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CEB Minutes 04/24/2014 Code Enforcement Board Minutes April 24 , 2014 April 24, 2014 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida April 24, 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: CHAIRMAN: Robert Kaufman Robert Ashton (Excused) Lisa Chapman Bushnell (Excused) Larry Mieszcak James Lavinski Gerald Lefebvre Lionel L'Esperance (Excused) Tony Marino (Absent) ALSO PRESENT: Jeff Wright, Code Enforcement Director Jean Rawson, Attorney for the CEB Board Kerry Adams, Code Enforcement Specialist Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 24, 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 TIIE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman,Chair Lionel L' Esperance Gerald Lefebvre,Vice Chair Tony Marino James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. March 27,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 1. CASE NO: CESD20110000425 OWNER: ELIDIA GARCIA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION 10.02.06(B)(I)(A). PERMIT 2004062889 EXPIRED ON 7/23/05.NO CERTIFICATE OF OCCUPANCY ISSUED. FOLIO NO: 37807200005 VIOLATION ADDRESS: 1275 18TH AVENUE N.E., NAPLES 2. CASE NO: CESD20100006940 OWNER: MICIIAEL& AMY FACUNDO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE II, FLORIDA BUILDING CODE,ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(B)(104.5.1.4.4). EXPIRED COLLIER COUNTY PERMITS. FOLIO NO: 63860280007 VIOLATION ADDRESS: 318 WASHINGTON AVE,IMMOKALEE 3. CASE NO: CESD20130006038 OWNER: DUKENS PIERRE OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 10.02.06(B)(I)(A)AND I0.02.06(B)(I)(E)(I). LANAI ENCLOSED WITHOUT PERMITS. PERMIT BY AFFIDAVIT PRBD201 1 105575 WAS CANCELED BY CONTRACTOR. FOLIO NO: 35758960001 VIOLATION ADDRESS: 4473 18TH PLACE S.W.,NAPLES 4. CASE NO: CEPM20130004926 OWNER: LLOYD L. HOWEIN OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTIONS 22-231(I2)(C) AND(I)AND SECTION 22- 228(1)AND ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION I0.02.06(B)(1)(A)AND(E). SOFFITS AND ROOF IN NEED OF MAINTENANCE; WINDOWS ARE SCREWED SHUT AND NOT OPERABLE. FOLIO NO: 62842560005 VIOLATION ADDRESS: 584 105TH AVENUE N.,NAPLES 2 5. CASE NO: CESD20130001772 OWNER: LJUBINKA PAVICEVIC OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(I)(A). GARAGE CONVERSION WITHOUT FIRST OBTAINING COLLIER COUNTY I3UILDING PERMITS AND PERMIT 2004121935 FOR DOUBLE DOORS AT THE REAR OF STRUCTURE WITHOUT CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 32483160001 VIOLATION ADDRESS: 4638 ROBIN AVENUE, NAPLES 6. CASE NO: CESD20120010800 OWNER: YANELIS GIL OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION 10.02.06(B)(I)(A). AN INCOMPLETE UNPERMITTED ADDITION TO THE REAR OF THE HOME. FOLIO NO: 39029080001 VIOLATION ADDRESS: 4865 46TH STREET N.E.,NAPLES B. Stipulations 3 C. Hearings I. CASE NO: CENA20130019586 OWNER: KELLI ANN & NIELS PETER OSTER OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54,ARTICLE VI, SECTION 54-185(D). PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION INCLUDING, BUT NOT LIMITED TO, BRAZILIAN PEPPER, CARROTWOOD AND WOMAN'S TONGUE(MIMOSA LEBBECK)LOCATED UPON UNIMPROVED PARCEL WITHIN A 200 FOOT RADIUS OF AN ABUTTING, IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62577961005 VIOLATION ADDRESS: 693 105TH AVENUE N.,NAPLES 2. CASE NO: CESD20130018181 OWNER: PINELAND PROPERTIES LLC OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED ALTERATIONS TO THE COMMERCIAL STRUC"IURE. FOLIO NO: 51690720008 VIOLATION ADDRESS: 2224 TAMIAMI TRAIL E,NAPLES 3. CASE NO: CEOCC20140002473 OWNER: 4641 17T'II AVE SW LAND TRUST OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 5.02.03(J). VEHICLES BEING REPAIRED ON RESIDENTIAL PROPERTY. FOLIO NO: 35768800009 VIOLATION ADDRESS: 4641 17TH AVE SW,NAPLES 4. CASE NO: CESD20140004169 OWNER: MANUEL LORENZ() OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(I)(A). MODIFIED GROW HOUSE WITH GARAGE DESTROYED BY FIRE. FOLIO NO: 37696560008 VIOLATION ADDRESS: 2620 2ND ST NE,NAPLES 5. CASE NO: CEOCC20130019559 OWNER: MARK ADRIAN LANGLEY& MARGARITA OBANDO RECIO OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 2.02.03. OPERATING AN INN-TYPE LODGING BUSINESS IN A RESIDENTIAL ZONED DISTRICT, FOLIO NO: 65320680006 VIOLATION ADDRESS: 445 PALM RIVER BLVD,NAPLES 4 6. CASE NO: CESD20130016171 OWNER: SONIA J. LANDESTOY OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(I)(A). ROOM ADDED TO REAR OF MAIN STRUCTURE. ALTERATIONS MADE TO ACCESSORY STRUCTURE SUCH AS BUT NOT LIMITED TO WINDOWS, DOOR, SECOND STORY PORCH. ALL OF WHICH WERE COMPLETED PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 41830440006 VIOLATION ADDRESS: 4960 CORAL WOOD DR.,NAPLES 7. CASE NO: CEVR20140003402 OWNER: REG8 BERKSHIRE COMMONS LLC OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 4.06.05(K)(2). FAILURE TO MAINTAIN REQUIRED LANDSCAPING. FOLIO NO: 23945007103 VIOLATION ADDRESS: 7410 DEVONSHIRE BLVD, NAPLES 8. CASE NO: CESD20130019399 OWNER: DOROTHY GILL OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION I0.02.06(B)(I)(A), 10.02.06(B)(I)(E)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, ARTICLE II,SECTION 22-26(B)(104.5.1.4.4).TWO UNPERMITTED SHEDS ON RIGHT SIDE OF THE PROPERTY. POSSIBLE GARAGE CONVERSION AND ATTIC CONVERSION TO SMALL APARTMENTS, AND THE STAIRCASE MOVED TO RIGHT SIDE OF THE STRUCTURE FROM THE REAR OF THE PROPERTY. FOLIO NO: 36455080005 VIOLATION ADDRESS: 5009 31ST AVE SW,NAPLES 9. CASE NO: CESD20130014804 OWNER: ANTONE C. MENDES OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06 (B)(I)(A)AND COLLIER COUNTY CODE OF LAWS,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 5 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20110000425 OWNER: ELIDIA GARCIA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(B)(I)(A). PERMIT 2004062889 EXPIRED ON 7/23/05. NO CERTIFICATE OF OCCUPANCY ISSUED. FOLIO NO: 37807200005 VIOLATION ADDRESS: 1275 18TH AVENUE N.E.,NAPLES 2. CASE NO: CESD20100006940 OWNER: MICHAEL& AMY FACUNDO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 11, FLORIDA BUILDING CODE,ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(B)(104.5.1.4.4). EXPIRED COLLIER COUNTY PERMITS. FOLIO NO: 63860280007 VIOLATION ADDRESS: 318 WASHINGTON AVE, IMMOKALEE 3. CASE NO: CESD20130006038 OWNER: DUKENS PIERRE OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: ORDINANCE 04-41, AS AMENDED,TILE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 10.02.06(B)(I)(A)AND 10.02.06(B)(1)(E)(I). LANAI ENCLOSED WITHOUT PERMITS. PERMIT BY AFFIDAVIT PRBD201 1105575 WAS CANCELED BY CONTRACTOR. FOLIO NO: 35758960001 VIOLATION ADDRESS: 4473 18TH PLACE S.W.,NAPLES 4. CASE NO: CEPM20130004926 OWNER: LLOYD L. BOWEIN OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22,ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTIONS 22-231(12)(C) AND(I)AND SECTION 22- 228(1) AND ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(B)(1)(A)AND(E). SOFFITS AND ROOF IN NEED OF MAINTENANCE; WINDOWS ARE SCREWED SHUT AND NOT OPERABLE. FOLIO NO: 62842560005 VIOLATION ADDRESS: 584 105TH AVENUE N., NAPLES 6 5. CASE NO: CESD20130001772 OWNER: LJUBINKA PAVICEVIC OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10.02.06(13)(1)(A). GARAGE CONVERSION WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS AND PERMIT 2004121935 FOR DOUBLE DOORS AT THE REAR OF STRUCTURE WITHOUT CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 32483160001 VIOLATION ADDRESS: 4638 ROBIN AVENUE,NAPLES 6. CASE NO: CESD20120010800 OWNER: YANELIS GIL OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: ORDINANCE 04-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION I0.02.06(B)(I)(A). AN INCOMPLETE UNPERMITTED ADDITION TO THE REAR OF THE HOME. FOLIO NO: 39029080001 VIOLATION ADDRESS: 4865 46TH STREET N.E.,NAPLES 7. CASE NO: CEPM20130016356 OWNER: KIMA WATT 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(19)(C). INFESTATION OF BEES CREATING A NUISANCE. FOLIO NO: 62411800002 VIOLATION ADDRESS: 854 109TH AVE N,NAPLES 8. 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 126-1 1 1(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 7 9. CASE NO: CEPM20140001070 OWNER: CHARLES D. BROWN OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, PROPERTY MAINTENANCE CODE, SECTION 22- 231(1), SEC"I'ION 22-231(2), SECTION 22-231(4)AND SECTION 22-231(11). FAILURE OF PROPERTY OWNER TO PROVIDE ELECTRICITY AND WATER SUPPLY TO AN OCCUPIED RENTAL DWELLING. FOLIO NO: 74031280003 VIOLATION ADDRESS: 414 3RD ST S, IMMOKALEE 10. CASE NO: CESD20120002477 OWNER: JOSE MARTINEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 10,02.06(13)(1)(A).AN UNPERMITTED ADDITION ATTACHED TO THE REAR ADDITION AND AN UNPERMITTED SHED BUILT WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY/COMPLETION AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO A REAR ADDITION THAT WAS PERMITTED BUT PERMIT HAS EXPIRED PERMIT NUMBER-960014426- WITHOUT THE REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 35540040003 VIOLATION ADDRESS: 1155 W MAIN STREET, IMMOKALEE 11. CASE NO: CESD20130003648 OWNER: JOSE EMILIO MORALES OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: ORDINANCE 04-41,AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTIONS 10.02.06(I3)0)(A)AND 10.02.06(B)(I)(E)(I). UNPERMITTED ELECTRIC, PLUMBING AND ALTERATIONS THROUGHOUT MAIN STRUCTURE. UNPERMITTED SHED AND UNPERMITTED ELECTRIC AND PLUMBING. FOLIO NO: 40183520001 VIOLATION ADDRESS: 3745 RANDALL BLVD,NAPLES 12. CASE NO: CENA201300I0827 OWNER: ORANGE BLOSSOM NAPLES LLC OFFICER: INVESTIGATOR MICI-IAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 54,ARTICLE V1, SEC'T'ION 54-185(D).THE ACCUMULATION OF PROHIBITED EXOTIC VEGETATION ON AN UNIMPROVED PROPERTY WHEN THE EXOTICS ARE LOCATED WITHIN A 200-FOOT RADIUS OF AN IMPROVED PROPERTY LOCATED IN A RECORDED OR UNRECORDED SUBDIVISION. FOLIO NO: 237280004 VIOLATION ADDRESS: 6619 YARBERRY LANE,NAPLES 8 13. CASE NO: CESD20130000332 OWNER: JASON 1'. BRICK OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED, SECTION 10.02.06(B)(1)(A). UNPERMITTED ALTERATIONS MADE TO THE GARAGE. FOLIO NO: 77412120006 VIOLATION ADDRESS: 1336 TRAIL TERRACE DRIVE,NAPLES 14. CASE NO: CESD20130010194 OWNER: PNC BANK,N.A.,SUCCESSOR BY MERGER OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE IV, SECTION 22-108. AREA IN REAR OF PROPERTY HAS BEEN EXCAVATED TO A DEPTH GREATER THAN 3 FEET BELOW THE EXISTING GRADE AND CLEARED OF VEGETATION, FORMING A POND, WITHOUT A REQUIRED EXCAVATION PERMIT. FOLIO NO: 39951760004 VIOLATION ADDRESS: 3245 37TH AVE NE,NAPLES 15. CASE NO: CES20120016702 OWNER: PACIFICA NAPLES LLC OFFICER: INVESTIGATOR COLLEEN CRAWLEY VIOLATIONS: ORDINANCE 04-41, AS AMENDED,THE COLLIER COUNTY LAND DEVELOPMENT CODE, SECTION 5.06.11(A)(1). CHANGED NAME ON SIGN FROM HERITAGE APARTMENTS TO MER SOLEIL WITHOUT FIRST OBTAINING THE PROPER COLLIER COUNTY PERMITS AND INSPECTION. FOLIO NO: 35830040001 VIOLATION ADDRESS: 4250 HERITAGE CIRCLE,NAPLES 16. CASE NO: CESD201200I5628 OWNER: FABRICIO& ALLISON J FERNANI)EZ OFFICER: INVESTIGATOR JOSEPI I GIANNONE VIOLATIONS: ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(13)(1)(A). UNPERMITIED SHED/CABANA-TYPE STRUCTURE IN THE BACKYARD AT THIS LOCATION. FOLIO NO: 36457240005 VIOLATION ADDRESS: 5472 32ND AVENUE S.W.,NAPLES B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 9 7. NEW BUSINESS A. Elections B. Rules and Regulations Review 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 May 22,2014 12. ADJOURN 10 April 24, 2014 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: The respondent may be limited to 20 minutes for case presentation unless 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 which the appeal is to be based. Neither County or the Code Enforcement Board shall be responsible for providing this record. Why don't we have roll call first. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Present. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Present. MS. ADAMS: Mr. James Lavinski? MR. LAVINSKI: Present. MS. ADAMS: Mr. Larry Mieszcak? MR. MIESZCAK: Present. CHAIRMAN KAUFMAN: And Mr. Robert Ashton and Ms. Lisa Chapman Bushnell have excused absences. And Lionel L'Esperance has an excused absence, and Mr. Tony Marino is absent. Just a quick note, anybody has a cell phone with them that is going to ring while we're doing the hearings, we're going to make you come up here and answer it over the microphone, so turn them off. Why don't we start with the Pledge of Allegiance. All rise. Page 2 April 24, 2014 (Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Thank you. Okay, why don't we go over the changes in the agenda. MS. ADAMS: Okay. Number five, public hearings, A, motions. Motion for extension of time, number four, Case CEPM20130004926, Lloyd L. Bowein has been withdrawn. Motion for extension of time, number five, Case CESD20130001772, Ljubinka Pavicevic has been withdrawn. CHAIRMAN KAUFMAN: Let me stop you there for one second. Both of those are going to be heard under the imposition of fines, so they're withdrawn from the motion to request for an extension of time, but we will hear them at the end. I'm sorry. MS. ADAMS: We also have two additions to the motion for extension of time. The first is number eight from imposition of fines, Case CELU20130014576, 9295 Cypress LLC. The second addition will be number 10 from Imposition of Fines, Case CESD20120002477, Jose Martinez. B, stipulations, we have -- just a moment. Letter B, stipulations, we have four additions. The first is number eight from hearings, Case CESD20130019399, Dorothy Gill. The second is number six from hearings, Case CESD20130016171, Sonia J. Landestoy. The third is number three from hearings, Case CEOCC20140002473, 4641 17th Avenue Southwest Land Trust. The fourth is number two from hearings, Case CESD20130018181, Pineland Properties LLC. Letter C, hearings. Number one, Case CENA20130019586, Kelli Ann and Niels Peter Oster has been withdrawn. Number five, Case CEOCC20130019559, Mark Adrian Langley and Margarita Obando Recio has been withdrawn. Number seven, Case CEVR20140003402, Reg8 Berkshire Commons LLC has been withdrawn. Page 3 April 24, 2014 Number six, old business. A, motion for imposition of fines, number seven, Case CEPM20130016356, Kima Watt, has been withdrawn. And we also have one more addition, the stipulations, it's going to be number nine from hearings, Case CESD20130014804, Antone C. Mendes. And that's all the changes. MR. LEFEBVRE: Make a motion to approve the changes. CHAIRMAN KAUFMAN: We have a motion to approve. MR. MIESZCAK: I'll second the motion. CHAIRMAN KAUFMAN: And a second to that motion. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, next item is the approval of the minutes. Anybody have any changes on the minutes from the last meeting? If not, accept a motion to approve. MR. LAVINSKI: Motion to approve. CHAIRMAN KAUFMAN: We have a motion. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) Page 4 April 24, 2014 CHAIRMAN KAUFMAN: Carries unanimously. Okay, that brings us for the -- I guess the motion for extension of time. MS. ADAMS: The first one is case CESD20110000425, Elidia Garcia. CHAIRMAN KAUFMAN: I have one question on this one. Have the operational costs been paid? MS. ADAMS: No, they haven't. (Investigator Davis was duly sworn). CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR DAVIS: Good morning, sir. This is case number CESD20110000425, Board of County Commissioners versus Elidia Garcia. Violation of Ordinance 04-41, Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Location is 1275 18th Avenue Northeast, Naples, Florida, 34120. Folio No. 37807200005. The permit 2004062889 expired on 7/23/05. No certificate of occupancy has been issued. The past order: On February 23rd, 2012 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. CHAIRMAN KAUFMAN: Yeah, we're listening. SUPERVISOR LETOURNEAU: This is extension now. CHAIRMAN KAUFMAN: Yeah, this is for an extension. SUPERVISOR LETOURNEAU: Unless they don't grant the extension, then we go on to that. CHAIRMAN KAUFMAN: That will be heard on the imposition of fines if the extension is not granted. INVESTIGATOR DAVIS: Yeah, that's a lot to read. CHAIRMAN KAUFMAN: Okay, let me have my two cents on Page 5 April 24, 2014 this. Number one, the operational costs haven't been paid. We generally don't do anything on cases where the operational costs haven't been paid, number one. Number two, this case goes back, I'm looking at my signature, on 2012. There was a stipulation. And it goes back even further than that. Two years ago we gave an one-year extension. Have you been in contact with the respondent? INVESTIGATOR DAVIS: We have been. In fact, yesterday when we were going through the -- this extension, we tried to -- we called, we left messages with him again, let them know that if they wanted that extension, they were going to need to come in and make sure that the operational costs were paid before we brought it. And as of this morning we haven't heard back from them. CHAIRMAN KAUFMAN: Any discussion from the board? MR. LEFEBVRE: Make a motion to deny. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the request for the extension. We'll hear this -- all those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. We'll hear that under imposition of fines. INVESTIGATOR DAVIS: All right. MS. ADAMS: The next case is CESD20100006940, Michael and Amy Facundo. (Investigator Walker was duly sworn.) CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR WALKER: Good morning. For the record, Page 6 April 24, 2014 Weldon Walker, Jr., Collier County. CHAIRMAN KAUFMAN: Weldon, it looks like this is similar to the other one that was originally stated for imposition of fines and they're asking for an extension. INVESTIGATOR WALKER: Yes, that's correct. From code enforcement's perspective it is -- it is our feelings that we don't have necessarily a problem with the extension. Mr. Facundo, though this case has been here for a while, has actually experienced some serious unfortunate events. Again, his first contractor did not lay the foundation correctly and it had to have two feet of it removed. And he had to redo that. And his engineer in the process also passed. So he actually went through quite a bit. He's currently at work aggressively trying to complete his house. And the last I checked, it was well underway and moving forward towards getting it completed. I think his desire is to get it done. And he's -- it's been around for a while. He's always kept us informed as to his progress. And the last time he was here, I think he reflected that as well to you. And we don't necessarily have a problem with him having more time. CHAIRMAN KAUFMAN: Okay, my problem with this -- let me start out with May 13th. Did they apply for a permit? Is there an active permit on this property? INVESTIGATOR WALKER: Yes, to my knowledge there is. And he has -- he's had actually several inspections to date. And everything seems to be in order from our perspective. CHAIRMAN KAUFMAN: I'm looking at the original order that was signed November of 2010. Ken Kelly signed it. This is just going on and on and on. And I believe that at some point in time you have to draw the line and say enough is enough. So that's my feeling. Any consideration from the Board? MR. LEFEBVRE: My feeling is you can build a high-rise in less than three-and-a-half years. I've seen them go up in less than Page 7 April 24, 2014 three-and-a-half years. This is a house. I'm not sure what size house it is, but it just seems like even with all the unfortunate things that have occurred, it should have been completed within three -- the period now is about three-and-a-half years. How far along -- how long before you think it will be completed? INVESTIGATOR WALKER: Well again, he suggested six months. He's got the rafters going up now. He has his plumber coming in to do the plumbing. He expects that to be completed within -- well within six months. And -- MR. LEFEBVRE: So he's roughed in at this point? INVESTIGATOR WALKER: Yeah, everything is -- MR. LEFEBVRE: Not even roughed in. INVESTIGATOR WALKER: No, no, no. MR. LEFEBVRE: Wow. INVESTIGATOR WALKER: Not to interrupt you. I feel like it would be probably easier for him to explain the nature of all the intricacies that were involved in the house, but he's not here at this point and I'm not sure why. CHAIRMAN KAUFMAN: You would think that if that was the case he would have been here to explain and to request -- MR. LEFEBVRE: I make a motion to deny. CHAIRMAN KAUFMAN: I second the motion. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. We will hear this one under imposition of fines. MS. ADAMS: The next case is CESD20130006038, Dukens Page 8 April 24, 2014 Pierre. (Mr. Pierre and Investigator Crawley were duly sworn.) CHAIRMAN KAUFMAN: Good morning. MR. PIERRE: Good morning. CHAIRMAN KAUFMAN: You're requesting an extension of time. Can you give us a little background? MR. PIERRE: Yes, this property is a purchase from my parents. Unfortunately they haven't been able to walk in this and make sure they get done immediately. So my thing is if I granted this extension (sic), I will make sure that it's done within 60 days. CHAIRMAN KAUFMAN: Okay. And the county? INVESTIGATOR CRAWLEY: For the record, Colleen Crowley, Collier County Code Enforcement. The county has no objection. MR. LEFEBVRE: He's asking for three months in his letter, an email to Theresa. I make a motion to grant three months. CHAIRMAN KAUFMAN: Okay, we have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is CESD20120010800, Yanelis Gil. (Investigator Davis was duly sworn.) CHAIRMAN KAUFMAN: Good morning. Page 9 April 24, 2014 INVESTIGATOR DAVIS: Good morning. On this particular case, the permit was C.O.'d this morning, and so it would be the county's recommendation that we abate the fines of $4,800. CHAIRMAN KAUFMAN: Well, in this particular case maybe the county would like to just withdraw the case. Withdraw the request for an extension, and then we can hear it during the end of the meeting. MS. ADAMS: Yeah, that's fine. CHAIRMAN KAUFMAN: Okay? INVESTIGATOR DAVIS: Okay. MS. ADAMS: The next motion for extension of time is number eight from imposition of fines, Case CELU20130014576, 925 Cypress LLC. (Mr. Adam Kaplan and Supervisor Letourneau were duly sworn.) CHAIRMAN KAUFMAN: Good morning. MR. KAPLAN: Good morning. CHAIRMAN KAUFMAN: You're representing the respondent, or you are the respondent? MR. KAPLAN: I am both. I have a very, very, very minority piece of the LLC, less than one percent. I'm also the general counsel for the LLC. CHAIRMAN KAUFMAN: Okay. Why don't you give us a little quick background, we can go from there. MR. KAPLAN: Sure. Thank you. Thank you, Mr. Commissioner. We have a property here located on 2829 Shore View Drive in Naples, Florida. We've been operating this property for four years. It came to our attention pursuant to Ms. O'Clare from the county of the county's desire that we change our designation of how we are viewed under our business tax license. At that time there came an issue regarding fire safety and the fire Page 10 April 24, 2014 -- the applicability of the fire code to our buildings. I have been in constant contact with Code Enforcement. I've had several meetings with Code Enforcement regarding this. We even commissioned a meeting -- convened a meeting last Monday at my request to discuss where we were in the process here. Fire was there, the County Attorney was there, Mr. Letourneau and members of code enforcement were there. At that time -- at this point the biggest -- the only hurdle that's left in getting our business tax license is the sign-off from the East Naples Fire District. When we met with the fire district originally they were to get back to us with something in writing telling us what we needed to do in there based upon the age of the building and our current request for a business tax license. Fire came back to us approximately two weeks ago, at which time I asked for a meeting. And we met with them as I said on Monday. In our meeting on Monday fire said to me, two members of that group said that they would go back and review the code. As far as they're concerned, they're fire safety code and they would let us know what we needed to do specifically. That's not a problem for us, we're willing to do whatever they tell us to do because that's how it should be. We requested a reasonable extension in order to -- not only to wait for fire, because unfortunately I'm at their mercy at this point, or fortunately. And until I hear from fire I can't do anything else along the business tax request. Now, once we hear from fire, I've made the dedication to code enforcement and to fire that we will immediately start the process of completing whatever task they ask us to complete. That's never been an issue. The question is what is the task. And unfortunately at this point I'm waiting for fire. Page 11 April 24, 2014 CHAIRMAN KAUFMAN: Have they given you any indication of how long it will be until they respond? MR. KAPLAN: When we met on Monday, we had a high ranking official from the Naples fire district there. She agreed that she would respond to us in no more than a three-week period of time. But what she said was she couldn't commit to how long it might take because again she needed to take it up the proverbial food chain until she got us a response. I didn't ask for an inordinate extension here because my hope is she gets to me sooner than later. So that's why I only asked at that point for a 60-day extension. Because again, I need an extension for two reasons: One, to hear back from the fire district, obviously. Two is to implement what they said. Because there's no reason for me to come back to you and say well, now I know and I need another 120 days. That's not the way I want to do business and I know that's not the way the county wants me to conduct my business. So I had asked for 60 days, number one, to hear from them; and number two, to implement whatever they've asked me to do. CHAIRMAN KAUFMAN: Mr. Letourneau, any comments? SUPERVISOR LETOURNEAU: I did receive an email from Mr. Cruz from the fire department this morning saying that they were 90 percent done with the report. I believe Mr. Kaplan's been truthful with whatever he said here. They're kind of held under the gun from the fire department and can't really do anything until they get that determination and tell them exactly what they need to do to get the business tax receipt. CHAIRMAN KAUFMAN: I know there was something that was done by the County Commission this will week in regard to speeding up this whole process. SUPERVISOR LETOURNEAU: You're right. I believe that something was incorporated with the Building and Planning Department, so yeah, hopefully it won't take this long in the future. Page 12 April 24, 2014 But at this time Mr. Kaplan is at the mercy of the fire department. CHAIRMAN KAUFMAN: Any comments from the board? MR. LAVINSKI: Yes. What's the statement here about also allowing transient lodging? SUPERVISOR LETOURNEAU: I'll do a little brief history here. The buildings were originally built in the Sixties as apartment complexes. Sometime after that the only record I have goes back to '88, a previous owner applied for a business tax receipt for a motel. And I believe back at that time the county didn't do like what we do now, zoning certificates, they just saw he had state certificate for a motel, issued the business tax receipt. So from '88 until 2011 they just kept renewing it. Well, when code got involved and realized that they had a motel, we saw that the zoning was residential multi-family and a motel type business wasn't allowed there. I do believe they had transient lodging. At this point I believe they ceased the transient lodging and they're going just for the business tax receipt issue at this point. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: So that's no longer an issue. SUPERVISOR LETOURNEAU: Well, I haven't seen any transient lodging since I started this case, you know, after the case, so I don't think so. MR. LAVINSKI: Is there transient lodging? MR. KAPLAN: No, sir. MR. LAVINSKI: Okay. MR. LEFEBVRE: Will you be required to put fire sprinklers -- what do you think the fire department's going to require you? Because then you're going to probably have to have engineering work done and then actually have to install whatever they're asking you to install. MR. KAPLAN: Well, fire first came to us. They first came to us on extinguishers, which we complied with. In this particular type of Page 13 April 24, 2014 building, given the age of the building, we're not sure, and I'm not going to opine to you something I'm not sure of. What they had suggested to us in our last meeting on Monday was possibly getting just a sophisticated alarm system in there. These are single unit, single room apartments, so ingress and egress is rather easy. It's not their primary concern. Their primary concern is notification. Now, again, I am not going to stand here and give you the opinion of the fire department, I know better. But that's what they suggested to us in the Monday meeting. MR. LEFEBVRE: Because you're asking for 60 days, and let's say the fire department gets back to you in let's say two weeks now, which will be roughly three weeks. To implement an engineer or a company to come out to design the notification system, it's going to take more than 60 days. MR. KAPLAN: To be clear with you, Mr. Commissioner, I don't believe it will, and I'm going to tell you why. We've already started the process regardless. So I have my bases. Now, look, I'm not going to lie to you and tell you it's not likely I'm back here saying I need another 30 or I need another 60. But at this point if they said to me in two weeks you need to put in a sophisticated fire system, direct link to us, everything along those lines, I can have it done two weeks hence from there. I have a company that we've already commissioned to do the work. I'm being a little bit more aggressive. Additionally, and to address your question, sir, last week after our county meeting, I went and met with the neighbors at the property location, and I offered my hand for the first time out to them, giving them all my business cards and suggesting to them if there were any issues regarding the building or anything like that that they