn't be fines, so it's certainly worthy -- a lesson to be learned by people who are purchasing properties. MR. WRIGHT: And I would add, it's only $25. MR. MIESZCAK: That's a good point. CHAIRMAN KAUFMAN: Our next meeting is scheduled for January 23rd, so we'll see everybody next year. MR. MIESZCAK: Merry Christmas to all. MR. LEFEBVRE: Happy Thanksgiving. MR. MIESZCAK: And Thanksgiving's coming, but -- CHAIRMAN KAUFMAN: Okay. Go ahead. MR. MIESZCAK: Motion to adjourn. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MR. MARINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: We are adjourned. Page 59 November 22, 2013 ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:29 a.m. CODE ENFORCEMENT BOARD t1 BERT K FMAN, Chairman These minutes approved by the Board on )023/ , as presented 'Y or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 60