CEB Minutes 03/27/2014 Code
Enforcement
Board
Minutes
March 27 , 2014
March 27, 2014
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, March 27, 2014
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, Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
Gerald Lefebvre
James Lavinski
Larry Mieszcak
Lisa Chapman Bushnell
Tony Marino (Absent)
Robert Ashton (Excused)
Lionel L'Esperance (Excused)
ALSO PRESENT:
Jean Rawson, Attorney to the CEB Board
Jeffrey Wright, Code Enforcement Director
Kerry Adams, Code Enforcement
Page 1
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGENDA
Date: March 27, 2014
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.
I. PLEDGE OF ALLEGIANCE
2. ROLL CALL
Robert Kaufman,Chair Lionel L' Esperance
Gerald Lefebvre,Vice Chair Tony Marino
James Lavinski Larry Mieszcak
Robert Ashton Lisa Chapman Bushnell,Alternate
3. APPROVAL OF AGENDA
4. APPROVAL OF MINUTES
A. February 27,2014 Hearing
5. PUBLIC HEARINGS/MOTIONS
A. Motions
Motion for Continuance
1
Motion for Extension of Time
1. CASE NO: CESD20120002439
OWNER: KOMNINOS,KONSTANTINE&MERRILL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A);2007 FLORIDA BUILDING CODE,CHAPTER I,SECTION 110.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
I0.02.06(B)(I)(a)AND SECTION I0.02.06(B)(I)(e)(i).NO CO OBTAINED FOR GARAGE
CONVERSION,CBS 3 CAR GARAGE,SHINGLE RE-ROOF.AN 8X38 ADDITION TO SINGLE
FAMILY HOME, WOODEN FENCE, AND THREE ACCESSORY STRUCTURES WERE ADDED
WITHOUT PERMITS
FOLIO NO: 41933010003
VIOLATION
ADDRESS: 6161 SPANISH OAKS LN,NAPLES, FL 34119
2. CASE NO: CESD20120010474
OWNER: DOMINGUEZ, FRANCISCO&OLGA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
I0.02.06(B)(I)(A).A MOBILE HOME PLACED ON A VACANT LOT 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.
FOLIO NO: 00067120004
VIOLATION
ADDRESS: 2776 STATE ST, IMMOKALEE, FL 34142
B. Stipulations
2
B. Stipulations(continued)
C. Hearings
1. CASE NO: CESD20130015849
OWNER: TIGNER,CLETUS W& VIRGINIA D NANCY WILLIAMS
OFFICER: INVESTIGATOR ERIC SHORT
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
I0.02.06(B)(1)(a). WINDOWS REPLACED ON THE MOBILE HOME ADDITION WITHOUT
VALID COLLIER COUNTY PERMIT(S).
FOLIO NO: 60583400002
VIOLATION
ADDRESS: 59 MOORHEAD MANOR, NAPLES, FL 34112
2. CASE NO: CEOCC20130019559
OWNER: LANGLEY, MARK ADRIAN& MARGARITA OBANDO RECIO
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03.
OPERATING AN INN-TYPE LODGING BUSINESS IN A RESIDENTIAL ZONED DISTRICT
FOLIO NO: 65320680006
VIOLATION
ADDRESS: 445 PALM RIVER BLVD,NAPLES,FL 34110
3. CASE NO: CESD20130008321
OWNER; LOUISSAINT,ANTONIO
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
10.02.06(B)(I)(A). AN UNPERMITTED ADDITION BEING USED AS LIVING SPACE WITH A
THREE FIXTURE BATHROOM TO INCLUDE ELECTRIC AND PLUMBING. ALSO INSTALLED
NEW WINDOWS AND DOORS ALL CONSTRUCTED WITHOUT FIRST OBTAINING THE
AUTHORIZATION OF THE REQUIRED PERMIT(S), INSPECTION(S)AND CERTIFICATE(S)OF
OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY BUILDING CODE.
FOLIO NO: 00134120005
VIOLATION
ADDRESS: 610 S 5TH ST, IMMOKALEE,FL 34142
3
4. CASE NO: CEPM20140000021
OWNER: PINO,TERESITA
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-
242. UNSECURE VACANT STRUCTURE CREATING A PUBLIC NUISANCE.
FOLIO NO: 36615400001
VIOLATION
ADDRESS: 4261 1ST AVE SW,NAPLES, FL 34119
5. CASE NO: CESD20140000470
OWNER: SIMMONS,WILMA
OFFICER: INVESTIGATOR JAMES DAVIS
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION
I0.02.06(B)(1)(e)(i). UNPERMITTED STORAGE STRUCTURE.
FOLIO NO: 37747480008
VIOLATION
ADDRESS: 531 18TH AVE NE,NAPLES, FL 34120
6. CASE NO: CEPM20130019061
OWNER: HUBSCHMAN,SIDNEY JOHN
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(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN
UNHEALTHY CONDITION.
FOLIO NO: 30550000054
VIOLATION
ADDRESS: 2600 COACH HOUSE LN,NAPLES, FL 34105
7. CASE NO: CESD20140000805
OWNER: RUIZ, ELIZARDO YISLEN DE LA 0
OFFICER: INVESTIGATOR JOSEPH GIANNONE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(l)(a)AND 10.02.06(B)(I)(e). BUILDING A REAR DOCK, WITHOUT THE PROPER
COLLIER COUNTY PERMITS.
FOLIO NO: 36451600007
VIOLATION
ADDRESS: 2883 50TH TER SW,NAPLES, FL 341 16
4
8. CASE NO: CEPM20130018872
OWNER: PARKER,BRENT R
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(1)&(11).NO WATER AND/OR ELECTRIC SERVICE BEING PROVIDED TO AN
OCCUPIED RENTAL DWELLING.
FOLIO NO: 24533040005
VIOLATION
ADDRESS: 85 7TH ST, BONITA SPRINGS, FL 34134
9. CASE NO: CESD20130006171
OWNER: LABRIE, IRIS
OFFICER: INVESTIGATOR MICHELE MCGONAGLE
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
I0.02.06(B)(1)(a). PERMIT PRBD20120101674 EXPIRED WITHOUT OBTAINING CERTIFICATE
OF COMPLETION.
FOLIO NO: 55901 120005
VIOLATION
ADDRESS: 266 6TH STREET WEST, BONITA SPRINGS,FL 34134
10. CASE NO: CEPM201300I 1590
OWNER: CHIEFFO,MARK J& AMY K
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(12Xi),(I2)(n),&(20). INOPERABLE WINDOWS, SCREENS AND DOOR OF ACCESSORY
STRUCTURE IN DISREPAIR AND NO SMOKE DETECTORS.
FOLIO NO: 65420400005
VIOLATION
ADDRESS: 478 CYPRESS WAY E, NAPLES, FL 34110
11. CASE NO: CESD20130019533
OWNER: ROOKERY BAY BUSINESS PARK 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: 732800002
VIOLATION
ADDRESS: NO SITE ADDRESS
5
6. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
1. CASE NO: CESD20120002439
OWNER: KOMNINOS, KONSTANTINE& MERRILL
OFFICER: INVESTIGATOR JOHN CONNETTA
VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,
SECTION 130-96(A);2007 FLORIDA BUILDING CODE,CHAPTER 1,SECTION 110.1 AND
COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION
I0.02.06(B)(I)(A)AND SECTION 10.02.06(B)(1)(E)(I).NO CO OBTAINED FOR GARAGE
CONVERSION,CBS 3 CAR GARAGE, SHINGLE RE-ROOF.AN 8X38 ADDITION TO SINGLE
FAMILY HOME, WOODEN FENCE,AND THREE ACCESSORY STRUCTURES WERE ADDED
WITHOUT PERMITS
FOLIO NO: 41933010003
VIOLATION
ADDRESS: 6161 SPANISH OAKS LN,NAPLES, FL 34119
2. CASE NO: CESD20120010474
OWNER: DOMINGUEZ,FRANCISCO&OLGA
OFFICER: INVESTIGATOR MARIA RODRIGUEZ
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
I0.02.06(B)(IXA). A MOBILE HOME PLACED ON A VACANT LOT 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.
FOLIO NO: 00067120004
VIOLATION
ADDRESS: 2776 STATE ST, IMMOKALEE, FL 34142
3. CASE NO: CESD20120003854
OWNER: EUGENE,WILKERT& FIDELENE
OFFICER: INVESTIGATOR COLLEEN CRAWLEY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(1)(A). PERMIT FOR ADDITION THAT HAS NOT COMPLETED ALL INSPECTIONS
AND RECEIVED CERTIFICATE OF COMPLETION/OCCUPANCY.
FOLIO NO: 35757800007
VIOLATION
ADDRESS: 4478 I8TH AVE SW,NAPLES, FL 34116
4. CASE NO: CESD20120015319
OWNER: SOUTHWEST FLORIDA RENTALS LLC
OFFICER: INVESTIGATOR MICHAEL CLARK
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(I)(A). PERMIT NUMBER 20120203549 FOR INTERIOR REMODELING UNIT B
EXPIRED WITHOUT COLLIER COUNTY PERMIT. ALSO INTERIOR REMODELING OF UNIT
A BEING CONDUCTED WITHOUT FIRST APPLYING FOR COLLIER COUNTY BUILDING
PERMIT.
FOLIO NO: 48783840002
VIOLATION
ADDRESS: 8085 BAYSHORE DR,NAPLES, FL 34112
6
5. CASE NO: CESD201200155I0
OWNER: TAUB,JOHN F
OFFICER: INVESTIGATOR COLLEEN CRAWLEY
VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION
10.02.06(B)(I)(A)AND I0.02.06(B)(I)(E). POOL,SCREEN ENCLOSURE, AND ADDITION TO
SINGLE FAMILY HOME, ADDED WITHOUT OBTAINING COLLIER COUNTY BUILDING
PERMITS.
FOLIO NO: 41826960008
VIOLATION
ADDRESS: 5150 HICKORY WOOD DR,NAPLES, FL 34119
6. CASE NO: CESD20120016883
OWNER: LOPEZ,JOSE&SARA
OFFICER: INVESTIGATOR JAMES KINCAID
VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS. (PERMITS, INSPECTIONS,CERTIFICATE OF
OCCUPANCY REQUIRED)COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS
AMENDED,SECTION 10.02.06(B)(1)(A). SCREEN PORCH AT FRONT OF PROPERTY,
COVERED PORCH AT REAR OF PROPERTY AND DETACHED STRUCTURE(S)/SHED(S)[N
REAR YARD OF PROPERTY ALL BUILT WITHOUT APPLICABLE COLLIER COUNTY
PERMITS.
FOLIO NO: 62093360009
VIOLATION
ADDRESS: 5323 GEORGIA AVE, NAPLES, FL 34113
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
April 24,2014
12. ADJOURN
7
March 27, 2014
CHAIRMAN KAUFMAN: Good morning. I'd like to call
the Code Enforcement Board to order.
