Loading...
CEB Minutes 10/22/2015 October 22, 2015 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 22, 2015 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 Ron Doino Gerald J. Lefebvre Lionel L'Esperance Lisa Chapman Bushnell Sue Curley James Lavinski (Excused) Tony Marino (Excused) ALSO PRESENT: Kerry Adams, Code Enforcement Tamara Lynne Nicola, Attorney to the Board Page 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: October 22, 2015 at 9:00 A.M. Location: 3299 Tamiami Trail East,Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY(20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5)MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman,Chair Ron Doino Gerald Lefebvre,Vice Chair James Lavinski(Excused) Lionel L' Esperance Robert Ashton Tony Marino Lisa Chapman Bushnell,Alternate Sue Curley,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES, A. September 24,2015 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance I. CASE NO: CENA20150008263 OWNER: 333 INVESTMENTS LAND TRUST, OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTION 54-185(D),PROHIBITED EXOTIC'VEGETATION,INCLUDING BUT NOT LIMITED TO EARLEAF ACACIA AND BRAZILIAN PEPPER, LOCATED UPON UNIMPROVED PROPERTY WITHIN 200-FOOT RADIUS OF IMPROVED RESIDENTIALLY PROPERTY. FOLIO NO: 288040002 VIOLATION ADDRESS: 1450 WHIPPOORWILL LANE,NAPLES Motion for Extension of Time I. CASE NO: CESD20140010232 OWNER: MANSOLILLO IRA LLC OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(I)(A).AND 2010 FLORIDA BUILDING CODE CHAPTER I,PART 2,SECTION 105.1. COMPLETE REMODELING OF THE INTERIOR OF THE HOME AND GARAGE BEING CONVERTED TO LIVING SPACE INCLUDING PLUMBING,ELECTRIC AND STRUCTURAL WORK AS WELL AS A FENCE IN THE FRONT YARD ALL WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 37161440006 VIOLATION ADDRESS: 120 7TH ST SW,NAPLES 2. CASE NO: CESD20140017973 • OWNER: GEORGE CALDERON&CRISTINA CALDERON OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A).AN ADDITION/STORAGE ROOM WITH ELECTRIC ATTACHED TO PRIMARY STRUCTURE CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS(S),INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY AS REQUIRED BY COLLIER COUNTY. FOLIO NO: 00061560000 VIOLATION ADDRESS: 4725 VIREO LN,IMMOKALEE B. Stipulations C. Hearings I. CASE NO: CEROW20140012496 OWNER: MARIA PADILLA OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE LAWS AND ORDINANCES,CHAPTER 110,ARTICLE II,DIVISION 1,SECTION 110-31(A).ENCLOSED SWALE IN RIGHT OF WAY WITHOUT APPLICABLE COLLIER COUNTY PERMIT(S). F01,10 NO: 62254520002 VIOLATION ADDRESS: 5341 MITCHELL ST,NAPLES 2 2. CASE NO: CENA20150006292 OWNER: CCF LP C/O HOMETOWN AMERICA MGT LLC OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,SECTION 54-185(D).PRESENCE OF PROHIBITED EXOTIC VEGET'ATION,INCLUDING BUT NOT LIMITED TO EAR.LEAF ACACIA AND BRAZILIAN PEPPER,LOCATED UPON UNIMPROVED PROPERTY WITHIN 200-FOOT RADIUS OF IMPROVED RESIDENTIALLY PROPERTY. THIS PARCEL CONTAINS A UTILITY EASEMENT TO FLORIDA POWER AND LIGHT. FOLIO NO: 292960000 VIOLATION ADDRESS: 220 GARFIELD ST,NAPLES 3. CASE NO: CEAU20150003344 OWNER: BRADLEY GOODSON& LEIGHA WILSON OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: THE 2010 FLORIDA BUILDING CODE.I05.1 AS REQUIRED,CHAIN LINK FENCE NSTALLED AROUND THE PROPERTY WITH A PRIVACY FENCE IN FRONT WITHOUT A VALID COLLIER COUNTY PERMIT, FOLIO NO: 75760160008 VIOLATION ADDRESS: 2432 FLORIDA AVE,NAPLES 4. CASE NO: CEL020140025168 OWNER: BRADLEY GOODSON& LEIGHA WILSON OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,SECTION 2.02.03.OUTSIDE STORAGE CONSISTING OF BUT NOT LIMITED TO,NUMEROUS HOUSEHOLD ITEMS, WASHER,DRYERS,METALS,PLASTIC,WOOD,GLASS,SIDING,TIRES,ETC. FOLIO NO: 75760160008 VIOLATION ADDRESS: 2432 FLORIDA AVE,NAPLES 5, CASE NO: CEAU20150003345 OWNER: BRADLEY GOODSON&LEIGHA WILSON OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: THE 2010 FLORIDA BUILDING CODE.105,1 AS REQUIRED.ALTERED THE FENCE PERMIT BY ENCLOSING BOTH PROPERTIES AND ADDING A PRIVACY FENCE IN THE FRONT WITHOUT A VALID COLLIER COUNTY PERMIT. FOLIO NO: 75760120006 ADDRESS: 2448 FLORIDA AVE,NAPLES 6. CASE NO: CELU20140025432 OWNER: BRADLEY GOODSON&LEIGHA WILSON OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,SECTION 2,02.03.OUTSIDE STORAGE CONSISTING OF BUT NOT LIMITED TO,NUMEROUS HOUSEHOLD ITEMS, WASHER, DRYERS,METALS,PLASTIC,WOOD,GLASS,SIDING,TIRES,ETC. FOLIO NO: 75760120006 ADDRESS: 2448 FLORIDA AVE,NAPLES 3 7. CASE NO: CENA20150008263 OWNER: 333 INVESTMENTS LAND TRUST, OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI,SECTION 54-185(D).PROHIBITED EXOTIC VEGETATION,INCLUDING BUT NOT LIMITED TO EARLEAF ACACIA AND BRAZILIAN PEPPER,LOCATED UPON UNIMPROVED PROPERTY WITHIN 200-FOOT RADIUS OF IMPROVED RESIDENTIALLY PROPERTY. FOLIO NO: 288040002 VIOLATION ADDRESS: 1450 WHIPPOORWILL LANE,NAPLES B. Motion for Reduction of Fines/Lien. 