could meet with me directly, call me. I gave them my personal cell phone number. So I am being somewhat aggressive in how -- aggressive's not the Page 14 April 24, 2014 right word but conscientious in how I'm handling the issue. I've kept Mr. Letourneau and his staff posted every step of the way, including Ms. O'Clare, and I'll continue to do so. MR. LEFEBVRE: I make a motion that we extend it for 90 days. MR. KAPLAN: Thank you. MR. LEFEBVRE: And it sounds like you are being proactive. MR. KAPLAN: Thank you very much. CHAIRMAN KAUFMAN: I second the motion. Any other discussion from the Board? (No response.) All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. KAPLAN: Thank you. Will I receive paperwork along those lines? MS. ADAMS: You should have an order in approximately 10 days. MR. KAPLAN: Thank you very much. CHAIRMAN KAUFMAN: Should you find yourself where they come out and say you need to put a new roof on there or whatever it is, just come back and we can handle it at that time. MR. KAPLAN: Thank you all very much. Have a great day. MS. ADAMS: The next extension of time is from imposition of fines number 10, Case CESD20120002477, Jose Martinez. (Investigator Rodriguez, Mr. Martinez and Cristina Perez, as interpreter, were duly sworn.) Page 15 April 24, 2014 MS. RAWSON: Just for the record, the respondent is aware that our interpreter works for the county, but it's the only interpreter we could get today. This is not her case. CHAIRMAN KAUFMAN: Okay. Good morning, sir. MR. MARTINEZ: Good morning. CHAIRMAN KAUFMAN: You're requesting, although I don't see -- there is a letter? Today's package, okay. Requesting additional time? INTERPRETER: Yes. MR. LEFEBVRE: Can you ask him how much time he's looking to -- CHAIRMAN KAUFMAN: How much of an extension is he requesting? INTERPRETER: He said another four months. CHAIRMAN KAUFMAN: Because we did have an extension on this I believe at the last hearing. INVESTIGATOR RODRIGUEZ: No, this will be his first extension. CHAIRMAN KAUFMAN: This is the first extension? There was a stipulation last time. INVESTIGATOR RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Okay. Could you ask him what progress has been made on resolving the violation? INTERPRETER: He said he has demolished whatever needed to be demolished. He just needs the inspector to go and verify that it's been done. CHAIRMAN KAUFMAN: If all you need is an inspection, I'm curious as to why four months. INTERPRETER: He said there's another room that he has to try to get a permit for. CHAIRMAN KAUFMAN: Okay. And what is the status of that? Page 16 April 24, 2014 INTERPRETER He says that he's already spoken to some people. CHAIRMAN KAUFMAN: Is there a permit that needs to be pulled on that? INTERPRETER: He says yes, that he has to get a permit for the other room. CHAIRMAN KAUFMAN: Okay. Why don't we check with the county and see what -- INVESTIGATOR RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Mr. Martinez has demoed half of the addition that he was supposed to demo, because he was encroaching. And then at one point he was trying to get his property lines readjusted so that he could leave it. But he was having too many issues, so he just went ahead and demolished it. The second part of it, he has to re-up that permit. But when he re-ups it, it has to be permit by affidavit, as it's already done. CHAIRMAN KAUFMAN: Okay. Has he been working diligently with you on this? INVESTIGATOR RODRIGUEZ: He has. CHAIRMAN KAUFMAN: Any comments from the board? ( • o response.) CHAIRMAN KAUFMAN: Any motions from the Board? (No response.) CHAIRMAN KAUFMAN: If none, I'll make a motion to grant an extension of 120 days. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. Page 17 April 24, 2014 CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INTERPRETER: He says thank you. CHAIRMAN KAUFMAN: You're welcome. MS. ADAMS: Mr. Chairman, just a reminder, there's operational costs for the motion for extension of time. CHAIRMAN KAUFMAN: Okay. Before you go -- what is the amount on that, Kerry? $62.84? MS. ADAMS: Yes. CHAIRMAN KAUFMAN: Let him know that he has extra costs because of today's hearing of $62.84. INTERPRETER: 62.84? CHAIRMAN KAUFMAN: 62.84. INTERPRETER: He says will he receive a document that states that operational cost or does he pay it here? INVESTIGATOR RODRIGUEZ: He should have the document that they mailed in the mail. It should be listed on the bottom of the page. I can give him mine. CHAIRMAN KAUFMAN: He can have -- here's a copy right here. I believe that's 30 days that that has to be paid. Explain that it's within 30 days as well. INTERPRETER Okay, I will pay it immediately, thank you. CHAIRMAN KAUFMAN: Thank you very much. MS. ADAMS: The first stipulation is number eight from hearings, Case CESD20130019399, Dorothy Gill. (Investigator Mucha was duly sworn.) CHAIRMAN KAUFMAN: Good morning, Joe. INVESTIGATOR MUCHA: Good morning. For the record, Joe Mucha, Collier County Code Enforcement. Page 18 April 24, 2014 This is in regards to Case CESD20130019399. On the 15th of this week I met with the property owner, Dorothy Gill, and we reached an agreement. She's agreed to pay operational costs in the amount of$64.34 incurred in the prosecution of this case within 30 days of this hearing, and to abate all violations by obtaining all required Collier County building permits or demolition permits, inspections and certificates of completion/occupancy within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: My question, Joe, is is the attic conversion and the garage conversion, are they occupied or vacant? INVESTIGATOR MUCHA: They have been vacated. CHAIRMAN KAUFMAN: Okay. And the respondent understands they must stay vacant until the C.O. is issued? INVESTIGATOR MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: I guess is she trying to get multiple units'? INVESTIGATOR MUCHA: No, she's not. MR. LEFEBVRE: Okay, because I was going to ask, is it zoned for -- INVESTIGATOR MUCHA: It's zoned single-family. CHAIRMAN KAUFMAN: Okay. So the two sheds, they'll be demolished or they'll be -- Page 19 April 24, 2014 INVESTIGATOR MUCHA: I think they're going to try and keep them. They've got a few different options. They might have to attach them to the house, maybe, because I don't think they're going to meet setbacks, or they'll be removed. CHAIRMAN KAUFMAN: Okay, any other comments from the board? (No response.) CHAIRMAN KAUFMAN: Any motions from the board? MR. LAVINSKI: Motion to accept the stipulation as written. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed'? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next stipulation is number six from hearings, Case CESD20130016171, Sonia J. Landestoy. (Investigator Crawley was duly sworn.) CHAIRMAN KAUFMAN: Good morning. Looks like today is a day that lots of people are missing, not only from the board but from the cases themselves. Okay, why don't you -- this was a room addition. Why don't you give us a quick little background and then what the stipulation says. INVESTIGATOR CRAWLEY: The violations were for a room added to rear of main structure, alterations made to accessory structure such as but not limited to windows, doors, second story porch, all of which were completed prior to obtaining Collier County building Page 20 April 24, 2014 permits. Therefore it is agreed between the parties that the respondent shall pay operational costs in the amount of$63.44 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Obtaining all required Collier County building permit or demolition permit, inspections and certificate of completion/occupancy within 120 days of this hearing or a fine of 200 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance, and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay, any questions from the board? (No response.) CHAIRMAN KAUFMAN: I have one question. Is the additional room occupied or vacant? INVESTIGATOR CRAWLEY: It is vacant. CHAIRMAN KAUFMAN: And the -- are they going forward, do you know, a permit by -- INVESTIGATOR CRAWLEY: They are trying to obtain a permit; however, they have to go through a variance because there's some setback issues. CHAIRMAN KAUFMAN: Okay. Any other comments from the board? MR. LAVINSKI: Motion to accept the stipulation as written. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. Page 21 April 24, 2014 All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. ADAMS: The next stip is number three from hearings, Case CEOCC20140002473, 4641 17th Avenue Southwest Land Trust. (Investigator Crawley was duly sworn.) CHAIRMAN KAUFMAN: You look familiar. Why don't you give us a little background on this one. INVESTIGATOR CRAWLEY: Operation -- for the record, Colleen Crowley, Collier County Code Enforcement. Operation of automobile repair business from residential zoned property. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $63.74 incurred in the prosecution of this case within 30 days of this hearing; cease operation of automobile repair business from residential zoned property within three days of this hearing or a fine of 150 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. Page 22 April 24, 2014 CHAIRMAN KAUFMAN: Okay, comments from the board? MR. LAVINSKI: Motion to accept as written. MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. ADAMS: The next stip is number two from hearings, Case CESD20130018181 Pineland Properties, LLC. (Mr. David Dunnavand and Investigator Eric Short were duly sworn. CHAIRMAN KAUFMAN: Mr. Dunnavand, you're a principal in this company? MR. DUNNAVAND: I am not. I'm here on behalf of Pineland Properties. They've authorized me to get this resolved for them. CHAIRMAN KAUFMAN: Okay. Do you have a -- MR. DUNNAVAND: Yes, sir. CHAIRMAN KAUFMAN: Why don't you give a copy to the court stenographer. Eric, you want to the read the stipulation? INVESTIGATOR SHORT: For the record, Investigator Eric Short, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: One, pay all operational costs in the amount of $64.64 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by: Obtaining all required Collier County Page 23 April 24, 2014 building permits or demolition permit, inspections and certification of completion/occupancy within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Three: The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Four: That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance, and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You understand the stipulation as it was read? MR. DUNNAVAND: Very much. CHAIRMAN KAUFMAN: And no problems? MR. DUNNAVAND: No problem. I mean, a tenant -- out-of-town owner, a tenant started some work without a permit. Thought he was going to resolve it. Realized about two weeks ago just ahead of the hearing it wasn't going to be resolved. So he contacted me and said please get this resolved. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: I'm just wondering what kind of work was started by the tenant. MR. DUNNAVAND: They started to build a walk-up -- I mean a bar. There was a counter in a restaurant and they just made a bar. It's plywood and some stuff, and they sheeted one wall with new drywall because it was stucco. MR. LEFEBVRE: So it wasn't like removal of any time partition walls between units or anything like that. MR. DUNNAVAND: You can ask Investigator Short. I've been in the building and it appears that no structural items have been Page 24 April 24, 2014 addressed. INVESTIGATOR SHORT: It is a freestanding structure. There's no utilities connected to the structure at this time. MR. LEFEBVRE: Very good. Make a motion to grant the -- or to accept the -- MR. MIESZCAK: Motion to approve -- MR. LEFEBVRE: -- stipulated agreement. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. DUNNAVAND: Thank you. MS. ADAMS: Next stip is number nine from hearings, Case CESD20130014804, Antone C. Mendes. (Mr. Antone Mendes and Investigator Short were duly sworn.) CHAIRMAN KAUFMAN: Okay, why don't you read the stipulation. INVESTIGATOR SHORT: For the record, Investigator Eric Short, Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay operational costs in the amount of $63. 14 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certification of completion/occupancy within 90 days of this hearing or a fine of$200 per day will be imposed until Page 25 April 24, 2014 the violation is abated. Three: The respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform the site inspection to confirm compliance. 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 bring -- to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You understand the stipulation that you've agreed to? MR. MENDES: Yes, sir. CHAIRMAN KAUFMAN: And you have no problem with the 90 days? MR. MENDES: No, sir. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. LEFEBVRE: It just appears that these properties are in close proximity to each other, the last case and this case. INVESTIGATOR SHORT: Yes, they are neighboring properties. MR. LEFEBVRE: They're neighboring properties. Could the respondent state his name for the record. MR. MENDES: My name is Antone Mendes. MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MR. MIESZCAK: Second. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second, take your choice. All those in favor, say aye. MR. LAVINSKI: Aye. Page 26 April 24, 2014 MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. MENDES: Thank you for your time. MS. ADAMS: The next case is number four from hearings, Case CESD20140004169, Manuel Lorenzo. (Investigator Davis was duly sworn.) INVESTIGATOR DAVIS: Good morning again. For the record, James Davis, Collier County Code Enforcement. This is in reference to Case No. CESD20140004169, dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06, 10.02.06(B)(1)(A), a modified grow house with garage destroyed by the fire located at 2620 Second Street Northeast, Naples, Florida, 34120. Folio No. 37696560008. Service was given on March 7th, 2014. I'd like to now present case evidence in the following exhibits: Two photos. MR. MIESZCAK: Motion to accept the photos. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Motion and a second to accept the photos. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. 'MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Page 27 April 24, 2014 INVESTIGATOR DAVIS: I want to correct the section of the code. It's Section 10.02.06(B)(1)(a). CHAIRMAN KAUFMAN: Okay. INVESTIGATOR DAVIS: Responding to a complaint, I visited the property and noticed the garage had been destroyed by fire. Upon further research I found that the fire was related to a garage that was being used as a marijuana grow house. As of today the violation remains. CHAIRMAN KAUFMAN: Okay. And the respondent is not present today. INVESTIGATOR DAVIS: He actually is deceased. He was in prison and now he's deceased. We actually have another case on it with a separate investigator for the property maintenance. And the relatives are all going through probate right now to see who's going to get that property, so that's where it stands right now. CHAIRMAN KAUFMAN: Okay. Get a motion from the board if a violation exists. MR. MIESZCAK: Motion a violation exists. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation does exist. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. And you have a suggestion for us? INVESTIGATOR DAVIS: Yes. That the Code Enforcement Page 28 April 24, 2014 Board orders the respondent to pay all operational costs in the amount of $65.24 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permits, inspections and certificates of completion and occupancy within blank days of this hearing.or a fine of blank dollars a 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 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 Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay, any questions from the board? (No response.) CHAIRMAN KAUFMAN: Any suggestions'? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make mine. I suggest a fine of $65.24 paid within 30 days, a fine of $500 a day after 30 days. MR. LEFEBVRE: You mean operational costs of 65? CHAIRMAN KAUFMAN: That's correct. MR. LEFEBVRE: Yeah, you said fine. CHAIRMAN KAUFMAN: I'm sorry. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Page 29 April 24, 2014 Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LEFEBVRE: Just a comment. It looks like this property is in foreclosure also; is that correct? INVESTIGATOR DAVIS: It is. MR. LEFEBVRE: From last year, actually. About one year ago. INVESTIGATOR DAVIS: It is. MR. LEFEBVRE: Okay. Have you been in contact with the bank at all? INVESTIGATOR DAVIS: We have. When we spoke with the bank, they said they had no interest in the property. So I don't know if they're going to go through with the foreclosure process on this at this time. But the letter that we received from them stated that they have no interest in this property. And I think that's why it's in probate with the relatives. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I think this one's going to be one that the county's going to have to abate. Thank you. MS. ADAMS: The next case is from number six, old business, A, motion for imposition of fines/liens. Number one, Case CESD20110000425, Elidia Garcia. (Salvador Garcia, sworn as the interpreter, Miguel Garcia, Elidia Garcia and Investigator Davis were duly sworn.) CHAIRMAN KAUFMAN: This was the case that we denied the extension of time earlier today? INVESTIGATOR DAVIS: Yes, sir. CHAIRMAN KAUFMAN: Why don't you present the case. INVESTIGATOR DAVIS: Board of County Commissioners versus Elidia Garcia. Violation: Ordinance 04-41, the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(A). Location: 1275 18th Avenue Northeast, Naples, Florida, 34120. Page 30 April 24, 2014 Folio 37807200005. The description is Permit 2004062889 expired on 7/23 of'05. No certificate of occupancy was issued. The past order: On February 23rd, 2012, the Code Enforcement Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4772, Page 1317, for more information. On March 28th, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board, OR 4909, Page 3205, for more information. This violation has not been abated as of April 24th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$150 per day for the period between March 29th, 2014 to April 24th, 2014, 27 days, for a total fine amount of $4,050. Fines continue to accrue. Previously assessed operational costs of $80.86 have not been paid. Operational costs for today's hearing is $63.74 for a total amount to date of$4, 194.60. CHAIRMAN KAUFMAN: Okay. Just so you know, we generally don't consider anything until the operational costs have been paid. And as far as I can see, they have not been paid on this, not the cost of $80.86, today's operational cost of 63.74. Just so you understand that. MR. SALVADOR GARCIA: Okay, on the case management we have actually a year ago that we offer an extension and we were able to pass an amount of 10 inspections, which I have the Collier County inspection card here. And we -- I have the contract for the septic for the drain field is already in contract. And we spoke to the -- yesterday we agreed on the price for the septic for the new drain field. And the sanitation Page 31 April 24, 2014 contractor told us that once he got everything through the health department and everything, he would be able to finish the septic. He said in approximately four weeks; that's what he told us. Like I said, we did pass like 10 inspections, which I have proof. We were trying to finish the property, except that, as you know, there is no loan, we're basically trying to finish it out of pocket. And we're just -- we're trying to finish it as we go. I mean, we passed -- yesterday, actually I passed final electrical and final mechanical. And here's the list if you want to have all the inspections that have been passed. CHAIRMAN KAUFMAN: Actually, at this point until the 80.86 has been paid, we're not going to hear anymore. So are you prepared to pay the operational costs today? MR. SALVADOR GARCIA: Oh, yes, absolutely. CHAIRMAN KAUFMAN: Okay. We need to arrange that -- you can make that part of your evidence after you -- why don't you go downstairs and resolve that with the operational costs and then we can accept what's there and then you can come back and we finish this case up at that time. Unless you have a suggestion. INVESTIGATOR DAVIS: That sounds good to me. MR. LEFEBVRE: Or let's make an agreement that this will be paid today and we move forward. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: That way we don't -- MR. SALVADOR GARCIA: Yeah, we're prepared to pay it today. MR. MIGUEL GARCIA: Another thing that I want to mention. You know, all year long we've been working on the house. You know, we just have four more inspections to go. MR. SALVADOR GARCIA: Five more inspections. MR. MIGUEL GARCIA: Three of them is for the septic, and this company's going to take care of them and get the final. Page 32 April 24, 2014 CHAIRMAN KAUFMAN: You said the company said that they could do everything in four weeks? MR. SALVADOR GARCIA: Well, that's what -- MR. MIGUEL GARCIA: The thing is that the septic -- the permit from his department expired. So the company that we hire, they're trying to -- they're going to get the permit back on order in and get it done. CHAIRMAN KAUFMAN: Well, if the permit expired, I guess you have to apply for a new permit; am I correct? MR. MIGUEL GARCIA: We call on -- he call the Health Department, because we're not changing anything. He said all we have to do is just pay like $280 to renew the permit. Because everything stays as it is. That's my understanding. INVESTIGATOR DAVIS: Since it's a new company, they have to reapply for the permit. CHAIRMAN KAUFMAN: Okay. But I see here that you're requesting six months. MR. MIGUEL GARCIA: Well, I wanted to request six months because like I say, I had several calls for the septic system. One of them was like 15,000, 20,000. I got this company, they're doing it for 8,800. So I went and signed the contract with them. So I already gave them the payment and everything. So as soon as -- like I say, as soon as they finish, we take care of this. They are only five inspections, including three that they're going to do. CHAIRMAN KAUFMAN: My concern on this is that it's been going on and on and on. MR. MIGUEL GARCIA: The only thing is, sir, the thing is, this house is not like 500 square feet. This is a whole new house. It's a 3,000 square feet house. Which like I say, we don't -- we haven't been able to get a loan for the house, so we've been trying to, you know, everything as we can. And like I said, we've been paying, you know, installation, 6,000; AC 10,000; windows and doors, 16,000; roof, Page 33 April 24, 2014 12,000; drywall, 8,500; trim, 9,000. And it's -- it's not like one little room that we can finish in three days. CHAIRMAN KAUFMAN: No, I understand. We're not here to rehear the case. MR. LEFEBVRE: Let me ask a couple of questions. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: This house is not occupied, I take it? MR. MIGUEL GARCIA: No. MR. SALVADOR GARCIA: No. MR. LEFEBVRE: This is what I'm going to do. I'm going to grant an extension. I guess that's -- MR. MIESZCAK: Maybe. MR. LEFEBVRE: Well, I make a motion to grant an extension. MS. RAWSON: Well, let me just say, procedurally you guys have already denied the extension. So you're going to have to reopen that first case. MR. LEFEBVRE: Were they here originally? MR. MIGUEL GARCIA: No, we were late. MR. SALVADOR GARCIA: A little late. I'm sorry. MR. LEFEBVRE: Because we heard this. MR. SALVADOR GARCIA: Yeah. MR. LEFEBVRE: So please tell me how to do that. MS. RAWSON: Well, I think you need to go back and say that you'd like to reopen under motions for extension of time, number one, because now they're here. And I think your concerns were twofold: They weren't here to ask; and second, they hadn't paid the costs. So you'd have to reopen that case now that they're here and sort of start again. MR. LEFEBVRE: Do we have to close this case? MS. RAWSON: Well, that's interesting. MR. LEFEBVRE: That's why you're here. CHAIRMAN KAUFMAN: Does the county want to withdraw Page 34 April 24, 2014 the case at this point and then bring it in? MS. RAWSON: Well, they may not want to do that if you don't grant the extension. CHAIRMAN KAUFMAN: Okay. Well, I'm just asking. MS. RAWSON: So what I would suggest that you do is why don't you postpone the imposition of fines case, reopen the motion for extension case. And then depending on your decision on that, then you can either move forward with the other one or, you know, maybe the county might withdraw it. CHAIRMAN KAUFMAN: Can't we just postpone without doing anything else? MS. RAWSON: Well, yes, you can postpone this. CHAIRMAN KAUFMAN: Okay. So that might be what you're looking for, Gerald. Postpone this for 60 days or 90 days? MS. RAWSON: Oh, not the whole thing, I wouldn't do that. MR. LEFEBVRE: If we agree -- part of my motion is going to require them to pay the operational cost for the previous hearing and this hearing, so we have to go in that order. So I make a motion to postpone this case. MS. RAWSON: Extension of-- MR. LEFEBVRE: Let me do it this way: I make a motion to postpone this case and reopen the extension of-- so it's one motion. MS. RAWSON: Right. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: Why don't we impose the fine and worry about it if the job gets completed. MR. LEFEBVRE: Well, there's a motion on the table right now. So I make a motion to postpone this case and reopen the extension of time case. MR. LAVINSKI: I disagree with that, but -- MR. LEFEBVRE: Do I have a second? CHAIRMAN KAUFMAN: I'll give you a second for discussion Page 35 April 24, 2014 purposes. MR. LAVINSKI: I feel the easiest way is to impose the fine and if the progress goes on, if it gets completed, because like you say, we're talking two, two and a half years, we can abate the fine at that time. MR. LEFEBVRE: We can't abate it once it's imposed. Then it has to go to the County Commissioners. So this way it will stay within this venue. MR. LAVINSKI: For another year? MR. LEFEBVRE: I'm not -- I can't discuss what I'm going to propose next, but -- there's a motion and a second. CHAIRMAN KAUFMAN: Larry'? We have a motion and a second. Larry, do you have any discussion on this? MR. MIESZCAK: Just one question. As long as this was going on, have you always been on this project or did you come in late? MR. SALVADOR GARCIA: No, we have -- MR. MIESZCAK: You've been on this project since 2010? MR. SALVADOR GARCIA: Sir, as far as the -- we work and we have to -- the thing is that if we pay for every single thing, we're never going to complete it. I mean, we're just working to -- MR. MIESZCAK: No, I want to ask this: How long have you been on this project, since it started'? MR. MIGUEL GARCIA: Since we got it. Because the thing is, this house, when my mom got the property, it was in foreclosure. And that addition was on the house already. You know, we didn't start the building. It was in the house. We bought it with -- I mean, the permit was expired -- MR. MIESZCAK: Let me stop one thing. What I'm after is Elidia Garcia is the one that sent this letter. And I'm thinking did you start with her in the beginning or did you come on the scene late'? MR. MIGUEL GARCIA: No, we started in the beginning. Page 36 April 24, 2014 MR. MIESZCAK: Okay, that's what I wanted to know. Thank you. MR. MIGUEL GARCIA: And one more thing. I mean, we're asking six months. We're -- I don't think that we're going to need the six months. CHAIRMAN KAUFMAN: We have to call the question. All in favor, say aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Passes 3-1; is that correct? MR. LAVINSKI: Yes. CHAIRMAN KAUFMAN: Okay, passes 3-1 . MS. RAWSON: Now, what passed is to reopen -- MR. MIESZCAK: Postpone. MS. RAWSON: Postpone and reopen. CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: Okay. MS. RAWSON: So now you don't need to go back to the first number one under extension. MR. LEFEBVRE: Now we're reverting back to originally when we heard the extension of time and you weren't here. So this is my proposal, or my motion: My motion is to grant you 45 days and have the operational costs, both the $80.86 and the 63.74 paid today before you leave this room. And I did some quick math and someone might want to double check it but I have 144.60 will be paid today before you leave. And I would agree to that motion. CHAIRMAN KAUFMAN: Okay, my question on your motion is 45 days'? MR. LEFEBVRE: 45 days. CHAIRMAN KAUFMAN: Why not make it an even month, since that's when we meet, 60 or 30? Page 37 April 24, 2014 MR. LEFEBVRE: Which would be the -- CHAIRMAN KAUFMAN: Well, you have the septic done. I would recommend 60. MR. LEFEBVRE: Okay, 60. I make a motion for 60. MR. MIESZCAK: I like 60. MR. LEFEBVRE: Okay, I'll amend my motion to 60 days. MR. MIESZCAK: I'll second it. CHAIRMAN KAUFMAN: And the second, 60 days. Discussion on the motion. Jeff, do you have a question'? MR. WRIGHT: Mr. Chairman, if I may, I just want to make sure the 60-day extension is not on their compliance date; it's just for the imposition of the lien that's before you today. CHAIRMAN KAUFMAN: Yeah, they were found in violation. MR. WRIGHT: Yeah, that's a done deal as far as I'm concerned. CHAIRMAN KAUFMAN: That's a done deal. MR. LEFEBVRE: The extension of just the fines. MR. WRIGHT: Okay. So we won't be imposing today, we're pushing it back 60 days, we'll bring it back at that point; is that the -- MR. LEFEBVRE: Correct. Then if it's completed within the 60 days, then there won't be any imposition of fines. CHAIRMAN KAUFMAN: Well, we can abate it at that time. Because it has to be abated, not just forgotten about. MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: So to explain the motion, we have a motion and a second. Let's vote on it first and we can go from there. Let me explain to the board. In 60 days if it's completed, the case comes back, and then at that time we can abate the fine or impose the fine. Typically it's abated if it's all completed. If it's not completed, we can impose the fine. MR. LEFEBVRE: And the fines will be from the 29th of March; is that correct? CHAIRMAN KAUFMAN: Yes. That was the original -- from Page 38 April 24, 2014 there to April 24th. So now it will be 'til 60 days from now. Any questions from the board on -- MR. MIESZCAK: I think that's fair. CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed'? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So you -- you have 60 days to get everything done. In 60 days, you're going to come back here. Don't be late. Because -- I'm serious. Because sometimes cases are heard and the people are not here to defend themselves properly. In 60 days. You will have paid the operational cost today, okay. And in 60 days if you have everything done, you'll notify code enforcement that everything is done, they'll inspect or whatever they need to do. And typically what happens when a code is abated, we will abate the fine. If it's not done, we will probably impose the fine. Okay? Now, do you have any questions on that? MR. SALVADOR GARCIA: Well, my only question was, let's say like you were saying, he was saying, the -- if the permit for the Health Department is expired, what would happen if the septic company takes longer to finish up the job? What will happen'? CHAIRMAN KAUFMAN: Well, you're going to be back here in 60 days and we're going to find out the answer to that. MR. SALVADOR GARCIA: Oh, okay. MR. LEFEBVRE: I've got to be very honest with you, I probably will not do what I did today and agree to change it for another 60 days. I've got to be very honest with you. Because this has Page 39 April 24, 2014 been going on way too long. It's over two years now. So I'll probably be with Mr. Lavinski at that point. MR. SALVADOR GARCIA: Okay, thank you. MR. MIGUEL GARCIA: Thank you. MS. RAWSON: Now you've got to deal with number one under motion for imposition of fines. Because it's still out there. It was just postponed. MR. LEFEBVRE: Could that case be withdrawn'? MS. RAWSON: Well, the county can. MR. LEFEBVRE: That's what I'm asking. MR. WRIGHT: It's either that or some form of order, and I'm not sure that that would be consistent with historical practice to have a recorded order under these circumstances. MS. RAWSON: Well, we'll have a recorded order that they have 60 days and that they have to go pay the cost today. So they'll be back in 60 days. MR. WRIGHT: That that's really the substance of the lien that was before you. CHAIRMAN KAUFMAN: And that the time still accrues. MR. WRIGHT: Yeah, I think technically, and this might be captured in the first order, but we're continuing this matter for 60 days. MS. RAWSON: Correct. CHAIRMAN KAUFMAN: Correct. MR. WRIGHT: Okay. And as long as that's captured in one order and it's recorded, we're comfortable. CHAIRMAN KAUFMAN: Gerald brought that up, and he said the fines are from March 29th all the way through. They don't start again today; is that correct'? INVESTIGATOR DAVIS: I think you're giving him a space of 60 days here, right? MR. WRIGHT: I think the fines continue to run. MR. LEFEBVRE: Exactly. That's what my motion -- Page 40 April 24, 2014 CHAIRMAN KAUFMAN: That's what he said. MS. RAWSON: I think I'm going to call it a motion for continuance instead of a motion for an extension of time. CHAIRMAN KAUFMAN: Okay. MS. RAWSON: And then they'll just be back here in 60 days. And we'll see if they paid all the costs. MR. LEFEBVRE: Typically when we give an extension, it means the fines stop. MS. RAWSON: Yes. MR. LEFEBVRE: This isn't an extension, this is a continuance. MR. WRIGHT: Right. MR. LEFEBVRE: Okay. I want to be very clear about that. Thank you. Why was this one so difficult? I mean, this is like probably the first time -- CHAIRMAN KAUFMAN: Probably because they weren't here initially. And based on the paper that we had, that was kind of a slam dunk. MR. LEFEBVRE: So we had to undo -- MR. MIESZCAK: Yeah, we backed up. But I think we did the right thing. CHAIRMAN KAUFMAN: Yes. MR. MIESZCAK: And it showed good compassion. Makes sense to me. MS. ADAMS: Mr. Chairman, for case number two, Michael and Amy Facundo, we've been advised that the respondent is on the way and they'd like to be moved to the end. So if that's all right with -- MR. MIESZCAK: Which one is that? MS. ADAMS: -- with the board? Number two under motion for imposition of fines, Michael and Amy Facundo. MR. MIESZCAK: That was an extension also. Page 41 April 24, 2014 MR. KAUFFMAN: Right, that was an extension also. CHAIRMAN KAUFMAN: What's the name on that? MS. ADAMS: The extension was denied. MR. LEFEBVRE: Right. But it's going to be a similar circumstance to this one. MS. ADAMS: Right. But they're on their way, so they wanted to be moved to the end so that we can wait for them to get here. MR. LEFEBVRE: Well, let's wait 'til they -- MS. ADAMS: Yeah, they're next in line, but if we can move them to the end. MR. LEFEBVRE: I make a motion to amend the agenda to put case number two, Michael and Amy Facundo at the end of our hearing. MR. MIESZCAK: I'll second that. CHAIRMAN KAUFMAN: All those in favor? MR. LAVIN SKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. The agenda is modified. MS. ADAMS: Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. ADAMS: Number four under motion for imposition of fines, Case CEPM20130004926, Lloyd L. Bowein. (Supervisor Snow was duly sworn.) CHAIRMAN KAUFMAN: I remember this. I think everything is done on this one now? SUPERVISOR SNOW: Yes, sir, it is. CHAIRMAN KAUFMAN: Okay. And the county recommends Page 42 April 24, 2014 that we? SUPERVISOR SNOW: Yes, we do. CHAIRMAN KAUFMAN: Okay, and we will. Okay. SUPERVISOR SNOW: Mr. Chair, would you like me to read it into the record? CHAIRMAN KAUFMAN: Yes, why don't you do that. SUPERVISOR SNOW: Okay, thank you. This is Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Property Maintenance Code, Section 22-231(12)(C) and (I); Section 22-228(1); and Ordinance 04-41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(l)(A) and (E). The location is 584 105th Avenue North, Naples, Florida, 34108. The folio number is 62842560005. And the description is the soffits and the roof in need of maintenance. Windows are screwed shut and not operable. Past orders: On June 27th, 2013 the Code Enforcement Board issued a Finding of Fact and Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4942 and Page 3850 for more information. On September 26th, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 4973, and Page 2029 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 and Page 3021 for more information. The violation has been abated as of April 22nd, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of $150 per day for the period between March 25, 2014 to April 22nd, 2014, 29 days, for a total of $4,350. Previous assessed operational cost of $81 . 15 have been paid. The total amount to have date is $4,350. Page 43 April 24, 2014 Due to the abatement of the operational cost, the violation, Collier County recommends the full abatement of the fines described above. MR. MIESZCAK: Motion to abate. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Motion to abate and seconded. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. I think we're going to take a 10-minute break for the old people on the board who need to visit the facilities. SUPERVISOR SNOW: Yes, thank you, board. (Recess.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. And we have another case to start. MS. ADAMS: The next case is number five from imposition of fines, Case CESD20130001772, Ljubinka Pavicevic. (Supervisor Letourneau was duly sworn.) SUPERVISOR LETOURNEAU: Once again, for the record, Jeff Letourneau, Collier County Code Enforcement. Violation of Ordinance 04-41 , as amended, the Collier County Land Development Code, Section 10.02.06(B)(1 )(a). Location: 4638 Robin Avenue, Naples, Florida, 34104. Folio No. 32483160001 . The violation description is a garage conversion without first obtaining Collier County building permits, and permit number Page 44 April 24, 2014 2004121935 for double doors at the rear of the structure without certificate of completion/occupancy. Past order: On June 27th, 2013 the Code Enforcement Board issued a Finding of Fact, Conclusion of Law and Order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached Order of the Board OR 4942, Page 3836 for more information. On November 22nd, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 5014, Page 3023 for more information. The violation has been abated as of April 22nd, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of $200 per day for the period between March 23rd, 2014 to April 22nd, 2014, 31 days, for a total fine amount of $6,200. Previously assessed operational cost of $80.29 have been paid. Total amount to date, $6,200. Due to the abatement of the operational costs and violation, Collier County recommends the full abatement of the fines described above. MR. MIESZCAK: Motion to abate. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to abate the fines. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed'? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is number six, Case Page 45 April 24, 2014 CESD201.2001800, Yanelis Gil. (Investigator Davis was duly sworn.) INVESTIGATOR DAVIS: For the record, James Davis, Collier County Code Enforcement. Violation of the Ordinance 04-41 , Collier County Land Development Code, as amended, in Section 10.02.06(B)(1)(a). Location: 4865 46th Street Northeast, Naples, Florida, 34120. Folio 39029080001 . Description: An incomplete unpermitted addition to the rear of the home. Past orders: On March 28th, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4909, Page 3201 for more information. October 24th, 2013 the Code Enforcement Board grant an extension of time to comply. See the attached Order of the Board OR 4982, Page 2962 for more information. The violation has been abated as of April 24th, 2014. They abated this this morning. Fines and costs to date are follows: Fines have accrued at a rate of $150 per day for the period between March 24th, 2014 to April 24th, 2014, 32 days, for a total fine amount of $4,800. Fines -- previously assessed operational costs of $80 have been paid. Operational costs for today's hearing is $63.74. Total amount to date: $4,863.74. And the county recommends due to the abatement that the fines be abated. MR. MIESZCAK: Motion to abate. CHAIRMAN KAUFMAN: We have a motion. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? Page 46 April 24, 2014 MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) MR. LEFEBVRE: Just to make a note that the abatement would not include the operational costs for today's hearing, because there wasn't technically a hearing. INVESTIGATOR DAVIS: Correct. MR. LEFEBVRE: Because you said -- you added that in as an abatement. INVESTIGATOR DAVIS: Oh, did I? MR. LEFEBVRE: Yes. MR. LAVINSKI: So those costs don't apply. CHAIRMAN KAUFMAN: No MR. LEFEBVRE: All right. So if you just total $4,800 would be the total. INVESTIGATOR DAVIS: Okay. MS. ADAMS: The next case is number nine, Case CEPM20140001070, Charles D. Brown. (Supervisor Snow was duly sworn.) CHAIRMAN KAUFMAN: Okay, Kitchell, you're on. SUPERVISOR SNOW: For the record, Kitchell Snow, Collier County Code Enforcement. This is related to violations of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231 . 1 , Section 22-231 (2), and Section 22-231 (4), and Section 22-23(11). The location is 414 Third Street South, Immokalee, Florida, 34143. Folio is 74031280003. And description is failure of the property owner to provide Page 47 April 24, 2014 electric and water supply to an occupied rental dwelling. Past orders: On January 23rd, 2014 the Code Enforcement Board issued a Findings of Fact and Conclusion of Law and Order. The respondent was found in violation of the referenced ordinances and ordered to correct the violations. See the attached Order of the Board OR 5014 and Page 3065 for more information. The violation has been abated as of January 24th, 2014. Fines and costs to date are as follows: Previously assessed operational cost of $80.57 have not been paid. Total amount to date is $80.57. CHAIRMAN KAUFMAN: An unusual case in that the operational costs have not been paid. SUPERVISOR SNOW: Yes, sir. CHAIRZMAN KAUFMAN: And typically we impose the fine. And this is the only fine that's there, so -- SUPERVISOR SNOW: Yes, sir. If you remember, this was a case when he abated it very quickly and we tried to convince him to pay the operational cost. He just hasn't done that. MR. LAVINSKI: Motion to impose. CHAIRMAN KAUFMAN: We have a motion to impose. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: And a second. All those in favor'? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is number 11, Case CESD20130003648, Jose Emilio Morales. Page 48 April 24, 2014 (Investigator Asaro was duly sworn.) CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR ASARO: Good morning. For the record, Tony Asaro, Collier County Code Enforcement Department. CHAIRMAN KAUFMAN: You want to read this? INVESTIGATOR ASARO: Sure. Board of County Commissioners versus Jose Emilio Morales, 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). Location is 3745 Randall Boulevard, Naples, Florida, 34120. Folio No. is 40183520001 . Description is unpermitted electric plumbing and alterations throughout the main structure, unpermitted shed and unpermitted electric and plumbing. On November 22nd, 2013 the Code Enforcement Board issued a Finding of Fact, Conclusion of Law and Order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 5002, Page 1020 for more information. The violation has not been abated as of April 24th, 2014. Fines and costs to date are as follows: Fines have accrued at the rate of $500 per day for the period between December 23rd, 2013 to April 24th, 2014, 123 days, for a total fine amount of $61 ,500. Fines continue to accrue. Previously assessed operational costs of $80.86 have not been paid. Operational costs for today's hearing is $62.54. Total amount to date is $61,643.40. MR. MIESZCAK: Motion to impose the fine. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. Page 49 April 24, 2014 All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR ASARO: Thank you. MS. ADAMS: The next case is number 12, Case CENA20130010827, Orange Blossom Naples LLC. (Investigator Crowley was duly sworn.) INVESTIGATOR CROWLEY: For the record, Michele Crowley, Collier County Code Enforcement, Environmental Specialist. The violation: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(D). Location: 6619 Yarberry Lane, Naples, Florida, 34109. Folio 237280004. Description of violation: The accumulation of prohibited exotic vegetation on an unimproved property when the exotics are located within a 200-foot radius of an improved property located in a recorded or unrecorded subdivision. Past orders: On January 23rd, 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 5014, Page 3053 for more information. The violation has been abated as of yesterday, April 23rd, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$300 per day for the period between February 23rd, 2014 to April 23rd, 2014, 60 days, for a total fine amount of $18,000. Page 50 April 24, 2014 Previously assessed operational costs of $101 .62 have not been paid. Total amount to date, $18, 101 .62. CHAIRMAN KAUFMAN: These people should have paid their operational costs. It could have saved themselves a few dollars and some headaches. Any motion from the board? MR. MIESZCAK: Motion to impose the fine. MR. LAVINSKL Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CI-IAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR CRAWLEY: Thank you. MS. ADAMS: The next case is number 13, Case CESD20130000332, Jason T. Brick. (Mr. Brick and Supervisor Snow were duly sworn.) SUPERVISOR SNOW: Before we begin, for the record, Kitchell Snow, Collier County Code Enforcement. I spoke to Mr. Brick this morning. He did some research on his property. This is going to be a permit by affidavit. It's in the county's hand. It is being reviewed. Before the county would read this, I did talk to Mr. Brick and he can testify to this. He just needs 30 days so he can come into compliance. He feels that it will be done. The county said it would take a week. So if a continuance -- if we could just continue this for 30 days Page 51 April 24, 2014 and then we can bring it back and the board could either waive or not waive the fines, it's up to your discretion, but he's very close to coming in compliance. MR. LEFEBVRE: How about withdrawing the case? SUPERVISOR SNOW: Well, we have to bring it back before this because it was your order to bring it back. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: 30 days you think would be sufficient time for a continuance? MR. BRICK: All the paperwork's turned in. I just need them to come and check it out. MR. MIESZCAK: I'll make a motion for 30 days extension. MS. RAWSON: A continuance. CHAIRMAN KAUFMAN: Continuance. SUPERVISOR SNOW: The fines continue to accrue. CHAIRMAN KAUFMAN: That's correct. MR. LAVINSKI: Second. CHARMAN KAUFMAN: We have a motion for a continuance of 30 days and a second. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed'? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. SUPERVISOR SNOW: Thank the board. MR. LEFEBVRE: One thing. It says previously assessed operational cost of 64.43 have not been paid and then operational cost for today's hearing of 64.64. So -- CHAIRMAN KAUFMAN: I'm a little confused myself why -- Page 52 April 24, 2014 MR. BRICK: I wasn't aware. CHAIRMAN KAUFMAN: Oh, there was a second hearing. SUPERVISOR SNOW: There was a second hearing of an extension of time. CHAIRMAN KAUFMAN: That's correct. So it looks like -- MR. BRICK: I'll pay 'em today. I didn't know I had -- I didn't even know I had this court case 'til I turned in my paperwork and Renald Paul told me, he goes, you have court on Thursday and I was like, oh, my God. SUPERVISOR SNOW: Make that part of your order. CHAIRMAN KAUFMAN: Can you give a copy of-- SUPERVISOR SNOW: I will. I've got it in my hand. I'll give it to him. CHAIRMAN KAUFMAN: Okay, great. MR. BRICK: Yeah, I actually brought a check in my pocket in case there was any of that, so -- SUPERVISOR SNOW: And that's part of your order, correct, that these two be paid'? MR. LEFEBVRE: Well, let's make -- I just ask that we make it similar to the last case that came in front of us and got a continuance, that this be paid today, the 64.43 and the 64.64. Whatever that totals. SUPERVISOR SNOW: It's 64.43 and 64.64. CHAIRMAN KAUFMAN: That's correct. SUPERVISOR SNOW: Okay, those are the amounts. MR. LEFEBVRE: Yes. SUPERVISOR SNOW: Okay, thank you. MS. ADAMS: The next case is number 14, Case CESD20130010194, PNC Bank, N.A., Successor by Merger. (Investigator Crowley was duly sworn.) INVESTIGATOR CRAWLEY: For the record, Michele Crowley, Collier County Code Enforcement. This is a violation of Collier County Code of Laws and Page 53 April 24, 2014 Ordinances, Chapter 22, Article IV, Section 22-108. Location of violation: 3245 37th Avenue Northeast, Naples, Florida, 34120. Folio 39951760004. Description of violation: Area in rear of property has been excavated to a depth greater than three feet below the existing grade and cleared of vegetation, forming a pond without a required excavation permit. Past orders: On February 27th, 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 5018, Page 3625 for more information. The violation has not been abated as of April 24th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of$300 per day for the period between March 30th, 2014 to April 24th, 2014, 26 days, for a total fine amount of $7,800. Fines continue to accrue. The previously assessed operational costs of 64.44 have not been paid. Operational costs for today's hearing, $62.84. Total amount to date: $7,926.28. CHAIRMAN KAUFMAN: One quick question on this. Have you been in contact with the bank at all, the foreclosure team type deal? INVESTIGATOR CROWLEY: Not -- actually, it was not. 1 inherited it from the foreclosure team, as well as the other case once the bank become the owner regarding the environmental violation. I have been in touch and have met on-site with their contractor. And they had to secure an engineer; they have to have an engineer inspect the lake. So the contractor was actually on-site clearing some of the vegetative debris from around the lake so that the engineer can get in and take measurements as far as the slope, as well as to determine how far of an encroachment onto the two adjacent properties the lake is. So it's going to be a fairly expensive Page 54 April 24, 2014 proposition. They are working on it. So I've not talked directly to the bank. We've communicated via email. And I did want to make one correction for the record. When I was on-site and met the contractor, I saw the boat that I had previously been told had been removed from the lake. This new contractor had actually physically carried it from the lake, but it's still on the property as of yesterday. So during my previous testimony I relayed the information that I had been given from the bank and from the previous contractor that the boat had been removed. And it was not visible because of the overgrowth, but it's still there. And the contractor has assured me that it will be gone. But I just wanted to correct the record to reflect the facts. CHAIRMAN KAUFMAN: Yeah, I don't see his name being Noah, so -- MR. LEFEBVRE: Let me ask, was that a violation also? INVESTIGATOR CROWLEY: Technically it's a litter violation. I haven't given a Notice of Violation. CHAIRMAN KAUFMAN: Different case. MR. LEFEBVRE: Yeah, it would be a different case. INVESTIGATOR CROWLEY: It's just as part of the clearing out and they had to clear and remove vegetation around the bank so that the engineer could get in with his laser and his equipment. And they found the boat. It's the same boat. There was not two, it was not that big. CHAIRMAN KAUFMAN: Okay. Motion from the board'? MR. LAVINSKI: Motion to impose. MR. MIESZCAK: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor'? Page 55 April 24, 2014 MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is number 15, Case CES20120016702, Pacifica Naples LLC. (Investigator Mucha was duly sworn.) INVESTIGATOR MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is involving case number CES20120016702. Violation of Ordinance 04-41, as amended, Collier County Land Development Code, Section 5.06. 11(A)(1). Violation location is 4250 Heritage Circle, Naples, 34116. Folio number is 35830040001 . Description of violation is they changed the name on the sign from Heritage Apartments to Mer Soleil without first obtaining the proper Collier County permits and inspection. Past orders: On May 23rd, 2013 the Code Enforcement Board issued a Finding of Facts, Conclusion of Law and Order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4931, Page 1663 for more information. On September 26th, 2013, the Code Enforcement Board granted an extension of time to comply. See the attached order of the board OR 4973, Page 2023 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 3 027 for more information. The violation has been abated as of April 23rd, 2014. Page 56 April 24, 2014 Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period between March 25th, 2014 to April 23rd, 2014, 30 days, for a total fine amount of $3,000. Previously assessed operational costs of $82.58 have been paid. Previously assessed operations costs of 64.43 have been paid. Total amount to date is $3,000. And due to the abatement of operational costs and violation, Collier County recommends the full abatement of the fines described above. MR. MIESZCAK: Motion to abate. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: Motion and a second to abate. All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is number 16, Case CESD20120015628, Fabricio and Allison J. Fernandez. (Fabricio Fernandez and Investigator Mucha were duly sworn.) INVESTIGATOR MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. And this is in regards to Case No. CESD20120015628, dealing with violation of Ordinance 04-41 of the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a). Violation location is 5472 32nd Avenue Southwest, Naples, 34116. Folio number is 36457240005. Description is an unpermitted shed/cabana type structure in the backyard of this location. Page 57 April 24, 2014 Past orders: On March 28th, 2013 the Code Enforcement Board issued a Finding of Facts, Conclusion of Law and Order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board OR 4909, Page 3209 for more information. On July 25th, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 4953, Page 2510 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 3019 for more information. The violation has not been abated as of April 24th, 2014. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period between February 23rd, 2014 to April 24th, 2014, 61 days, for a total fine amount of $12,200. Fines continue to accrue. Previously assessed operational costs of $80.57 have been paid. Operational costs for today's hearing, 64.34. Total amount to date is $12,264.34. CHAIRMAN KAUFMAN: Can you identify yourself on the microphone. MR. FERNANDEZ: Yes, sir. I got problem -- CHAIRMAN KAUFMAN: No, identify yourself. MR. FERNANDEZ: Oh. My name is Fabricio Fernandez. CHAIRMAN KAUFMAN: Okay. MR. FERNANDEZ: I got problem because when you gave me the 30-day my permit affidavit gave me a little hard time. When I put in my blueprint, two time bring them back. First I don't remember exactly. But the second the affidavit, the guy missing them second time and it went. And that one's coming back. The permit -- the blueprint, I say give me okay last Monday. Page 58 April 24, 2014 That one yesterday I pay for the permits. I got the permits, only wait for the inspection now. And he give me couple days more because when the inspector come it's only wait for the inspection. It's couple inspection. I think it's two, three, something like this. I know you give me a lot of chance here. I remember that one. But that was -- I got the permit now, just wait for the inspection. MR. LEFEBVRE: Have you scheduled the inspections? MR. FERNANDEZ: Yeah. MR. LEFEBVRE: When are they coming out? MR. FERNANDEZ: No, I got the permits yesterday. And I think so make it for the inspection today. And it's only couple days for the inspector. Maybe coming next week, the inspector. CHAIRMAN KAUFMAN: Is this a permit by affidavit'? INVESTIGATOR MUCHA: Yes, sir. CHAIRMAN KAUFMAN: So they don't actually have to come out there, or do they, to inspect it'? INVESTIGATOR MUCHA: I haven't reviewed the permit myself, so I don't know. It's been approved by the county, so that's a good thing. It's ready to go. So I think it should be pretty quick now. MR. LEFEBVRE: I make a motion to extend for 30 days. MR. FERNANDEZ: Yes, thank you. MR. LEFEBVRE: Or should it be continued'? MS. RAWSON: I think -- CHAIRMAN KAUFMAN: Probably should be continued, the fines continue to accrue. MR. LEFEBVRE: Make a motion to continue for 30 days, with the understanding that today's operational costs will be paid today in the amount of 64.34. MR. FERNANDEZ: Okay, sir. MR. LEFEBVRE: Do you have the ability to pay that today? MR. FERNANDEZ: Today. I pay it today. MR. LEFEBVRE: Very good. Page 59 April 24, 2014 CHAIRMAN KAUFMAN: Okay, we have a motion. MR. MIESZCAK: I'll second it. CHAIRMAN KAUFMAN: And we have a second. All those in -- any other comments from the board? (No response.) CHAIRMAN KAUFMAN: All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay, so hopefully next month we won't see you. MR. FERNANDEZ: Okay. Thank you, sir. CHAIRMAN KAUFMAN: I mean, we will see you, I'm sorry, so that we can dispose of the case. MR. FERNANDEZ: Okay. Thank you. MS. ADAMS: The next case, we go back to number two, Case CESD20100006940, Michael and Amy Facundo. (Michael Facundo and Investigator Walker were sworn.) CHAIRMAN KAUFMAN: Wendell (sic)? INVESTIGATOR WALKER: Yes. For the record, Collier County, Weldon Walker, Code Enforcement, Immokalee. CHAIRMAN KAUFMAN: Let me just stop one second. We are hearing this now not as an extension but as an imposition of fines'? MS. ADAMS: The extension was denied, so -- CHAIRMAN KAUFMAN: So we are hearing this then as an imposition of fines. MS. ADAMS: That's correct. MR. LEFEBVRE: Do we have to do what we did -- CHAIRMAN KAUFMAN: Not yet. Page 60 April 24, 2014 MS. RAWSON: It depends on what he says. MR. LEFEBVRE: Okay. INVESTIGATOR WALKER: Okay. CHAIRMAN KAUFMAN: You're on. INVESTIGATOR WALKER: The Board of County Commissioners versus Michael and Amy Facundo. The violation is Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, Florida Building Code, Adoption and Amended of the Florida Building Code, Section 22 through 26(B)(104.5. 1 .4.4). Location: 318 Washington Avenue, Immokalee, Florida, 34142. The folio is 63 860280007. The violation is expired Collier County building permits. The order: On November 18th, 2010, the Code Enforcement Board issued a Finding of Fact, Conclusion of Law and Order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached Order of the Board OR 4629, Page 247 for more information. On November 18th -- on November 18th, 2011 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 4744, Page 1093 for more information. On July 26th, 2010 the Code Enforcement Board granted an extension of time to comply. See attached Order of the Board OR 4825, Page 891 for more information. On February 28th, 2013 the Code Enforcement Board granted an extension of time to comply. See the attached Order of the Board OR 4895, Page 2416 for more information. The violation has not been abated as of April 24th, 2014. Fines and costs to date are as follows: Item 4 -- order Item 4, fines have accrued at a rate of $200 per day for the period March 1st, 2014 to April 24th, 2014, 55 days, for a total fine amount of $11 ,000. Page 61 April 24, 2014 And order Item 5, fine has accrued at a rate of $200 a day for the period between March 1st, 2014 to April 24th, 2014, 55 days, for a total fine amount of $11,000. And fines continue to accrue. Previous assessed operation cost of $81 . 