Note that the respondent may be limited to 20 minutes for
case presentation unless additional time is granted by the board.
Persons who wish 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.
So let's start out with the Pledge of Allegiance.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Thank you. And I'd like to
remind everybody who has cell phones, which is probably
everybody, to turn them off.
And let's start with the roll call.
MS. ADAMS: Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Present.
MS. ADAMS: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. ADAMS: Mr. James Lavinski?
MR. LAVINSKI: Here.
MS. ADAMS: Mr. Larry Mieszcak?
MR. MIESZCAK: Here.
MS. ADAMS: Ms. Lisa Chapman Bushnell.
MS. BUSHNELL: Here.
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March 27, 2014
MS. ADAMS: And Mr. Robert Ashton and Mr. Lionel
L'Esperance both have excused absences, and Mr. Tony Marino
is absent.
CHAIRMAN KAUFMAN: Okay. So on this agenda today,
Lisa will be a full voting member.
Let's go and see the changes that we have to the agenda for
today.
MS. ADAMS: Number five, public hearings, A, motions,
motion for extension of time.
We have one addition. It's No. 4 from imposition of fines.
Case CESD20120015319, Southwest Florida Rentals, LLC.
Letter B, stipulations, we have two additions. The first one
is No. 3 from hearings. Case CESD20130008321, Antonio
Louissaint. The second one is No. 10 from hearings. It's case
CEPM20130011590, Mark J. and Amy K. Chieffo.
Letter C, hearings, No. 2, Case CEOCC20130019559, Mark
Adrian Langley and Margarita Obando Recio, has been
withdrawn.
Number 5, Case CESD20140000470, Wilma Simmons, has
been withdrawn.
Number 7, Case CESD20140000805, Elizardo Ruiz and
Yislen De La 0, has been withdrawn.
Number 11, Case CESD20130019533, Rookery Bay
Business Park, LLC, has been withdrawn.
And that's the changes.
CHAIRMAN KAUFMAN: Okay. Can I get a motion from
the board to modify the agenda as amended?
MR. LAVINSKI: Motion to accept the changes.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: We have a motion and a
second.
All those in favor?
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March 27, 2014
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Now, for the approval of the minutes. I read the minutes,
and there's a problem with last time's minutes. Lisa was a full
voting member at the last meeting, and where all of the votes are
taken, Lisa's name was omitted and my name was omitted as
well, so the chairman does get a vote. And so if the minutes can
be corrected to reflect that.
Okay. As modified, I'd like to take a motion to accept the
minutes as modified.
MR. LAVINSKI: Motion --
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: Okay. All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Okay. Let's start out with first motion for extension of time.
MS. ADAMS: The first case will be CESD20120002439,
Konstantine and Merrill Komninos.
(The speakers were duly sworn and indicated in the
affirmative)
Page 4
March 27, 2014
CHAIRMAN KAUFMAN: Okay. Why don't you -- to
begin with, why don't you identify yourself for the court reporter
for the record.
MR. KOMNINOS: Sure. My name is Konstantine
Komninos, and I am the current owner -- the present owner of
6161 Spanish Oaks Lane, Naples, Florida.
CHAIRMAN KAUFMAN: Okay. Now, originally on this
case, I saw it was Roger and Tammy McCauley.
MR. MUCHA: Yes, sir.
CHAIRMAN KAUFMAN: So is this a case where it was
foreclosed and purchased or whatever?
MR. MUCHA: Correct.
CHAIRMAN KAUFMAN: Okay. And you knew about
this case prior to purchasing the --
MR. KOMNINOS: Yes, I did. Yes, I did, Mr. Kaufman,
yes.
CHAIRMAN KAUFMAN: Okay. So why don't you
explain where we are and what you're asking for.
MR. KOMNINOS: Sure. Thanks for asking. We acquired
the property in early January. We've completed some of the
remediations that are needed, including taking down some of the
structures that were on setback violations and the extension.
We've opened and are working on four current permitted
jobs, and we're also in the process of gaining the bigger permit,
which will allow us to finish the property on the interior, the
plumbing, the electrical, which we have not attained yet. We're in
the process of getting that.
So our intention is to remediate all the past issues that the
property had, bring it up to code, finish it, and then live in the
property and --
CHAIRMAN KAUFMAN: Live happily ever after.
MR. KOMNINOS: Hopefully, hopefully.
Page 5
March 27, 2014
CHAIRMAN KAUFMAN: Okay. Joe, do you have any
comments on this?
MR. MUCHA: I was just going to say Mr. Komninos has
been in contact with us since he purchased the property. He's got
four permits in the works right now, as he said, and I feel very
confident he's going to get the job done.
CHAIRMAN KAUFMAN: Okay. Do you think three
months is sufficient time to get everything done?
MR. KOMNINOS: I would like to say yes, Mr. Kaufman,
but given the way the permitting process kind of works itself out
and also the way contractors work, I would say it might cut me a
little close. I would ask for six months, which I think would give
me a little bit more breathing room. I hope to be done.
It is my intention to move in by June 30th, because that's
when my current lease is up, but that being said, I don't know
how the permitting works and how soon we'll attain it and, upon
attaining, how quickly, then, the contractors can close out the
work.
MR. LEFEBVRE: I make a motion to extend it for six
months.
MR. KOMNINOS: Thank you.
MR. MIESZCAK: I'll second.
CHAIRMAN KAUFMAN: We have a motion and a second
to extend it for six months.
Any comments on that?
(No response.)
CHAIRMAN KAUFMAN: Okay. All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
Page 6
March 27, 2014
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Good luck.
MR. KOMNINOS: Thank you.
MR. MUCHA: Thank you.
MS. ADAMS: Mr. Chairman, just a reminder, there's
operational costs for this -- for the extension of time.
CHAIRMAN KAUFMAN: Okay. Are these the additional
operational costs of$63.74?
MS. ADAMS: Yes, sir.
CHAIRMAN KAUFMAN: Okay. You're aware of that, for
today's hearing?
MR. KOMNINOS: Oh, yes, yes. I knew about that.
CHAIRMAN KAUFMAN: So it's an additional -- the
original ones were 81.72, which were paid. And this hearing
today is $63.74 for court costs, if you will.
MR. KOMNINOS: Sure, okay. And where do I --
CHAIRMAN KAUFMAN: They're due within 30 days.
They can -- Joe will take care of showing you --
MR. KOMNINOS: Sure.
CHAIRMAN KAUFMAN: -- where to put the check.
MR. KOMNINOS: Okay.
MR. LEFEBVRE: I'd like to just amend my motion, and if I
have a second on it, that these operational costs in the amount of
$63.74 be paid within 30 days.
MR. KOMNINOS: Okay.
MR. MIESZCAK: Second that.
CHAIRMAN KAUFMAN: Okay. It's been seconded, the
amendment.
All those in favor?
MR. MIESZCAK: Aye.
Page 7
March 27, 2014
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thank you.
MR. KOMNINO S: Thanks again.
MR. MUCHA: Thank you.
MS. ADAMS: The second extension of time is Case
CESD20120010474, Francisco and Olga Dominguez.
(Ms. Rodriguez was duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Okay. Can you identify
yourself on the microphone.
MR. DOMINGUEZ: Francisco Dominguez.
CHAIRMAN KAUFMAN: Do you have any problem with
English?
MR. DOMINGUEZ: Not in English.
MR. LEFEBVRE: And you're going to be translating for
him?
MS. DOMINGUEZ: Yes.
CHAIRMAN KAUFMAN: Okay. So swear her in as a
translator.
(Greta Dominguez was duly sworn to translate from English
to Spanish and Spanish to English to the best of her ability.)
(Mr. Dominguez was duly sworn and indicated in the
affirmative.)
MR. LEFEBVRE: If you could please pull the mic down.
Thanks.
CHAIRMAN KAUFMAN: Okay. Why don't you describe
Page 8
March 27, 2014
what you're asking for, why you're asking for it, and that way we
can start to hear the case.
MS. DOMINGUEZ: He wanted to extend it for another 30
days, I believe. Yeah, 30 days. He -- we called for an
inspection, I believe, Tuesday, but they didn't go through for the
final, so he --
CHAIRMAN KAUFMAN: Okay. Hold the mic down
closer. Now we can hear you better. So you need -- you're
looking for a 30-day extension.
MS. DOMINGUEZ: Yes.
CHAIRMAN KAUFMAN: What -- do you have one
inspection that's left to get?
MS. DOMINGUEZ: Yes.
CHAIRMAN KAUFMAN: Okay. This was for an
imposition of fines. Why don't you give us your --
MS. RODRIGUEZ: For the record, Maria Rodriguez,
Collier County Code Enforcement Board.
He has one inspection left to go, and they did call on
Tuesday, and something very minor went wrong. So today the
contractor that they hired went to go fix whatever needed to be
fixed, and he was going to call in the inspection today. Hopefully
tomorrow they'll inspect. So he's asking for 30 days. It may be a
little bit too much, but just in case.
MR. LEFEBVRE: I make a motion to extend 30 days.
MR. MIESZCAK: I'll second the motion for 30 days.
CHAIRMAN KAUFMAN: Do you need to add the costs
on this as well?
MR. LEFEBVRE: And operational costs for today's
hearing of$63.74 will be paid within 30 days.
MR. MIESZCAK: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second to grant the 30-day extension.
Page 9
March 27, 2014
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
You have to pay today's court costs, which are 63.74, and
Maria will show you how to take care of that, and that happens
within 30 days. Okay.
MR. MIESZCAK: Thank you. Good luck.
CHAIRMAN KAUFMAN: Thank you.
MR. DOMINGUEZ: Gracias. Thank you.
MS. ADAMS: The next motion for extension of time is
from imposition of fines No. 4. It's Case CESD20120015319,
Southwest Florida Rentals, LLC.
CHAIRMAN KAUFMAN: Good morning.
(The speakers were duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Okay. Can you identify
yourself on the mic.
MR. MANSOUR: Yes. My name is Brian Mansour. I'm
with Southwest Florida Rentals.
CHAIRMAN KAUFMAN: And you have the authority to
talk for Southwest Florida Rentals?
MR. MANSOUR: Yes, I do. I'm the managing member.
CHAIRMAN KAUFMAN: Okay. Why don't you let us
know -- this was a case for -- was interior remodeling without a
permit, and this was seven months ago. Okay.
MR. MANSOUR: Yes. I'm here to request an extension of
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March 27, 2014
time for my case number. Should I spell the case number?
CHAIRMAN KAUFMAN: No, you don't have to. Just --
MR. MANSOUR: Okay. The code enforcement action was
originally taken as a result of repairs being made without a
permit. I had hired a contractor. He gave me a quote, said he
was licensed and insured. Evidently he was not. He had a
hookup with a contractor to go underneath his license.