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens I. CASE NO: CESD20150002056 OWNER: REG8 BERKSHIRE COMMONS LLC OFFICER: INVESTIGATOR VIRGINIE GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(E).UNPERMITTED INTERIOR RENOVATION CONSISTING OF BUT NOT LIMITED TO: EXPOSED STRUCTURAL STUDS,ELECTRIC AND PLUMBING ADJACENT TO THE FIREWALL BETWEEN THE NAIL SPA AND SUBWAY RESTAURANT. FOLIO NO: 23945007103 VIOLATION ADDRESS: 7063 RADIO RD,NAPLES 2. CASE NC): CESD20140010232 OWNER: MANSOLILLO IRA LLC OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A).AND 2010 FLORIDA BUILDING CODE CHAPTER I,PART 2,SECTION 105.1. COMPLETE REMODELING OF THE INTERIOR OF THE HOME AND GARAGE BEING CONVERTED TO LIVING SPACE INCLUDING PLUMBING.ELECTRIC AND STRUCTURAL WORK AS WELL AS A FENCE IN l'HE FRONT YARD ALL WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 37161440006 VIOLATION ADDRESS: 120 7TH ST SW,NAPLES 4 II 3. CASE NO: CESD20150002007 OWNER: CRAIG DANIELS&MARTHA DANIELS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(I)(A). SINGLE-WIDE MOBILE HOME STAGED ON UNIMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 01132880003 VIOLATION ADDRESS: 223 GLADYS CT,COPELAND 4. CASE NO: CEN20150002834 OWNER: HERITAGE SQUARE REAL EST LLC, OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCE CHAPTER 2,ARTICLE IX COMMERCIAL AMPLIFIED MUSIC IN RESIDENTIAL USE OR ZONING.COLLIER COUNTY CODE OF LAWS CHAPTER 54 ENVIROMENT,ARTICLE IV NOISE,SECTION 54-92-(F)(2)AND (B)MAXIMUM PERMISSIBLE SOUND AND VIBRATION LEVELS BY ZONING CLASSIFICATION OR USE OCCUPANCY.(1)NO SOUND SHALL VIOLATE ANY SOUND STANDARD PROVISION OF THIS ARTICLE(TABLE!).BEACH TAVERN SOUND LEVELS EXCEEDING THE ALLOWABLE DECIBEL LIMIT FOR THE TIME PERIOD READINGS WERE PERFORMED. FOLIO NO: 152480002 VIOLATION ADDRESS: 13514 TAMIAMI TRL N,NAPLES 5. CASE NO: CESD20140017973 OWNER: GEORGE CALDERON&CRISTINA CALDERON OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLA'T'IONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1XA).AN ADDITION/STORAGE ROOM WITH ELECTRIC ATTACHED TO PRIMARY STRUCTURE CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS(5),INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY AS REQUIRED BY COWER COUNTY. FOLIO NO: 00061560000 VIOLATION ADDRESS: 4725 VIREO LN,IMMOKAI..EE 6. CASE NO: CESD20140009842 OWNER: KELLY LYNN ROMINE OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(I)(A).A COVERED WOODEN DECK IN THE FRONT AND REAR YARDS OF IMPROVED OCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMIT(S),INSPECTIONS,AND CERTIFICATE OF COMPLETION. FOLIO NO: 01132240009 VIOLATION ADDRESS: 241 GLADYS CT,COPELAND 5 7. CASE NO: CESD20150002065 OWNER: RANDY HOLTON OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(I)(A).UNPERMI TED SHED AND ANIMAL CAGES ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62098320002 VIOLATION ADDRESS: 5341 MARTIN ST,NAPLES 8. CASE NO: CESD20140019519 OWNER: STEPHEN SHANE CLARY&CHRISTOPHER JASON CLARY OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A)AND SECTION 2.02.03.AN UNPERMITTED SECONDARY MOBILE HOME WITH UTILITY CONNECTIONS AND A RECREATIONAL VEHICLE WITH UTILITY CONNECTIONS. FOLIO NO: 110480002 VIOLATION ADDRESS: 18960 IMMOKALEE RD, IMMOKALEE 9. CASE NO: C.ESD20140009331 OWNER: SOUTH NAPLES CENTER LLC OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A). IMPROVEMENTS WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 726440009 VIOLATION ADDRESS: 13255 TAMIAMI TRAIL E,NAPLES 10. CASE NO: CEPM20140025426 OWNER: LYNNE V CADENHEAD OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS.ARTICLE VI PROPERTY MAINTENANCE CODE,SECTION 22- 231(12)(Q)AND SECTION 22-236.A VACANT RESIDENTIAL HOME DECLARED DANGEROUS BY THE COLLIER COUNTY BUILDING OFFICIAL. FOLIO NO: 74414040006 VIOLATION ADDRESS: 3414 CHEROKEE ST,NAPLES 11. CASE NO: CESD20140012494 OWNER: LYNNE V CADENHEAD OFFICER: INVESTIGATOR SHIRLEY GA.RCIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).A PRIMARY STRUCTURE WITH UNPERMITTED ALTERATIONS IN POOR CONDITION AND AN UNPERMITTED TWO-STORY STORAGE STRUCTURE IN POOR CONDITION. FOLIO NO: 74413200009 VIOLATION ADDRESS: 3417 CHEROKEE ST,NAPLES 6 B. Motion to Rescind Previously Issued Order C. Motion to Amend Previously Issued Order 7. NEW BUSINESS A. 2016 Hearing Schedule Discussion 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- November 20,2015 12. ADJOURN 7 October 22, 2015 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to start out with having everybody turn their cell phones to vibrate instead of ring. And I'd like to begin with everybody standing, and we'll do the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Let's begin with the roll call. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. ADAMS: Mr. Ron Doino. MR. DOINO: Here. MS. ADAMS: Mr. Robert Ashton? MR. ASHTON: Here. MS. ADAMS: Ms. Lisa Chapman Bushnell? MS. BUSHNELL: Here. MS. ADAMS: Ms. Sue Curley? MS. CURLEY: Here. MS. ADAMS: Mr. Tony Marino has an excused absence, and James Lavinski has an excused absence. CHAIRMAN KAUFMAN: Okay. So both alternates will be voting members of the Board this morning. Do we have any changes on the agenda? MS. ADAMS: No. 5, public hearing/motions, A, motion, motion for continuance, we have three additions. The first is from imposition of fines, No. 10, Tab 17, Case CEPM20140025426, Lynne V. Cadenhead. The second is from imposition of fines, No. 11, Tab 18, Case Page 2 October 22, 2015 CESD20140012494, Lynne V. Cadenhead. The third is No. 2 from hearings, Tab 2, Case CENA20150006292, CCF, LP. Motion for extension of time, we have one addition. It's from imposition of fines, No. 6, Tab 13, Case CESD20140009842, Kelly Lynn Romine. Number 6, old business, Letter A, motion for imposition of fines/liens, No. 4, Tab 11, Case CEN20150002834, Heritage Square Real Estate, LLC, has been withdrawn, and that's all the changes. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the agenda as modified? MR. ASHTON: Make a motion to accept the agenda as modified. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'd like to read the disclaimer. Notice: The respondent may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties Page 3 October 22, 2015 participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I'm sure everybody has had a chance to review the minutes. Are there any changes to the minutes that were distributed? MR. LEFEBVRE: Make a motion to approve. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and second to approve the minutes. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And we begin. MS. ADAMS: The first case, No. 5, public hearings, motions, Letter A, motion for continuance. Number 1, Tab 7, Case CENA20150008263, 333 Investments Land Trust. Page 4 October 22, 2015 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. CROWLEY: Good morning. CHAIRMAN KAUFMAN: Looks like you're by yourself this morning here. MS. CROWLEY: I am. The respondents are aware of the hearing. I know they've requested a continuance. And I received a call on Tuesday evening from the owner's daughter, and I am meeting her on site tomorrow. So I think the hearing notice got their attention. And we have no objection to the continuance. MR. LEFEBVRE: Whereabout on Whippoorwill is this site? MS. CROWLEY: It's the FP&L easement on the east side. MR. LEFEBVRE: South of Mariposa, north of-- MS. CROWLEY: Stratford. MR. LEFEBVRE: -- Stratford Place. MS. CROWLEY: That's it, yes. MR. LEFEBVRE: And partially -- it's partially cleared already? MS. CROWLEY: That is correct. MR. LEFEBVRE: Off the road. MS. CROWLEY: They've had partial abatement, yes. MR. LEFEBVRE: Partial abatement, okay. CHAIRMAN KAUFMAN: Okay. And they are looking for how long of a continuance? MR. ASHTON: November. CHAIRMAN KAUFMAN: A month. MS. CROWLEY: Yeah, one month. MR. ASHTON: One month. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to continue. MR. ASHTON: Second. Page 5 October 22, 2015 CHAIRMAN KAUFMAN: We have a motion and a second to grant a continuance. MR. LEFEBVRE: Till next meeting. MS. NICOLA: I want to -- oh, I was going to say that, because if you give a 30-day continuance, it's the 21st, and our meeting's the 20th. MR. LEFEBVRE: Next meeting. CHAIRMAN KAUFMAN: Yeah. So it will be a continuance till November 20th, which is our next meeting. We have a motion and a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. CROWLEY: Thank you. MS. ADAMS: The next motion for continuance is from imposition of fines, No. 10, Tab 17, Case CEPM20140025426, Lynne V. Cadenhead. CHAIRMAN KAUFMAN: I believe we have two cases, same subject, from Mr. Cadenhead; is that correct? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: This is on Tab 17 and Tab 18. Okay. We'll hear them one -- we'll vote on them one at a time. And this is a request for a continuance. MR. AMBACH: Correct. Page 6 October 22, 2015 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. AMBACH: Good morning. For the record, Chris Ambach, Collier County Code Enforcement. Mr. Cadenhead sent a letter in requesting an extension of time. He's going to be in court -- I believe it's federal court -- today. He was subpoenaed. He was not able to make it today. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Have operational costs been paid? MR. AMBACH: They have not been paid. The violation has been abated, however. MR. ASHTON: Pretty interesting. MR. LEFEBVRE: Because the next case they should have been paid, so... CHAIRMAN KAUFMAN: Yeah, the operational costs on Tab 17, if you will, list them as not being paid, and if I fast forward to the next case, it says they have been paid. So there seems to be a little confusion. Generally they're both paid or neither is paid, so -- okay. This is a case that's been going on for a while. If he's in court, he's in court. MR. LEFEBVRE: He's been in front of us, if I'm not mistaken, multiple times, correct? MR. AMBACH: Correct. MR. LEFEBVRE: And he's always been cordial and willing to try -- appears to try to correct the problem, if I'm not mistaken. MR. AMBACH: Correct. MR. LEFEBVRE: So I think under those circumstances, we should grant a continuance. MR. L'ESPERANCE: I'll second that. MR. LEFEBVRE: Till next meeting. CHAIRMAN KAUFMAN: Till the next meeting. Page 7 October 22, 2015 MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Don't go away. Next case or -- different person? Okay. I figured you shared. MS. ADAMS: The next motion for continuance is from imposition of fines, No. 11, Tab 18, Case CESD20140012494, Lynne V. Cadenhead. (The speaker was duly sworn and indicated in the affirmative.) MS. GARCIA: For the record, Shirley Garcia, Collier County Code Enforcement. I also did receive the letter. He mailed me one and then emailed it in, and I have no objection. CHAIRMAN KAUFMAN: Okay. Sounds familiar. MR. LEFEBVRE: And this has not been abated, correct? MS. GARCIA: No, it has. He hasn't even gotten the walk-through from Jonathan Walsh. I think he's overwhelmed with as Page 8 October 22, 2015 many issues that he has on other properties, so -- there's a lot going on. MR. ASHTON: It's going on for a while. CHAIRMAN KAUFMAN: Yeah. This one goes back to September. About a year old. MS. GARCIA: That's correct. MR. LEFEBVRE: This is the one regarding the -- his engineer said the building was safe, and then the county said no? MS. GARCIA: That's correct. And so he was granted an opportunity to remove everything from the interior so that the building official can do another walk-through and see everything completed, but he has not finished it yet and made that -- CHAIRMAN KAUFMAN: Who hasn't finished that? MS. GARCIA: Mr. Cadenhead. CHAIRMAN KAUFMAN: He hasn't emptied it out? MS. GARCIA: Not yet. As of yesterday, I was on site. It's still not -- there's still interior walls and the flooring that he needs to remove. Insulation needs to be removed as well, and electrical wires. CHAIRMAN KAUFMAN: Has he said that he was going to take a -- MS. GARCIA: (Nods head.) CHAIRMAN KAUFMAN: Okay. Do you have any problem with extending this? MS. GARCIA: No. I don't have an issue with continuing it. MR. LEFEBVRE: This one's a little different because it seems like we're going to be -- he's going to come in front of us and probably ask for an extension beyond the 30 days, because it doesn't sound like it's going to be completed within that period. CHAIRMAN KAUFMAN: Well, he'll have to come back next month anyway? MS. GARCIA: Right, correct. MR. AMBACH: Anyways, yeah. Page 9 October 22, 2015 MR. LEFEBVRE: So make a motion to continue this one till next meeting also. MR. L'ESPERANCE: I'll second that one also. CHAIRMAN KAUFMAN: Okay. This is continued to November 20th. Any other comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GARCIA: Thank you. MS. ADAMS: The next motion for continuance is No. 2 from hearings, Tab 2, Case CENA20150006292, CCF, LP. (The speaker was duly sworn and indicated in the affirmative.) MS. CROWLEY: For the record, Michaelle Crowley, Collier County Code Enforcement environmental specialist. CHAIRMAN KAUFMAN: Okay. This is the letter that was on everybody's site, if you want to take a second to read it. Okay. MR. LEFEBVRE: So the dispute in ownership is what they're -- MS. CROWLEY: That is correct. According to the Collier County records, however, they are the owner of-- this is also an FP&L