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CEB Minutes 08/28/2014 Code Enforcement Board Minutes August 28 , 2014 August 28, 2014 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida August 28, 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, East Naples, Florida, with the following members present: ACTING CHAIRMAN: Gerald Lefebvre Robert Kaufman (Excused) Robert Ashton Lisa Chapman Bushnell (Excused) Larry Mieszcak Tony Marino James Lavinski Lionel L'Esperance ALSO PRESENT: Jean Rawson, Attorney for the Board Jeff Wright, Code Enforcement Director Kerry Adams, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: AUGUST 28, 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. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Gerald Lefebvre,Vice Chair Lionel L' Esperance James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell-excused absence Robert Kaufman-excused absence 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. JULY 24,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1. CASE NO: CELU20140008250 OWNER: JERILYN NEUHAUS OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS 1.04.01(A)AND 2.02.03. RECREATIONAL VEHICLES/EQUIPMENT STORED AT LOCATION NOT APPROVED FOR SUCH USE. FOLIO NO: 52501800003 VIOLATION ADDRESS: 365 CAPRI BLVD,NAPLES, FL 1 Motion for Extension of Time B. Stipulations C. Hearings 1. CASE NO: CEPM20140008527 OWNER: GAIL A PANDOLFE 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 SUB-SECTION (15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 62572280008 VIOLATION ADDRESS: 604 110TH AVE N,NAPLES,FL 2 2. CASE NO: CESD20140009469 OWNER: GEFFTER R GONCALVES& ANA MARIA GONCALVES OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). PERMIT FOR SHED/CHICKEN COOP NOT PERMITTED. FOLIO NO: 37747480008 VIOLATION ADDRESS: 531 18TH AVE NE,NAPLES, FL 3. CASE NO: CEPM20140011205 OWNER: BRENT R PARKER 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 SUB-SECTION (12)(I). BROKEN WINDOWS ON E/S UNIT OF DUPLEX. FOLIO NO: 24533040005 VIOLATION ADDRESS: 85 7TH ST, BONITA SHORES,FL 4. CASE NO: CEROW20140009627 OWNER: DAVID& ZENAIDA FALATO OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110 ROADS AND BRIDGES,ARTICLES II CONSTRUCTION IN RIGHT OF WAY, SECTION 110-31(A). UNPERMITTED AND DAMAGED CULVERT. FOLIO NO: 77210960002 VIOLATION ADDRESS: 130 2ND ST,NAPLES, FL 5. CASE NO: CEPM20140000515 OWNER: GRANT& TAMMY ARTHUR 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 SUB-SECTIONS(12)(N)AND(15). PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION AND ACCESSORY STRUCTURE SCREEN ENCLOSURE IN DISREPAIR. FOLIO NO: 81216013305 VIOLATION ADDRESS: 702 GRAND RAPIDS BLVD,NAPLES, FL 6. CASE NO: CENA20140009754 OWNER: ST GEORGE GROUP GRD CORP OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54, ARTICLE VI, SECTION 54-185(D). COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200 FOOT RADIUS OF IMPROVED PROPERTY. FOLIO NO: 400246503 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES, FL 3 7. CASE NO: CESD20140010571 OWNER: RAYNALD& IRANNA CASIMIR OFFICER: INVESTIGATOR JOSEPH MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS 10.02.06(B)(1)(A)AND(B)(1)(E),AND 2010 FLORIDA BUILDING CODE SECTION 105.1. ALTERATIONS AND IMPROVEMENTS CONSISTING OF BUT NOT LIMITED TO CONVERSION OF "C" UNIT APARTMENT INTO TWO SEPARATE DWELLINGS WITHOUT A PERMIT. INSTALLATION OF WOODEN FENCE WITHOUT A PERMIT. LIGHTING INSTALLED ON THE EXTERIOR OF THE STRUCTURE WITHOUT A PERMIT. FOLIO NO: 35980280009 VIOLATION ADDRESS: 4572 GOLDEN GATE PKWY,NAPLES, FL 8. CASE NO: CESD20140003286 OWNER: CIRILO MARQUEZ GONZALEZ&AUGUSTIN G MARQUEZ OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06 (B)(1)(E). PORCH AND ROOM ADDITION ADDED TO SINGLE FAMILY HOME WITHOUT PROPER COLLIER COUNTY PERMITS. FOLIO NO: 35880720009 VIOLATION ADDRESS: 1931 40TH TER SW,NAPLES, FL 9. CASE NO: CEPM20140005585 OWNER: ELI WALLEN& DANNIE DEVOL OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22- 231(12)(N). WOODEN FENCE IN DISREPAIR. FOLIO NO: 62766360006 VIOLATION ADDRESS: 707 94TH AVE N,NAPLES, FL 10. CASE NO: CELU20140008250 OWNER: JERILYN NEUHAUS OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS 1.04.01(A)AND 2.02.03. RECREATIONAL VEHICLES/EQUIPMENT STORED AT LOCATION NOT APPROVED FOR SUCH USE. FOLIO NO: 52501800003 VIOLATION ADDRESS: 365 CAPRI BLVD,NAPLES, FL 4 11. CASE NO: CESD20140006864 OWNER: JEFFREY GALLUCCI,DEBORAH L GALLUCCI& MARY P STEVENS OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: THE 2010 FLORIDA BUILDING CODE,CHAPTER 1 SCOPE AND ADMINISTRATION. PART 1 SCOPE AND APPLICATION, SECTION 105.1 REQUIRED. COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, BUILDING AND LAND ALTERATIONS, SECTION 10.02.06(B)(1)(A). FENCE INSTALLED WITHOUT REQUIRED PERMIT(S), LANAI ADDED TO(MH)MOBILE HOME WITHOUT REQUIRED PERMIT(S), SHED INSTALLED WITHOUT REQUIRED PERMIT(S). FOLIO NO: 49580760009 VIOLATION ADDRESS: 39 HENDERSON DR,NAPLES, FL 12. CASE NO: CEPM20140006853 OWNER: MILLERS PARK ESTATES LLC 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 SUB-SECTIONS(11),(12)(B),(12)(D),(12)(C), AND(12)(I). 1.EXPOSED WIRING, UNCOVERED PANEL BOX CREATING A HAZARD,2. EXTERIOR WOOD SIDING ROTTING, 3. METAL WIRE OVER WINDOWS RESTRICTING INGRESS/EGRESS,4. ROOF OF BUILDINGS IN DISREPAIR, LEAKING AND COLLAPSING, 5. BROKEN AND BOARDED WINDOWS. FOLIO NO: 60183200000 VIOLATION ADDRESS: 118 N 6TH ST, IMMOKALEE, FL 13. CASE NO: CEPM20140003389 OWNER: LESLIE J& LOIS R HARVEY 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, SUB-SECTIONS(1),(3),(11),(12)(C), (12)(D),(12)(I),(12)(K),(12)(N), (12)(P),(19),& (20). NO COUNTER WORKSPACE IN KITCHEN,NO WATER PRESSURE IN SHOWER,TOILET BACKS UP INTO UNIT,NO HOT WATER,UNSAFE ELECTRICAL WIRING, FASCIA IN DISREPAIR,NUMEROUS INOPERABLE& BROKEN WINDOWS, ENTRY DOOR HARDWARE IN DISREPAIR,ACCESSORY STRUCTURE IN DISREPAIR, INTERIOR WALLS NEED PAINTING, LITTER& DEBRIS SCATTERED ABOUT PROPERTY, MOLD OBSERVED INSIDE A/C UNIT,AND NO SMOKE DETECTORS FOUND. FOLIO NO: 35647520002 VIOLATION ADDRESS: 4311 GOLDEN GATE PKWY,NAPLES, FL 5 14. CASE NO: CESD20140004100 OWNER: LESLIE J& LOIS R HARVEY OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 10.02.06(B)(1)(E). CONVERTED DUPLEX INTO QUADPLEX WITHOUT PROPER PERMITS. FOLIO NO: 35647520002 VIOLATION ADDRESS: 4311 GOLDEN GATE PKWY,NAPLES, FL 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20130014804 OWNER: ANTONE C MENDES OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110, SECTION 110-31(A). UNPERMITTED FENCING, REFRIGERATED STRUCTURE, AND OTHER OFFENDING MATERIAL IN THE COLLIER COUNTY RIGHT OF WAY. FOLIO NO: 51690680009 VIOLATION ADDRESS: 2260 TAMIAMI TRAIL E,NAPLES FL 2. CASE NO: CEVR20140004242 OWNER: MADISON MEADOWS PROPERTY OWNERS ASSOCIATION, INC OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: ORDINANCE 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 3.05.08(C). PRESENCE OF PROHIBITED EXOTIC VEGETATION INCLUDING, BUT NOT LIMITED TO, BRAZILIAN PEPPER AND EAR LEAF ACACIA IN A CONSERVATION/WATER MANAGEMENT AREA OF THE MADISON MEADOWS PLANNED UNIT DEVELOPMENT(PUD). THE OWNER IS GIVEN THE RESPONSIBILITY OF EXOTICS MAINTENANCE IN PLAT BOOK 19, PAGE 14. FOLIO NO: 56320000103 VIOLATION ADDRESS: NO SITE ADDRESS. BONITA SPRINGS, FL 3. CASE NO: CESD20130006038 OWNER: DUKENS PIERRE OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E)(I). LANAI ENCLOSED WITHOUT PERMITS. PERMIT BY AFFIDAVIT PRBD20111005575 WAS CANCELED BY CONTRACTOR. FOLIO NO: 35758960001 VIOLATION ADDRESS: 4473 18TH PL SW,NAPLES, FL 6 4. CASE NO: CELU20130014576 OWNER: 925 CYPRESS LLC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE SECTION 2.02.03, PROHIBITED USES AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 126,ARTICLE IV, SECTION 126-111(B)(TAXATION).NO COLLIER COUNTY BUSINESS TAX RECEIPT FOR MULTI-FAMILY RENTAL USE OF PROPERTY. ALSO ALLOWING TRANSIENT LODGING(LESS THAN SIX MONTHS)ON THIS RMF-6 PROPERTY. FOLIO NO: 48170680008 VIOLATION ADDRESS: 2829 SHOREVIEW DR,NAPLES, FL 5. CASE NO: CELU20130015799 OWNER: SANDRA & CARLA SAGE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 2.02.03 AND 1.04.01(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 130, ARTICLE III, SECTION 130-96(A). THE STORAGE OF SEVERAL RECREATIONAL VEHICLES AND TRAILERS ON THIS PROPERTY NOT IDENTIFIED AS THE PROPERTY OWNERS AND NOT AN ALLOWABLE USE FOR THE AGRICULTURAL ZONING DISTRICT WHERE THE PROPERTY IS LOCATED. A RECREATIONAL VEHICLE IS ALSO BEING USED FOR LIVING PURPOSES. FOLIO NO: 209160709 VIOLATION ADDRESS: 3123 RAVENNA AVE,NAPLES, FL 6. CASE NO: CESD20130000332 OWNER: MILDA VAIVADA OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: ORDINANCE 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE SECTION 10.02.06(B)(1)(A). UNPERMITTED ALTERATIONS MADE TO THE GARAGE. FOLIO NO: 77412120006 VIOLATION ADDRESS: 1336 TRAIL TERRACE DR,NAPLES, FL 7. CASE NO: CESD2013001 1211 OWNER: RAFAEL BARRIOS MONTERO, TOMAS B AVILA REYES,AND RICARDO ABRIL OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: ORDINANCE 04-41, AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE SECTION 10.02.06(B)(I)(A)AND THE 2010 FLORIDA BUILDING CODE, CHAPTER 1, SECTION 105.1. A SHED, FENCE,AND TWO ALUMINUM STRUCTURES BUILT IN THE REAR YARD WITHOUT FIRST OBTAINING ALL REQUIRED PERMITS. FOLIO NO: 37347080002 VIOLATION ADDRESS: 1281 25TH ST SW,NAPLES, FL 7 8. CASE NO: CENA20140006693 OWNER: 4463 EAST TRAIL LLC OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE VI, SECTION 54-185(D). COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200 FOOT RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 393920004 VIOLATION ADDRESS: NO SITE ADDRESS.NAPLES, FL 9. CASE NO: CEOCC20140002473 OWNER: 4641 17TH AVE SW LAND TRUST OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: ORDINANCE 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 5.02.03(J). VEHICLES BEING REPAIRED ON RESIDENTIAL PROPERTY FOLIO NO: 35768800009 VIOLATION ADDRESS: 4641 17th AVE SW,NAPLES, FL 10. CASE NO: CESD20130006171 OWNER: IRIS LABRIE OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: ORDINANCE 04-41,AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(A). PERMIT PRBD20120101674 EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION. FOLIO NO: 55901120005 VIOLATION ADDRESS: 266 6TH ST W, BONITA SPRINGS, FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 1. CASE NO: CEPM20110002247 OWNER: ALLEN W FULLER& BARBARA A DAVIS OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE VI, SECTION 22-243 AND SECTION 22-231(12)(I). MISSING AND BROKEN WINDOWS, MISSING AND/OR UNSECURED EXTERIOR DOORS, HOLES IN THE WALLS,NO OPERATIONAL SINKS, TUB/SHOWER OR TOILETS. FOLIO NO: 730160003 VIOLATION ADDRESS: 267 PRICE STREET,NAPLES, FL 8 2. CASE NO: CESD20080015799 OWNER: VALORIE K LOJEWSKI & CAROL E NELSON OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, 10.02.06(B)(1)(A). POOL AND GARAGE CONVERSION ON ESTATES ZONED PROPERTY WITHOUT COLLIER COUNTY PERMITS. FOLIO NO: 37220800008 VIOLATION ADDRESS: 330 WILSON BLVD S,NAPLES, FL 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- SEPTEMBER 25, 2014 12. ADJOURN 9 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Can you hear me okay? Very good. Notice: The respondent may be limited to 20 minutes for case presentation, unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And if you could, please, turn off your cell phones. And let's start off with the Pledge of Allegiance. (Pledge of Allegiance was recited in unison.) ACTING CHAIRMAN LEFEBVRE: Roll call, please. MS. ADAMS: Mr. Gerald Lefebvre? ACTING CHAIRMAN LEFEBVRE: Here. MS. ADAMS: Mr. James Lavinski? MR. LAVINSKI: Here. MS. ADAMS: Mr. Robert Ashton? MR. ASHTON: Here. MS. ADAMS: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. ADAMS: Mr. Larry Mieszcak? MR. MIESZCAK: Here. MS. ADAMS: Mr. Tony Marino? Page 2 August 28, 2014 MR. MARINO: Here. MS. ADAMS: And Mr. Robert Kaufman has an excused absence, and Ms. Lisa Chapman Bushnell has an excused absence. ACTING CHAIRMAN LEFEBVRE: And are there any changes to the agenda? MS. ADAMS: Yes. Number Five, Public Hearings/Motions, A, Motion for Continuance, we have one addition. It's Number Eight from Hearings, Tab Nine, Case CESD20140003286, Cirilo Marquez Gonzalez and Augustine G. Marquez. Letter C, Hearings, Number Seven, Tab Eight, Case CESD20140010571, Raynald and Iranna Casimir has been withdrawn. We have one emergency case added. It will be Number 15, Case CEPM20140011631, R.T. Berger, Sr. Revocable Trust Estate. Number Six, Old Business, A, Motion for Imposition of Fines/Liens. Number Nine, Tab 24, Case CEOCC20140002473, 4641 17th Avenue Southwest Land Trust has been withdrawn. Number 10, Tab 25, Case CESD20130006171, Iris Labrie, has been withdrawn. And that's all the changes. MR. L'ESPERANCE: One question. Tab 21 is withdrawn? MS. ADAMS: Tab 21 is not withdrawn, no. MR. L'ESPERANCE: Thank you. ACTING CHAIRMAN LEFEBVRE: Any other questions? (No response.) ACTING CHAIRMAN LEFEBVRE: Can I have approval of the changes to the agenda? MR. LAVINSKI: Motion to accept the changes. MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Next the -- can I have a motion to approve the minutes? MR. MIESZCAK: I'll make the motion to approve the minutes. Page 3 August 28, 2014 MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: All right, we're going to move on to Public Hearings. MS. ADAMS: The first motion for continuance, Case CELU20140008250, Jerilyn Neuhaus. (Investigator Clark was duly sworn.) ACTING CHAIRMAN LEFEBVRE: And I take it the respondent is not here? INVESTIGATOR CLARK: Yes. ACTING CHAIRMAN LEFEBVRE: All right. I know they have a -- this is our tab number 11, and I know there was a letter. And have you spoken to her? INVESTIGATOR CLARK: Yes, I have. ACTING CHAIRMAN LEFEBVRE: And she's looking to -- doesn't say when she would like to continue it to. But she's I guess out of town for a week or so until the 1st. Does the county have any problem continuing this until next month? INVESTIGATOR CLARK: No, no objections. ACTING CHAIRMAN LEFEBVRE: When is our meeting next month? MS. RAWSON: September 25th. Page 4 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: 25th, okay. So in her letter she says she'll be back on the 21st, so if we schedule for the 25th, she should be able to make it. Do I hear a motion -- MR. MIESZCAK: I'd like to ask one question. It says recreational vehicles. It's not occupied or anything, or anybody living there? INVESTIGATOR CLARK: No, actually it's a real estate office. MR. MIESZCAK: Oh, it is? It says rec -- okay. Thanks. That's good. ACTING CHAIRMAN LEFEBVRE: I mean, from the sound of it, it's a very simple thing to do. But what's the -- what would the board like to do? MR. ASHTON: Make a motion to extend it to the September meeting. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Motion passes. MS. ADAMS: The next Motion for Continuance is Number Eight from Hearings, Tab Nine, Case CESD20140003286, Cirilo Marquez Gonzalez and Augustin G. Marquez. (Investigator Davidson was duly sworn.) ACTING CHAIRMAN LEFEBVRE: This respondent also has a Page 5 August 28, 2014 letter? INVESTIGATOR DAVIDSON: Correct. For the record, Colleen Davidson, Collier County Code Enforcement. ACTING CHAIRMAN LEFEBVRE: She's asking for 60 days to finish the permit process. Do you know where she is in the permit process? INVESTIGATOR DAVIDSON: I know that they've hired an architect and they're going through the -- to get the revisions done. They haven't applied for the permit yet. ACTING CHAIRMAN LEFEBVRE: Is it going to be permit by affidavit? INVESTIGATOR DAVIDSON: I believe so. ACTING CHAIRMAN LEFEBVRE: Do you feel that 60 days is enough time to accomplish what they're trying to accomplish? INVESTIGATOR DAVIDSON: If they don't have it done completely, they should be pretty close, within 60 days. ACTING CHAIRMAN LEFEBVRE: Any questions from the board? (No response.) ACTING CHAIRMAN LEFEBVRE: Do you feel that you can -- can you please state your name for the record. MR. MARQUEZ: Cirilo Marquez, Jr. (Mr. Marquez, Jr. was duly sworn.) ACTING CHAIRMAN LEFEBVRE: Can you just bring the mic a little bit closer. Kind of like swing it. Thank you. Do you feel that you can accomplish this in 60 days? MR. MARQUEZ: Yeah, I think so. ACTING CHAIRMAN LEFEBVRE: How close are you to submitting the -- MR. MARQUEZ: Oh, I already have the prints right here. I just Page 6 August 28, 2014 have to take it to the county. ACTING CHAIRMAN LEFEBVRE: Okay. And pay the fees and everything, okay. All right, what is the -- what would the board like to do? MR. LAVINSKI: Motion to extend 60 days. ACTING CHAIRMAN LEFEBVRE: Do I hear a second? MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Thank you, sir. MS. ADAMS: Next case, Letter C, Hearings, Number One, Tab Two, Case CEPM20140008527, Gail A. Pandolfe. (Investigator Santafemia was duly sworn.) INVESTIGATOR SANTAFEMIA: For the record, John Santafemia, Collier County Code Enforcement, Property Maintenance and Housing Inspector. Good morning. ACTING CHAIRMAN LEFEBVRE: Good morning. INVESTIGATOR SANTAFEMIA: This matter is in reference to Code Case No. CEPM20140008527, relative to the violation of Collier County Code of Law and Ordinances, Chapter 22, Article 6, Section 22-231, Subsection 15. Page 7 August 28, 2014 Description of violation: Is private swimming pool not being maintained, creating an unhealthy condition. Violation location: Is 604 110th Avenue North, Naples, Florida. Folio No. 6257228008. Notice was given on May 1st, 2014 by posting the location of 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 following exhibits: One photograph. ACTING CHAIRMAN LEFEBVRE: Do I hear a motion to except the exhibits? MR. LAVINSKI: Most to except. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Details of this case are as follows: On April 29th, 2014 we received a complaint from a neighbor regarding unmaintained pool at this location. I completed a site visit and confirmed the pool water was stagnant and the dwelling appeared vacant and abandoned. Page 8 August 28, 2014 Further research of the property revealed a lis pendens was recorded with the Clerk of Courts; therefore, I sent an email to the lender advising of the violation. Subsequent reinspections revealed no abatement activity had occurred and no response was received from the lender; therefore I prepared the case for the CEB hearing process. A final inspection was completed on August 26th, 2014, and noted the violation remained. ACTING CHAIRMAN LEFEBVRE: Questions of the board? (No response.) ACTING CHAIRMAN LEFEBVRE: Does the board find a violation? MR. MIESZCAK: I'll make a motion a violation exists. MR. LAVINSKI: Second. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. All right. INVESTIGATOR SANTAFEMIA: County recommendations are that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$63.29 incurred in the prosecution Page 9 August 28, 2014 of this case within 30 days and abate all violations by: Chemically treat pool water, clean and maintain with an approved filtration system within blank days of this hearing or a fine of blank will be imposed for each day the violation continues. Alternatively, the pool water may be chemically treated to kill the algae, then covered with an approved cover to prevent rainwater intrusion within blank days of this hearing or a fine of blank will be imposed for each day the violation continues. The respondent must notify Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methods 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. ACTING CHAIRMAN LEFEBVRE: Would anyone like to fill in the blanks? MR. LAVINSKI: Yeah, I'll take it. I make a motion that the operational costs of 63.29 be paid within 30 days; that the violation be abated within seven days or a fine of $250 a day. ACTING CHAIRMAN LEFEBVRE: For both of them? One and two? MR. LAVINSKI: Yes. ACTING CHAIRMAN LEFEBVRE: Do I hear a second? MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. Page 10 August 28, 2014 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Thank you. ACTING CHAIRMAN LEFEBVRE: Thank you. MS. ADAMS: The next case is Number Two, Tab Three, Case CESD20140009469, Geffter R. Goncalves and Ana Maria Goncalves. (Mr. and Mrs. Goncalves and Supervisor Bosa were duly sworn.) SUPERVISOR BOSA: Good morning. For the record, Ralph Bosa, Collier County Code Enforcement. This is in reference to Case No. CESD20140009469, and dealing with the violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), for an unpermitted storage structure. Located at 531 18th Avenue Northeast, Naples, Florida, with a folio number of 37747480008. Notice was given on May 12th, 2014. I'd like to present case evidence in the following exhibits: Two photos taken August 25th, 2014 and an aerial photo from Collier County Property Appraiser showing the structure at the real property in 2006 and 2007. ACTING CHAIRMAN LEFEBVRE: Do I hear a motion to accept? MR. ASHTON: Motion to accept. MR. LAVINSKI: Second. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? Page 11 August 28, 2014 (No response.) ACTING CHAIRMAN LEFEBVRE: In all those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. SUPERVISOR BOSA: This originated from a complaint that we received from an expired chicken coop permit on the property. A site inspection and research showed that a large unpermitted structure had been built at the rear of the property without any building permits. The Property Appraiser aerials will show you the structure being built between the years 2006 and 2007 -- it might be a little hard to see but the 2006 one shows the framing of the roof, and then the 2007 shows the completed product. The owners have been in contact with Code Enforcement to gather information to come into compliance. I spoke with the owner yesterday. Just to mention, they did buy the property back in April. We did have a previous case on this. This is one of those cases where it was just passed on to them and they were not told about the violation on the property. So I gave them all the options that he has and he decided to come in today. MR. GONCALVES: Good morning. Well, when we bought this property we put our life savings into it. We don't have rich parents, we're just hardworking people. And my wife's pregnant right now, I have another son which is three years old. Page 12 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Congratulations. MR. GONCALVES: My son's dream is to have a little horse. And the reason I bought this property specific is because it had that kind of barn thing in the back so I can save money for a couple of years to try to buy him his little horse and put it over there. MR. L'ESPERANCE: Pardon me, have we been sworn in already? ACTING CHAIRMAN LEFEBVRE: They, have yes. MR. GONCALVES: But now after 30 days -- I bought the property back on April 15th. I didn't know anything about this. And then I started receiving tickets from violations. And the town wants me to put it down. I can't afford to put it down. And the town wants me to move. It's not something that you can move, understand? It's 20 feet from the property line and the town says it's got to be 30 feet. You understand? I can't move. I can't afford to move. My wife's going to be without work for at least, I don't know, 60 days, 90 days, you know. I want to find a way to solve the situation, but we really don't want to put it down. ACTING CHAIRMAN LEFEBVRE: Well, one option would be to go get a variance, correct? SUPERVISOR BOSA: It could be, but that's going to be a lot more money, very costly. ACTING CHAIRMAN LEFEBVRE: How big is this structure overall, would you say? SUPERVISOR BOSA: Structure is, I didn't take the measurements, but -- ACTING CHAIRMAN LEFEBVRE: Roughly. SUPERVISOR BOSA: Roughly about 24 by 12, maybe 24 by 24. ACTING CHAIRMAN LEFEBVRE: Looked pretty square. SUPERVISOR BOSA: Pretty square. It's big enough probably Page 13 August 28, 2014 to hold two horses and some storage. MR. GONCALVES: Yeah, probably to hold two horses. And it's nothing like a house or nothing like that, it's just a barn. And it's farther away, at least 250 feet from any house. So it's really far from any property. But the lot that it's on, the right side, it's wild. It's two wild lots, so -- ACTING CHAIRMAN LEFEBVRE: Another option might be to approach the neighbor and see if you can buy some property from him to -- MRS. GONCALVES: It's an empty lot. MR. GONCALVES: That's what we said, that's what -- ACTING CHAIRMAN LEFEBVRE: That might be the best option, so you can buy 15 feet or whatever from him. MR. GONCALVES: Yes, yes, that's an option. ACTING CHAIRMAN LEFEBVRE: You have a twofold problem. First is it's not permitted. Second of all, the reason it probably isn't permitted is because they couldn't get -- if they did a spot survey, it would show that it was too close to the property line. So that's probably why it's not permitted. MRS. GONCALVES: My question is, we did have all those inspections and surveys so nobody told us nothing about this. And I don't think it's fair for us to pay a price for the house including that thing and now to have to put money down for a permit or for -- to put it down or to move it around. ACTING CHAIRMAN LEFEBVRE: Unfortunately any violations or potential violations for the property run with the -- they run with the property. So if you're not aware of it, it's the new owner that's responsible for correcting the violation. Are there legal avenues to go after the previous owner or title company? Sure, there may be. But that's not something that we can look at or give you advice on. Page 14 August 28, 2014 So unfortunate, we have a case -- what we could do is if we find that there is in fact a violation we can give you time to correct the violation. And that's ultimately as a board here what we want is the violation to be corrected. Unfortunately there are kinds of people like yourself unknowingly purchase properties. We've taken steps to try to minimize the amount of people that do have this happen. But if there was a previous case, was there anything ever filed on public records? SUPERVISOR BOSA: Yes, there was. We did have a case open on it and we were preparing for hearing. As we were preparing for hearing, they just sold it as soon as that happened before it -- ACTING CHAIRMAN LEFEBVRE: So there was nothing recorded in the public records. SUPERVISOR BOSA: Just a code case, code case records we have. ACTING CHAIRMAN LEFEBVRE: Right. But I mean -- so first of all, there was never a code case search done by -- SUPERVISOR BOSA: Yeah. ACTING CHAIRMAN LEFEBVRE: Unfortunately. There's a way to protect the public, and you could go to Code Enforcement and say I want to see if there's any code violations on this property. And there's a fee for that, before you purchase your property, and you do a search. If there was something recorded in the public records, that would show up too. But obviously that wasn't the case, unfortunately. MR. GONCALVES: First home buyers, no experience. ACTING CHAIRMAN LEFEBVRE: Right, I understand. I understand. I guess I ask the board, is there a violation? MR. LAVINSKI: I'll make a motion a violation does exist. ACTING CHAIRMAN LEFEBVRE: Okay, do I hear a second? MR. MIESZCAK: Second. Page 15 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. What we just did, we did find that there is actually a violation on the property. The next step will be to give you time to fix it. So that's what we're going to do right now. MR. GONCALVES: One question. What if we could try to buy -- like you said, buy, you understand, 15 feet? ACTING CHAIRMAN LEFEBVRE: Right. What we're going to do as a board, we're going to come up with what we call an order. And basically what it's going to say is what you have to do and you'll have a time frame. And after that time frame you can either come back in front of us and say I'm working on it and ask for more time, or we'll say okay, you have until that date and then there's fines that will start. So we're going to do that right now. MR. GONCALVES: Okay, thanks. MRS. GONCALVES: Thank you. SUPERVISOR BOSA: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $63.29 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, certificates Page 16 August 28, 2014 of completion/occupy within X amount of days of this hearing or a fine of X amount a 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. ACTING CHAIRMAN LEFEBVRE: Do I have a motion -- I mean, a -- MR. LAVINSKI: Yeah, I'll try it. I make a motion that the operational costs of 63.29 be paid within 30 days; that the violation be corrected in 180 days or a fine of$200 a day be assessed. MR. ASHTON: I'd like to amend that to $100 instead of two. ACTING CHAIRMAN LEFEBVRE: I would agree. MR. LAVINSKI: I'll accept the amendment. MR. L'ESPERANCE: I would ask the respondent to let us know if you think 180 days would be adequate enough time for you to come up with a solution. MR. GONCALVES: I would ask for one year. My wife's going to be out of work for a while. I have two kids. I don't have any parents in Naples. I don't have no one that can help me with anything here. I'm by myself, just me and my wife. MR. L'ESPERANCE: Would the board consider an extension of 180 days to perhaps a one-year period of time? ACTING CHAIRMAN LEFEBVRE: Is this being used at all right now? MR. GONCALVES: Just as a storage. I just put my lawnmower there and that's it. ACTING CHAIRMAN LEFEBVRE: Is there any electricity to Page 17 August 28, 2014 this building, to this structure? MR. GONCALVES: It is. MR. LAVINSKI: No, I think the 180 days would be time enough to find out if he could possibly purchase an additional piece of land to help, and this 180 days will keep it moving along rather than letting it sit there for a year and discussing this a year from now. MR. GONCALVES: It's sitting there for eight years and the town haven't done anything. ACTING CHAIRMAN LEFEBVRE: Right. But unfortunately there was a complaint and it's in front of us. We have a motion, we have a second. Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion is passed. Again, what you will have is the opportunity, if you realize coming up on six months that you're not going to be able to make that six-month period, and we do this all the time, you're able to come in front of us and discuss it with us again and see, you know, if we would be able to give you an extension of time to complete. But what I would suggest, that you don't come in front of us in five months and 29 days and say I haven't done anything, I want another two months or three months. We want to see progress. Obviously you can talk to the investigator, he can help you. But I Page 18 August 28, 2014 would say, you know, please start -- I know you have a lot of things right now, but please start working on it as soon as possible. MR. GONCALVES: I will. ACTING CHAIRMAN LEFEBVRE: Thank you very much. Have a great day. MS. ADAMS: The next case is Number Three, Tab Four, Case CEPM20140011205, Brent R. Parker. (Investigator Santafemia was duly sworn.) INVESTIGATOR SANTAFEMIA: Good morning again. For the record, John Santafemia, Property Maintenance and Housing Inspector for Collier County Code Enforcement. This matter is in reference to Code Case No. CEPM20140011205, relative to the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-231, Subsection 12(I). Description of violation: Is broken front window of east side unit. Violation location is: 85 Seventh Street, Naples, Florida. Folio No. 24533040005. Notice was given on June 5th, 2014 by posting of the location of violation at 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, which is one photograph. MR. MIESZCAK: Motion to accept the photographs. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. Page 19 August 28, 2014 MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Details of this case are as follows: On June 5th, 2014 while investigating a separate complaint on this property, I observed that the front windows of the east side unit had been broken out. Nobody was in the unit at the time, however the tenant occupying the west side unit stated that someone had thrown something through the windows during the night before. I completed a violation notice which was mailed certified to the owners, in addition to being posted at the property and courthouse. The notice was returned unclaimed, and subsequent reinspections revealed that the violation remained. I prepared the case for the code board hearing process. Final inspection was completed on August 26th, 2014 and the violation remains. I also did a little further investigation, there is no foreclosure action against this property. ACTING CHAIRMAN LEFEBVRE: Okay. Any questions from the board? MR. MIESZCAK: Motion a violation exists. MR. LAVINSKI: Second. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. Page 20 August 28, 2014 MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: County recommendations are that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 63.29 incurred in the prosecution of this case within 30 days and abate all violations by: Repairing the windows in compliance with the County Housing Code within blank days of this hearing or a fine of blank will be imposed for each day the violation continues. 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. ACTING CHAIRMAN LEFEBVRE: Do I have a motion? MR. LAVINSKI: Yeah, I make a motion that the operational costs of 63.29 be paid within 30 days, that the violation be abated within 10 days or a fine of $50 per day be assessed. MR. LEFEBVRE: I'll second that. ACTING CHAIRMAN LEFEBVRE: $50 a day? MR. LAVINSKI: Yes. ACTING CHAIRMAN LEFEBVRE: Do you know if this unit is currently lived in? Is occupied? Page 21 August 28, 2014 INVESTIGATOR SANTAFEMIA: We actually have an associated case with this for that violation. There is no electricity, to our knowledge, in that unit. We have been receiving complaints that it is being occupied sporadically. And myself and the area investigator have been making site visits to try to determine whether that's a legitimate complaint or not. I have verified with Florida Power & Light that there is no electricity though. ACTING CHAIRMAN LEFEBVRE: $50 seems a little bit low, but okay. INVESTIGATOR SANTAFEMIA: If I may, that is an ongoing issue. I don't know if you recognize the case, but -- MR. MARINO: Is there furniture in the place? From what you could see from outside, is it furnished? INVESTIGATOR SANTAFEMIA: Not that I could tell. There's some old stuff that was in there from the previous tenant who's been long gone, but I don't know if there's anything new that's been put into that place. MR. MARINO: So basically anybody can get in it if they want to get in it. ACTING CHAIRMAN LEFEBVRE: We have a motion, we have a second. Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? Page 22 August 28, 2014 (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Thank you. MS. ADAMS: The next case is Number Four, Tab Five, Case CEROW20140009627, David and Zenaida Falato. (Investigator Clark was duly sworn.) INVESTIGATOR CLARK: Good morning. For the record, Michael Clark, Collier County Code Enforcement. This is in reference to Case No. CEROW20140009627, dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Articles II, construction in a right-of-way, Section 110-31(A). Unpermitted and damaged culvert. Located at 130 Second Street, Naples, Florida, 34113. Folio No. 7721096002. Notice was given on May 29th, 20124. The property was posted on that date, and regular and certified mail was sent. At this time I would like to present case evidence of the exhibits. MR. MIESZCAK: Motion to accept the exhibits. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 23 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Motion passes. Have you had any contact with the owner. INVESTIGATOR CLARK: Yes, I have. ACTING CHAIRMAN LEFEBVRE: And what has he said? INVESTIGATOR CLARK: He stated that he would not correct the violation at the end, he decided to try to do something on his own. He was explained in terms of the permitting requirements of the right-of-way and he decided to do things his own way. ACTING CHAIRMAN LEFEBVRE: Okay. MR. LAVINSKI: Make a motion a violation does exist. MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. MIESZCAK: Second. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes unanimously. INVESTIGATOR CLARK: Recommendation? ACTING CHAIRMAN LEFEBVRE: Yes. You don't get off that easy. INVESTIGATOR CLARK: Recommendation is the Code Page 24 August 28, 2014 Enforcement Board order the respondent to pay all operational costs in the amount of$63.57 incurred in the prosecution of this case within 30 days and abate all violations by: One: Obtain all Collier County right-of-way permits, inspections and certificate of completion and restore right-of-way to permitted condition within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated. Two: The respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm the abatement. If the respondent fails to abate the violation, the court 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 provision of the order, and all costs of abatement shall be assessed to the property owner. MR. MIESZCAK: I'd like to make a motion that all operational costs of $63.57 be paid within 30 days, and permitted 30 days and $150 fine. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Do you feel that 30 days is sufficient to get a permit, to get this installed and so forth? INVESTIGATOR CLARK: At least the permitting part of it, yes. ACTING CHAIRMAN LEFEBVRE: Will this culvert have to be dug back up, more than likely, or do you think it will pass inspection? I know you're not the inspector, but from your experience. INVESTIGATOR CLARK: Most likely it would have to be dug up, because it's rusted, so it would have to be completely replaced. MR. MIESZCAK: I said 30 days but because the gentleman is not here. That makes me think that he's not being that cooperative, so therefore that's why I said 30 days. ACTING CHAIRMAN LEFEBVRE: I have a motion. Do I Page 25 August 28, 2014 have a second? MR. ASHTON: Second. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? MR. MARINO: I had one question. What was the amount of the fine? MR. ASHTON: 150 a day. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. MS. ADAMS: The next case is Number Five, Tab six, Case CEPM20140000515, Grant and Tammy Arthur. (Investigator Santafemia was duly sworn.) ACTING CHAIRMAN LEFEBVRE: Getting your exercise today. INVESTIGATOR SANTAFEMIA: It's not over. For the record, John Santafemia, Property Maintenance and Housing Inspector for Collier County Code Enforcement. This matter is in reference to Code Case No. CEPM2014000515 (sic) relative to the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-231, subsections (12)(N) and (15). Page 26 August 28, 2014 Description of violations are: Private swimming pool not being maintained, creating an unhealthy condition, and accessory screen structure in disrepair. Violation location is: 702 Grand Rapids Boulevard, Naples, Florida. Folio number is 81216013305. Notice was given on May 14th, 2014 by posting the location of violation, the Collier County Courthouse, in addition to certified first class mailing. At this time I would like to present evidence in the following exhibits: Two photographs. MR. MIESZCAK: Motion to accept the photographs. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: In all those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Details of this case are as follows: On January 8th, 2014, received a complaint from the Collier County Sheriffs Office regarding the deteriorating condition of this property. On January 13th, 2014 I completed my initial site visit and observed that the pool was obviously covered previously; however, the cover was now in disrepair, allowing the pool water to stagnate, Page 27 August 28, 2014 creating an unhealthy condition. I also noticed that the accessory screen structure was in disrepair. Research of the property history revealed foreclosure documents had been recorded with the Collier County Clerk's Office -- Clerk of Court's Office, which indicated of Bank of New York was the plaintiff. I reached out to the Bank of New York who had first informed me they would forward the violation details to their servicer for abatement. Initially there was some confusion regarding the occupancy status of the property; however, on May 14, 2014 I conducted -- I was contacted by an attorney from the lender who advised me that due to ongoing litigation they could not enter upon the property. At this time I completed a violation notice which was mailed to the owner and posted at the location and courthouse. Subsequent site visits revealed that the condition was unchanged, therefore the case was prepared and submitted for the Code Enforcement Board hearing process. A final inspection was completed yesterday, August 28th, 2014 which revealed the violation remained. MR. MARINO: Can you go back to photo one, please. So the way they were covering this pool was by a wood structure and then probably panel over it. INVESTIGATOR SANTAFEMIA: Yeah, that's actually an old cover that the bank previously installed. It's the HUD standard cover. It's wood frame. There is screening, metal mesh that goes on top, but there's as visqueen that's supposed to be in between. Once that deteriorates from the sun, it just disappears. MR. MARINO: Right. MR. MIESZCAK: Is that in a gated community? INVESTIGATOR SANTAFEMIA: It's in Waterways, sir. MR. MIESZCAK: Pardon? INVESTIGATOR SANTAFEMIA: Yes, Waterways. Page 28 August 28, 2014 MR. ASHTON: Have you been able to contact the owners at all? Have they -- INVESTIGATOR SANTAFEMIA: No. MR. ASHTON: -- contacted you at all? INVESTIGATOR SANTAFEMIA: No. MR. ASHTON: Now they're saying it's the owner's responsibility now, since they can't -- INVESTIGATOR SANTAFEMIA: Well, initially the bank said they were going to take care of it. And they had taken care of it before. I think what changed was a bankruptcy that was filed by the owner. That has been discharged so that's no longer an issue for us. ACTING CHAIRMAN LEFEBVRE: Any other questions? MR. L'ESPERANCE: The screen enclosure is secure or not. INVESTIGATOR SANTAFEMIA: No, not. ACTING CHAIRMAN LEFEBVRE: You can see the openings on the second panel up. MR. MIESZCAK: I'd like to make a -- INVESTIGATOR SANTAFEMIA: Well, the -- are you speaking of the doors themselves? They're locked. They have padlocks. The bank always does that. But the screens are all blown out so it's kind of moot. MR. MIESZCAK: Motion a violation exists. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: In all those in favor of the motion? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. Page 29 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Do you have a recommendation? INVESTIGATOR SANTAFEMIA: County recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$64.12 incurred in the prosecution of this case within 30 days and abate all violations by: One, chemically treating pool water to kill algae infestation and maintain condition by use of an approved filtration system and repair screen enclosure, returning same to originally permitted condition within blank days of this hearing or a fine of blank will be imposed for each day the violation continues. Number two: Is alternatively the pool water may be chemically treated, then covered with an approved pool cover to prevent the intrusion of rainwater subject to the described time frame and fines stated in paragraph one. Number three: The respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MR. MARINO: Is there anybody living in the house? INVESTIGATOR SANTAFEMIA: No, sir. MR. MARINO: So this is also a safety issue? INVESTIGATOR SANTAFEMIA: Well -- Page 30 August 28, 2014 MR. MARINO: You've got a pool that has water in it. INVESTIGATOR SANTAFEMIA: Yes, but the pool frame is still intact and the metal mesh is still there, so nobody can fall into it if that's -- MR. MARINO: Nobody can fall into it. INVESTIGATOR SANTAFEMIA: No, no. MR. ASHTON: I make a motion that the operating costs of 64.12 be paid within 30 days, the pool's chemically treated and the repaired screen within 30 days or a fine of$200 a day will be imposed. MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? MR. LAVINSKI: I think that 30 days is kind of pushing it. There's obviously abutting houses to this, as we saw in that one picture. And basically our guidelines talk about to be -- the violation to be corrected in roughly seven days or a fine of 250. So I think the motion is a little bit on the light side. MR. MIESZCAK: Is there an HOA to this? INVESTIGATOR SANTAFEMIA: Yes. MR. MIESZCAK: Do they ever do anything? I don't understand that part of it. INVESTIGATOR SANTAFEMIA: I think that they're actually maintaining the grass, the weeds on the front lawn. But they won't do anything on the pool. And they're in the same situation the county can be, especially if there's a bankruptcy filed, they can't go on the property, just like the bank cannot. They have a lot of legal concerns as far as, you know, access to the -- legal access to the property. MR. LAVINSKI: Did you say the bankruptcy was discharged? INVESTIGATOR SANTAFEMIA: Yes, sir. MR. LAVINSKI: So it's not -- INVESTIGATOR SANTAFEMIA: That was -- I confirmed that Page 31 August 28, 2014 yesterday before. MR. LAVINSKI: So that's not an issue. INVESTIGATOR SANTAFEMIA: No. MR. MIESZCAK: So I guess my question is this, because I'm thinking about of a few other problems in the past. So if the HOA -- then you can walk on that property, all around it without restriction as Code Enforcement, correct? INVESTIGATOR SANTAFEMIA: Not necessarily. MR. MIESZCAK: Why not? Because the owner doesn't own anything outside his property, the HOA takes care of it. So therefore you wouldn't be restricted to walk on that property behind it all that -- like you've got these pictures. INVESTIGATOR SANTAFEMIA: Maybe I don't understand the question. I can walk on the neighbor's property with their permission, but I'm restricted the same as anybody would be about right of entry. MR. MIESZCAK: The difference I see is it's not their property. INVESTIGATOR SANTAFEMIA: Actually, it is. Until -- MR. MIESZCAK: Well, they have a three-foot easement. HOA maintains the property. So their property doesn't extend much more than three feet in an HOA community. INVESTIGATOR SANTAFEMIA: I don't know. I would have to review the documents for the HOA for Waterways. I don't believe that they are responsible for the maintaining of the landscape. I think they've chosen to do that to keep the property looking good. But I think the homeowners are responsible for cutting their own lawns and stuff. Now, there is a lake in the back that is -- there is an easement obviously around that. But for me to just walk in the back on that property without permission -- MR. MIESZCAK: Well, let me just add to this. You stated that, Page 32 August 28, 2014 you know, they cut their own property. And a lot of HOAs -- and that's included in the person's assessment in a lot of communities. So there must be two different -- you're talking about a gated HOA -- INVESTIGATOR SANTAFEMIA: Yes. MR. MIESZCAK: -- but the owner still does his property. I don't think so. INVESTIGATOR SANTAFEMIA: Actually, I live in a gated community and I cut my own grass. MR. ASHTON: Me too. MR. MIESZCAK: And I live in a gated community and you're not allowed to cut the grass. INVESTIGATOR SANTAFEMIA: It depends on the HOA. MR. MIESZCAK: That was my whole point. MR. L'ESPERANCE: Chairman, I call the question. MR. MIESZCAK: I was always trying to sort that out. MR. LAVINSKI: Let's call the question. ACTING CHAIRMAN LEFEBVRE: One at a time. INVESTIGATOR SANTAFEMIA: Yeah, without reviewing their documents, I couldn't -- MR. MIESZCAK: Thank you, I was just looking for clarification. I just got it, thank you. ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? MR. LAVINSKI: Nay. ACTING CHAIRMAN LEFEBVRE: There's one nay. Thank you very much. Page 33 August 28, 2014 INVESTIGATOR SANTAFEMIA: Thank you. MS. ADAMS: Next case is Number Six, Tab 7, Case CENA-20140009754, St. George Group GRD Corporation. ACTING CHAIRMAN LEFEBVRE: I'm going to recuse myself in this case and Lionel is going to take over for this case. I have some business dealings with this particular owner. MR. L'ESPERANCE: Very good. Mr. Jones? (Investigator Jones was duly sworn.) INVESTIGATOR JONES: Good morning. For the record, David Jones, Collier County Code Enforcement. This case is in reference to Case No. CENA20140009754 in reference to Collier County Code of Laws and Ordinances, Chapter 54-185, Section D. Description of the violation is: Prohibited exotic vegetation located upon an unimproved property within a 200-foot radius of an improved property. The violation location has no site address because it is an unimproved parcel. The Folio Number for it is 400246503. Notice was given on May 30th, 2014. I would now like to present case evidence in the following exhibits, which is just one plain photo of the exotics on the property. MR. L'ESPERANCE: Do we have a motion to accept? MR. LAVINSKI: Motion to accept. MR. ASHTON: Second. MR. L'ESPERANCE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Any nays? Page 34 August 28, 2014 (No response.) MR. L'ESPERANCE: Passes. Go ahead. INVESTIGATOR JONES: Of course this is one of those photos where it's difficult to differentiate exactly what the species are. But there are large ear leaf acacia trees on the unimproved property, as well as Brazilian pepper. I believe the root of the complaint was due to the fact that these trees are hanging over the fence line next to Calusa Elementary School. Now, as far as the details of the case, on May 16th, 2014 I responded to a complaint regarding the prohibited exotic vegetation on this unimproved parcel, which is adjacent to Calusa Elementary School. While on-site I did observe large prohibited exotic trees, as I mentioned, hanging over the fence. A Notice of Violation was then issued on May 30th, 2014 to St. George Group Corp. out of Coral Gables, Florida. I attempted to also make contact with an inactive registered agent as it was listed in Sunbiz, someone by the name of Armondo Bucelo. I left several messages and sent a fax to the law firm of Armondo Bucelo but did not make contact. I was finally able to make contact with this gentleman, Mr. Bucelo, on June 22nd, 2014 by calling his law firm once more. Mr. Butelo stated that he will have the violation abated immediately by a contractor. After that we did correspond briefly via email. And at my reinspecs, I noticed that nothing was being done, so I sent an email to Mr. Bucelo on August 21st, 2014, requesting an update, and I have not heard back from him. The violation does remain to date. MR. L'ESPERANCE: When was that date that you had an opportunity to speak with him? Page 35 August 28, 2014 INVESTIGATOR JONES: July 22nd, 2014. MR. L'ESPERANCE: So he had a month in between you speaking with him? INVESTIGATOR JONES: He did. You know, and according to what he stated to me, he was in the process of hiring somebody, he's in a different location, he's doing it all over the phone. So I wanted to give him some time to get the ball rolling. I haven't heard anything back. That's what brings us here today. MR. ASHTON: Make a motion the violation exists. MR. MIESZCAK: I'll second. MR. L'ESPERANCE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Would you like to give it a stab -- oh, go ahead, your recommendation, first. INVESTIGATOR JONES: Sure. Recommendations are that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$64.39 incurred in the prosecution of this case within 30 days and abate all violations by: Must obtain any necessary permits, inspections and certificate of completion for the removal of all Collier County prohibited exotic vegetation. The prohibited exotic vegetation base/stump must be treated with an U.S. environmental protection agency approved herbicide, and visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains. This order of the board shall be completed within blank days of this hearing on a fine of blank dollars a day will be imposed until the violation is abated. Page 36 August 28, 2014 And finally, 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. MR. L'ESPERANCE: I do have one question. How large is this property? INVESTIGATOR JONES: I will tell you. The property itself-- just give me one moment, I'm going to pull up my Property Appraiser -- I believe the property itself, it's over an acre in size. I think it's about 1 .2, 1.3 acres in size. MR. L'ESPERANCE: The next question is will the respondent be required to treat only the property that's affecting the property line between them and the school, or the entire lot? INVESTIGATOR JONES: I can tell you this, since I've had no communication with this particular respondent. At this point they are required to follow the full ordinance, which is all prohibited exotics within a 200-foot radius of any improved property. Would it encompass this whole property? Probably so, because it's bordered on both sides by improved areas. MR. L'ESPERANCE: Thank you. Would you like to give it a -- MR. LAVINSKI: I'll give it a shot. MR. L'ESPERANCE: Go ahead. MR. LAVINSKI: I make a motion that the operational costs of 64.39 be a paid in 30 days; that the violation be abated within 30 days or a violation of$100 per day be assessed. MR. MIESZCAK: I'll second the motion. MR. L'ESPERANCE: We have a motion and second. Discussion? Page 37 August 28, 2014 MR. ASHTON: I'd like to make an amendment that it goes to 150, because it seems like they haven't been doing anything. Put a little more pressure on them. MR. L'ESPERANCE: Will you amend your -- MR. LAVINSKI: I would accept 150, yes. MR. L'ESPERANCE: We have a motion and we have a second. Any further discussion? (No response.) MR. L'ESPERANCE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Any declining to agree? (No response.) MR. L'ESPERANCE: Motion passes. INVESTIGATOR JONES: Okay, thank you. MR. L'ESPERANCE: Thank you very much, Mr. Jones. MS. ADAMS: Next case is Number Nine, Tab 10, Case CEPM20140005585, Eli Wallen and Dannie Devol. (Investigator Santafemia was duly sworn.) INVESTIGATOR SANTAFEMIA: Good morning. For the record, John Santafemia, Property Maintenance and Housing Inspector for Collier County Code Enforcement. This matter is in reference to Code Case No. CEPN20140005585, relative to the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article six, Section 22-231, subsection (12)(N). Description of violation: Is wooden fence in disrepair. Violation location is: 707 94th Avenue North, Naples, Florida. Page 38 August 28, 2014 Folio No. 62766360006. Notice was given on March 18th, 2014 by posting a location at 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. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Details of this case are as follows: On March 18th, 2014 this case was brought to our attention by a concerned neighbor. On March 24th, 2014 the case was turned over to me by the area investigator for follow-up investigation. During my initial investigation I observed that the wooden fence along the east side property line was in disrepair. I prepared a violation notice which was mailed to the owner and posted at the location and courthouse. Research of the property history revealed that there were no foreclosure filings. However, since the property appeared vacant and Page 39 August 28, 2014 abandoned I reached out to the mortgage lender for -- mortgage lender of record for assistance. On June 18, 2014, I received an email from the lender advising they would not be able to assist at this time. And subsequent site visits revealed the condition of the fence was unchanged. The case was prepared and submitted for the Code Enforcement Board hearing process and a final inspection was completed on August 26th, 2014 which revealed the violation remained. MR. LAVINSKI: Did the lender say why they couldn't participate? INVESTIGATOR SANTAFEMIA: They didn't show it as an active foreclosure. They didn't have any foreclosure filing against it. I was just hoping that they would step up. MR. ASHTON: Is anyone living in the home? INVESTIGATOR SANTAFEMIA: Not to my knowledge. It appears vacant and abandoned, which -- MR. ASHTON: That picture of the soffit and fascia looks like it's all in disrepair too on that house. That's why I was wondering, because it's -- you can see where it -- INVESTIGATOR SANTAFEMIA: That's just mold. That's mildew. MR. ASHTON: Mildew? INVESTIGATOR SANTAFEMIA: Yeah, it's running off the roof. There's no gutter so it's just -- MR. ASHTON: Okay. It looks like part of it was missing, that's why I thought -- INVESTIGATOR SANTAFEMIA: No, it's mildew. MR. ASHTON: Yeah, that's what I thought was missing. Okay. MR. LAVINSKI: Make a motion a violation exists. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? Page 40 August 28, 2014 (No response.) ACTING CHAIRMAN LEFEBVRE: In all those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Recommendation? INVESTIGATOR SANTAFEMIA: County recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$63.57 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining any and all required Collier County permits, inspections through the certificate of completion and repair or remove wooden fence in accordance with the Florida Building Code within blank days of this hearing or a fine of blank will be imposed for each day the violation continues. Number two: 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. MR. ASHTON: I'll make a motion that the operation cost of 63.57 be paid within 30 days and the fence is either repaired or Page 41 August 28, 2014 removed within 30 days or a fine of$100 a day imposed. MR. MIESZCAK: I'll second the motion. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. MS. ADAMS: The next case is Number 11, Tab 12, Case CESD20140006864, Jeffrey Gallucci, Deborah L. Gallucci and Mary Stevens. (Investigator Patterson was duly sworn.) INVESTIGATOR PATTERSON: Good morning. For the record, Sherry Patterson, Senior Investigator, Collier County Code Enforcement. This is in reference to Case No. CESD20140006864, dealing with violations of ordinance the 2010 Florida Building Code, Chapter One, Scope and Administration, Part One Scope and Application, Section 105.1 required. And the Collier County Land Development Code 04-41, as amended, Building and Land Alterations. Section 10.02.06(B)(1)(a). The description of the violation is: A fence installed without required permits, a lanai added to a mobile home without required permits and a shed installed without the required permits. The violation is located at 39 Henderson Drive. The folio is Page 42 August 28, 2014 49580760009. Notice was given on May 6th, 2014. I would now like to present case evidence in the following exhibits. MR. ASHTON: Make a motion to accept the exhibits. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR PATTERSON: Exhibit A -- there's two exhibits, A and B. The first one is going to be Exhibit A. These are two photos that were taken by myself on April 9th, 2014. Exhibit A shows the front of the mobile home with the unpermitted addition to the right, this area right here. And Exhibit B will show the unpermitted fence that's in the right rear, which is in this area here. That's a PVC and a chain link fence. Exhibit C. So we're going to talk about the actual unpermitted shed in the rear. This is an aerial photograph from 2009 from the Collier County Property Appraiser's website. I've circled the subject area in the left rear of the yard to show that there's no evidence of a shed in that location in 2009. Exhibit D: This is a 2010 aerial photograph from the Collier County Appraiser's website. And it confirms that the shed was present Page 43 August 28, 2014 in 2010. If you look at the left rear of the yard inside the circled area, that is the shed. Exhibit E: 2014 aerial is evidence that the shed still exists today. On April 8th, 2014 I met with property owner Deborah Gallucci to discuss code complaints regarding an unpermitted lanai addition, unpermitted fence and unpermitted shed at 39 Henderson Drive, the owner's residence. Ms. Gallucci was advised that the complaints were currently under investigation and that research was being conducted to verify the validity of the complaints. She stated that the lanai addition was there when she purchased the home in 1994 and claimed that no further alterations had been made. She alleged that the fence was installed in 1994. She admitted that there is no permit for the shed. On April 9th, 2014 research was completed and no record of any permits were found for the addition, the shed or the fence. A code case violation determination checklist was submitted to the Collier County Building Official, Jonathan Walsh, on July 16th, 2014 by code enforcement. The violation determination was returned and the Collier County Building Official determined that a violation exists for all three events, and confirmed a permit is required for the fence, the shed and the lanai and that they all shall be three separate permits, and the Building Official's note states that the fence and the shed can be permitted as new; however, the lanai shall require a permit by affidavit from a design professional. I contacted Ms. Gallucci to advise no per -- records were ever found for any of the subjects and that all required permits must be obtained. I recommended that she contact the Collier County Building Department for assistance with the permitting process and provided the name and contact information for Code Enforcement Project Coordinator and the Building Department. Page 44 August 28, 2014 Ms. Gallucci said that she had a survey showing the chain link fence that was installed in 1994 and that the white PVC fence panels were added later for privacy. Compliance date was June 4th, 2014, and a recheck on June 5th, 2014 revealed no permits had been obtained. I contacted Ms. Gallucci to advise that the case would be prepared for the Collier County Code Enforcement Board hearing, and as of yesterday I did a reinspection and it reveals that all the violations remain. ACTING CHAIRMAN LEFEBVRE: Is there any way from the GIS maps to see when the lanai was added? INVESTIGATOR PATTERSON: I guess as far back as I went I could see that the lanai was there. I can't answer, you know, if I went back to, I don't know, 1998 or whatever. ACTING CHAIRMAN LEFEBVRE: As far as back as you -- INVESTIGATOR PATTERSON: As far as back as I went that I could see it was there. ACTING CHAIRMAN LEFEBVRE: Any -- MR. ASHTON: Make a motion a violation exists. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 45 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR PATTERSON: Thank you. So the recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 63.57 incurred in the prosecution of this case within 30 days and abate all violations by: Number one, obtaining all required Collier County building permits, required inspections and certificate of completion and/or occupancy. Alternatively, must obtain all required Collier County demolition permits, required inspections and certificate of completion to remove all unpermitted structures, accessory structures/improvements and/or alterations within X amount of days of this hearing or a fine of X 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 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 and order and all -- of this order and all costs of abatement shall be assessed to the property owner. ACTING CHAIRMAN LEFEBVRE: Would anyone like to take a stab at this? MR. ASHTON: I'll make a motion that the operational cost of 63.57 be paid within 30 days, that all permits required by the county be obtained within 30 days or $500 a day be imposed. ACTING CHAIRMAN LEFEBVRE: I think 30 days is -- it's going to take a lot longer than that. Because there's going to have to be a permit by affidavit on the lanai, the shed. MR. ASHTON: You want to extend it to 90 days? ACTING CHAIRMAN LEFEBVRE: I think 90 would be more Page 46 August 28, 2014 reasonable. MR. ASHTON: 90 days, $100 a day fine. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. MIESZCAK: I second that. MR. MARINO: Second that. MS. RAWSON: Did you change that to 100? MR. MIESZCAK: Yes. MR. ASHTON: Yes. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR PATTERSON: Thank you. ACTING CHAIRMAN LEFEBVRE: Thank you very much. MS. ADAMS: The next case is No. 12, Tab 13, Case CEPM20140006853, Millers Park Estates LLC. (Tracey Dewrell and Investigator Santafemia were duly sworn.) INVESTIGATOR 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. CEPM20140006853, relative to the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article six, Section 22-231, Page 47 August 28, 2014 Subsections (11), (12.B), (12)(D), (12)(C) and (12)(I). Description of violations are: Electrical panel box missing approved NEC cover, exposing wires, exterior wood siding, rotting. Metal wire over windows restricting ingress and egress. Roof in disrepair and leaking. And broken and boarded windows. Violation location: Is 118 North 6th Street, Immokalee, Florida. Folio No. is 60183200000. Notice was given on April 16th, 2014 by posting at location of violation, in the Immokalee Courthouse, in addition to certified and first class mailing. At this time I'd like to present evidence in the following manner: 12 photographs which he has not seen yet. ACTING CHAIRMAN LEFEBVRE: Would you please show it to him. MR. DEWRELL: No objection. MR. MIESZCAK: Motion to accept the 12 photos. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Details of this case are as follows: On April 10th, 2014 I responded to a complaint of minimum Page 48 August 28, 2014 housing violation reported by a tenant at this location. Upon my arrival I found that the complainant was not at home. And when I contacted him, he stated due to fear of eviction he decided to withdrawal his complaint. However, while on site I did observe numerous violations which were visible from the driveway. I obtained photos of the violations and prepared a violation notice, which was mailed to the owner. On May 19, 2014 I was contacted by the owner who reported that they had begun to address the violations; however, requested additional time to obtain estimates for roof replacement. On June 10, 2014 I completed a reinspection and noted that all the violations remained. I spoke with the owner who stated she was advised by the property manager that the violations were abated. On July 14th, 2014 I completed another reinspection and found that the violations still remained. At this time I prepared the case for the CEB hearing process. A final inspection was completed on August 27th, 2014, yesterday, which revealed all the violations remained except the ingress and egress violation under Subsection (12)(D). I also found that -- that is actually a picture. It's a little fuzzy because of the distance, but that's an electrical panel with exposed wires. And yesterday's inspection revealed that this is what -- this is what was there yesterday, which is actually a piece of particle board painted blue, which is not an approved national electrical code cover. So that's not sufficient. Their attorney had stated that that cover was replaced yesterday, apparently after I had been there, so -- ACTING CHAIRMAN LEFEBVRE: Can you state your name? MR. DEWRELL: Yeah, good morning. For the record, Tracey Dewrell, for the owner Millers Park Estates LLC. Collier County conveyed this property to us by tax deed. This Page 49 August 28, 2014 was the condition that the property was in whenever it was conveyed to us. We know that it needs repairs. We're in the process of making repairs. As you can tell, there's a substantial number of repairs that needs to be made, and due to the gravity of the amount of repairs that need to be made we're requesting an extension. We thought that we received an extension. Most of these repairs have been made that's been pointed out. All of the boarding of the windows are gone, the wire on the windows are gone. The electrical panel has been replaced with the face plate that's approved for that particular electrical panel. But the roof needs total replacement. There's a substantial amount of rotten wood that needs to be replaced, and that's just not something that we can do within, you know, a short period of time. So we're requesting 180 days. ACTING CHAIRMAN LEFEBVRE: When did you receive this through tax deed? MR. DEWRELL: 2013. Late 2013, I believe. ACTING CHAIRMAN LEFEBVRE: In January, 2013? MR. DEWRELL: No, I don't know exactly what the date was. ACTING CHAIRMAN LEFEBVRE: It says there's a quitclaim deed on the 31st of January, 2013 from Tracey Dewrell. And Mara. And then transferred to Millers Park Estates LLC. MR. DEWRELL: Okay. ACTING CHAIRMAN LEFEBVRE: So that was -- MR. DEWRELL: That quitclaim deed would have been filed right after the tax deed. ACTING CHAIRMAN LEFEBVRE: So you've owned this property since basically January, 2013, so over a year and a half. MR. DEWRELL: Right, right. ACTING CHAIRMAN LEFEBVRE: And received in that condition. Page 50 August 28, 2014 MR. DEWRELL: Right. And normally whenever these properties are reverted back to us by tax deed we get in and we make these repairs right away. But in this particular instance we asked the tenants to leave so that we could get in there and make these repairs, and the tenants did not want to leave. They want to stay in the property. So it was our plan to wait until the tenants vacated the premise, then we were going to get in there and make the repairs. But because the tenants want to stay in there we have to get it done while they're there. ACTING CHAIRMAN LEFEBVRE: Okay. It doesn't take a year and a half to evict a tenant. MR. DEWRELL: Well, if the tenant wants to stay, we were going to let the tenant stay and then just make the repairs whenever the tenant voluntarily left. I mean, they're paying rent right now, so we weren't going to push the issue until they left. ACTING CHAIRMAN LEFEBVRE: Any other questions from the board? MR. MIESZCAK: It's occupied now, right? MR. DEWRELL: Yes, sir. MR. MIESZCAK: You don't think it's a safety issue? MR. DEWRELL: I definitely think that it was a safety issue with wiring on the windows. Clearly a safety issue. That's been repaired. With the electrical wires exposed, that was a safety issue. That's been repaired. I think we've addressed all the safety issues. I mean, what we have left is the roof that needs to be replaced and the rotten wood that needs to be repaired . MR. ASHTON: Is the roof leaking? MR. DEWRELL: The roof is leaking. MR. ASHTON: And you have people living in there. MR. DEWRELL: Yes. And we're in the course of making those Page 51 August 28, 2014 repairs. ACTING CHAIRMAN LEFEBVRE: I understand. MR. DEWRELL: But we're at the mercy of Immokalee contractors, you know. ACTING CHAIRMAN LEFEBVRE: It's a year and a half now. MR. DEWRELL: Well, we weren't put on notice that the roof was leaking until we got these code enforcement violations. ACTING CHAIRMAN LEFEBVRE: In your testimony you stated that upon taking possession of the property this is the condition it's been in. MR. DEWRELL: Yes. ACTING CHAIRMAN LEFEBVRE: So obviously the roof was leaking back a year and a half ago. MR. DEWRELL: I mean, all we can do is a drive by. We can only see what's outside. We didn't go inside that unit. The tenant says that they want to stay in the unit, we didn't go inside and inspect it so we didn't know that the roof was leaking. ACTING CHAIRMAN LEFEBVRE: You also have the authority to go in a unit with 24 hours notice if it's not an emergency. If it's an emergency you can go in there immediately. So I don't understand why it's taken a year and a half to get to this point. And you've been -- you were noticed by Code Enforcement on April 10th, which was basically four and a half months ago. So. Any other questions or motions from -- MR. MARINO: Just the roof leaking and everything else, you've got water going in there, you've got reasons to cause mold and everything else. It's definitely not a safe condition. MR. MIESZCAK: I make a motion a violation exists. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) Page 52 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: In all those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Recommendation, please. INVESTIGATOR SANTAFEMIA: County recommendation is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of$63.29 incurred in the prosecution of this case within 30 days and abate all violations by: One, covering the electric panel box with an NEC approved cover and eliminate all exposed wiring; repair and replace all rotting wood siding; remove wire from windows; repair or replace roof to make safe and watertight; repair or replace all broken windows, making same operable 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 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 violations using any method to bring the violations into compliance and may use the assistance of Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MR. MARINO: Let me go back a little bit. We have people living in this property, in this house? MR. DEWRELL: We do. Page 53 August 28, 2014 MR. MARINO: It's getting rained on, water's leaking, unsafe conditions. I don't know. ACTING CHAIRMAN LEFEBVRE: That hasn't -- MR. DEWRELL: There's nobody living in there. There's one portion of the roof that has a flat roof where it's leaking. The whole roof needs to be repaired because of all the rotten wood. So the overwhelming majority of the house doesn't have any leaks. MR. MARINO: There's nobody living -- MR. DEWRELL: Nobody disputes -- MR. MARINO: Nobody living there at all? MR. DEWRELL: No, there are people living there. There's not people living in the particular portion where it's leaking where the flat roof is. MR. MARINO: You still got a health issue. ACTING CHAIRMAN LEFEBVRE: All right, would someone like to make a motion? MR. LAVINSKI: Yeah, I'd like to make a motion, but I've got a little bit of a heartburn here with the -- there's some safety issues mixed in with some other replacing the roof type issues, which aren't directly a place where somebody could get electrocuted tomorrow or today. ACTING CHAIRMAN LEFEBVRE: Well, why don't you separate them out, the safety issues, give a time frame to get that corrected and then go ahead and replacing the roof for a non-safety. MR. LAVINSKI: Okay, I make a motion that the operational cost of 63.29 be paid within 30 days, and that any safety issues such as the cover over the box, broken windows, anything that might be related to safety or direct health issue, be repaired within 15 days or a fine of $250 a day. And the other issues of soffits, roof, be repaired within 120 days or a fine of $200 per day. MR. ASIHTON: Second. Page 54 August 28, 2014 MR. L'ESPERANCE: I'll second that. ACTING CHAIRMAN LEFEBVRE: Before we move forward, Jean? MS. RAWSON: Yes. ACTING CHAIRMAN LEFEBVRE: Is that clear enough? MS. RAWSON: Not really. ACTING CHAIRMAN LEFEBVRE: Well, I want to make it clear. MS. RAWSON: When you say all safety issues within 15 days, do you want me to specify what safety issues so that he'll know what has to be done within 15 days, and then what has to be done within 12 days, so that we make the order perfectly clear? ACTING CHAIRMAN LEFEBVRE: Yes. MR. LAVINSKI: Yeah, I guess we can single out the electrical wiring, wire from the windows. Some of these may have already been done. Replace broken windows, make them operable. And I guess that's directly the safety issues I'm concerned about. You know, the roofing leak -- roof leaks are going to give us mold and that which is a health and safety issue, but I think that those four would be sufficient to pull out into the short term. ACTING CHAIRMAN LEFEBVRE: And then now on the flip side, the one for 120 days and the $200 fine, can you specify which ones are those? MR. LAVINSKI: Well, that would be -- ACTING CHAIRMAN LEFEBVRE: Anything else, but I just want it to be specific so the respondent is clear what is the 15-day period and what is the hundred days. MR. LAVINSKI: Okay, the rotting wood siding would come under that. Repair of the roof to make it watertight. And I think I saw soffits somewhere in there, siding. Wood siding, yeah, would come under -- Page 55 August 28, 2014 MR. MARINO: How much time are you giving the roof? MR. LAVINSKI: 120 days. MR. MARINO: You've got a serious health problem there. Anybody living in there, whether they have C.O.P.D. or anything else like that, you've got a definite problem with mold and everything else. I would not give them 120 days on that. ACTING CHAIRMAN LEFEBVRE: The respondent stated in his testimony that the roof that is leaking -- the investigator has not gained access to the property, correct? You have not gained access to the property, correct? INVESTIGATOR SANTAFEMIA: No. I was made aware of the roof actually leaking in the rear unit. The woman -- when I was in the driveway, the woman came out of that unit and did tell me that her roof was leaking. And if I may just -- they touched on it briefly that they thought they had an extension. I just want to interject a little more information. ACTING CHAIRMAN LEFEBVRE: That's kind of irrelevant at this point because we're down the road to making -- we already have a INVESTIGATOR SANTAFEMIA: Okay. ACTING CHAIRMAN LEFEBVRE: We're almost there, so -- the respondent stated in his testimony -- have you gained entry to the unit? MR. DEWRELL: I mean, I've -- they've -- the tenants have let me in to see where the roof is leaking, and they allowed access to the vendors who have quoted me on the roof, to write an estimate for the roof. ACTING CHAIRMAN LEFEBVRE: Your testimony earlier said that the flat roof was leaking but nowhere is the roof leaking where there's tenants in place. MR. DEWRELL: I'm just going off of what they've told me. I Page 56 August 28, 2014 haven't inspected it myself. ACTING CHAIRMAN LEFEBVRE: You have not been in the unit then. MR. DEWRELL: Correct. ACTING CHAIRMAN LEFEBVRE: I think 120 days for a roof repair, not knowing if it's leaking or not, is an exorbitant amount of time. So I don't know if we can maybe amend that and shorten it up. I think that would be -- and we're in a rainy season. 120 days will be out of the rainy season so I think it's imperative that that roof gets fixed sooner. MR. MARINO: I'd like to say 30 days on it. I mean, they've got to pull permits on it and everything else, so whatever time it takes. But if it's leaking you've got a problem. You've got a hell of a -- MR. DEWRELL: I mean, the problem with that is it's just not possible. Naples general contractors won't go to Immokalee to replace roofs. And contractors that will repair roofs in Immokalee that reside in Immokalee can't get it done that fast. There's just no way. ACTING CHAIRMAN LEFEBVRE: We have cases in Immokalee all the time. I've been on this board for 12 years. There are contractors out -- MR. DEWRELL: I would love to get some recommendations from some contractors -- ACTING CHAIRMAN LEFEBVRE: I can't recommend that. MR. DEWRELL: -- that could do it that fast. ACTING CHAIRMAN LEFEBVRE: But there are plenty of people that have come in front of us with their contractors, plenty over the past 12 years that I've been on the board. So they are out there. I know times are different, it's a little busier, but they're out there. And I think 120 days is much too long. MR. MARINO: I would get on the phone and start calling everybody and get them out there. Page 57 August 28, 2014 MR. LAVINSKI: What I'd like to add then, if I could, Jean. If we could add making the roof watertight, put that in my first segment with the safety and health issues, and that can be as simple as the blue tarp which can last six months as it did in Hurricane Wilma, and leave the roof repair replacement under the 120 days but make the roof watertight in that first segment. ACTING CHAIRMAN LEFEBVRE: I don't think a blue tarp is making it watertight. I think that's a very temporary situation that in a storm it could blow off. I mean, it just -- I think we need to shorten that period. Was there a second on this motion? MR. MIESZCAK: Yes, I think there was. MR. ASHTON: Yes, there was. ACTING CHAIRMAN LEFEBVRE: All right. I think we need to amend it and shorten up the period. MR. MIESZCAK: Are we looking at 60 days? MR. ASHTON: You want to amend it to 60? ACTING CHAIRMAN LEFEBVRE: I would be okay with 60. MR. ASHTON: I'll amend it for 60 days for the roof. MR. MARINO: I'll be all right with 60. ACTING CHAIRMAN LEFEBVRE: Well, the original motion maker has to agree to it. MR. MIESZCAK: I'll withdraw my motion. MR. MARINO: I had said 30 days, but -- MR. LAVINSKI: What do you want, 60 days on the roof and all the other siding and that leave that at 120? ACTING CHAIRMAN LEFEBVRE: No, just keep everything -- MR. ASHTON: Everything the same. MR. LAVINSKI: All right. Change my 120 then to 60 days, Jean? MS. RAWSON: Okay. Page 58 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: So we have a first and we have a second. Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Sir, do you understand the motion that we just made? MR. DEWRELL: I do. ACTING CHAIRMAN LEFEBVRE: Very good. Thank you very much for your time and have a great day. MS. ADAMS: Next Case is Number 13, Tab 14. Case CEPM20140003389, Leslie J. and Lois R. Harvey. (Investigator Santafemia was duly sworn.) ACTING CHAIRMAN LEFEBVRE: Do you need a break? Want to take 10 minutes before we start this case? If you don't mind. Ten-minute recess. Thank you. (Recess.) ACTING CHAIRMAN LEFEBVRE: I'd like to call the Code Enforcement Board back to order. We're going to make one change to the agenda after this case, after the Harvey case. We are going to skip to imposition of fines, number three, our tab number 18, and we're going to hear that case. The person -- she's not the respondent you said, Jeff, right? Page 59 August 28, 2014 MR. WRIGHT: My understanding, she's the representative for the respondent. ACTING CHAIRMAN LEFEBVRE: Okay. She has a little baby and I'd like to try to get her out of here. MR. LAVINSKI: Motion to accept the change. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Motion passes. Thank you. INVESTIGATOR 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. CEPM20140003389, relative to the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-231, subsections (1), (3), (11), (12)(C), (12)(D), (12)(I), (12)(K), (12)(N), (12)(P), 19 and 20. Description of violations: Are no counter work space in kitchen, no water pressure in shower, toilet backs up into unit, no hot water, unsafe electric wiring, fascia in disrepair, numerous inoperable and broken windows, entry door hardware in disrepair, accessory structure in disrepair, interior walls need paint, litter and debris scattered about the property, mold observed inside air conditioning unit, and no smoke Page 60 August 28, 2014 detectors found. Violation location is: 4311 Golden Gate Parkway, Naples Florida. Folio No. 3564752002. Notice was given on March 31st, 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 exhibits: 10 photographs. MR. MIESZCAK: Motion to accept the photographs. MR. MARINO: Second. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: This picture depicts their -- the kitchen that was in this unit. As you can see, there is no as required counter workspace in the kitchen. MR. L'ESPERANCE: This is one of the converted units, or original'? INVESTIGATOR SANTAFEMIA: Pardon me? MR. L'ESPERANCE: Is this one of the converted units or one of the original? Page 61 August 28, 2014 INVESTIGATOR SANTAFEMIA: I believe the entire structure was converted, but that's the case you're going to hear right after me. MR. L'ESPERANCE: Thank you. INVESTIGATOR SANTAFEMIA: This is the example of the fascia board that's around the structure. That's the picture of the electrical wiring along the side of the structure. Again, that's another picture of wiring issues. MR. MARINO: All kinds of violations. INVESTIGATOR SANTAFEMIA: Those windows are -- there's no glass in those windows and they're boarded. That's the entry door into this unit. The door handle, the hardware doesn't latch. That's the door with the door handle. You see there's no mechanism in the door. That's one of the old window cranks on the jalousie windows. The crank mechanism is actually missing the handle, so the tenant can't even open or close that window. That's a doorway on the inside of the unit that has been sealed off. That actually goes into the neighboring unit. That's a toilet. The septic or sewer system, the wastewater system is backing up into the unit. ACTING CHAIRMAN LEFEBVRE: Is that it for pictures? INVESTIGATOR SANTAFEMIA: Well, details of this case are as follows: On February 26th, 2014 I responded to a complaint of minimum housing violations. I responded at the location and completed an inspection of unit A, observing numerous violations. On March 3rd, 2014 I prepared the violation notice, along with a detailed inspection report, which was mailed to the owner both certified and first class mailing. Page 62 August 28, 2014 Additional research revealed the property was in the foreclosure process, therefore I sent an email to the lender advising of violations. Subsequent reinspections revealed no attempts to abate the violation had been made by the owner and I have not received any response from the servicer. On March 31st, 2014 I posted the property and the courthouse in response to the mailing being returned unclaimed. On July 17th, 2014 I contacted the complainant and reported no action been taken to abate the violations. However, he no longer lived at that location. The case was then prepared for the Code Enforcement Board hearing process. The final inspection was performed on August 26th, 2014 revealing no apparent change in the conditions. MR. LAVINSKI: You say that's occupied? INVESTIGATOR SANTAFEMIA: It was at the time of my inspection. There are I believe four units at this location. The only one that I had access to was unit A and it was occupied at the time. I believe one or two of the other units were occupied at that time also. MR. MARINO: What is the condition of the whole building? INVESTIGATOR SANTAFEMIA: It's deteriorating daily. You know, structurally it's sound, but it has been -- like I said, you're going to hear shortly that it has been converted into more units than I believe it was permitted for. But it's a block building, the roof looks sound except for the fascia soffit kind of stuff. MR. MARINO: Grounds around it, what do they look like? INVESTIGATOR SANTAFEMIA: There was a lot of litter and debris that's -- and they were cited for that in the notice. Just litter and debris all around. Grass is getting kind of high. The accessory structure is in disrepair though too. MR. MIESZCAK: Motion a violation exists. Page 63 August 28, 2014 MR. ASHTON: Second. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: County recommendations are that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$65.49 incurred in the prosecution of this case within 30 days and abate all violation by: One, correct all described minimum housing violations in accordance with the Collier County Property Maintenance and Housing Code within blank days of this hearing or a fine of blank will be imposed for each day any violation remains. Number two: 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 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. ACTING CHAIRMAN LEFEBVRE: Any questions? (No response.) Page 64 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Someone like to fill in the blanks? MR. MIESZCAK: Motion that the respondent pay $65.49 operational costs within 30 days. Abate all within 30 days or a fine of $200 a day. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. ASHTON: Second. MR. MARINO: I'll second that. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR SANTAFEMIA: Thank you. ACTING CHAIRMAN LEFEBVRE: Okay, we're going to jump to our tab number 18, which is Dukens Pierre. MS. ADAMS: It's Number Three, Tab 18, Case CESD20130006038, Dukens Pierre. (Ms. Carla Perez and Investigator Davidson were duly sworn.) MS. PEREZ: Carla. I'm his girlfriend. I brought a letter by him. INVESTIGATOR DAVIDSON: For the record, Colleen Davidson, Collier County Code Enforcement. The property owner submitted a letter requesting an extension that was given to us this morning. Page 65 August 28, 2014 MR. ASHTON: Have the previous operational costs been paid? INVESTIGATOR DAVIDSON: Yes, they have been. ACTING CHAIRMAN LEFEBVRE: For both cases? MR. ASHTON: There was one that was not paid, the 63.14. Has that been paid? MS. ADAMS: It has not. MR. ASHTON: Has not. This goes back to September, 2013? ACTING CHAIRMAN LEFEBVRE: Yes, that's correct. Ms. Perez, typically this board does not grant extensions when the operational costs have not been paid. The original operational costs of 81 .43 have been paid, but then there was an additional operational cost which occurred when your boyfriend came in or we granted him an extension previously. MS. PEREZ: Okay. ACTING CHAIRMAN LEFEBVRE: That's not been paid. MS. PEREZ: Okay. ACTING CHAIRMAN LEFEBVRE: We again do not typically extend -- give an extension if these have not been paid. Do you have the ability -- if we do grant an extension, do you have the ability to pay that amount, which is 63.14, and then today's operational cost of 63.57? MS. PEREZ: I could give him a call and see if he authorizes me to put it on the credit card, if it's taken. ACTING CHAIRMAN LEFEBVRE: Well, all right. MS. PEREZ: Or by check, if I have to give a check. But it will have my name and I can put the property address on it. ACTING CHAIRMAN LEFEBVRE: Right, that would be fine. I guess the board could ask questions regarding this at this point. MR. MIESZCAK: Well, we do have one extension already of 180 days. Page 66 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: That's correct. We're going on almost a year now on this. What is the reason that this has not been completed? MS. PEREZ: I'm not sure. ACTING CHAIRMAN LEFEBVRE: Okay, that doesn't help much. MR. ASHTON: Am I reading this, all they needed was for the per-- there was a permitting on this lanai. ACTING CHAIRMAN LEFEBVRE: It would probably be permit by affi-- it says permit by affidavit. MR. ASHTON: It's been this long. MS. PEREZ: I informed them this morning. The young lady today me that the permit was expired as of May, so I called him and he said he wasn't aware of that, so he just found that out also today. ACTING CIAIRMAN LEFEBVRE: It says the permit was canceled by the contractor. Do you know when it was canceled? INVESTIGATOR DAVIDSON: It was canceled and then he re-app'd. And it's since expired. ACTING CHAIRMAN LEFEBVRE: Who re-app'd it? Was it the contractor? INVESTIGATOR DAVIDSON: The property owner. ACTING CHAIRMAN LEFEBVRE: Property owner, okay. All right, any further questions by the board or thoughts on this? MR. LAVINSKI: It doesn't appear there's any progress heading in a direction we need to go. So I would make a motion to deny the extension. MR. MIESZCAK: I'd second it. ACTING CHAIRMAN LEFEBVRE: We have a motion and a second. Any further discussion? (No response.) Page 67 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: All those in favor of the denial? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Okay, so now we're going to hear the imposition of fines. INVESTIGATOR DAVIDSON: Violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.6(B)(1)(a), and 10.02.06(B)(1)(e)(i). Location: 4473 18th Place Southwest, Naples, Florida. Folio No. 35758960001. Description: Lanai enclosed without permits. Permit by affidavit PRBD20111005575 was canceled by contractor. Past order: On September 26th, 2013, the Code Enforcement Board issued a Finding of Facts/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4973, Page 2020, for more information. On April 24th, 2014 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 5039, Page 3269 for more information. The violation has not been abated as of August 28th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period between July 24th, 2014 to August 28th, 2014, 36 days, for a total fine amount of$7,200. Fines continue to accrue. Page 68 August 28, 2014 Previously assessed operational costs of$81 .43 have been paid. Previously assessed operational cost of$63.14 have not been paid. Operational costs for today's hearing, $63.57. Total amount to date, $7,326.71. MR. MIESZCAK: Motion to impose the fine. MR. LAVINSKI: Second. ACTING CHARMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Just to let you know also, what we tell people that come in front of us, if you can't get something fixed in a time frame, come back to us, which your boyfriend did. But then this time it looks like he had until the 24th of July and now it's August, what, 28th that you're in front of us. So a month past the time to ask for an extension. So unfortunately we imposed the fines and it still needs to be corrected. MS. PEREZ: Do I get a paper with the amounts or something so I can bring it back to him? ACTING CHAIRMAN LEFEBVRE: You will have something INVESTIGATOR DAVIDSON: We can give her a copy. ACTING CHAIRMAN LEFEBVRE: Very good. Okay, thank Page 69 August 28, 2014 you. All right, we're going to go back to tab 15, the Harvey -- MS. ADAMS: Next case is Number 14, Tab 15, Case CESD20140004100, Leslie J. and Lois R. Harvey. (Investigator Davidson was duly sworn.) INVESTIGATOR DAVIDSON: Good morning. For the record, Colleen Davidson, Collier County Code Enforcement. This is in reference to Case No. CESD20140004100, dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e), converted duplex into quadplex without proper permits. Located at 4311 Golden Gate Parkway, Naples, Florida. Folio No. 35647520002. Notice was given on March 12th, 2014. I would now like to present case evidence in the following exhibits: Five pictures taken August 27th, 2014. MR. MIESZCAK: Motion to accept the photos. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR DAVIDSON: On February 27th, 2014, Page 70 August 28, 2014 Investigator Santafemia was on-site for property maintenance violations and observed the duplex was converted. After further research no permits were pulled to convert duplex into quadplex. There has been no contact with the property owners and no response from the bank. As of today no permits haves been applied for. ACTING CHAIRMAN LEFEBVRE: How many units are allowed on this property? INVESTIGATOR DAVIDSON: Two. And there's four. MR. ASHTON: Make a motion a violation exists. MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Recommendation, please. INVESTIGATOR DAVIDSON: The Code Enforcement Board orders the respondent to pay all operational costs in the amount of $63.57 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permit or demolition permit, inspections and certificate of completion/occupancy within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated. Page 71 August 28, 2014 Two, 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. MR. ASHTON: I have a question. You said that only two units were allowed and there are four, so they would have to convert this back to two units? INVESTIGATOR DAVIDSON: They have the option of getting a permit, because they can have -- it's multi-family, less than 10 units. So if they wanted to keep it a quadplex, they would just have to go through the proper permitting. MR. ASHTON: They are allowed to keep four if they get the proper permitting? INVESTIGATOR DAVIDSON: If they get the proper permitting. They are zoned -- they have the capability where they're zoned to have four units. Anything less than 10. MR. ASHTON: Make a motion that the operational cost of 63.57 be paid within 30 days and all permits to be obtained within 45 days or a fine of $150 a day. MR. MIESZCAK: How much a day? MR. ASHTON: 150. ACTING CHAIRMAN LEFEBVRE: Do I have a second? MR. MIESZCAK: I'll second the motion. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. Page 72 August 28, 2014 MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Thank you very much. The next one is an emergency hearing, if I'm not mistaken. MS. ADAMS: Correct. Case 15, CEPM20140011631, RT Berger, Sr. Revocable Trust Estate. (Supervisor Letourneau was duly sworn.) SUPERVISOR LETOURNEAU: Good morning. For the record, Jeff Letourneau, Collier County Code Enforcement. This is in reference to Case No. CEPM20140011631, dealing with the violation of the Collier County Code of Laws and Ordinances, Article 6, the Property Maintenance Code, Section 22-228, Subsection (1). Violation description: Is the owners of this golf course, formerly the Evergreen Golf and Country Club, have failed to maintain the required drainage system, specifically ditches number one and number two, and lake number four as outlined in the Lakewood Outfall and Surface Water Drainage System Agreement, OR 2732, Page 3156. This has caused a dangerous flooding condition in the surrounding area. Violation location: Is 4710 Lakewood Boulevard, Naples, Florida, 34112. Folio No. 54000160006. Notice was given on August 18th, 2014. I would now like to present case evidence in the following exhibits: Three pictures taken by myself on August 19th, 2014; one Page 73 August 28, 2014 picture taken by myself on August 27th, 2014; one letter sent to both the current and former property owners dated July 15th, 2014; eight pages from the Lakewood Outfall System and Surface Water Drainage System Agreement, OR 2732, Page 3156; and an aerial picture obtained from the Property Appraiser's Office. MR. MIESZCAK: Motion to accept. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. SUPERVISOR LETOURNEAU: The County received a complaint on June 16th, 2014 about severe flooding in the Lakewood area, primarily at the end of the cul-de-sac on Charity Court. I'm going to show you some pictures here first. ACTING CHAIRMAN LEFEBVRE: You're trying to get the actual orientation? SUPERVISOR LETOURNEAU: Yeah, I'm trying to get -- maybe it's this way is going to be best here. That's the good part. Okay, this is Charity Court. It runs back through here. And the cul-de-sac ends right here. The area of contention is there's a canal you can barely see that runs along this section right here into what they call a little lake and Page 74 August 28, 2014 then another canal. And it flows into the maintained canal over here which the county maintains. Let me show you another picture. Now, this picture is actually from that agreement that I stated twice already. As you can see, it shows the Charity Court right here, it shows the canal that's supposed to be there, that lake that's there and that second canal, which is ditch one, lake four, ditch two right here. Okay, let me pull that back. Now I'm going to go into the actual outfall agreement. Here's the cover page. This was an agreement between three parties. Collier County was one of the parties, the old Ironwood Golf Club, which was the original golf course owner, and then the -- I believe the homeowners association in Lakewood. And this agreement covered all the outflow canals and lakes into that -- in that region. And everybody had a responsibility to take care of whatever was assigned them in this particular agreement. Now, I'm going to go back and -- if you can see this, it shows that the IGC was the old Ironwood Golf Club, and they were responsible right here. Ironwood Golf Club was responsible for ditch one. They were also responsible for ditch two. And lake four, it says -- right here, lake four, okay. That does show that it was the Transportation Department does own the lake four here. So the original ditch that's running off of Charity Lane is the part that I'm actually most worried about. That's the part that I'm going to show you in the picture here. ACTING CHAIRMAN LEFEBVRE: And so the water from Charity Court probably drains into that ditch -- SUPERVISOR LETOURNEAU: It does. ACTING CHAIRMAN LEFEBVRE: -- goes to the lake that goes to the other ditch that then goes down to the county maintained canal. SUPERVISOR LETOURNEAU: It does. Exactly right. Page 75 August 28, 2014 So I'm going to show you, this is -- let me show you this right here. This is from August 19th. As you can see, I'm looking down Charity Court and you can see the whole end of that area is flooded right now. That's August 19th. And this picture actually shows a closeup of it where the homes right there have to drive through. Everybody's got to walk through or whatever. It's a pretty dangerous situation. This right here is where the -- there's a storm drain right here in the middle of the cul-de-sac. It drains back behind into the golf course into this area. This is that first ditch right here. And the main blockage we believe, and I was told by the road department, was that this huge clump of areca palms is growing in the middle of that into that storm drain right there. So Collier County got involved in this like I said on June 16th, 2014, and the Stormwater Department was also involved. Gerald Kurtz from the Stormwater Department determined that the cause of the flooding was that two of those canals on the old Ironwood Golf Course had become overgrown and blocked the water flow. He's the one that produced this agreement also, signed by the Ironwood Club, the homeowners association in Collier County dealing with the responsibilities of maintaining the water systems in the area. As stated in section four of the agreement, let me put that up real quick, if any party fails or refuses to perform any of its obligations hereunder -- which was to maintain these water canals as listed in Exhibit B which I showed you earlier, the map and the actual grid who showed who was responsible -- any other party or parties may make a formal written demand upon the party for performance. Meaning that Collier County is being one of the agree-ers in this -- hold on one second here. Collier County being one of the members of this agreement could ask any other party of this agreement to straighten out Page 76 August 28, 2014 the canal. So we did send a formal letter as outlined in there, and it said 30 days in that section four. We sent them a letter dated July 15th to have this thing taken care of in 30 days, which would have been I believe August 14th at that point. I sent the letter to the old Ironwood Golf Course, the only member that was left on the corporation in Collier County. I sent it to them and I also sent it to the new property owners. I received no response back from either one of them. So being that this was a dangerous situation, I prepped this case for this hearing. And we posted a notice at the golf course and we posted it at the courthouse. And we actually found one of the old people that had this property transferred over to this trust, we posted • that property yesterday, and I called him on the phone and left him a message and I didn't get anything back from any of these contacts. So after 30 days we prepped it up for this hearing at this point. And that's where we stand. Let me see, I took a picture yesterday. And as you can see, the water has evaporated some because it's rained a little bit less I believe in these last few weeks. However, my fear is that if we get any more heavy rains or a tropical storm moves in here, we could be dealing with water maybe creeping up in these people's houses at this point. I'm not really sure, but it is a dangerous situation due to the mosquitoes and just people that -- look at it, you've got to drive through that. It's a bad situation to the whole neighborhood. And that's where we sit right now. MR. LAVLNSKI: Jeff, this blockage didn't actually happen on June the 1 Ith. Has this been an issue in the past? SUPERVISOR LETOURNEAU: Well, this is the first time we've been notified of it. I think it's probably been just collecting over the years. This golf course has been defunct for years and nobody's Page 77 August 28, 2014 maintained anything on there. And it's just the accumulation of probably stuff getting in that storm drain and those areca palms growing up at the end of that in the canal right there. MR. LAVINSKI: So people have put up with this for two years and now they're finally saying enough's enough? SUPERVISOR LETOURNEAU: Well, I don't know, maybe there was a slight trickle back in the days, but it looks pretty much totally clogged at this point. So there's nothing getting into the canals back there. MR. LAVINSKI: Okay. So the hope of getting Ironwood to do anything is pretty slim, right? SUPERVISOR LETOURNEAU: Well, Ironwood's defunct. It was Evergreen Golf Course for a couple of years and now it's part of a trust, as you see, the Reverend Berger trust. And I don't believe anybody's going to do anything at this point, because nobody's maintaining anything over there. We have another case dealing with the grass over the whole golf course also. ACTING CHAIRMAN LEFEBVRE: Didn't we have a case before? SUPERVISOR LETOURNEAU: We've had cases in the past, yes, before Evergreen took it over. They ran it for a while and they left. And last month there was an auction, I believe they're trying to get rid of it, and they didn't take -- there was a couple of bids from what I read and they didn't take the bids, and that's where we're at right now. MR. LAVINSKI: So as far as looking at an abatement, we're looking at the county to get this done, being realistic. SUPERVISOR LETOURNEAU: Honestly, I'm hoping that we can convince you guys do immediate action. And I have the county road department waiting in the wings right now to go dig that canal out, so that's where we're at. Page 78 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Does this property have a mortgage? SUPERVISOR LETOURNEAU: I don't believe so. I think that from what I read there was a newspaper article on this that somebody -- I believe Mr. Berger, the old man, won the Lotto at one point and then bought this outright. And he died and then the kids got it and then they put it in this trust at that point. So I don't think there's any kind of financial encumbrance, there's no bankruptcies or anything at this time, so they just don't want to deal with it, I believe. ACTING CHAIRMAN LEFEBVRE: So literally the county could place a lien on it. SUPERVISOR LETOURNEAU: That's what we're hoping. We're hoping to convince you guys to let us go in there immediately, dig that canal out there to get these guys some relief, and then whatever the road department has to spend on taking care of this thing, we'll put that as a lien on the property. ACTING CHAIRMAN LEFEBVRE: How long do you think it will take to dig this -- SUPERVISOR LETOURNEAU: I would say that it would take a day. Because we're going to start right where those arecas are, and we're going to see if the water -- and then they're going to blow out that end from the cul-de-sac right there. And if the water flows through, we'll be good to go. We're not going to probably dig the whole thing out, we're just going to alleviate the violation at this time. MR. LAVINSKI: Make a motion a violation exists. MR. MIESZCAK: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. Page 79 August 28, 2014 MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Your recommendation, please. SUPERVISOR LETOURNEAU: This is going to be a little bit different than we normally do. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of$63.29 incurred in the prosecution of this case within 30 days and abate all violations by: Restoring and maintaining the described ditches and lake to their originally permitted condition to allow unimpeded water flow immediately or a fine of blank will be imposed for each day the violation remains. And the reason we're saying immediately is -- ACTING CHAIRMAN LEFEBVRE: Notify -- SUPERVISOR LETOURNEAU: We've already sent the letter. There's a chance if a storm comes in here there could be some severe property damage. And we just want to -- and we feel that they're not going to do anything anyways if we give them any time at this point. MR. MARINO: Do they have any idea how far back that thing is clogged up? Is it from that pond or is it -- SUPERVISOR LETOURNEAU: Well, from what the road department has told me, they feel that if they can just dig that huge clump of areca palms out of that -- in that storm drain and then blow out the cul-de-sac area right there, it's going to alleviate what we got now. Now obviously if it doesn't, we're going to have to dig back Page 80 August 28, 2014 farther, going I believe down south towards that lake and then probably even farther. If it takes the whole way, they're ready to do it I believe at this point. MR. ASHTON: Make a motion that the operational costs of $63.29 be paid within 30 days, the restoration of the ditches and lakes to the original permitted condition, and a fine of$250 a day will be imposed. ACTING CHAIRMAN LEFEBVRE: Now, Jean, immediately -- MR. MIESZCAK: I was going to ask. MS. RAWSON: Yeah, I was going to ask about immediately. You want me to put -- he said one day. MR. MIESZCAK: We should say a date. MS. RAWSON: So do you want me to put it like tomorrow, August 29th? MR. L'ESPERANCE: How long will it take to get the notice to the respondent? ACTING CHAIRMAN LEFEBVRE: Well, I have to sign the orders and everything. But you have no communication with the respondent, right? SUPERVISOR LETOURNEAU: We've had no communication with anybody. ACTING CHAIRMAN LEFEBVRE: So, I mean, even if we have an order, we say seven days. By the time they get the order, or mail it to them, I mean, it's probably not going to be -- MR. MIESZCAK: I would think like you said, it is kind of an emergency situation if you have a rainstorm. I think we're within every right to give one day, are we not? MS. RAWSON: August 29th. MR. MIESZCAK: I give one day -- I recommend one day. MR. ASHTON: Agreed. I'll second that. MR. MIESZCAK: That way we gave them a time frame. Page 81 August 28, 2014 MR. ASHTON: I'll second that. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. You did notice them with a letter and everything already, so there's been ample notice to correct this violation, so -- SUPERVISOR LETOURNEAU: Correct. Thank you. ACTING CHAIRMAN LEFEBVRE: Thank you very much. And then sometime next week you'll have -- SUPERVISOR LETOURNEAU: I'm going to be having a crew out there Monday, to be honest with you. I was hoping for tomorrow, but we gave them a day so we'll be out there on Monday to dig it up. MR. MIESZCAK: It's Labor Day though. SUPERVISOR LETOURNEAU: Oh, no, it's going to be Tuesday. That's right. We'll be out there on Tuesday. ACTING CHAIRMAN LEFEBVRE: I'm glad to see the county's very proactive in a measure like this. And I know some areas, my parents live in Lakewood, and I know one other member here lives in -- or one other person here lives in Lakewood. MR. MIESZCAK: Why can't we do it tomorrow? SUPERVISOR LETOURNEAU: Yeah, I think we've already called the location and everything in anticipation of-- Page 82 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: But I know Lakewood has some low-lying areas. And being when it was built 30 plus years ago the elevations aren't where some new neighborhoods are, so I'm glad to see it's -- SUPERVISOR LETOURNEAU: Imagine driving through that thing every day, you know. ACTING CHAIRMAN LEFEBVRE: No, I can't. Thank you. MS. ADAMS: The next case is from number six, old business, A, Motion for Imposition of Fines/Liens. Number One, Tab 16, Case CESD20130014804. Antone C. Mendes. (Mr. Mendes and Investigator Short were duly sworn.) INVESTIGATOR SHORT: I believe Mr. Mendes would like to comment first. ACTING CHAIRMAN LEFEBVRE: Okay, go ahead. MR. MENDES: It's come to my attention I didn't pay my operational costs last time. I do apologize about that and will take care of both of those things immediately following this meeting. I've been working on this I'll call it a project from last time. We've made progress. I have a paper here from the restaurant owner that we're talking about who put a cooler on the county property and he had to get a permit to put a new slab down to move that cooler to a proper location with proper permitting and everything. We're in the process of that. I have his signed contract here that the slab has been poured down for that and passed inspection. This is his bid to move the cooler to the proper location with permitting and everything. So I just ask for if I can get a continuance. So I think you have an October hearing. Everything should be done by that time. So that's what I ask for at this time. ACTING CHAIRMAN LEFEBVRE: Has a permit been pulled and has he been working diligently to get this violation corrected? Page 83 August 28, 2014 INVESTIGATOR SHORT: For the record, Investigator Eric Short, Collier County Code Enforcement. There was a permit pulled for the concrete slab, like he had mentioned. And that permit's been filed and received a certificate of completion. However, to actually fully abate the violation, move all those materials out of the right-of-way, that has not been done. MR. ASHTON: But the slab has been poured and finaled so they can move everything. INVESTIGATOR SHORT: Correct. ACTING CHAIRMAN LEFEBVRE: Will that require a separate permit to move the items, or no? INVESTIGATOR SHORT: I believe so, for the air conditioning. And there's actually a concrete pad in the county right-of-way from before. The demolition of that may require a permit. ACTING CHAIRMAN LEFEBVRE: Are you aware of that? MR. MENDES: Yes, I am. ACTING CHAIRMAN LEFEBVRE: So you're asking for a 60-day continuance`? MR. MENDES: Please, yes. ACTING CHAIRMAN LEFEBVRE: What is the thoughts of the board? MR. MIESZCAK: The county. MR. LAVINSKI: Eric, do you think that what needs to be done can be done in that 60 days he's looking for? INVESTIGATOR SHORT: I do. I believe that's a reasonable amount of time. MR. LAVINSKI: Okay. I'll make a motion that we extend it 60 days. MR. ASHTON: Second. ACTING CHAIRMAN LEFEBVRE: Any other discussion? MR. MIESZCAK: Subject to that operating cost being paid Page 84 August 28, 2014 today? MR. ASHTON: He said he was going to. MR. MENDES: Yes, sir, I'll take care of that this afternoon. ACTING CHAIRMAN LEFEBVRE: Very good. Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. MR. MENDES: Thank you for your time. ACTING CHAIRMAN LEFEBVRE: And if you're not able to complete it within 60 days, please come in front of us and let us know. MR. MENDES: Absolutely. Thank you. MS. ADAMS: Next case is Number Two, Tab 17, Case CEVR20140004242, Madison Meadows Property Owners Association, Inc. (Supervisor Letourneau was duly sworn.) ACTING CHAIRMAN LEFEBVRE: Go ahead, sir. SUPERVISOR LETOURNEAU: For the record, Kitchell Snow, Collier County Code Enforcement. This is concerning violations of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 3.05.08(C). The location is -- there's no site address but it's in Naples and the Folio is 56320000103. Page 85 August 28, 2014 Description is presence of prohibited exotics, vegetation including but not limited to Brazilian pepper, ear leaf acacia in a conservation/water management area of the Madison Meadows Planned Unit Development PUD. The owner is given the responsibility of exotics maintenance in Plat Book 19, Page 14. Past orders: On May 22nd, 2014 the Code Enforcement Board issued a Finding of Fact/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 5051, Page 798 for more information. The violation has not been abated as of August 28th, 2014. Fines and costs to date are as follows: Fines have occurred (sic) at the rate of$200 per day for the period between July 24th, 2014 to August 28th, 2014, 36 days, for a total fine amount of$7,200. Fines continue to accrue. Previously assessed operational costs of $63.74 have not been paid. Operational costs for today's hearing is $62.47. Total amount to date is $7,326.21 . ACTING CHAIRMAN LEFEBVRE: Just one correction. I think Kitchell said Book 19, Page 4. It's page 14. SUPERVISOR LETOURNEAU: Page 14, okay. ACTING CHAIRMAN LEFEBVRE: Just want to make sure that it's referenced correctly. MR. ASHTON: Make a motion we impose the fine. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. Page 86 August 28, 2014 MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. SUPERVISOR LETOURNEAU: Thank the board. MS. ADAMS: The next case is Number Four, Tab 19, Case CELU20130014576, 925 Cypress, LLC. (Supervisor Letourneau was duly sworn.) SUPERVISOR LETOURNEAU: Once again for the record, Jeff Letourneau, Collier County Code Enforcement. The violation was of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 2.02.03, prohibited uses, and the Collier County Code of Laws and Ordinances Chapter 126, Article 4, Section 126-111, subsection (B), taxation. Violation location: 2829 Shoreview Drive, Naples Florida. Folio No. 48170680008. Violation description: No Collier County business tax receipt for multi-family rental use of the property. Also allowing transient lodging less than six months on this RMF-6 zoning property. Past orders: On December 27th, 2014 the Code Enforcement Board issued a Finding of Fact, Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board OR 5018, Page 3621 for more information. On April 24th, 2014 the Code Enforcement Board granted an extension of time to comply. See the amended -- see the attached Order of the Board OR 5039, Page 3238 for more information. The violation has been abated as of August 12th, 2014. Page 87 August 28, 2014 Fines and costs to date are as follows: Fines have accrued at the rate of$200 per day for the period between July 24th, 2014 to August 12th, 2014, 20 days, for a total fine amount of $4,000. Previously assessed operational costs of$126.58 have been paid. Total amount to date: 4,000. The county is 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. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? MR. ASHTON: Yeah, I'd like to -- we have this case and we have another coming up. The county's abating these fines. You people put a lot of work in these things. And it seems to me that these people know that if they play the game that they're going to get away with not paying anything. And to me I think it's wrong. ACTING CHAIRMAN LEFEBVRE: Okay. Any other discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. Any nays? MR. ASHTON: Nay. ACTING CHAIRMAN LEFEBVRE: One nay. MR. LAVINSKI: Could we have Jeff look into that and give us an opinion? Because I kind of go along with that theory that, you know, all that's gone into this and then to have it abated six months later is fine, that's what we're after. However, there are costs that Page 88 August 28, 2014 chugged along other than the operational costs. So I kind of go along with my learned colleague's opinion that there ought to be some sort of restitution to the county. MR. WRIGHT: I agree. It's hard to quantify. We generally classify these fines -- these amounts as fines or operational costs. And the operational cost is intended to capture the staff time. We're not allowed to separately charge for staff time. So we keep that time component separate from the penalty component. So the four grand that we're seeking to impose is all penalties. But I agree, there's been a lot of meetings on this case in particular and it's hard to quantity the cost of that. A lot of employee time, a lot of resources went into it. But generally speaking we bifurcate that, either an operational cost or a fine. And here we're dealing solely with fines. MR. LAVINSKI: So there's nothing we can do? ACTING CHAIRMAN LEFEBVRE: Well, no, there's -- I at times have seen where the board says okay, instead of a fine of 4,000, there will be a fine of 1,000, or some portion thereof. So that would be an option too in the future. MR. LAVINSKI: We can do that? MR. WRIGHT: In fact, when we bring these releases to the board, let's say this went all the way to a lien and they wanted to have it released, we do take that into account when we're trying to recommend a settlement to the board. If there's a long story behind it that's involved a lot of staff, then we'll be maybe less reluctant to waive everything in our recommendation. That's obviously a separate tribunal than this, but the logic is the same. MR. LAVINSKI: Okay, yeah, because this just said to waive the fines. But had you added by the way, we ought to get $500 for our efforts, if we could get that recommendation, that could help us. MR. WRIGHT: And there is a case out there, I think the Burns Page 89 August 28, 2014 Stratton case is the title of the case that comes to mind, and it's an appellate case in the State of Florida that literally says you cannot charge for your employee time. So we don't want to squarely say in our recommendation that we want to capture our employee time, because it might be inconsistent with prevailing authority here. ACTING CHAIRMAN LEFEBVRE: The other thing that would help is let's say like this particular one 20 days past due. If the respondents were here and could explain why it took 20 days longer than it should have. Sometimes there are reasons why something -- and I'm not talking specific to this case, I'm just talking in generalities that sometimes it does take longer for one reason or another. SUPERVISOR LETOURNEAU: Well, I can say that the fire department took a long time to make a decision on whether or not they were going to grandfather in the original use of the apartments or they were going to make them bring it up to the motel uses that they were using it at. And they finally came back with a decision that because zoning told them that it was a grandfather use of the apartment use, so they only had to get like fire extinguishers and whatnot. But as soon as the fire department came back with their decision, Mr. Kaplan did move on it and get it taken care of it. MR. MIESZCAK: Jeff, can I ask you one question? On the county, did they hear a case -- have they heard the case again and then recommended this or they just read something and recommended this? MR. WRIGHT: When you say heard the case again, I -- MR. MIESZCAK: Did these people take it after here, did they take it to the county? MR. WRIGHT: No. And the reason that -- in this particular case? Is that -- you're referring to this particular case? MR. MIESZCAK: Yeah. MR. WRIGHT: What we say is that while this tribunal, the Code Enforcement Board, has jurisdiction, nobody else does. So once the Page 90 August 28, 2014 lien is imposed, generally speaking, the Code Enforcement Board loses jurisdiction. Obviously there's a window they can rehear it and all that, but once that lien's imposed you lose jurisdiction. And then they can go to the Board, because that's a taxpayer asset, that lien. And they need to ask the Board of County Commissioners for their permission to adjust it or -- MR. MIESZCAK: And this is basically what happens. MR. WRIGHT: Yes. The only difference here is this is not yet to my understanding ripened into a lien, it's before you on an imposition. Is that right, Jeff? SUPERVISOR LETOURNEAU: Correct. MR. MIESZCAK: I see. SUPERVISOR LETOURNEAU: Yeah, this was the hearing to make it into a lien, basically. ACTING CHAIRMAN LEFEBVRE: Right. If we imposed it, then the other option, once the -- is it 30 days -- is exhausted, then it goes -- they correct the problem, they can go in front of the Commissioners to get the fine abated or imposed. MR. WRIGHT: Exactly. ACTING CHAIRMAN LEFEBVRE: And then you're saying at that point sometimes if you explain there's a lot of time and effort put into it, they may decide you know what, we're not going to impose the 4,000 but we'd like to try to recover 1,000. MR. WRIGHT: Yes. In those recommendations we just have to make them with a straight face and tell the story behind while we're making it. So if that's part of the story, we'll make that clear to the board. ACTING CHAIRMAN LEFEBVRE: But there are certain circumstances where it does take longer and it's not within the respondent's control. SUPERVISOR LETOURNEAU: Correct. Page 91 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: The county permitting or whatever the case is. I'm not saying it's all the time but there are occasions where that does happen. So 20 days is not exorbitant, even though we did give an extension. I'm talking about this case because it's just front and center. But there are other times where someone takes four or five or eight days to complete, and I don't think that we should penalize someone for taking a week longer. SUPERVISOR LETOURNEAU: I agree. ACTING CHAIRMAN LEFEBVRE: Thank you very much. MR. MIESZCAK: Thank you. ACTING CHAIRMAN LEFEBVRE: The next case? MS. ADAMS: The next case is Number Five, Tab 20, Case CELU20130015799, Sandra and Carla Sage. (Carla Sage and Investigator Ambach were duly sworn.) ACTING CHAIRMAN LEFEBVRE: Do you have -- are you looking for an extension of time or what's -- MS. SAGE: I'm looking for an extension of time. At this point I've complied pretty much with everything except for there have been some hindrances that have been either due to Mother Nature causing them or just something that's thrown a side swipe into me that has not allowed me to get the last two boats off the property. ACTING CHAIRMAN LEFEBVRE: Okay. This is from February, so we're looking at six months right now. MS. SAGE: Right. ACTING CHAIRMAN LEFEBVRE: And then you came back in front of us on the 20th of June and asked for an extension, which was until July? MS. SAGE: I was in Alabama in June and so I asked for an extension so that I could be here to go over this with someone. I just needed a little bit of extra time. But in no means am I acting defiant in any way, shape or form. Page 92 August 28, 2014 I've got a boat trailer out there that I thought only had one axle that busted right before it got ready to get moved. There's two axles that are busted. And so we're trying to get either someone that can come out there and weld the trailer with the boat on it to get it off, or block it up with cinder blocks and then yank the trailer out from underneath it and then put another one underneath it to get it out. It's just getting the resources to get someone out there to help me do all this. Because I don't have a lot of friends. MR. ASHTON: I've got a question. It says that the operational cost of 63.14 from last time haven't been paid. MS. SAGE: The first one I -- MR. ASHTON: The first one's paid but the second one is not. MS. SAGE: The first one I did pay but the second one, I got hit with quite a few things this summer that -- you know, I went school clothes shopping and the Collier County School Board couldn't notify transferring parents that had elementary students that were going into middle school that the dress code had changed. I went school clothes shopping twice. I've had a truck that the radiator blew up on me in the middle of the road. And last week my well went down. My well went down because of all the work that's being done on Massey Street has messed my well up so bad that within a year's period of time I've had to replace it twice. The dredging, the beating of busting the lime rock that's out there has caused massive problems with our wells. Not just for me but everybody else down our street too. I just keep getting hit with unforeseen things. The other boat that's out there, the gentleman did pass away. And they asked me if I wanted to sell it and I said sure. They said that they would give me 10 percent. And I said wow, guess what, I'm going to get my car fixed, I can pay the Collier County fines, and then that way you guys can have money to help pay for some of the funeral. Page 93 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: You've been here with your children and they're getting a -- MS. SAGE: For three hours. ACTING CHAIRMAN LEFEBVRE: They're getting a civic lesson today. On previous cases we said we wouldn't give extensions if the operational costs have not been paid. And we have to be uniform. We can't say for one person, one thing. And I'm telling you right now, I can't remember a case where the operational costs haven't been paid and we've extended. So would you have the ability today to pay the 63.14? MS. SAGE: Could you give me until Monday? MR. MIESZCAK: Closed. ACTING CHAIRMAN LEFEBVRE: Tuesday. MS. SAGE: Tuesday to get my child support and then I can pay the fines for both days, for the last one and then today? ACTING CHAIRMAN LEFEBVRE: Today. Right, you'd have to pay for both. How much time are you looking for again to extend? MS. SAGE: I don't think it's going to take much longer to get both of them out. What my problem that I ran into with the boat that they -- where the gentleman had passed away was the motor needs to be looked at, okay. And the guy that I was going to have come look at the motor busted his knee, went in for surgery. ACTING CHAIRMAN LEFEBVRE: We don't need to micromanage this. This is way more detail than we need to know. Has there been progress made on this case? INVESTIGATOR AMBACH: There has been, yes, sir. ACTING CHAIRMAN LEFEBVRE: Okay, couple of options we have. We have one option to either extend it for a couple of Page 94 August 28, 2014 months, let's say, and then have her pay the operational costs, or we could withdraw the case but that really won't get the operational costs paid. MR. MIESZCAK: I make a motion, 60 days and 10 days for operational costs to be paid. ACTING CHAIRMAN LEFEBVRE: Do we have a second? MR. LAVINSKI: Yeah, I'll second that. MR. MARINO: Second that. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Do you understand what we just did? We gave -- MS. SAGE: Ten days to pay the two things -- ACTING CHAIRMAN LEFEBVRE: Correct. MS. SAGE: -- and then 60 days to -- ACTING CHAIRMAN LEFEBVRE: Get everything off, please. MS. SAGE: Those two boats gone. ACTING CHAIRMAN LEFEBVRE: We want to see everything off the property. Okay? Thank you very much. Have a great day. MS. ADAMS: The next case is Number Six, Tab 21. Case CESD20130000332, Milda Vaivada. (Supervisor Snow was duly sworn.) Page 95 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Go ahead. SUPERVISOR SNOW: Good morning. For the record, Kitchell Snow. Just some information for the board when you're thinking about these fines. Remember, we're trying to do continuances now, not an extension. Because it continues. The continuance means the fines continue to run and that's the motivation for them to get it done. So sometimes if it's longer than a couple of weeks or getting close to a month is the reason why the board gave the continuance instead of the extension. Because if they don't comply and they reach the point of imposition of fines, that's where the continuance comes in, okay? This is for the violations of Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). And the location is 1336 Trail Terrace Drive, Naples, Florida. The folio is 77412120006. And the description is: Unpermitted alterations made to the garage. Past orders: On March 28th, 2013 the Code Enforcement Board issued a finding of fact and conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached Order of the Board OR 4909, Page 3214 for more information. On August 22nd, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached order of the board, OR 4962 and Page 797 for more information. On January 23rd, 2014 the Code Enforcement Board granted an extension of time to comply. See the attached order of the board OR 5014, Page 3035 for more information. On April 24th, 2014 the Code Enforcement Board granted a continuance. See the attached Order of the Board OR 5039 and Page 3240 for more information. Page 96 August 28, 2014 The violation has been abated as of May 20th, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of$250 per day for the period between March 25th, 2014 to May 20th, 2014, 57 days, for a total fine amount of$14,250. Previously assessed operational costs of $209.36 have been paid. Total amount to date is $14,250. The county is recommending these fines be waived as the property is in compliance and the operational costs have been paid. ACTING CHAIRMAN LEFEBVRE: Do I hear a motion? MR. MIESZCAK: Motion to abate. ACTING CHAIRMAN LEFEBVRE: Do I hear a second? MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? MR. ASHTON: Like we talked before, here's another one for 14,000. This has been going on since March of 2013. MR. MIESZCAK: I think the exception here, sir, is the fact that there's a new owner involved. Mr. Brick is not the owner now, it's Milda, right? SUPERVISOR SNOW: That is correct. MR. MIESZCAK: And I think that's probably what part of the problem is. ACTING CHAIRMAN LEFEBVRE: Each case is separate and distinct. If you really hone down and look at them, each of them have their own little idiosyncrasies that you have to look and kind of look at them individually. MR. LAVINSKI: I one question for Kitchell. ACTING CHAIRMAN LEFEBVRE: Sure. MR. LAVINSKI: Looking back on our whatever we did, we got an extension and extension and a continuance. What should we have done, three continuances? SUPERVISOR SNOW: That's up to -- I agree with anything this Page 97 August 28, 2014 board wants to do at any time. But the motivation of a continuance is the fines continue to run and the board's efforts are always toward compliance. And when fines are running, there is probably a greater effort on the respondents to get done what they need to get done. In this particular case, remember it was the garage conversion, it was a large conversion. It's too much detail. But the property owners did change in the middle and then they were working on it and that's the reason we went with the continuance. MR. LAVINSKI: So if we were on top of it, we should be looking at continuances, not extensions. SUPERVISOR SNOW: Well, sir, that's up to you to decide what you want to do. I'm not going to advise the board what the board should do. MR. LAVINSKI: We want your professional advice. SUPERVISOR SNOW: I'm sure the director can offer professional advice. MR. WRIGHT: I've always had a concern about this. My view is if they're on your agenda under imposition of fines, then there's no question about extending the compliance date. They've missed that boat. So by the time it's going to imposition, when they say I need more time, it's really like sorry, that boat's come and gone. This is my view. And if you want more time on today's hearing, you want to extend today's hearing, that means we're not going to impose a lien until a later date. The fines are going to continue to run. I think that's how we should handle every single one of the requests for more time if they've on the agenda under imposition of lien. Because they've already missed the boat for asking more time to fix the problem. There might be -- like you said, every situation is unique. You might have a new owner come in and say, you know, there's already been a first order imposed, you're about ready to impose this lien on Page 98 August 28, 2014 me, I need more time. And I think, and Jean might be able to chime in MS. RAWSON: No, I agree with Jeff. We should do that. Because then the fines keep running. ACTING CHAIRMAN LEFEBVRE: Yes. SUPERVISOR SNOW: For the record, I think that helps to do that. It offers some motivation. ACTING CHAIRMAN LEFEBVRE: Right. And why was this -- this was abated on May 20th, 2014, but we're just hearing it now. MR. MARINO: Jeff, is this something we can do or does it have to go in front of the Commissioners to make the change? SUPERVISOR SNOW: No, sir, it was just brought before. This's just the date that it was brought before. I think we just didn't put it on the schedule, that's all. ACTING CHAIRMAN LEFEBVRE: Okay. We have a motion, we have a second. We had plenty of discussion, so let's take a vote. SUPERVISOR SNOW: Sir, if I may, it was withdrawn because the ownership changed. That's the reason we wanted to give the -- it was on schedule. So yeah, Theresa's on top of that. I knew that, it just didn't get me. We did withdraw that. It was scheduled for the appropriate time, but we wanted to give the new ownership notice. ACTING CHAIRMAN LEFEBVRE: Okay, perfect. SUPERVISOR SNOW: And I think you requested that, sir. ACTING CHAIRMAN LEFEBVRE: Okay. Take a vote. All those in favor of abating? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. Page 99 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Geez, I thought these were going to be pretty quick. You guys, you don't ask any questions when Bob's here? MS. ADAMS: Next case is Number Seven, Tab 22, Case CESD20130011211, Rafael Barrios Montero, Thomas B. Avila Reyes, and Ricardo Abril. (Investigator Ambach was duly sworn.) INVESTIGATOR AMBACH: Violations of Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), and the 2010 Florida Building Code, Chapter 1, Section 105.1. Location: 1281 25th Street Southwest, Naples, Florida. Folio No. 37347080002. Description: A shed, fence and two aluminum structures built in the rear yard without first obtaining all required permits. Past orders: On September 27th, 2014 the Code Enforcement Board issued a Finding of Fact/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board OR 5018, Page 3615 for more information. On June 20th, 2014 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 5058, Page 2024 for more information. The violation has not been abated as of August 28th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period between July 13th, 2014 to August 28th, 2014, 47 days, for a total fine amount of $7,050. Fines continue to Page 100 August 28, 2014 accrue. Previously assessed operational costs of$127.18 have been paid. Operational costs for today's hearing, $63.29. Total amount to date, $7,113.29. MR. MIESZCAK: Motion to impose the fine. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. Can you state your name for the record? I'm not sure -- INVESTIGATOR AMBACH: I'm sorry. For the record, Investigator Chris Ambach, Collier County Code Enforcement. ACTING CHAIRMAN LEFEBVRE: Thank you. I don't think you stated it. MS. ADAMS: The next case is Number Eight, Tab 23. Case CENA20140006693, 4463 East Trail, LLC. (Investigator Jones was duly sworn.) INVESTIGATOR JONES: Violations: Collier County Code of Laws and Ordinances, Chapter 54, Article 6, Section 54-195.D. Location: No site address. Folio is 393920004. In Naples, Florida. Description: Collier County prohibited exotic vegetation located Page 101 August 28, 2014 upon an unimproved property within a 200-foot radius of an improved property. Past orders: On June 20th, 2014 the Code Enforcement Board issued a Findings of Fact/Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 5058, Page 2019 for more information. The violation has not been abated as of August 28th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$100 per day for the period between July 21st, 2014 to August 28th, 2014, which is 39 days, for a total fine amount of $3,900. Fines continue to accrue. Previously assessed operational costs of $64.64 have not been paid. Operational costs for today's hearing, $62.47. Total amount to date: $4,027.11 . MR. MIESZCAK: Motion to impose the fine. MR. LAVINSKI: Second. ACTING CHAIRMAN LEFEBVRE: Any discussion? (No response.) ACTING CHAIRMAN LEFEBVRE: All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) ACTING CHAIRMAN LEFEBVRE: Motion passes. INVESTIGATOR JONES: Thank you. MS. ADAMS: The next case is letter D, motion to amend Page 102 August 28, 2014 previously issued order. Case CEPM20110002247, Allen W. Fuller and Barbara A. Davis. The county is asking to amend the order because there was an error on the imposition of fines order. The case was not actually fully compliant. The county had boarded it so only the boarding part, they were compliant with the boarding part. They still have not gotten their repairs and inspections. So it's accruing fines on the second part still. So there was an error, a clerical error on the imposition of fines order. ACTING CHAIRMAN LEFEBVRE: Do we have the imposition of fines? MS. ADAMS: Yes, it's in your packet. ACTING CHAIRMAN LEFEBVRE: Okay, there it is. About four, five pages down. So the county boarded it up, correct? MS. ADAMS: That's correct. ACTING CHAIRMAN LEFEBVRE: And what section is still not -- still in violation? MS. ADAMS: It's part two from the Finding of Fact order. ACTING CHAIRMAN LEFEBVRE: The Code Enforcement Board -- by repairing, securing all doors and windows or by obtaining demolition permits for the removal of the home and all debris and requesting all required inspections to certificate of occupancy completion within 30 days, March 26th, 2011. Correct? MS. ADAMS: That's correct. ACTING CHAIRMAN LEFEBVRE: Yes, I did say 2011 . And those fines are still -- MS. ADAMS: Still accruing, yes. ACTING CHAIRMAN LEFEBVRE: So we're looking at several hundred thousand dollars; is that correct? $500 a day. MS. ADAMS: Yeah, I haven't calculated but -- ACTING CHAIRMAN LEFEBVRE: 365 days, it's been three Page 103 August 28, 2014 years, so -- MS. ADAMS: The imposition of fines order states that it is in compliance, which is not -- that's not correct. ACTING CHAIRMAN LEFEBVRE: Okay. MS. ADAMS: It says it was -- it says that it's brought into compliance with the order dated February 25th, 2011, when in fact it was just part one about the boarding that came into compliance. Part two is not in compliance; it's not in compliance as of today. ACTING CHAIRMAN LEFEBVRE: So according to Mr. Fuller and Mrs. Davis, they think that their property is in compliance, correct? If they received that -- MS. ADAMS: I believe so. Just a second. They would have received an order that stated it was in compliance, meaning the whole -- ACTING CHAIRMAN LEFEBVRE: Right. So it wouldn't be fair to -- I mean, is it still boarded up? I mean, what's the status of the property now, I guess. Because if I thought I was in compliance and then three years later, three-and-a-half years later you come and say I owe $400,000 in fines, I'd be pretty upset. (Supervisor Letourneau was duly sworn.) SUPERVISOR LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. The investigator of record had to leave at 11 :00 today, and he just wrote down the bare bones minimum of this case to me. But I did research it on CityView. It appears that the owners do know that there's still a violation, because the last three times he was out there, they were telling him that they were working on getting -- taking care of the violations. There was a bankruptcy in the middle of the whole thing also. But to be honest, I don't -- I know that the violations remain, but I don't know how long between when they got the order and now, how long Page 104 August 28, 2014 they've known that the violations still remain, so -- ACTING CHAIRMAN LEFEBVRE: I guess Jean, how do we rectify this? If I receive something saying that I'm in the clear, I'm not going to -- MS. RAWSON: You're not going to be real happy. And when we amend orders like this we do them nunc pro tunc, back to the original 2013 order. So it would be considerable, yes. SUPERVISOR LETOURNEAU: The County could withdraw this request at this time until the investigator of record can be up here with the full knowledge, if that's okay with -- ACTING CHAIRMAN LEFEBVRE: Well, I'm not looking at the full knowledge. But if we're going back to 2011, that's where I have a problem. I mean, I guess -- what's the thoughts of the board? MR. MIESZCAK: Maybe we need more information brought and bring it back. MR. LEFEBVRE: We should wait and maybe see this next month. SUPERVISOR LETOURNEAU: That would probably be the best course of action at this point. I apologize for the investigator leaving, but I think it was an emergency. ACTING CHAIRMAN LEFEBVRE: If we knew the investigator was leaving, I would have liked -- we didn't know all the particular and mechanics of it until it came in front of us, but -- SUPERVISOR LETOURNEAU: I didn't really know until I got a page of bare bones stuff-- ACTING CHAIRMAN LEFEBVRE: I understand. SUPERVISOR LETOURNEAU: -- and then it was coming up here. ACTING CHAIRMAN LEFEBVRE: Maybe the respondent might want to be here also. SUPERVISOR LETOURNEAU: We will not -- yeah, well, they Page 105 August 28, 2014 obviously were notified, right? I mean -- ACTING CHAIRMAN LEFEBVRE: I would -- SUPERVISOR LETOURNEAU: Well, we'll make sure that they know about this next time. ACTING CHAIRMAN LEFEBVRE: Yes. MR. MIESZCAK: Okay, good. MR. WRIGHT: I was just going to say, we'll bring it back next time with a clear assessment. I was going to say, this is a recent bankruptcy. I was actually dealing with the lien release on the same property with a bankruptcy attorney. So we'll bring it back in a month with a little clearer idea of what we're asking for. ACTING CHAIRMAN LEFEBVRE: Okay, very good. Thank you very much. SUPERVISOR LETOURNEAU: Thank you. MS. ADAMS: The next motion to amend, Case CESD20080015799, Valerie K. Lojewski and Carrol E. Nelson. On this case they were actually -- they were actually incompliant (sic) with the part about the utilities being turned off, so they should not have accrued fines on part two and four. So we wanted to amend it to not reflect that they accrued fines on part two and four. We just got an affidavit of compliance for that part just recently. But we were notified that it was in compliance back in 2011, the day it was supposed to be in compliance with turning the utilities off. But it didn't come to our attention until the beginning of this month. ACTING CHAIRMAN LEFEBVRE: Did we impose fines on this for section number two? MS. ADAMS: Yes. ACTING CHAIRMAN LEFEBVRE: We did, okay. So there was a lien out there on this property for X amount of money and we're going to pretty much vacate the lien. Page 106 August 28, 2014 MS. ADAMS: Right. They -- part two and four should not have fines accrued. But the other part remains the same. That doesn't change. But -- so it's in their favor. ACTING CHAIRMAN LEFEBVRE: Right. Now, have they complied with all the other items? MS. ADAMS: No, not at this time. Just the part about the -- ACTING CHAIRMAN LEFEBVRE: Two and four, okay. So they're still having fines and everything. MS. ADAMS: Right. ACTING CHAIRMAN LEFEBVRE: Very good. We need to make a motion to amend it, correct? MS. RAWSON: Yes. ACTING CHAIRMAN LEFEBVRE: Do I have a motion? MR. MIESZCAK: I'll make a motion to amend. ACTING CHAIRMAN LEFEBVRE: To amend number two and four. MR. MIESZCAK: Two and four. ACTING CHAIRMAN LEFEBVRE: That they're in compliance. MR. MARINO: Second. ACTING CHAIRMAN LEFEBVRE: Any further discussion? (No response.) All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. MR. ASHTON: Aye. ACTING CHAIRMAN LEFEBVRE: Any nays? (No response.) Page 107 August 28, 2014 ACTING CHAIRMAN LEFEBVRE: Motion passes. Thanks, board, for having my back there. Any new business? MR. WRIGHT: Mr. Chairman, if you'd care, I'd be happy to give you quick numbers. ACTING CHAIRMAN LEFEBVRE: That would be under reports. So the consent agenda, we approved that. So go ahead, reports. MR. WRIGHT: Just real quick. Since July '09 we're over $18 million in waivers between the tribunals involved. Fiscal year '14 we're almost at $5.5 million waived so far this fiscal year. We have currently 1,127 open cases in the department. And looks like we're going to have about 10,000 cases opened by year end. And also, one item I promised to follow up on and that was a question of when is a structure taxed. And I talked to Bill Hauck at the appraiser's office and he said if a particular structure is on the property as of the first of the year, it's assessed for that tax year. How do they determine whether it's on the property via a CO feed? They have a live feed of COs when they're approved, and every five years they have to do a live inspection of every single property in the county. So between those two sources of incoming data, they should be able to address every structure that's put up. ACTING CHAIRMAN LEFEBVRE: Very good. Does the board have any comments? (No response.) ACTING CHAIRMAN LEFEBVRE: The next meeting will be September 25th. And do I have a motion to -- MR. ASHTON: Make a motion to adjourn. ACTING CHAIRMAN LEFEBVRE: Do I have a second? Page 108 August 28, 2014 (No response.) All those in favor? MR. LAVINSKI: Aye. MR. MIESZCAK: Aye. MR. L'ESPERANCE: Aye. MR. MARINO: Aye. ACTING CHAIRMAN LEFEBVRE: Aye. We're adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :57 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD GERALD gFEBV V, Acting Chairman These minutes approved by the board on 0 q/ 5/1 4—as presented X or as corrected Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 109