My problem was that I paid him a portion of the quote up
front, and months would go by without any activity on the
property. Finally it came to the point where I was under a code
enforcement action. I signed an agreement to finish the property
within six months, and it was getting so close to the end that I
had to forego the money that I paid this guy and switch to a
different contractor who then started work on the property.
But because of the damage that was done to the property
because of inactivity -- there was a hole in the roof-- the Collier
County determined that the scope of the project had expanded too
much to stay within the FEMA guidelines, so they had to shut
down the property. I couldn't finish it.
I had a meeting with some of the building officials, and they
said I had two alternatives. One is to try to lift the floor up to
bring it under a FEMA guideline or to tear the property down.
Lifting the floor up is almost, to me, the same as having to tear it
down because of the work that was involved.
I'm asking for an extension because, now instead of
finishing it, I have to tear the property down, but I've got a
mortgage on the property. So I'd like to have some more time to
try to make arrangements for that mortgage to switch to a
different property or pay them.
CHAIRMAN KAUFMAN: The request that you're making
is for how much time?
MR. MANSOUR: Six months time to allow me to tear the
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March 27, 2014
house down.
CHAIRMAN KAUFMAN: Okay. Generally, a permit to
remove the house certainly wouldn't take six months.
MR. MANSOUR: And I understand that.
CHAIRMAN KAUFMAN: This is a money issue more
than it is a --
MR. MANSOUR: Because I've got a mortgage on the
property. If it was free and clear, I would do it tomorrow.
CHAIRMAN KAUFMAN: So you have to --
MR. MANSOUR: I have to make arrangements to allow
another mortgage -- or him to put a mortgage on another piece of
property that I would have.
CHAIRMAN KAUFMAN: Just a side question. Have you
taken this to the Contractors' Licensing Board?
MR. MANSOUR: You know, I talked to them, and they
said that the only recourse I have with the guy is a civil action.
CHAIRMAN KAUFMAN: Okay. And from the county?
MR. CLARK: For the record, Michael Clark, Collier
County Code Enforcement Board.
CHAIRMAN KAUFMAN: Okay. Michael?
MR. CLARK: This property has -- he's had numerous
permitting extensions, and we spoke about it two days ago at
length. Basically, he would get a permit, and once the permit
expired, he would reactivate the permit, and then it would expire
again. Then he'd either get it reactivated or he'd request an
extension.
He would get the extension. The issue is, is that he has not
done any of the inspections on the permits that he's obtained, or if
they are reactivated.
He did have -- he did change contractors several times; that
is true. But, however, the inspections -- once he'd get the permit
either reactivated or get it renewed for -- extended, no inspections
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March 27, 2014
are completed to date.
The permit, as of yesterday, is now expired.
CHAIRMAN KAUFMAN: Okay. And what you're
requesting -- what you're saying is that you're going to get a new
permit for the demolition of the property?
MR. MANSOUR: That's correct, but what I wanted to
clarify was that I had a contract with one contractor, although
that shows up as a few, because the guy that I was using,
evidently, did not have a license. He had to go to a contractor to
get -- apply for license. I've got -- I sent the county a long
history of texts with this guy, me pushing him to say, do you
have the permit? Do you have the permit? When are you
starting? When are you starting?
Again, my problem was I paid him money up front, which
put me in this position.
CHAIRMAN KAUFMAN: Okay. Is the county
recommending that he be granted additional time?
MR. CLARK: We're going to go with the discretion of the
board. We just wanted to point out those factors.
CHAIRMAN KAUFMAN: Okay. This is, again, seven
months old.
MR. LEFEBVRE: When did you realize that the damage
was too severe that the building could not be repaired, that it
would have to be taken down or brought up to current FEMA?
MR. MANSOUR: Once the new contractor started.
MR. LEFEBVRE: Which was when?
MR. MANSOUR: December, I believe, of 2013. That's
when it was determined. He actually started working on it, and
then the county told him he had to stop because the scope had
expanded at that time.
CHAIRMAN KAUFMAN: The person that was working
on it, were they licensed?
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March 27, 2014
MR. MANSOUR: Yes. The last person was.
CHAIRMAN KAUFMAN: Okay.
MR. MANSOUR: The one that was working on it before,
evidently, was not, and he had to hire or hook up with a
contractor that had a license that applied for the permit.
CHAIRMAN KAUFMAN: I'm a little confused. If the
only remedy is to tear it down, what was the contractor doing?
MR. MANSOUR: Well, the only remedy to tear it down is
because now -- because the roof was damaged to the point where
water was leaking into the building, what was originally
contracted for had expanded, and because of FEMA regulations
they said -- I'd prefer to finish it right now, but they said because
of FEMA standards it exceeded the value of the property by more
than 50 percent. And from the beginning, when the contractor --
original contractor applied for the permit, the building value was
higher by the assessor, but just recently it was stated that it was
down to $11,000.
CHAIRMAN KAUFMAN: Okay. Do we have any
comments from the board?
(No response.)
CHAIRMAN KAUFMAN: You're going to the bank to ask
the bank what?
MR. MANSOUR: It's a private lender I have to deal with.
CHAIRMAN KAUFMAN: Okay. So you're going to a
private lender to ask what?
MR. MANSOUR: Ask him either for a -- to switch that lien
on that property to another piece of property that would be
acceptable or work out a payment plan with him.
CHAIRMAN KAUFMAN: And if he turns it down, then
what?
MR. MANSOUR: That's why I need some time to make
arrangements. I can't sit here today and say I can do this by
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March 27, 2014
tomorrow. Like I said --
CHAIRMAN KAUFMAN: No, I understand that. And
we're not here to rehear the case. We're only here to determine
whether the fines that are accruing are to be imposed or if there's
some other remedy.
MR. MANSOUR: Okay.
CHAIRMAN KAUFMAN: And right now you're giving
me an open-ended answer, really, to say we have to do something
as far as -- I don't understand -- maybe you can help me with this.
You need somebody to agree to additional dollars to tear down
the structure.
MR. MANSOUR: No. I've got the money to tear down the
structure. My concern is that the lender that gave me the money
was lending on a property that was a duplex, and now if I tear the
building down, he's got a mortgage on a vacant piece of property.
CHAIRMAN KAUFMAN: Okay.
MR. MANSOUR: That's the problem.
CHAIRMAN KAUFMAN: That becomes his problem.
MR. MANSOUR: Yes, his, but mine also. I've got an
obligation to --
MR. LEFEBVRE: Your obligation is in your note.
MR. MANSOUR: Yes.
MR. LEFEBVRE: And the collateral is the house, the
duplex.
MR. MANSOUR: Yeah.
MR. LEFEBVRE: He can go after you personally, but I
don't see how there's a connection there. I'd be inclined to -- six
months, I think, is way too long, and a demo permit would not
take six months.
MR. MANSOUR: Right.
MR. LEFEBVRE: And it's a private lender. It would speed
up the process if you call him and say, you know, I want to --
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March 27, 2014
your -- this collateral is not what it is --
MR. MANSOUR: Right.
MR. LEFEBVRE: -- once it's torn down. Move it over to
another asset of yours. That shouldn't be a hard process. I'm
inclined to give 60 days extension with the operational costs
being paid in the amount of 63.74 within one month.
CHAIRMAN KAUFMAN: Okay. Do we have a second on
that? Is that a motion?
MR. LEFEBVRE: It is.
MR. MIESZCAK: Yeah, I understand. I'll second that
motion.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. A little discussion on that. The lender, the person who is
-- that you're obligated to for the money --
MR. MANSOUR: Yes.
CHAIRMAN KAUFMAN: -- has to see that right now the
fines are accruing, and they're $9,250 worth of fines right now.
MR. MANSOUR: I understand.
CHAIRMAN KAUFMAN: If-- they're kind of painted into
a -- I don't think they have much choice, because you're obligated
to remove the building, one way or the other, whether he agrees
or not.
MR. MANSOUR: I understand. I've never stiffed anybody
in my life, and I --
CHAIRMAN KAUFMAN: I understand that, and I know
you mean well. What Mr. Lefebvre has done is say we'll give
you 60 days. That should give you ample time to talk to your
lender and try to switch it. You're not going through the
bureaucracy of a bank, which certainly helps.
And should you pull a demo permit for the building and it
extends past the 60 days, there's no problem to come back to the
board at that time and say, I have the permit, it's going to be
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March 27, 2014
taken down and all the debris disposed of properly, and it will be
65 days instead of 60 days. There's no problem with that either.
So I'm going to call for a vote on the motion.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
So you have 60 days. You have to pay the $63.74 within 30
days. And if you have a problem getting everything resolved
within 60 days, I suggest that you contact code enforcement and
see what needs to be done as far as either bringing it back or
whatever.
MR. LEFEBVRE: I would recommend that you work -- in
conjunction with trying to negotiate with the lender, you also
work on trying to get that demo permit. So don't wait for one to
pull the other.
MR. MANSOUR: Let me ask you this. When does the 60
days start? Is it starting today?
CHAIRMAN KAUFMAN: Today, today.
MR. LEFEBVRE: Today.
MR. MANSOUR: Today, okay. All right.
CHAIRMAN KAUFMAN: Okay.
MR. MANSOUR: Okay, thank you.
CHAIRMAN KAUFMAN: Okay. Thank you.
Thank you.
MR. CLARK: Thank you.
MS. ADAMS: The first stipulation is No. 3 from hearings,
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March 27, 2014
Case CESD20130008321, Antonio Louissaint.
(Drucilla Francois was duly sworn to translate from English
to Creole and Creole to English to the best of her ability.)
(The speakers were duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Speak up a little louder so we
can hear.
MS. FRANCOIS: Oh, Drucilla Francois.
CHAIRMAN KAUFMAN: Okay. And the gentleman is?
MS. FRANCOIS: Antonio Louissaint.
CHAIRMAN KAUFMAN: Okay. And we have a
stipulation. Would you like to read that into the record.
MS. RODRIGUEZ: Therefore, it is agreed between the
parties that the respondent shall pay operational costs in the
amount of$64.04 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.
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
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March 27, 2014
abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Thank you.
Do you understand the stipulation?
MS. FRANCOIS: Yes. Ms. Maria had been very helpful,
and I had explained to her the procedure that I had to took (sic).
That's why I haven't get the permit.
The architect that did the flooring for me, he charged me,
like 3 -- $2,900, which I did not have. So I told him that I needed
an extension, and I won't have the money til, like, the 19th of
April of this month to give -- the 19th and the 20th to give him
the whole rest of the money that I -- for the drawing.
CHAIRMAN KAUFMAN: Okay. And then after you have
the drawing, then there's a certain amount of time to do the
construction, or is it going to be by affidavit?
MS. RODRIGUEZ: It's permit by affidavit.
CHAIRMAN KAUFMAN: Okay. And you have 120 days
to do that; four months.