easement on Radio Road. The trailer park that was adjacent to it has changed hands multiple times, but it does not appear as if the easement Page 10 October 22, 2015 has ever -- that this particular almost-4-acre parcel has ever changed hands. So the corporate office says we didn't know that we owned it. We're still looking into it, so... CHAIRMAN KAUFMAN: Well, if they own it, they could sell it and then -- MS. CROWLEY: Well, they're not likely to sell it while there's a code case open. CHAIRMAN KAUFMAN: Generally you hear the argument the other way. "It's mine" not "it's yours." Okay. Do you have any problem with granting some time on this one? MS. CROWLEY: I do not. CHAIRMAN KAUFMAN: Okay. I guess something's going to happen in the next month anyhow. I'm looking to see how much time they're asking for; 30 days. Bring us to November 20th, which is 29 days but close enough. MR. LEFEBVRE: Make a motion to continue it next month. It looks like we'll have a busy month. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. Page 11 October 22, 2015 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CROWLEY: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. ADAMS: The next case, motion for extension of time, No. 1, Tab 9, Case CESD20140010232, Mansolillo IRA, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This is a case that began November 21, 2014. We're closing in on a year. So why don't you let us know what you have in mind. MR. MANSOLILLO: This hasn't been easy. We bought the house, and when we bought the house, we couldn't really do anything because there was a violation that they were clearing up, which was for trees, pepper trees. CHAIRMAN KAUFMAN: Exotics. MR. MANSOLILLO: And so Fannie Mae, I had to spend 33,000 to take all these trees out. It was loaded with them; it just about devastated the land. And, finally, when we could get in there, we had a problem. And since then, they stole the air conditioner on both houses, they stole the water pumps, they ripped out the walls, stole all the wires, so we're trying to rebuild and refit something to something that was built 30 years ago. They didn't get the -- and I want to say what I said, they didn't get the finals back to me until the end of May. It's not because they were being hard on me or anything. It's just that it was just that difficult, because stuff that's made today didn't fit some of the stuff that they had before. We just straightened out a problem with one of the air conditioners on the small building that nothing matched. We ended up tearing out the whole ducking system and putting a new one inside, but Page 12 October 22, 2015 we had to wait and go back in for plans. This stops you from getting your rough inspection. While we were doing this -- this house is way in from the road -- this is a classic -- someone stole the telephone pole. They sawed it off at the bottom, so Collier Electric, they suggested -- I mean, Florida Power & Light suggested that we go underground and not put another pole there, they said, because they've had hurricane problems with those poles and everything else. CHAIRMAN KAUFMAN: Nobody will steal the ground. MR. MANSOLILLO: That's right. We hope. So, anyways, we can't -- we're all ready for all the rough inspections, but we can't do it till we can turn on the electricity so we can show the pump works, the water system works, and so on. There was one inspection that failed. They designed it with a two-by-six under the air conditioner framing. When, in actuality, it was a hair off on the tilt, so we had to go back and change it to a two-by-eight. It's been done. It's just been a nightmare, small things, but I kind of enjoy doing this stuff. CHAIRMAN KAUFMAN: You probably like root canals also. How long do you think it's going to take? MR. MANSOLILLO: It's got to be six months because I can't get the final inspections on the rough till after the two weeks when they put it there. Now, we've even tried to, like, prep it up to go faster. We put the Sheetrock on the ceiling because that doesn't have any plumbing or HVAC going through it. And they already inspected the electrical wires and the hookups, and they said it was okay, and they told us where we could put some Sheetrock. We're trying to go fast. I'd like to finish it up, but I got to figure it's going to be another six months, because I just know something else is going to go wrong. Page 13 October 22, 2015 CHAIRMAN KAUFMAN: Okay. Six months would bring us from -- let's see. MS. NICOLA: April 19, 2016. CHAIRMAN KAUFMAN: April 19, and