15 have been paid. Operational costs for today's hearing is $65.84. The total amount to date is $22,065.84. CHAIRMAN KAUFMAN: Okay. Can you identify -- MR. FACUNDO: My name is Michael Facundo. So, well, first of all, I want to apologize. I didn't realize I had to be here this morning. I did check with a contractor. He did post it. But it was left in the permit box or they maybe took it and put it there, I don't know. Where I receive my current mail is not the job site. Because the mail person delivery people -- the U.S. postal doesn't leave it there, they have to -- I have a new address, so I've got to get that information, which I thought I did, but maybe I failed to do it -- so 1 can get those notifications. So I'm a little confused. Because 1 hear $22,000 is what is owed right now? Is that what I owe? CHAIRMAN KAUFMAN: That's correct. MR. FACUNDO: Based upon from March'? CHAIRMAN KAUFMAN: This case started. MR. FACUNDO: Back in 2010. CHAIRMAN KAUFMAN: In 2010. In November of 2010. MR. FACUNDO: Okay. CHAIRMAN KAUFMAN: And the last time we heard this case, Mr. Lefebvre said I could build a high-rise in less time than this is taking to resolve. I remember that statement. And I believe he's right. MR. FACUNDO: No, I totally agree. Listen, I'm in the business. CHAIRMAN KAUFMAN: My question to you is when did you become owners of this property'? Page 62 April 24, 2014 MR. FACUNDO: Oh, gosh, back in when I started building, which was probably in 2010. CHAIRMAN KAUFMAN: Okay. We heard the case for the extension of time earlier today. The extension was denied. MR. FACUNDO: Right. CHAIRMAN KAUFMAN: Okay? So we put this at the end to hear -- we're here not to rehear the case but to decide whether to impose the fines or not. MR. FACUNDO: Okay. CHAIRMAN KAUFMAN: Okay'? And if you have some reason that we shouldn't be imposing the fines right now, that's what we want to hear. MR. FACUNDO: Okay. All right. The imposing of the fines, I guess I need some clarification, some education. It's going to continue what's -- that's already happening? CHAIRMAN KAUFMAN: Yes, it is. MR. FACUNDO: Okay. So there's some fines that's always going to be up and above. So what's going to hap -- I guess I'm a little confused then. I mean -- CHAIRMAN KAUFMAN: The fines on here -- did you get the paperwork'? MR. FACUNDO: No. I don't have nothing. CHAIRMAN KAUFMAN: Okay, excuse me. INVESTIGATOR WALKER: The best answer to that from my perspective is that as code enforcement investigator I posted the property with the required posting, and the notification of what the fines were should have been mailed to him. CHAIRMAN KAUFMAN: Okay. So it was done in compliance with our normal procedures. And at some point or other you did have something because it says that the $81 . 15 had been paid, the previously assessed operational costs. And part of that showed that if it wasn't done, it said that the fine would accrue starting March 1st at Page 63 April 24, 2014 $200 a day. So if you go through all of that, you come up with the $22,000 when you do all the arithmetic. MR. FACUNDO: Okay, what's going to happen -- I guess I'm a little -- and I know you don't want to revisit that because I wasn't here, but it was denied, the extension. Can I still build? Because I've gotten some inspections done to the house, I got floor trusses up, the walls are going up for the second floor. CHAIRMAN KAUFMAN: I understand. MR. FACUNDO: How do I proceed from here forward'? CHAIRMAN KAUFMAN: We don't stop your building, okay. We are here to administer the code. And the code says that you have to do A, B and C in order to build property. And you have all the permits now, so that's good. However, this property is still in violation. MR. FACUNDO: Okay. CHAIRMAN KAUFMAN: And that's why the fines continue to accrue. Should we impose the fines today, your next step would be, I would heartily suggest that you finish everything, get everything inspected and go to the County Commissioners and ask for forgiveness or whatever you want to do at that time before the County Commission. MR. FACUNDO: Okay. So maybe I have to get an attorney then. Because -- CHAIRMAN KAUFMAN: Not necessarily. What you need is a fast contractor, mostly. MR. FACUNDO: I know, but just to advise me I might have to hire an attorney, if I have to -- CHAIRMAN KAUFMAN: That's fine. MR. FACUNDO: -- to look at it. Because it doesn't make sense to me, because I didn't get anything in the mail, even though it's posted. I admit to that. But the address that it's been given is 318 and Page 64 April 24, 2014 nothing gets forwarded. You know, I'm not residing there right now. But I want to finish this. We're under construction. And my contractor, he just started maybe about a month ago. Because a lot of things were caught up with the county permitting, because it's changed, with the plans. It's been a financial -- I actually had to pay for this out of pocket to get moving. But we're making progress, we're gaining momentum. But, you know, $22,000 is a lot of money, obviously. And it continues to be imposed and if the county at the Board of County Commissioners decides not to do this, then, you know, I'm going to be stuck. CHAIRMAN KAUFMAN: Then it would become a lien on the property. MR. FACUNDO: Right. MR. LEFEBVRE: But every day that you don't complete it the monies keep on. MR. FACUNDO: Right, right. MR. LEFEBVRE: It's like a -- MR. FACUNDO: I just was under the impression when I got my extension I wasn't getting fined daily. MR. LEFEBVRE: You weren't. Your extension was for one year. CHAIRMAN KAUFMAN: If you were to go back to the beginning of time, this wouldn't be 22,000, it would be well over 100,000. MR. FACUNDO: Okay, so this -- CI IAIR_MAN KAUFMAN: That is only from March 1st, 2014 to today. MR. FACUNDO: Okay, so -- CHAIRMAN KAUFMAN: We gave you the six-month extension. MR. LEFEBVRE: I think it was one year, wasn't it? CHAIRMAN KAUFMAN: One year or six months, I'm not Page 65 April 24, 2014 sure. MR. FACUNDO: Okay. So it started from March, 2013 is what you're saying then, right? CHAIRMAN KAUFMAN: No. March 1st, 2014. Take a look at the paper. MR. LEFEBVRE: Is that 2014? CHAIRMAN KAUFMAN: Yes. MR. FACUNDO: Done and ordered the 4th day of March, 2013. CHAIRMAN KAUFMAN: 55 days, that's $11,000 there. MR. FACUNDO: Sorry, sir, I'm not looking at -- maybe I'm not reading the paper correctly. CHAIRMAN KAUFMAN: Okay. From March 1st, 2014 until April 24th is 55 days. There might be a typo on this. It says $11 ,000, and yet the total fine is $22,000. I know it's $200 a day. MR. MIESZCAK: It's two parts, four and five, right'? CHAIRMAN KAUFMAN: Okay. MR. FACUNDO: Was there a hearing being held on March the 1st? I don't remember getting notification -- CHAIRMAN KAUFMAN: The first hearing was on November 18th, 2010. MR. FACUNDO: Right. CHAIRMAN KAUFMAN: On November 18th, 2011 we granted an extension of time. On July 26th, 2012 granted another extension of time. And probably we wouldn't have granted any extensions of time if somebody wasn't here to testify on your behalf, either you or -- MR. FACUNDO: I was here. CHAIRMAN KAUFMAN: -- or whatever. So it seems that the documentation was getting to you all these other times. On February 28th, 2013 we granted another extension of time. That was -- and either you or -- I thought it might have been your wife Page 66 April 24, 2014 that was here. MR. FACUNDO: No, it was me. She doesn't come. CHAIRMAN KAUFMAN: Okay. MR. FACUNDO: She's a school teacher. CHAIRMAN KAUFMAN: So you were here on February 28th. MR. FACUNDO: That's correct. CHAIRMAN KAUFMAN: So you must have gotten all those notifications. MR. FACUNDO: Right. I know what you're inferring, sir. But I'm saying, the way I got it was it was posted on the job site. CHAIRMAN KAUFMAN: Okay. MR. FACUNDO: So I got it. I never got it via mail. CHAIRMAN KAUFMAN: You don't have to get it via mail. MR. FACUNDO: That's fine. And I'm not arguing that. I guess my question is from March the 1st 'til I guess I'm reading April the 24th, I incurred 11 ,000. CHAIRMAN KAUFMAN: Right, that's on order number -- item number four. And then on item number five, same time period, same fine amount, 55 days, another $11,000, okay'? MR. FACUNDO: Okay. CHAIRMAN KAUFMAN: So that's how it totaled up to the 22,000 plus the hearing amounts, court costs, if you will. MR. FACUNDO: I guess I got to look back at the minutes of when I was here prior to March the 1st for the second time extension you mentioned. Was it told there to me that if you don't finish -- CHAIRMAN KAUFMAN: Yes. MR. FACUNDO: -- by that date you're going to be noncompliance, you're going to be fined $200 a day'? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Excuse me, but this has been told three times now. We told -- MR. FACUNDO: I -- Page 67 April 24, 2014 MR. LEFEBVRE: Well, hold on a second. Every time you come in here we explain to you what the time periods are. And we have it on record. So to come in here now and say well, I'm not really sure, I don't -- MR. FACUNDO: One clarification is what I'm saying. CHAIRMAN KAUFMAN: You signed -- you signed the stipulation showing the $200 a day fine. MR. FACUNDO: Right. CHAIRMAN KAUFMAN: I have the paper here with your signature on it. And I'm sure if you signed it, you got a copy of it. MR. FACUNDO: Okay, that's fine. I'm sure I have it somewhere. I just didn't know what -- you know, this is the first time for me, I've never been here, okay, in regards to having to deal with fines and the county and how all that works. I'm getting educated on this, so -- CHAIRMAN KAUFMAN: You say you were here. You mean you were never -- MR. FACUNDO: No, no, this is the first time I'm experiencing this in regards to fines and so forth in my personal life. You know, I'm building, I'm not talking about here literally as far as being -- yeah, I remember that clearly now. Okay, there's no problem. So you'll probably continue this fine and I've got to go before the Board of County Commissioners and ask for them to waive it. CHAIRMAN KAUFMAN: The first thing you would need to do, the suggestion, is get it done. MR. FACUNDO: Right. CHAIRMAN KAUFMAN: Because nobody is going to give you permission to complete -- to abate any fine unless the violation is gone. And the violation won't be gone until you have it all done and you get a C.O. So that's my suggestion to you. That's if I were in your shoes, that would be the first thing I would concentrate on getting Page 68 April 24, 2014 this done. MR. LEFEBVRE: Where are you in the stage of completing this project? MR. FACUNDO: Percentage-wise, I'm probably about 40 percent. And so I have -- I would need 'til probably the end of August to have it completed. The nature of the house is not your typical house that you see, I mean, obviously with engineered trusses and you just slap it on and get it done. It's custom, obviously, so it's going to take me a little more time. So my search of a contractor this time was more a guy that really does that type of work, which is going to take some time. MR. LEFEBVRE: I don't want to rehear this case, but I'm trying to figure out a way, if the board would agree, to extend it to give you more time where you wouldn't have to go in front of the County Commissioners when you complete this, you could come in front of us. But I'm really struggling with three-and-a-half years for you to finish this house. That's where I'm really struggling. I need to see what the reason -- if there's anything that is -- any reason why I would want to possibly continue this. The fines just keep on going but you could come in front of us instead of in front of the Commissioners. Because we know the case, we've been following this case, and I'd rather have you come in front of us. But I need something -- a reason why I should extend this. I mean, I have to be honest with you. It's three-and-a-half years now and I'm just hard pressed to -- MR. FACUNDO: You know, I know. And I appreciate you saying that. Other than -- I don't know what to tell you, just to say I need your help. MR. LEFEBVRE: That's not a good answer. MR. FACUNDO: I know. But, I mean, there's a lot of reasons but you just told me you didn't want to rehear the case. Like for example we had to deal with the county. It was a financial burden, obviously. I mean, if you want to see what I've spent, Page 69 April 24, 2014 I have it in the folder. Man, I spent like 25, $30,000 out of my pocket just to get moving. Because see, the bank said look, Mike, we cannot give you to the -- continue the draws until -- because we've already paid it to the other contractor. And the contractor said, well -- so which means that I got to get it up to a certain percentage, and then once I get it to that percentage then it becomes a lot faster, because then I can draw down from the bank so the bank pays the contractor and the contractor can go ahead and get moving a little faster. MR. LEFEBVRE: So let me explain something to you. MR. FACUNDO: So that's where we're at. MR. LEFEBVRE: If we place a lien on this property, the county does, right now for 22 plus thousand dollars, and every day it goes up, to get a draw from the bank -- MR. FACUNDO: I know. MR. LEFEBVRE: -- is going to be very difficult. MR. FACUNDO: I know. MR. LEFEBVRE: So explain to me and the board why you should get a continuance so -- to complete this project. MR. FACUNDO: Well, because I live in the community. I'm part of that -- chair of the CRA board there, if that means anything. I'm involved. I'm invested in the community, which most people have left. I'm involved in many things in the community. My local church would be -- MR. LEFEBVRE: Specifically to this case, I want to know why. And why -- what I'm trying to get at is why has it taken you three-and-a-half years when someone else could have been done in six months'? That's what I'm asking. MR. FACUNDO: Okay. Well, I mean, you've got to go back. I mean, the house was built in the wrong location. I had to tear down the walls, obviously, you had to, you know, get it reengineered. My engineer died. I had to find an architect to come and do it. Page 70 April 24, 2014 These are the obstacles that I've had to cross and the barriers along with a financial burden it's been on my family. So -- and then during that time the code changed, so I have to update everything to bring it up to code. And so that's taken so much time. Obviously going to the county, getting objections, addressing them. The guy that was originally doing it said look, Mike, it's been so long. I said look, I'm not giving up, I want to finish it. So we went ahead and we finally got the right guy to do it. So now that we have momentum going, now that we're with my new contractor -- it's not that he's slow, it's that he's -- again, I mean, he has to wait on me in order to get paid. We had the money to get it going. We're one step away. Which he would start doing that next week. And then we're able to draw down from the bank, as I said a minute ago, so we can start moving. And I talk to him today, he would have been here with me. Again, he didn't know, like I did, I mean, he's busy doing other jobs. And I said look, his name is Manuel from GB Construction. I said, how much longer? He says, Mike, I'll have it done by the end of August, first of September, but -- which is four months is what we're asking for. MR. LEFEBVRE: I don't want to cut you off but let me ask a question. If we just continue this, then there will be a lien filed that there's fines accruing every day; is that