MS. FRANCOIS: Yes. And Ms. Maria had asked me to
ask you, is -- I was telling her that 120 days is not going to be
enough for me. I was explaining to her -- I was asking her
permission, can I have, like, extend it like 180 days instead of
120 days? Because I don't think I'll have the -- I don't think I'll
have all the money, because I have to go take it to the county to
get it permitted.
CHAIRMAN KAUFMAN: Okay. Let me give you a
solution to your problem.
MS. FRANCOIS: Yes, sir.
CHAIRMAN KAUFMAN: If you get down to where you
don't think you're going to make it two months down the road,
you can always come back and say, we're making progress, and
we need additional time, and the board can grant additional time.
I have a question about -- the facility is occupied currently?
Page 19
March 27, 2014
MS. RODRIGUEZ: It is.
CHAIRMAN KAUFMAN: Are you going to be able to
remove the occupant right now?
MS. FRANCOIS: We're going to be sharing rooms til
everything is situated, because Ms. Maria told me that we can no
longer have the lights in there and the door have to be locked.
CHAIRMAN KAUFMAN: Yeah. It has to be unoccupied.
MS. FRANCOIS: Locked -- yeah.
CHAIRMAN KAUFMAN: Okay.
MS. FRANCOIS: And nobody could go in there.
CHAIRMAN KAUFMAN: And I don't know if you made
that part of the stipulation that they will inspect that within 24
hours -- after 24 hours to make sure that that's in compliance; is
that correct?
MS. RODRIGUEZ: Yes.
MS. FRANCOIS: Yes, she did told me that on 28th she will
come, I'll come with her, and then to inspect -- so she could
inspect the room.
CHAIRMAN KAUFMAN: Okay. So if you're going to
have the funds that are required to get the architect to draw up
whatever and then that's done by affidavit, is the 120 days
sufficient, you believe, or they may come back to ask for
additional time?
MS. RODRIGUEZ: Well, that's what I explained to her. I
mean, I told her if you want to ask them to see if they'll give you
the extra time, you know, it's up to the board but, if nothing else,
she can come back and ask for an extension of time. I did explain
it to her.
CHAIRMAN KAUFMAN: Okay. Any comments from the
board?
MR. LEFEBVRE: I have a question. You purchased this
property last year; February 5th of last year.
Page 20
March 27, 2014
MS. FRANCOIS: Yes, sir.
MR. LEFEBVRE: Was the property -- did you do this
work, or was this work already done?
MS. FRANCOIS: It was already done in the property, sir,
yeah, but the realtor did told me that she don't think the house
was permitted. And I said, well, I think -- I said, well, it's a nice
room. She said, well, I don't think it's permitted, but you could
always go look in the county. And I did not know that. It was,
like, one of our first homes, so -- and it was good deal, sir, so I
went ahead and purchased it.
MR. LEFEBVRE: Not such a good deal.
I make a motion that as long as they're not living in the
place, that we -- if we can amend -- Jeff, we can amend this,
correct?
MR. WRIGHT: Yeah. I have no problem with that.
MR. LEFEBVRE: All right. Make it six months.
CHAIRMAN KAUFMAN: Okay. That's 180 days.
MS. FRANCOIS: Okay.
CHAIRMAN KAUFMAN: If we do -- we have a motion.
MR. MIESZCAK: I'll second.
CHAIRMAN KAUFMAN: Before you finish the motion,
the -- are there any other additional fees that need to be added to
this?
MR. LEFEBVRE: Operational costs paid within 30 days.
CHAIRMAN KAUFMAN: Okay. I'm looking to see.
That's 64.04, if I'm not --
MS. RODRIGUEZ: Correct.
CHAIRMAN KAUFMAN: Okay. So operational costs to
be paid within 30 days. Does the second concur?
MR. MIESZCAK: Yes.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second.
Page 21
March 27, 2014
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
So now you know -- you have to provide a payment of
$64.04.
MS. FRANCOIS: I brought it with me.
CHAIRMAN KAUFMAN: You did?
MS. FRANCOIS: Uh-huh.
CHAIRMAN KAUFMAN: Okay, great. So you and --
you'll all get together, and everybody will be happy.
MS. FRANCOIS: She told me.
CHAIRMAN KAUFMAN: And hopefully we won't even
see you in six months.
MR. LEFEBVRE: Does she have to just -- can they just
cross out the -- change this to 180 days on the stipulated
agreement?
MS. RODRIGUEZ: Will do, okay. Thank you.
CHAIRMAN KAUFMAN: Thank you very much.
MS. FRANCOIS: Thank you so much.
MS. ADAMS: The next stipulation is No. 10 from hearings,
Case CEPM20130011590, Mark J. and Amy K. Chieffo.
(The speakers were duly sworn and indicated in the
affirmative.)
MR. SCHNITZER: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. SANTAFEMIA: For the record, John Santafemia,
Page 22
March 27, 2014
code enforcement inspector, property maintenance inspector.
I met with the property owner, Mr. Chieffo's attorney, David
Schnitzer, and we came to an agreement. They agree that the
violations -- they stipulate to the existence of the violations.
Therefore, they agree to pay the operational costs in the
amount of$63.44 incurred in the prosecution of this case within
30 days of this hearing and abate all violations by repairing all
windows and making them operable, repair and/or replace all
damaged screens of the accessory structure, the pool enclosure;
install the required smoke detectors in accordance with the
Collier County property maintenance code within 21 days of this
hearing, or a fine of$250 per day will be imposed for each day
the violation continues.
The respondent must notify code enforcement within 24
hours of abatement; request a final inspection be performed. If
the respondent fails to abate the violations, the county may abate
the violations using any method to bring the violations into
compliance and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions of this agreement, and
all costs and abatements shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. You understand the
stipulation as you agreed to?
MR. SCHNITZER: Yes, sir.
CHAIRMAN KAUFMAN: Any problems with that?
We have somebody else who would like to speak.
MS. McDOUGALL: I happen to be the tenant.
CHAIRMAN KAUFMAN: Before you -- why don't you
get up and go over to the microphone; identify yourself.
(The speaker was duly sworn and indicated in the
affirmative.)
MS. McDOUGALL: Thank you. My name is Marie Simm
McDougall (phonetic). I'm the tenant in the property, and I've
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March 27, 2014
had an ongoing issue with Mr. Chieffo. This is Mr. Chieffo's
dad.
Mark Chieffo and his wife, Amy Chieffo, are on title to the
property. These people have done nothing but harass me from
the time I've moved into that property.
The first check bounced because I was in the hospital with a
pulmonary embolism. So we've had nothing but total disrespect
towards me living in that property.
I'm a 56-year-old professional woman in this town. I own a
business, and I am being sued by his son right now because
they're playing games with -- they shut out the bank account
where I'm depositing rent. It's a whole 'nother matter, but I'm
being sued in the county.
His father, which is here right now, is the person that has
been coming to his son's aid constantly. His son's a grown man,
owns this property. The son will not accept phone calls from me,
will not accept registered mail from me. I've had to have him
served by the Sheriffs Department.
The dad came out to the property. I thought, let me do this
nicely, after I contacted code enforcement. I put a pot of coffee
on. I took a whole different approach, all right. Let's try to make
this work.
I live in your pro -- I'm clean. I'm not a pig. And I treat this
like it's my own home. These people have given me nothing but a
nightmare on my hands. And I want to move out as quick as I
can get out of there, but I'll be darned if this guy's going to come
into my house and threaten me.
I'm there by myself. He came in with dirty shoes. He's
stomping all over the place. He's making a mess. He's not
licensed to do anything he's doing. He told me he was a licensed
electrician; he's not. I had a licensed electrician come out to the
property. There are wires that are dangerous. It was -- there's all
Page 24
March 27, 2014
kinds of things that are wrong with this property.
They won't fix the washing machine, the dryer. That's not a
code enforcement issue. I pay $2,000 a month to live there.
That's a lot of money. I don't care if this is Naples, Florida, or
not.
I've raised three children in the mortgage business. Two
thousand dollars is a lot of money to pay someone, and I would
expect that if I have an issue I can call the owner of the property.
All I'm asking from the board is, I do not want this person to
come and threaten me because he's going to be the repair person.
They are intimidating me. I'm afraid of him. There's something
wrong, emotionally, with these people.
And I just ask the board to please have a licensed contractor
come out and fix the windows, because the dad's not capable of
doing it.
CHAIRMAN KAUFMAN: Well, this is not the place to
make that decision. I can point you in the right direction.
MS. McDOUGALL: I would appreciate that.
CHAIRMAN KAUFMAN: I would contact contractors'
licensing if you're concerned that somebody that would be doing
electrical work or plumbing work -- work of that nature is
working on the unit.
MS. McDOUGALL: But in this particular case, sir -- I'm
sorry to interrupt -- I know that the father is -- because John and I
have spoken. The father's going to be the one to come out and
run to his son's aid and fix this. They don't care about this
property, and it's very clear to me.
The son has lost one property. The dad set up an LLC,
came in and saved this one. I mean, I can go into public records
and see what they're doing. They don't care about this property.
I'm paying his mortgage payment. That's fine. I agreed to that.
That's not the issue.
Page 25
March 27, 2014
The issue is I pay $2,000 a month. There are things there
that are not right with the property. I respect the property, and I
would think the homeowner wants to, but he lives in Ohio, so he
doesn't care. His father doesn't care, as long as their mortgage
payments paid.
And I'm just asking that you have somebody else come
there, because I'm afraid of the dad, okay. And that's why I came
here today. These people are threatening me, and they're making
me look like I'm crazy, and I'm just trying to take care of the
house I live in, and I think they should want the same thing. It's
their home.
CHAIRMAN KAUFMAN: Well, the two places that I
would heartily recommend -- the board has no say-so over that --
would be the Sheriffs Department and contractors' licensing.
Jeff, do you have any comments on that?
MR. WRIGHT: No. I mean, ultimately, it sounds to me
like a landlord/tenant dispute. The access issues might be
covered in the lease. We don't normally dictate who is going to
be doing the repairs. So I think that's all just a little bit off your
path.
MS. McDOUGALL: I understand.
MR. WRIGHT: I can hear what she's saying. I realize it's
probably a tough road that she's traveling but, ultimately, he's
admitted the violation. I'm not sure that this is testimonial
evidence or anything or just -- if it's just intended to color your
decision here today.
MS. McDOUGALL: I just wanted to make it part of the
record because it's really very stressful. I don't have the financial
resources to keep fighting this; neither does his son. But daddy
comes into the picture, you know, and he's got the financial
resources to help his kid. I have adult children that I help, you
know.
Page 26
March 27, 2014
I'm running a business. I don't have time for this. I run
back and forth -- four hours this guy was at my house. If you
send somebody in licensed that knows what they're doing, they're
going to come in, boom, boom, boom, they're going to fix it and
that's it.