our meeting? Let me just take a look -- MS. NICOLA: I don't know when the meeting is. CHAIRMAN KAUFMAN: I'll tell you. We have a list in front of us. We should probably let you -- the 29th, so that would be -- MR. ASHTON: The 29th. CHAIRMAN KAUFMAN: Do you have any problem, Ralph, with extending this? MR. BOSA: For the record, Ralph Bosa, Collier County Code Enforcement. No, I leave it up to the Board to decide. I do have the inspection reports here. And his permit is still valid. Last inspection he had was 9/24/2015 for an electric rough, which did pass. But it does show the telephone pole. It did fail; it didn't make it past that inspection. So he is staying on top of it. And I've been in contact either with him or a representative from his side. CHAIRMAN KAUFMAN: Okay. Comments from the Board? Motions from the Board? MR. ASHTON: Make a motion to extend it to April 29th. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to extend it to April 29th. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. Page 14 October 22, 2015 CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MANSOLILLO: Thank you. CHAIRMAN KAUFMAN: Hopefully we won't see you in April. MR. MANSOLILLO: Hopefully. CHAIRMAN KAUFMAN: It will be done. It will be in compliance. MR. MANSOLILLO: Listen, I don't like getting up this early in the morning anyways. After 70 you don't want to get up this early. CHAIRMAN KAUFMAN: I know the feeling. MR. MANSOLILLO: Thank you very much. MR. LEFEBVRE: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: I just want to clarify. An extension, do the fines -- are the fines still running or not? CHAIRMAN KAUFMAN: This was a request for an extension of time? MS. ADAMS: That changes the compliance date. CHAIRMAN KAUFMAN: Yes. MS. ADAMS: So the fines are not running. CHAIRMAN KAUFMAN: Okay, okay. MR. MANSOLILLO: I thought I was done. I'm sorry. CHAIRMAN KAUFMAN: You are done. MR. MANSOLILLO: Okay. Thank you very much. MR. BOSA: Thank you. MS. ADAMS: The next motion for extension of time is No. 2, Page 15 October 22, 2015 Tab 12, Case CESD20140017973, George Calderon and Tina Calderon. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. CALDERON: Good morning. CHAIRMAN KAUFMAN: You get to talk first since you're the one that is requesting an extension of six months. MR. CALDERON: Yes, sir. Well, sir, I was able to submit the paperwork on the permit, but it didn't go through. And according to the statement, there's quite some things on here that I still have to do. So that's the reason why I'm asking for the six months' extension. CHAIRMAN KAUFMAN: What has been done on the property since it was -- since you were noticed on it? Has there been any activity? You applied for a permit? This was -- as I read this, this was a room that was added with electricity but no permit; is that correct? MR. CALDERON: Correct. CHAIRMAN KAUFMAN: Is that room occupied? MR. CALDERON: It's got -- I'm using it as a storage room, so I'm storing stuff in there, and that's about it. CHAIRMAN KAUFMAN: Okay. Again, this began, let's see. I see an order in -- the second day of April is when the hearing is. Okay. What have you actually done besides apply for a permit? Has there -- any physical work that's been done, or you're trying to get it inspected and approved with an after-the-fact permit? MR. CALDERON: Yes, sir. That's what I'm trying to do. I'm trying to get the permit to go through in order to start doing anything on the room. CHAIRMAN KAUFMAN: Okay. What are you going to do on the room? MR. MUCHA: Mr. Kaufman, if I could just clarify. He does have a permit by affidavit, so they're trying to pass it -- get it permitted Page 16 October 22, 2015 as it is already. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: He did submit for a permit. There was a couple corrections that need to be made that was just sent out at the beginning of October. Nothing that looks really too serious. One of the comments here says, provide a more detailed location and distance of the septic tank, something in regards to the storage door, and then there's also a comment about the proposed use of a 220-volt outlet, which I kind of want to know why, you know, because usually that's for, like, a kitchen -- like a range or -- CHAIRMAN KAUFMAN: Dryer. MR. MUCHA: Something of that nature. So they just want to know more information. Nothing that looks -- doesn't look too serious as far as getting these corrections passed. CHAIRMAN KAUFMAN: Okay. So you have an architect that's working with you to get the affidavit; is that