correct'? MS. RAWSON: Well, the lien's already been tiled from the original order. The original order was recorded and so that's what makes the fines accrue on a daily basis. So that's already been recorded. MR. LEFEBVRE: Right. It's been recorded, but they weren't imposed. MS. RAWSON: They have not been imposed. Page 71 April 24, 2014 MR. LEFEBVRE: Right. So when we -- so today if we continue, it's going to be in the same -- MS. RAWSON: They'll just continue to accrue. But you will not yet have imposed it unless you do it today. MR. LEFEBVRE: What I'm trying to get at is if we impose the fines, would it be less likely for a bank to give him draws because now there's a fine on -- there's an actual tangible fine on the property versus giving a continuance is what I'm trying to get it. MS. RAWSON: Well, I don't work for the bank so I can't answer that question. MR. LEFEBVRE: I mean, what I'm trying to get as is if he needs money to complete this and draws will get him to that stage of completion, I don't want to put him a step back. MR. FACUNDO: That's what -- thank you. MR. LEFEBVRE: That's what I don't want to do. But I'm toying with three-and-a-half years and granting him another six months. MR. FACUNDO: Four. MR. LEFEBVRE: That's what I'm kind of toying with. What's the I guess thoughts of the board'? MR. MIESZCAK: I feel like if you circumvent what you're doing, is if you allow somebody to do something so they can get a loan from the bank, we're not doing our job. We're not -- why would we give the -- in other words, you give him something like that, he goes to the bank and gets the draws, and then he still doesn't finish the project but he got the money. So are we doing something to help him get a bank loan? I don't -- MR. LEFEBVRE: Well, draws are given after during certain stages are met in the construction, so it's for work that's been completed, not for work that's going to be done in the future. So what I'm trying to get at is I don't want to have the bank go and look and see that there's a lien on his property and they say, well, we're not going to give you 30, 50 grand for the work is what I'm Page 72 April 24, 2014 trying to get at. What's the thoughts of the board of granting another extension? Before I make a motion. MR. FACUNDO: May I speak, please'? MR. MIESZCAK: Go ahead. CHAIRMAN KAUFMAN: Go ahead. You speak and then I'm going to close the public hearing. MR. FACUNDO: Larry, I have a loan already. The bank BB&T has worked with me graciously. I have the money to get it to this stage. Which is, like I said, once the walls go up on the second floor then we're able to move on, you know, to the next phase of the project. What my fear is is that this possibly, as Gerald said was, if the bank realizes that we have liens on there, then I'm not going to be able to continue and they're going to foreclose. Then I'm done. And there's nothing else that I can do. The fact that I've toiled and worked so hard, and I'm sure you've heard stories like this. But what I'm asking the board is please, just give me four months. That's all I'm asking. I'm not asking for six, I'm asking for four. And we'll get it done. I can send you monthly observation reports if you want so you can see where we're at, what the contractor has done. I'm willing to do my part so you can see the different stages of the project. I believe the code inspector, the code -- Winden (sic) has been there and he saw that we're making progress. It's just I ran out of time. It's not -- you know, but to start it was hard because it -- I took a financial hit. It is what it is. But again, that property's very sensitive to me because it was given to me by my in-laws to build on. So it has a lot of sentimental value. It ain't just something that I got through a bank. I mean -- although I'm asking you guys if you guys could help me out. CHAIRMAN KAUMAN: Okay, I'm going to close the public hearing and now board discussion. Page 73 April 24, 2014 MR. LAVINSKI: I don't feel comfortable that any extension is going to -- after three-and-a-half years is going to get us anywhere. I think the fine ought to be imposed. MR. LEFEBVRE: Well, it wouldn't be an extension, it would be a continuance. The fines will still be there. MR. MIESZCAK: Are you talking a continuance of four months? MR. LEFEBVRE: I was thinking six. But what I don't want to do is have it leave this venue. Because if it leaves this venue then they will -- county commissioners may not have all the details and know the history background. So that's what I'm trying to -- if you impose the fines, we lose him coming back to us. So what I would say is make a motion to continue this case for six months with the understanding that the operational costs for today of 65.84 be paid before he leaves. And that's my motion. CHAIRMAN KAUFMAN: Okay, we have a motion. Do we have a second? MR. MIESZCAK: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. FL!EBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Those opposed? MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. Now we have more discussion. And I'll give you my thoughts -- MR. MIESZCAK: What's a majority? CHAIRMAN KAUFMAN: This is a case where this has been going on for year upon year upon year. And it's just different stories each time. I can understand the problems here, but I look back on this thing, 12 months were given from February of 2013 and it just -- it goes on and on and on. Page 74 April 24, 2014 And we have been consistent on the board. When I look at this sheet that says extension, extension, extension, extension, there comes the time when we've gone through all the ability we have. So it's a tough situation to agree to. MR. MIESZCAK: Let me say one thing. I understand time frame. You know, like maybe some people can do things in six months and it takes somebody two years or three years. Maybe they ran into things you don't know about or not aware about or anything. I don't think a time frame is the big issue. It's not a safety issue, it's not harming anybody. And basically you're helping somebody. And you tell them this is the final shot for you, you've already had all this time. And I was thinking the same thing you were thinking, you know. And you. But when I think about it, it's like, uh, it's a time situation. So maybe some people it just takes them a little longer. But here's a definite no. I don't know we gave a definite no before. But if we can give him a definite no, he knows what the rules are and we know what's happening. And it's not a safety issue so that's why I have no problem with it. MR. LEFEBVRE: My original notes when I reviewed this case at home said no, November 14th, 2010, 3.5 years is long enough. But upon hearing him that there was some death in the professional that was working with him, a change in contractors and everything. And again, I don't like giving multiple extensions, but in this particular case he's asking for four months. If I make a motion that again we go and he gets four months and then operational costs for today, 65.84 are paid today, would the board agree to that. So I make a motion. MR. MIESZCAK: Are you saying four months now'? MR. LEFEBVRE: Four months. MR. MIESZCAK: Okay. I like four months then is fine. CHAIRMAN KAUFMAN: Okay. So you changed your second? MR. MIESZCAK: I change my second. Page 75 April 24, 2014 MR. LEFEBVRE: Well, it's a new motion because the other motion died. CIIAIRMAN KAUFMAN: Okay. MR. MIESZCAK: I second that motion. CHAIRMAN KAUFMAN: Okay, you second it. MR. MIESZCAK: Discussion. CHAIRMAN KAUFMAN: Any discussion'? (No response.) CHAIRMAN KAUFMAN: I'll support four months. But that's it. MR. LEFEBVRE: Yeah, I got to tell you right now that 1 will not stand up like I did today and ask for -- or make a motion. MR. MIESZCAK: I think we're being fair. I think it's fair. More than fair, but sometimes it's good. Good luck to you. MR. FACUNDO: Thank you. CHAIRMAN KAUFMAN: Let me call the question. All those in favor? MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CIIAIRMAN KAUFMAN: Aye. Opposed'? MR. LAVINSKL• Aye. CHAIRMAN KAUFMAN: Carries 3- 1 . This is the end. Good luck to you. MR. FACUNDO: I'm not crying wolf, but four months. Guaranteed. MR. LEFEBVRE: So you do understand, if you come in front of us again -- MR. FACUNDO: I'm done. MR. LEFEBVRE: -- please don't say I didn't know. You have four months from today. CHAIRMAN KAUFMAN: And the fines continue to accrue. Page 76 April 24, 2014 MR. FACUNDO: But I can come here -- so when I come back after it's done, I have my C.O., I have to pay that money? CHAIRMAN KAUFMAN: If the board sees fit, they can abate the fine. Once the operational costs have been paid and you have completed the job, the board has the ability to abate the fine. MR. FACUNDO: I hope so, okay. MR. LEFEBVRE: Let me just further explain. If we impose the fines, you would not be able to come back to us when you abate it, and took care of everything. You would have to go in front of the county commissioners. But what I wanted to do is avoid that. Because we're familiar with the case, we granted you extensions and everything. So you won't have to come back and explain everything to us once you get everything taken care of within the four months. Again, if you don't get it abated within four months, then all the fines will be hanging over you. MR. FACUNDO: Okay. Just to clear (sic), by the end of August, four months, right'? I just want to be clear. MR. LEFEBVRE: Four months from today. CHAIRMAN KAUFMAN: Four months from today. So this is April, May, June, July, end of August. And remember, that's four months of a lot of days in four months times 400 -- it comes out to $400 a day. MR. FACUNDO: I know. That's a lot. CHAIRMAN KAUFMAN: Okay. MR. FACUNDO: Thank you, Gerald. Thank you, Larry. Thank you. MR. MIESZCAK: Good luck. That's it. MR. LEFEBVRE: That's it, yeah. INVESTIGATOR WALKER: Thank you, gentlemen. MR. MIESZCAK: We're new business? MR. LEFEBVRE: And don't forget to pay the operational costs Page 77 April 24, 2014 today for this hearing. MR. FACUNDO: Where do I pay it? CHAIRMAN KAUFMAN: Weldon will take you to the -- MR. MIESZCAK: They'll show you. MR. LEFEBVRE: One other thing. He did mention that he was going to give monthly updates, so I'd like to have that. MR. FACUNDO: Email that to you or -- CHAIRMAN KAUFMAN: Weldon, he's going to provide you with monthly updates as to what's going on. INVESTIGATOR WALKER: I have no doubts about that at all, sir, thank you. MR. LEFEBVRE: Okay, thank you. CHAIRMAN KAUFMAN: Thank you. MR. MIESZCAK: Okay, new business? MS. RAWSON: You want that part of the order'? MR. LEFEBVRE: Yes, please. Well, if we could second that and everything, yes I'd -- MR. MIESZCAK: Make a motion, I'll second it as part of the order. CHAIRMAN KAUFMAN: All those in favor? MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CIIAIRMAN KAUFMAN: Aye. MR. LAVINSKI: No CHAIRMAN KAUFMAN: Does that bring us to a screeching -- he have the rest of our agenda here. MS. ADAMS: Brings us to number seven, new business, elections. CHAIRMAN KAUFMAN: Okay. And Jeff had to leave for his normal report. MS. ADAMS: Unfortunately he's gone. Yeah, he's not coming back. Page 78 April 24, 2014 MR. MIESZCAK: Forget that. Look at our audience. CHAIRMAN KAUFMAN: Okay. We can go off the -- MS. ADAMS: Off the record? MR. MIESZCAK: What, for elections? CHAIRMAN KAUFMAN: I don't think you -- you televise that'? MS. RAWSON: Yes, it's on the record. MR. MIESZCAK: Everything is public. So this election is for the coming year for chairman and vice-chairman. CHAIRMAN KAUFMAN: Correct. MR. MIESZCAK: I'd like to make a nomination we keep it as it is for another year, chairman, vice-chairman. Unless anybody has anything they want to do. MR. LEFEBVRE: I second that motion. MR. MIESZCAK: It's seconded. All in favor? MR. LAVINSKI: A known devil is better than an unknown devil, so I'll -- CHAIRMAN KAUFMAN: Are you calling me a devil'? All those in favor? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: I'll try to perform to form the best of my ability. And I have one suggestion going forward, to make life easier. We talked earlier about the numbering of the plan. Could you take a black marker and when you send out everything on the right-hand side of the cases start with number one and just go right to the end. We have tabs in our book and if you can get an extra set of tabs for Larry. MR. MIESZCAK: I kept my tabs, I don't need them. I don't waste money. Page 79 April 24, 2014 CHAIRMAN KAUFMAN: Or any other diet soda. What I do is when you do that, I take the tab, the number, one, two, three, four, whatever it goes to, and I put it under the tab. So that we're not all fumbling around, oh, that's an imposition of fines, this is a motion for an extension. So it makes it easier for us to follow. MS. ADAMS: Okay. But, I mean, we can't change the way we publish. CHAIRMAN KAUFMAN: No, no, leave yours the same. MR. MIESZCAK: Just an addition. CHAIRMAN KAUFMAN: Just an additional number. In a black marker, handwritten. MS. ADAMS: So when we provide the agenda to the board, you want it just numbered in order? CHAIRMAN KAUFMAN: That would be great. MS. ADAMS: Okay, we could -- CHAIRMAN KAUFMAN: And maybe even if you put it on there in black marker on the agenda you can do the same thing on the first page of the case so that they match up. Okay? MS. ADAMS: Okay. CHAIRMAN KAUFMAN: And if you have any questions, give me a ring and I'll -- several of us are using that method now, so you hear us sometimes when we're talking and you'll hear Gerald say to me it's case number four, dummy, okay, so I know where to find it. MS. ADAMS: We can certainly work on that. MS. RAWSON: You don't have to do that for me. MR. LAVINSKI: The last regime wouldn't do it for him, so you've got to come through. CHAIRMAN KAUFMAN: Yeah, we tried this once before but we're going to try it now. MS. ADAMS: Okay. CHAIRMAN KAUFMAN: Motion to adjourn? MR. MIESZCAK: No rules and review'? Page 80 April 24, 2014 CHAIRMAN KAUFMAN: I didn't have any changes. I made mine last year. MR. MIESZCAK: No reports? MR. LAVINSKI: Do we need a motion to send that -- the fines to the commission? We normally have been doing that. MR. MIESZCAK: The list? MR. LAVINSKI: Jeff gave us this list. CHAIRMAN KAUFMAN: Yes. MR. LAVINSKI: Well, I'll make a motion that we send this list of foreclosure collection authorization to wherever it has to go. MR. MIESZCAK: To the attorney's offices. I'll second that. That's something we've done. CHAIRMAN KAUFMAN: Yes. All those in favor'? MR. LAVINSKI: Aye. MR. LEFEBVRE: Aye. MR. MIESZCAK: Aye. CHAIRMAN KAUFMAN: Aye. Opposed'? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. MIESZCAK: Motion to adjourn. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion to adjourn. We are adjourned. MR. MIESZCAK: All in favor, say aye. Thank you. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :33 a.m. Page 81 April 24, 2014 COLLIER COUNTY CODE ENFORCEMENT BOARD ell° ' • i E '4 > UFMAN, airman AV These minutes approved by the board on S p 1(1 as presented ✓ or as corrected . Transcript prepared on behalf of Gregory Reporting Service, Inc., by Cherie' R. Nottingham. Page 82