I can't keep running home because the house is infested with
bugs, the dishwasher's broken. It's one thing after the other. It's
just real stressful.
CHAIRMAN KAUFMAN: Okay. I understand. I --
MS. McDOUGALL: I know. I wanted it on the record.
CHAIRMAN KAUFMAN: And it's on the record now. It's
in the minutes.
MS. McDOUGALL: Thank you.
CHAIRMAN KAUFMAN: We -- it's unfortunate. The
stipulation that was here that was agreed to by the respondents,
we voted on that. We -- I don't think we voted on that yet.
MR. LAVINSKI: No.
CHAIRMAN KAUFMAN: But let me get a motion from
the board to accept a stipulation as written or not.
Well, I'll make a motion that we accept the stipulation as
written. Can I get a second?
MR. MIESZCAK: I'll second the motion.
CHAIRMAN KAUFMAN: We have a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Page 27
March 27, 2014
So they have to adhere to that stipulation, which is also in
the record.
As far as your recourse after, you know the directions that
you can go in now.
MS. McDOUGALL: I do.
CHAIRMAN KAUFMAN: And everything now is on the
record.
MS. McDOUGALL: Thank you.
CHAIRMAN KAUFMAN: Thank you.
MR. SCHNITZER: May I make a very, very brief
statement --
CHAIRMAN KAUFMAN: Sure.
MR. SCHNITZER: --just in response to that, since we
have a record here.
I think Mr. Wright is correct that we're dealing with a
landlord/tenant issue largely on some of these matters.
And I will just state I'm going to take the tenant at her word
that she feels threatened by this owner's father coming in to do
this work. The reason he's coming in to do the work is because
the owner lives in Ohio, and he's down here. And so these are
relatively minor repairs. There's some screen that needs
repairing. There's some smoke detectors that need to be put in.
A few of the mechanisms for the windows need to be fixed.
These are minor repairs.
And I'll just state for the record that Florida Statutes are very
clear on what a landlord is required to do in terms of giving
notice to a tenant prior to accessing the unit. And I would simply
suggest that in light of the clear personality conflicts that have
developed here, unfortunately, in this -- with this landlord/tenant
relationship, that the tenant simply, when the notice is given --
these are not going to be four-hour repairs; there's minor things
that are left -- that she simply not be present during that time
Page 28
March 27, 2014
frame that these repairs are going to be done.
And notice will certainly be given pursuant to Florida
Statutes, and the repairs will be done. There will be 24 hours
notice and the repair -- actually, it's 12 hours notice under the
statutes, and the repairs will be done within the time parameters
set forth in the Florida Statutes.
And I don't believe that these respondents should be
required to go further out of pocket. They've already come out of
pocket to pay me, and I don't think that the tenant should be
allowed to dictate who does the repairs.
And, again, I know this is not anything that the board's
going to comment on, but I simply wanted that in the record.
CHAIRMAN KAUFMAN: Okay, thank you.
MR. SCHNITZER: Thank you.
MR. MIESZCAK: Thank you.
CHAIRMAN KAUFMAN: Thank you, okay.
MS. McDOUGALL: Sir, since we're making it a matter of
record, okay, I don't feel that these people are trustworthy enough
to come into the home with my personal belongings. He needs to
access the home to fix the bathroom window. There are other
things that need to be done. But based on what they've done in
the past --
CHAIRMAN KAUFMAN: I think you're going -- I think
you're going to have to take that offline, okay?
MS. McDOUGALL: Thank you.
CHAIRMAN KAUFMAN: Okay.
MS. ADAMS: The next case is from Letter C, hearings,
No. 1, Case CESD20130015849, Cletus W. Tigner and Virginia
D. Tigner, and Nancy Williams.
(The speaker was duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Hi, Eric.
Page 29
March 27, 2014
We have a case here. Why don't you give us a lowdown.
The respondent is not present.
MR. SHORT: All right. For the record, Investigator Eric
Short, Collier County Code Enforcement.
This is in reference to Case No. CESD20135849 (sic) -- I'm
sorry, correction. It's Case No. CESD20130015849 dealing with
violations of the Collier County Land Development Code 04-41,
as amended, Section 10.02.06(B)(1)(a), windows replaced on a
mobile home addition without valid Collier County permits.
Located at 59 Moorhead Manor, Naples, Florida, 34112;
Folio No. 60583400002.
Service was given on November 6, 2013.
I'd like to present case evidence in the following exhibits:
One photograph scanned into the database by contractors'
licensing; one citation issued to an unlicensed glass glazing
contractor by Collier County Contractor Licensing; and one
email from Jonathan Walsh, a building review and permitting
engineer, to contractor licensing, stating that the permit is
required for this type of work.
CHAIRMAN KAUFMAN: Okay. Can I get a motion to
accept --
MR. LAVINSKI: Motion to accept.
CHAIRMAN KAUFMAN: We have a motion.
MR. MIESZCAK: I'll second.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
Page 30
March 27, 2014
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
MR. SHORT: This case originated on October 30, 2013, as
a complaint from the contractor licensing department. I received
the previously mentioned evidence from Contractor Licensing
Supervisor Mike Ossorio.
On November 26, 2013, Permit No. PRBD2013112937 was
applied for. The permit was rejected with noted corrections: On
January 8, 2014, the unlicensed contractor stated that he was in
the process of correcting this issue for the respondents and
needed more time so that a licensed contractor could lawfully
complete the job.
The violation remains.
CHAIRMAN KAUFMAN: Are my eyes going, or is that
out of focus, or both? Here we are. I'm not 25 years old
anymore.
MR. LAVINSKI: Well, he's not.
CHAIRMAN KAUFMAN: I'm 38. Okay.
(The speaker was duly sworn and indicated in the
affirmative.)
MR. LETOURNEAU: For the record, Jeff Letourneau,
Collier County Code Enforcement.
A gentleman came in yesterday, Scott Wilson. I believe he
was the original unlicensed contractor that put the window in.
He's representing the homeowners at this point. And he stated
that they're elderly, and they're kind of confused of what's going
on, so he's trying to help them get through the situation.
And the original window they put in was glass, and that's
what stuck -- kind of held up the original permit, because they
had to jump through a lot of hoops just to try to get that window
approved.
So they're going -- they've ordered acrylic windows at this
Page 31
March 27, 2014
time to put in, and he's got -- he claims that there's a contractor
hired to facilitate the permit process and everything else. And he
asked for 60 days to get this thing done because he feels that it
might take a while for the windows to get in there and the permit
to be applied for, issued, and CO'ed. So I just wanted to relay
that to you.
CHAIRMAN KAUFMAN: Okay. Well, let's find out if a
violation exists to begin with, and then we can go to the remedy.
Would anybody like to make a motion?
(No response.)
CHAIRMAN KAUFMAN: I'll make a motion that a
violation exists.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: We have a motion and a
second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
So a violation exists. And would somebody like to take a
shot at a remedy? Sixty days probably will afford the respondent
time to get everything done. So if we take that into
consideration, somebody like to take a shot at the motion?
MR. LAVINSKI: Do we have a recommendation from the
county?
CHAIRMAN KAUFMAN: Do we have a
recommendation?
Page 32
March 27, 2014
MR. SHORT: Absolutely.
CHAIRMAN KAUFMAN: Okay.
MR. SHORT: The county recommends that the code
enforcement board orders the respondent to pay all operational
costs in the amount of$64.04 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 or occupancy within
blank days of this hearing or a fine of blank dollars 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.
CHAIRMAN KAUFMAN: Thanks, Eric. Okay.
MR. LAVINSKI: Yeah, I'll take it.
CHAIRMAN KAUFMAN: Okay.
MR. LAVINSKI: I make a motion that the operational costs
of$64.04 be paid within 30 days, that the violation be corrected
within the 60 days and, if not, a fine of$150 per day be imposed.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
we have a second?
MR. MIESZCAK: I'll second the motion.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
Page 33
March 27, 2014
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
MR. SHORT: Thank you.
MS. ADAMS: The next case is No. 4, Case
CEPM20140000021, Teresita Pino.
MR. SANTAFEMIA: Good morning again.
(The speaker was duly sworn and indicated in the
affirmative.)
MR. SANTAFEMIA: Good morning again.
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.
CEPM20140000021 relative to the violation of Collier County
Code of Law and Ordinances, Chapter 22, Article VI, Section
22-242.
Description of violation is unsecure vacant structure
creating a public nuisance.
Violation location is 4621 1st Avenue Southwest, Naples,
Florida, 34119.
Service was given on January 8, 2014, by posting at the
location a violation and the Collier County courthouse in addition
to certified and first-class mailing.
At this time I would like to present evidence in the form of a
photograph.
MR. MIESZCAK: Motion to accept the photo.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: We have a motion and a second
Page 34
March 27, 2014
to accept the photograph.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
MR. SANTAFEMIA: This property was brought to our
attention by the Sheriffs Office who had responded to a
complaint of squatters in an abandoned property.
On January 7, 2014, I completed an initial inspection and
found the main house was secure; however, the walk-through
door of the detached garage was missing. I completed a violation
notice, which was mailed certified to the owner, in addition to the
property and courthouse being posted.
On January 28, the certified mailing was returned
unclaimed, and subsequent site visits revealed the violation
remained.
On February 19, 2014, the case was prepared for the code
board hearing process.
A reinspection was completed yesterday, March 26, 2014,
and the violation remains.
CHAIRMAN KAUFMAN: Is this in foreclosure; do you
know?
MR. SANTAFEMIA: There was a foreclosure that was
filed or recorded on this property, but shortly after that there was
another order from the Court vacating the foreclosure. So it's
currently not in foreclosure.
CHAIRMAN KAUFMAN: Okay.
Page 35
March 27, 2014
MR. SANTAFEMIA: I'm not sure the previous owners
know that, but I can't find them.
CHAIRMAN KAUFMAN: Okay. We have a motion from
the board to --
MR. MIESZCAK: Motion that a violation exists.
CHAIRMAN KAUFMAN: Violation exists.
We have a motion. Do we have a second?
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Do you have a recommendation for us?
MR. SANTAFEMIA: Yes, sir.
The county recommendations are that the Code
Enforcement Board orders the respondent to pay all operational
costs in the amount of$63.74 incurred in the prosecution of this
case within 30 days and abate all violations by, one, obtaining all
and any required Collier County permits, inspections, and
certificate of completion and make necessary repairs to the
structure within blank days of this hearing, or a fine of blank per
day will be imposed for each day the violation continues.
Number two is, alternatively, the respondent may apply for
and obtain a valid Collier County boarding certificate and secure
the structure by boarding within the allotted time in Section 1
above; all conditions and requirements for proper boarding as
Page 36
March 27, 2014
detailed in Code Sections 22-240, Subsection 2(K), and 22-241,
must be met to achieve full compliance.
The respondent must notify the code enforcement
investigator when the violations have been abated in order to
conduct a final inspection to confirm abatement. If the
respondent fails to abate the violations, 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. Have you noticed any
activity in that structure at all?
MR. SANTAFEMIA: No, sir. The Sheriffs Office
originally responded from a neighbor's complaint about squatters.
They chased them off. And the neighbor has been watching the
property pretty diligently. And I actually met with him yesterday
while I was doing the reinspection, and he said he hasn't seen
anybody there recently, so --
CHAIRMAN KAUFMAN: In all likelihood, if you haven't
gotten any response from the respondent as yet, this is probably
going to be a case where the county is going to secure the
building.
MR. SANTAFEMIA: Yeah.
CHAIRMAN KAUFMAN: Okay. Anybody like to try a
motion on this?
MR. LAVINSKI: Don't we have two separate issues here,
the boarding and the --
MR. MIESZCAK: Yes, yes.
CHAIRMAN KAUFMAN: Yes.
MR. LAVINSKI: So if we give a boarding --
CHAIRMAN KAUFMAN: It's all in the same
recommendation.
Page 37
March 27, 2014
MR. MIESZCAK: I'll make the motion. All operating
costs, $63.74 be paid --
CHAIRMAN KAUFMAN: Okay.
MR. MIESZCAK: -- and 30 days, and board up 30 days,
200 fine for each one.
That's my motion.
CHAIRMAN KAUFMAN: Okay.
MR. SANTAFEMIA: If I could just interject.
CHAIRMAN KAUFMAN: Sure.
MR. SANTAFEMIA: The boarding part of it is not a
violation. That's just an alternative to abatement. If they don't
want to replace the door, they can board it. It would become a
violation if they boarded it without obtaining a certificate which
would be a new case.
MR. MIESZCAK: Oh.
CHAIRMAN KAUFMAN: I think if you just make it
$63.74 paid within 30 days and the abatement take place within
30 days or the $200 fine after that would probably be sufficient.
MR. MIESZCAK: I'll second the motion.
MR. LEFEBVRE: I think 30 days is a little bit long just to
either board or put a door on. Is it just one opening?
MR. SANTAFEMIA: Correct.
MR. LEFEBVRE: To put a door on, it would be much
sooner than 30 days, and I think the $200 -- considering it is open
and accessible to people, I think $200 is too low.
CHAIRMAN KAUFMAN: Okay. Does the motion maker
MR. MIESZCAK: I'll withdraw my motion.
CHAIRMAN KAUFMAN: Okay.
MR. MIESZCAK: Start over.
CHAIRMAN KAUFMAN: The motion is withdrawn. Mr.
Lefebvre, would you like to make a motion?
Page 38
March 27, 2014
MR. LEFEBVRE: Go.
MR. MIESZCAK: No, no. I just --
CHAIRMAN KAUFMAN: Do you want to argue about
who makes the motion?
MR. MIESZCAK: I just had a question on the board-up.
It's not a violation --
CHAIRMAN KAUFMAN: No.
MR. MIESZCAK: -- for having an open door on a vacant
property?
MR. SANTAFEMIA: That's the violation, yes.
MR. MIESZCAK: Right. That is a violation.
MR. SANTAFEMIA: Yeah. The boarding -- it's not
boarded. I'm giving that as an alternative to replacing the door
for a short-term fix, but they have to get a boarding certificate to
do that.
CHAIRMAN KAUFMAN: It's like asking for the sheriff to
accompany if you can't get cooperation. It's a part of the remedy.
MR. LEFEBVRE: I make a motion that the operational
costs in the amount of$63.74 be paid within 30 days; that the
respondent has 15 days to either board it up or replace the door,
or a fine of$500 a day.
CHAIRMAN KAUFMAN: Okay. Do we have a second?
MS. BUSHNELL: I'll second.
CHAIRMAN KAUFMAN: And we have a second from
Lisa.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
Page 39
March 27, 2014
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thank you.
MR. SANTAFEMIA: Thank you.
MS. ADAMS: The next case is No. 6, Case
CEPM20130019061, Sidney John Hubschman.
(The speaker was duly sworn and indicated in the
affirmative.)
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.
CEPM20130019061 relative to the violation of Collier County
Code of Law and Ordinances, Chapter 22, Article VI, Section
22-231, Subsection 15.
Description of violation is property -- private swimming
pool not being maintained creating an unhealthy condition.
Violation location is 2600 Coach House Lane, Naples,
Florida, 34103.
Service was given on December 19, 2013, by posting at
location of violation and the Collier County Courthouse in
addition to certified and first-class mailing.
At this time I would like to present case evidence in the
following exhibits. One photograph.
MR. MIESZCAK: Motion to accept the photograph.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: We have a motion and a second
to accept.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
Page 40
March 27, 2014
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. SANTAFEMIA: The details of this case are as
follows: The property was brought to our attention by the
complaint received from a concerned neighbor.
On December 19, 2013, I completed an initial inspection
and found the dwelling appeared vacant and abandoned. I further
noticed the in-ground pool in the yard was not being maintained
and the water was stagnating, creating an unhealthy condition.
I completed a violation notice, which was mailed certified to
the owners in addition to the property and courthouse being
posted.
On January 13th, the certified mailing was returned
unclaimed, and subsequent site visits revealed the violation
remained.
On February 13, 2014, the case was prepared for the code
board hearing process. A reinspection was completed yesterday,
March 26, 2014, and the violation remains.
CHAIRMAN KAUFMAN: Is this in foreclosure; do you
know?
MR. SANTAFEMIA: Foreclosure status is "none." It's not
in foreclosure.
CHAIRMAN KAUFMAN: Okay. Well, do we have a
violation from the board?
MR. LAVINSKI: Motion a violation exists.
MR. MIESZCAK: Motion a violation exists.
CHAIRMAN KAUFMAN: We have a motion from Mr.
Lavinski. A second?
MR. MIESZCAK: Second.
Page 41
March 27, 2014
CHAIRMAN KAUFMAN: All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Do you have a recommendation for us, John?
MR. SANTAFEMIA: Yes, sir.
The county recommendation is that the code board orders
the respondent to pay all operational costs in the amount of
$63.64 incurred in the prosecution of this case within 30 days and
abate all violations by, one, chemically treat pool water killing
the algae infestation and maintain water condition by means of a
filtration system within blank days of this hearing, or a fine of
blank will be imposed for each day the violation remains.
Alternatively, respondent may chemically treat the pool
water killing the algae infestation that -- installing a cover, which
would prevent water intrusion within the allotted time in Section
1 above for full compliance to be achieved.
Respondent must notify code enforcement investigator
when the violation has been abated in order to conduct a final
inspection. 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. Can I assume that there
is no electricity at this house?
Page 42
March 27, 2014
MR. SANTAFEMIA: I've never been -- I don't believe so,
but I've never been close enough to check.
CHAIRMAN KAUFMAN: Okay.
MR. SANTAFEMIA: It's fenced off and gated. The
neighbor gave me access to see the pool.
CHAIRMAN KAUFMAN: Okay. The reason I ask is it
can't be filtered.
MR. SANTAFEMIA: Can't run a pool --
CHAIRMAN KAUFMAN: Yeah, can't -- okay.
Anybody like to take a shot at this motion?
MR. LAVINSKI: Yeah, I'll take a shot.
Make a motion that the operational costs of$63.64 be paid
within 30 days, that the violation be abated in seven days, or a
fine of$250 per day be imposed.
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 second.
MR. MIESZCAK: I have one question.
CHAIRMAN KAUFMAN: Sure.
MR. MIESZCAK: On that number you wrote, 62 -- what'd
you say?
CHAIRMAN KAUFMAN: 62.64.
MR. LAVINSKI: 63.64.
MR. MIESZCAK: Am I reading this wrong?
MS. ADAMS: 63.74?
MR. MIESZCAK: It looks like 74 to me.
CHAIRMAN KAUFMAN: It was changed, it looks like.
MR. MIESZCAK: So I want to make sure the number's
correct.
MR. LAVINSKI: What is that number?
MS. ADAMS: 63.74.
Page 43
March 27, 2014
MR. LAVINSKI: 63.74.
MR. MIESZCAK: Okay. 74, not 64.
MR. LAVINSKI: Amend the motion.
CHAIRMAN KAUFMAN: And the second, do you amend
the second?
MR. MIESZCAK: Yes, amend the second.
CHAIRMAN KAUFMAN: All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thanks, John.
MR. SANTAFEMIA: Thank you.
MS. ADAMS: The next case is No. 8, Case
CEPM20130018872, Brent R. Parker.
(The speaker was duly sworn and indicated in the
affirmative.)
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.
CEPM20130018872 relative to the violation of Collier County
Code of Law and Ordinances, Chapter 22, Article VI, Section
22-231, Subsection 1 and Subsection 11.
Description of violations are no water and electric being
provided to an occupied rental dwelling.
Violation location is 85 7th Street, Bonita Springs, Florida,
34134, which is actually Bonita Shores.
Page 44
March 27, 2014
Service was given on February 4, 2014, by posting at the
location a violation and the Collier County Courthouse in
addition to certified and first-class mailing.
At this time I would like to present case evidence in the
following exhibit: It is one photograph.
MR. MIESZCAK: Motion to accept the photograph.
CHAIRMAN KAUFMAN: We have a motion.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
MR. SANTAFEMIA: The reason for the photograph is just
to show that there is a dog tied up in front. So that was our first
indication that it was occupied.
The property was brought to our attention by a complaint
received from a concerned neighbor on December 14, 2013. A
site visit was completed by Investigator McGonagle, who
reported speaking with the tenant in the west unit, which is
pictured, who did state her water was turned off. The tenant was
advised she could not live at the property unless the water was
restored.
On January 8th I completed a reinspection and noted the
water remained off with the meter being removed.
Nobody responded at the door at that time. Numerous
attempts to contact the owner had failed.
Page 45
March 27, 2014
I completed a violation notice, which was mailed certified to
the owner, in addition to the property and courthouse being
posted, along with -- I actually did try to locate him in Bonita
Springs at his home address, and he was not there.
On February 7th, the certified mailing was returned
unclaimed, and the subsequent site visits revealed the violation
remained.
On February 19, 2014, the case was prepared for the code
board hearing process.
A reinspection was completed yesterday, March 26, 2014,
and I met with the tenant. She advised that the water was still
off; however, the electric was restored.
She also stated that the owner was in prison, which explains
why he didn't return my calls.
CHAIRMAN KAUFMAN: They have phones there.
MR. SANTAFEMIA: You can have call forwarding;
however, she was saving to pay the water bill. Apparently, when
she moved in, the water bill was going to -- as she explained it,
the water bill was being sent to the owner's address. He was in
prison, so he did not see them, obviously. And it was in excess
of$800.
So she's a single mom, and she was struggling to put $800
together to pay the utilities to have the water restored; however, I
advised her again that she could not live in the dwelling without
water and electricity.
MR. MIESZCAK: Did she happen to say she was paying
rent?
MR. SANTAFEMIA: Yes. She was paying rent to the
owner's son, who I attempted to contact, and the phone number I
was given for him was disconnected, and she had no address for
him.
I asked her if she had advised him -- because he came there
Page 46
March 27, 2014
to pick up the rent, I asked if she ever advised him that the water
was turned off, and she said she did, and he responded that --
well, you know, you're not supposed to be living here anyway
without water. So he obviously knows it's a violation but
continued collecting rent from the woman.
MR. LEFEBVRE: Has this property ever had a violation
before regarding water?
MR. SANTAFEMIA: Yes.
MR. LEFEBVRE: Yes, okay. I do remember. So this is a
repeat violation then?
MR. SANTAFEMIA: I don't think the previous violation
was adjudicated, I don't believe.
MR. LEFEBVRE: I remember Bonita Shores. There was a
case up there.
MR. SANTAFEMIA: We've got several up there, yeah.
MR. LEFEBVRE: Okay.
CHAIRMAN KAUFMAN: Well, does a violation exist?
MR. MIESZCAK: Motion that a violation exists.
CHAIRMAN KAUFMAN: We have a motion. And do we
have a second?
MS. BUSHNELL: Second.
CHAIRMAN KAUFMAN: And a second; Lisa.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously. A
violation exists.
Page 47
March 27, 2014
I want to mention to the board, on these types of violations,
in the past, where there's either no water or no electric, they're
generally brought before us on an emergency basis, and we give
them almost no time to have this thing resolved.
Okay. And your recommendation, John?
MR. SANTAFEMIA: County recommendations are that the
Code Enforcement Board orders the respondent to pay all
operational costs in the amount of$64.64 incurred in the
prosecution of this case within 30 days, and abate all violations
by restoring water and electric service to the occupied rental
dwelling 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 violations, the county
may abate the violations 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: Do you want to add something
about if there's no water and there's no electric, that the tenant
needs to vacate the property immediately?
MR. LEFEBVRE: How are we going to enforce that?
MR. SANTAFEMIA: We may end up -- you may end up
having to do an eviction to get that done.
CHAIRMAN KAUFMAN: I don't think that we've had to
have an eviction when there's no water or electric. We've heard
many emergency cases like that where they've been given a very
short leash to get it done. You can't live in a house without water
or electric, but especially water. I mean, what do you for a
toilet?
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March 27, 2014
MR. SANTAFEMIA: I'm just saying that if she doesn't
want to leave, then we would have to physically remove her.
CHAIRMAN KAUFMAN: That's the part that you have in
there about the sheriff. Okay.
Would anybody like to take a shot at this?
MR. LEFEBVRE: I just want the board to be aware that
this case was opened up in December, so I'm surprised it went
this long. I feel that it should have been brought in front of us --
MR. SANTAFEMIA: A lot of the problems with this were
that after the initial visit by Investigator McGonagle, it appeared
vacant.
All my visits there, there was nobody. I could not contact
anybody there. Nobody was answering the door or anything. I
never saw the dog again. My first contact with the tenant was
yesterday.
MR. LEFEBVRE: Oh.
MR. SANTAFEMIA: So for a while, I thought it was
vacated, and I was just kind of keeping an eye on it to make sure,
and it turns out that I think she was avoiding us, believe it or not.
CHAIRMAN KAUFMAN: Okay. Anybody like to take a
shot at the motion?
(No response.)
CHAIRMAN KAUFMAN: If none, I will.
MR. LEFEBVRE: I'll do it.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Operational costs in the amount of 64.64
be paid within 30 days, seven days to -- you said the power is on,
but let's just -- seven days to have water and electricity back on,
or a $500-a-day fine.
CHAIRMAN KAUFMAN: Okay. John, you have a
comment?
MR. SANTAFEMIA: Okay. Did you want me to add --
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March 27, 2014
CHAIRMAN KAUFMAN: Yes, I do.
MR. SANTAFEMIA: -- the vacating part to the
recommendation?
CHAIRMAN KAUFMAN: Yes, I do.
MR. SANTAFEMIA: Okay. So --
MR. LEFEBVRE: I agree.
CHAIRMAN KAUFMAN: In other words, in seven days,
if there's no water there, the tenant needs to vacate the property.
Jeff, you have a problem with that or not?
MR. WRIGHT: No, we've done that before, and the logic is
that it's not habitable when it's not up to the code as far as
sanitary facilities.
CHAIRMAN KAUFMAN: Okay. And that's been added to
the motion by Mr. Lefebvre?
MR. LEFEBVRE: Yes.
CHAIRMAN KAUFMAN: Do we have second on that
motion?
MR. MIESZCAK: I'll second the motion.
CHAIRMAN KAUFMAN: We have a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thanks, John.
MR. SANTAFEMIA: Thank you.
MS. ADAMS: The next case is No. 9, Case
CESD20130006171, Iris Labrie.
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March 27, 2014
(The speaker was duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MS. McGONAGLE: Good morning.
CHAIRMAN KAUFMAN: I see the respondent is not here.
MS. McGONAGLE: No, sir.
CHAIRMAN KAUFMAN: Okay.
MS. McGONAGLE: For the record, Michele McGonagle,
Collier County Code Enforcement.
This is in reference to Case No. CESD20130006171 dealing
with the violation of Collier County Land Development Code
04-41, as amended, Section 10.02.06(B)(1)(a); Permit
PRBD20120101674, expired without obtaining certificate of
completion.
Violation location: 266 6th Street West, Bonita Springs,
34134; Folio 55901120005.
Service was given on May 17, 2013, by certified returned
receipt.
I would now like to present case evidence in the following
exhibits: One picture taken by me on January 8, 2014.
MR. MIESZCAK: Motion to accept the photo.
CHAIRMAN KAUFMAN: We have a motion.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
Page 51
March 27, 2014
CHAIRMAN KAUFMAN: Carries unanimously.
MS. McGONAGLE: The violation was first observed on
April 30, 2013, by Investigator Pulse, Permit
PRBD20120101674, for a concrete boat enclosure, expired April
21, 2013, without obtaining a certificate of completion.
Notice of violation was issued on May 9, 2013, with
compliance due on May 30, 2013.
There have been a number of reapplications and extensions
that were granted for this permit. The last extension was granted
on May 30, 2013.
The last passing inspection was completed on July 30, 2013.
The permit has expired on January 26, 2014.
My last communication with the property owner was a
voice mail I received from her on January 30, 2014, stating that
she had made electrical -- electric corrections but had not had any
inspections completed.
The case was prepared for hearing on February 28, 2014.
The permit remains in expired status as of today, March 27,
2014.
CHAIRMAN KAUFMAN: Okay. I'm a little cur -- where
is the concrete structure that --
MS. McGONAGLE: It's beside her house. Her house is to
the left of it. You can kind of see the roof of the house to the left
of it. The concrete boat enclosure is the two-story building.
CHAIRMAN KAUFMAN: Oh. You mean the one that's
covered with all the trees there?
MS. McGONAGLE: That's her house.
CHAIRMAN KAUFMAN: Okay. And the other building?
MS. McGONAGLE: The two-story is a concrete boat
enclosure and workshop.
CHAIRMAN KAUFMAN: Okay. The other -- as far as the
permits to build that whole thing, is there plumbing in there and
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March 27, 2014
that kind of stuff?
MS. McGONAGLE: Yes. And there have been a number
of passing inspections. There are only a couple of inspections
that remain to be completed. She had a partial passing electric
inspection. There's not been a final electric inspection. The
underground, the TV (sic), and that's it.
There's been final plumbing, and everything has already
been completed. So she's right there at the end, but --
CHAIRMAN KAUFMAN: She needs a little push.
MS. McGONAGLE: Yes.
CHAIRMAN KAUFMAN: Okay. So let's see if a violation
exists.
MR. LAVINSKI: Motion that a violation exists.
CHAIRMAN KAUFMAN: We have a motion.
MR. MIESZCAK: I'll second.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Okay. Do you have a suggestion for us, Michele?
MS. McGONAGLE: Yes, sir.
That the Code Enforcement Board orders the respondent to
pay all operational costs in the amount of$63.74 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
Page 53
March 27, 2014
within blank days of this hearing or a fine of blank dollars 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. Anybody like to take a
shot at this motion?
MR. LAVINSKI: Yeah, I'll give it a shot.
Make a motion that the operational costs of 63.74 be paid
within the 30 days, that the violation be taken care of within 60
days or a fine of$150 a day.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do
we have a second?
MR. MIESZCAK: Second the motion.
CHAIRMAN KAUFMAN: And a second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thank you, Michele.
MS. McGONAGLE: Thank you.
MS. ADAMS: Number six, old business, A, motion for
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March 27, 2014
imposition of fines.
Number 3, Case CESD20120003854, Wilkert and Fidelene
Eugene.
(The speakers were duly sworn and indicated in the
affirmative.)
CHAIRMAN KAUFMAN: Could you move the
microphone down a little bit and give us your name, so --
MS. EUGENE: My name is Fidelene Eugene.
CHAIRMAN KAUFMAN: Okay. All righty. Why don't
you tell us what you're asking.
MS. EUGENE: Actually, I'm not requesting anything. I
received this notice of hearing for today, so I show up for it.
CHAIRMAN KAUFMAN: Okay.
MS. EUGENE: In all due respect, so --
CHAIRMAN KAUFMAN: Okay. So it looks like,
according to this, that the fines have been paid, and it is now in
compliance.
Do you have a recommendation, Joe?
MR. MUCHA: For the record, Joe Mucha, Collier County
Code Enforcement.
The county's recommending that the fines be waived, as the
property is in compliance and all operational costs have been
paid.
MR. MIESZCAK: Motion to abate.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: I have a motion and a second to
abate.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
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March 27, 2014
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Okay. You understand what we did?
MS. EUGENE: That means everything is over with?
CHAIRMAN KAUFMAN: Everything's over, and it
doesn't cost you anything.
MS. EUGENE: Thank you so much.
CHAIRMAN KAUFMAN: We waived the fine of$4,500,
so --
MS. EUGENE: Thank you, thank you.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Have a great day.
MS. ADAMS: Number 5, Case CESD20120015510, John
F. Taub.
(The speaker was duly sworn and indicated in the
affirmative.)
MR. MUCHA: For the record, Joe Mucha, Collier County
Code Enforcement.
This is in regards to Case No. CESD20120015510.
Violations of Collier County Land Development Code
04-41, as amended, Section 10.02.06(B)(1)(a) and Section
10.02.06(B)(1)(e).
Violation location was 5150 Hickory Wood Drive, Naples.
Zip Code 34119. Folio number is 41826960008.
Description of the violation is a pool screen enclosure and
addition to single-family home added without obtaining permits.
Past orders: On May 23, 2013, the Code Enforcement
Board granted an extension of time to comply. See the attached
order of the board, OR4931, Page 1700, for more information.
On July 25, 2013, the Code Enforcement Board issued
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March 27, 2014
findings of fact, conclusion of law and order. The respondent
was found in violation of the referenced ordinances and was
ordered to correct the violation. See the attached order of the
board, OR4953, Page 2501, for more information.
The property is in compliance with the Code Enforcement
Board orders as of March 24, 2014.
The fines and costs to date are described as the following:
Order Items 1 and 2, fines at a rate of$250 per day for the period
between January 22, 2014, and March 24, 2014, 62 days, for the
total of$15,500.
Previously assessed and paid operational costs total 81 .15.
Total amount to date is $15,500.
The county is recommending that the fines be waived, as the
property is in compliance, and all operational costs have been
paid.
MR. LAVINSKI: Motion to abate.
MR. MIESZCAK: Second.
CHAIRMAN KAUFMAN: We have a motion and a second
to abate.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thanks, Joe.
MR. LEFEBVRE: But the operational costs for today have
not been paid, correct?
MR. MUCHA: I believe there's no operational costs if it's
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March 27, 2014
abated. Yes, sir. Thank you.
MR. LEFEBVRE: Thank you.
MS. ADAMS: Number 6, Case CESD20120016883, Jose
and Sara Lopez.
(The speakers were duly sworn and indicated in the
affirmative.)
MR. SARMIENTO: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. KINCAID: Good morning.
CHAIRMAN KAUFMAN: Okay. Why don't you identify
yourself.
MR. SARMIENTO: Octavio Sarmiento. Been here before.
How you doing, guys? I'm on behalf of Sara and Jose Lopez.
I believe Mr. Bill Weiss, the architect on this case, was here
before you. I just recently took over the situation to help out the
owners.
I was given the plans, which are signed and sealed by Mr.
Bill Weiss, but this is an after-the-fact, so we needed an affidavit
to go along with the plans. I, about a month ago, been trying to
obtain this affidavit, which finally I got about a couple of days
ago signed and sealed by Mr. Bill Weiss. So we're now in the
process of submitting the permit.
I had a conversation with Mr. Kincaid. In the plans it states
that the roof was done by a manufacturer, which is not. There --
it was done by the owners with rafters, and they were supposed
to be included on the plans.
Also, I understand in the front of the property there is a front
porch or lanai that was also not included on the plans.
So, actually, I have a plan and an affidavit. I might be able
to submit this part of the permit. I know I'm going to get rejected
because of the roof because, of course, it's not done by a
manufacturer. It's done, you know, a conventional way through
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March 27, 2014
the rafters.
Also, there's another problem with the shed in the rear,
which -- when the Lopezes hired Mr. Weiss, is it was supposed to
be included, everything, all the violations included. He was
recommended by Habitat, I believe. And he only have taken care
of the addition in the rear of the main house.
So we still will be having little things -- problems with the
shed. Money-wise, also, it's another problem with the owners,
that they've given him the money to Mr. Weiss and he only has
been able to do the plans within the rear addition, which is, I
think, two bedrooms.
So right now I'm working along with the owners trying to
see how much I can help them. But I do have a lot to work with,
but still --
CHAIRMAN KAUFMAN: Well, we're not here to rehear
the case. This case is almost a year old.
MR. SARMIENTO: Yeah.
CHAIRMAN KAUFMAN: What's the county's position on
this?
MR. KINCAID: For the record, Jim Kincaid, Collier
County Code Enforcement.
As he stated, he's taken over the case. And I cannot attest to
the issues with Mr. Weiss or who was here before. I can tell you
that he has shown me one issue with the plan that they have
drawn for the addition.
I'm not sure how that would have to be resolved. Since Mr.
Weiss has signed this, this permit by affidavit, either he would
have to draw a revision or somebody would have to draw a
revision for the plan, and it would have to be sealed, I believe, by
Mr. Weiss, since he would be the architect of record. I don't
know how that could change on a permit-by-affidavit plan.
I know that the owner has done the corrections to the front
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March 27, 2014
porch. I believe from what Mr. -- I believe Mr. Weiss, at one
conversation that we had, indicated that they had -- I believe this
is correct -- that they had cut the back down to -- the size of it
down to where it is compliant with the --
MR. SARMIENTO: Setbacks.
MR. KINCAID: -- Collier County setbacks for the
property; however, it still never has been permitted and
inspected, so that's still an issue that we need to resolve.
CHAIRMAN KAUFMAN: My problem with this is it's a
year old.
MR. KINCAID: Yes, sir, I agree.
CHAIRMAN KAUFMAN: And I'm not agreeing to any
extension, personally. I think after a year, and we're still to the
point where there's not even a permit to take care of the other
aspects of this, that we impose the fine.
Anybody else want to comment from the board?
MR. LAVINSKI: I think that's a reasonable assessment.
CHAIRMAN KAUFMAN: Okay. I'll make a motion that
we impose the fine.
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: We have a motion and a
second.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously.
Thank you.
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March 27, 2014
MR. SARMIENTO: Have a good one. Thank you, sir.
MR. MIESZCAK: Thanks.
CHAIRMAN KAUFMAN: Any more cases?
MS. ADAMS: No, that's the last.
CHAIRMAN KAUFMAN: Do we have a missing director?
MS. ADAMS: Yeah, I believe he stepped out.
CHAIRMAN KAUFMAN: We'll scold him when he comes
back in.
MR. LAVINSKI: What if he never comes back?
CHAIRMAN KAUFMAN: He'll be back. He won't answer
his phone there. Why don't we take a five-minute break.
MS. ADAMS: Okay.
(A brief recess was had.)
CHAIRMAN KAUFMAN: Code Enforcement Board is
back in order.
We'd like to get a motion to accept the foreclosure
collection authorization.
MR. MIESZCAK: I'll make that motion.
CHAIRMAN KAUFMAN: We have a motion. Do we
have a second?
MR. LAVINSKI: Second.
CHAIRMAN KAUFMAN: All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: Carries unanimously. Thank
you.
And that brings us up to Jeff.
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March 27, 2014
MR. MIESZCAK: That's why we couldn't adjourn.
CHAIRMAN KAUFMAN: That's right.
MR. WRIGHT: Good morning, Mr. Chairman, board
members.
Just a quick report, some of the highlights, some data from
our department. As of March 23, 2014, the department has
opened up 4,700 cases in Fiscal Year '14, so that's almost six
months. By my math we're scheduled to open about 10,000 cases
during the fiscal year.
Along with that, we're doing a lot of-- a lot more patrol
visits. We've done 4,400 of those in that same period of time.
Again, we'll probably end up close to 9- or 10,000 patrol visits
during the fiscal year.
Property inspections were at 12,300 halfway through the
year, so we're on pace for about 25,000 property inspections.
And we're doing the community events, meet-and-greets
and cleanup events. We're keeping those going. So far in the
fiscal year we've had about 69 of those, and along with that, 64
abandon-home sweeps. So those abandoned homes are still a
priority in our department. I'm happy to report that at the end of
last year, the number of abandoned homes that we had on count
was 1,131, and as of the end of February, the number's around
920. So we're keeping an eye on that, and we're encouraged by
the trend there.
Also, number of liens filed during that same fiscal year
period, 278.
And fines waived by the boards, Board of County
Commissioners and the code tribunals that we have, is
approaching 2 million for the fiscal year.
And also we've -- last month I think I mentioned that we
have exceed the $15 million in the last five years of waivers, so --
and that seems to continue. Every meeting we're taking more of
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March 27, 2014
those waivers to the Board of County Commissioners, and you
see them every day -- or the meeting that you have. So that's
going to continue, I would guess, going into the future.
And, finally, lien searches. They're a really brisk activity.
We get about 150 lien searches a week, so that's about 30 a day,
just constantly going. And so far we have 3,800 of those for the
fiscal year.
So that's just a snapshot. You may have heard that we're
cracking down on sign enforcement; we're cranking that up, and
MR. MIESZCAK: Front page in the paper.
MR. WRIGHT: Yeah, it seems to be a hot topic, but we're
just carrying out board's direction on that. And that and the
abandoned homes, and we're also kind of looking ahead of the
hurricane season and working with right-of-way to clear the
culverts around town. So that's kind of our big-three focus,
among a handful of others things.
CHAIRMAN KAUFMAN: Are there any moves to change
the rental portion of the Collier County code going forward?
MR. WRIGHT: Is that the rental registration?
CHAIRMAN KAUFMAN: Yes.
MR. WRIGHT: Well, I know that a few years back they
terminated that program, and I haven't heard any real effort to
revive it yet. That may change. If it does, we'll follow whatever
the direction is.
CHAIRMAN KAUFMAN: Okay. I have two comments.
Number one, on the agenda, we cut you off of this agenda, Jeff,
so we need to put you back on there. It ended with a motion for
continuance. So either I'm missing a page or -- stipulations and
then -- you understand what --
MR. WRIGHT: Well -- and I do see on today's agenda
there's numbers for new business, consent agenda. That's where
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March 27, 2014
you get forwarded the County Attorney's Office report, and then
No. 9 is reports. Is that what you're referring to where we would
normally --
CHAIRMAN KAUFMAN: I don't see 9 on mine. I just
have stipulations. Oh, yeah. I must be missing a page. Let me
see. Okay. My page must have fallen off.
What we probably should do on the agenda for the next
meeting is -- it's our annual elect a chair, vice chair, et cetera, and
any changes to the bylaws, we should include that on the agenda
for the next meeting, which is --
MR. LEFEBVRE: We should have the rules sent to us.
CHAIRMAN KAUFMAN: Yeah, the rules -- probably
email it to us. See if anybody has any suggestions for changes.
And that's from me. Anybody else have any?
MR. LEFEBVRE: That's it.
MR. MIESZCAK: I'll make a motion to adjourn.
CHAIRMAN KAUFMAN: Motion to adjourn.
All those in favor?
MR. MIESZCAK: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LAVINSKI: Aye.
MS. BUSHNELL: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: We're adjourned.
Page 64
March 27, 2014
FILED 41
01.11ER COUNTY F .0 ,,"
20I4 APR 24 AN II: 47 *****
CLERK OF COURTS
Thee WeiliTTRYINther business for the good of the County, the
meeting was adjourned by order of the Chair at 10:36 a.m.
CODE ENFORCEMENT BOARD
"A I
'I BER •f AN, Chairman
These minutes approved by the Board on 00 1- a`thbo
as presented x or as corrected
TRANSCRIPT PREPARED ON BEHALF OF GREGORY
COURT REPORTING SERVICE, INC., BY TERRI LEWIS,
NOTARY PUBLIC/COURT REPORTER.
Page 65