correct? MR. CALDERON: Yes, sir. CHAIRMAN KAUFMAN: Okay. It seems a little excessive, 180 days, to just do an affidavit. That's more or less paperwork. That's what I'm looking at. Comments from the Board? MR. ASHTON: I agree. I think 180 is a long time just for paperwork. I think 90 would be more than sufficient. MR. L'ESPERANCE: If that's a motion, I'll second it. MR. ASHTON: I'll make a motion for 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. Page 17 October 22, 2015 MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. We're going to give you an extension, which means fines don't start to accrue. They don't start charging you a fine for the next three months. If it's not done in the next three months, you're going to have to come back before the Board and let us know what progress has been made, or the fines will be implemented. Okay? MR. CALDERON: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MR. MUCHA: Thank you. MS. ADAMS: The next motion for extension of time is from imposition of fines, No. 6, Tab 13, Case CESD20140009842, Kelly Lynn Romine. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. SILVERO: Good morning, sir. CHAIRMAN KAUFMAN: We had a letter that was written to you regarding this that the respondent's going to be in Tennessee for three weeks. They were looking for a 30-day extension on this matter. My concern on this -- you can give us your two cents on this -- is that it looks like, unless it's wrong, that the assessed operational costs have not been paid; is that correct? MR. SILVERO: That's correct, sir. MS. ADAMS: That's correct. Page 18 October 22, 2015 CHAIRMAN KAUFMAN: Okay. So if you could give us a status on this. MR. SILVERO: Good morning. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. The status of the violation is they have obtained permits and they have commenced inspections but not completed as of yet. Due to the respondent being in Tennessee -- she was caring for family that was ill. She should be back the first week of November -- she is requesting 30 days to complete inspections and have the CO issued. When I spoke to the respondent yesterday, she was unaware operational costs -- or that there was operational costs due. She said as -- or she stated as soon as she comes back she'll have that paid. CHAIRMAN KAUFMAN: Okay. Comments from the Board? (No response.) CHAIRMAN KAUFMAN: In reading the case, she did contact the -- she did contact Code Enforcement. She has pulled the permits, so there is activity that's going forward on this; is that correct? MR. SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you have any problem with granting an extension of time for a month? MR. SILVERO: The county has no objection. CHAIRMAN KAUFMAN: Okay. Sue? MS. CURLEY: There's no electric or anything hazardous? MR. SILVERO: No, ma'am. MR. DOINO: Make a motion -- CHAIRMAN KAUFMAN: You'd like to make a motion? MR. DOINO: Make a motion for 30 days. CHAIRMAN KAUFMAN: Okay. MR. DOINO: To the next meeting. CHAIRMAN KAUFMAN: Next meeting. Page 19 October 22, 2015 MR. ASHTON: Could you put a stipulation that the extension -- as long as the operational costs are paid? CHAIRMAN KAUFMAN: Yes. MR. DOINO: Most definitely. CHAIRMAN KAUFMAN: Okay. So the motion is to grant an extension till November 30th. MS. NICOLA: 20th. MR. ASHTON: November 20th. CHAIRMAN KAUFMAN: Oh, I'm sorry. November 20th, and that the operational costs will be paid prior to that date. MR. SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Sounds good. CHAIRMAN KAUFMAN: She said -- MR. LEFEBVRE: She'll be back in three weeks, so more than likely she'll probably bring a check to our meeting. CHAIRMAN KAUFMAN: Okay. As long as she gives it. CHAIRMAN KAUFMAN REPORTER: Who was the second? CHAIRMAN KAUFMAN: Bob Ashton. Okay. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) Page 20 October 22, 2015 CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Steve. MR. SILVERO: Thank you, sir. MS. ADAMS: The next case, Letter C, hearings, No. 1, Tab 1, Case CEROW20140012496, Maria Padilla. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your full name on the mike? MR. GUDINAS: Good morning. My name is Jesus Gudinas (phonetic). I'm the son of Maria Pedilla. She couldn't make it. She's sick at home. CHAIRMAN KAUFMAN: Okay. You have her permission to represent her at this meeting? MR. GUDINAS: Yes. I'm actually the one that actually's in contact with the Code Enforcement. CHAIRMAN KAUFMAN: Okay. MR. GUDINAS: She had bought the property next to a house that she owns. We combined the properties, put a culvert in, and -- without the permit, then we -- CHAIRMAN KAUFMAN: Let me stop you a second. The county should make their case first, and then you can explain everything that you just started to explain, okay? MR. GUDINAS: Okay. CHAIRMAN KAUFMAN: Okay, great. MR. KINCAID: Good morning. CHAIRMAN KAUFMAN: I didn't want to preempt you. MR. KINCAID: That's all right. Thank you. Good morning. For the record, Jim Kincaid, Collier County Code Enforcement. This is in reference to Case No. CEROW20140012496. It's dealing with a violation of the Collier County Code of Law and Page 21 October 22, 2015 Ordinances, Chapter 110, Article II, Division 1, Section 110-31A. It's an enclosure of a swale in the right-of-way. It's -- the violation location is 5341 Mitchell Street, Naples, Florida. Folio Number is 62254520002. Service was given on June the 24th, 2015. And I would like to propose the following exhibits as evidence in the case: One picture taken on June the 23rd, 2014; one picture taken on June the 1st, 2015; one picture taken on October the 21st, 2015; and one aerial photograph. CHAIRMAN KAUFMAN: Has the respondent seen these photos? MR. KINCAID: He has not, sir. CHAIRMAN KAUFMAN: Okay. Why don't you show them to the respondent. And then you let me know if those are pictures of the property and if you have any objection to entering them into -- as evidence. MR. GUDINAS: They are the plants. The two of them is on different spots now. We had to move the plants over because they were on the right-of-way. So that -- I just want to clarify that. CHAIRMAN KAUFMAN: Okay. But those are the pictures? MR. GUDINAS: Correct. CHAIRMAN KAUFMAN: Okay. Accept a motion for accepting the photos as an exhibit. MR. ASHTON: Make a motion to accept the photos as an exhibit. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. Page 22 October 22, 2015 CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. KINCAID: On June 23, 2014, Code Enforcement received a complaint from the Collier County Road Maintenance Department that work had been done in the right-of-way at 5341 Mitchell Street without applicable permits. I made a site visit on the same day and observed an enclosed swale, and construction of a berm with a hedge in the right-of-way area on June the 24th, 2014. NOV was issued and posted at the property. Permit for the work was issued on July 31, 2014, and expired on January 27, 2015. The Road Maintenance Department granted a short extension to that permit to complete the work. That also expired on July 1, 2015. A search of CityView showed that a second permit had been applied for and was in "under review" status, and as of this morning at approximately 7:30, that permit remained in "ready for issuance" status, and sometime between 8 o'clock and the time I arrived here for the hearing the permit was issued. And that's kind of where we stand. So there is a permit that has been issued for the work, but it was issued -- CHAIRMAN KAUFMAN: After the case was -- MR. KINCAID: This is -- you're getting on to -- June, July, October -- 16 months, 15, 16 months long. CHAIRMAN KAUFMAN: Okay. Could you put the first picture back up, Kerry. MR. KINCAID: This was the original violation that Road Page 23 October 22, 2015 Maintenance called Code Enforcement about, and Road Maintenance called it in as 5341 . At that time it was actually two properties, two separate folios. So there were two kind of concurrent cases running at the same time, one on each property. And since that time, the property -- before the permit -- or before the permit was issued, the first permit, the properties were joined together under one folio number. So this case addresses both properties, which are now one folio. CHAIRMAN KAUFMAN: The picture before with the green grass, am I looking at the -- what am I looking at in this picture? MR. KINCAID: Well, as you can see in this picture, the hedge has been moved back. CHAIRMAN KAUFMAN: Okay. MR. KINCAID: And this was done -- this work was done under the permit that was pulled. I believe it was the one that expired on the 27th of January. That work was done at that time, but it's not complete. CHAIRMAN KAUFMAN: Okay. Let me ask, the pipe in question, is that what I'm looking at there? MR. KINCAID: Yes, sir. CHAIRMAN KAUFMAN: So that was put in prior to -- and I see it only goes -- it spans that one area there. What happens after that area? In other words, behind where the mailbox is, is there a swale there? Is there a pipe there? MR. KINCAID: Well, there's a second -- there's two lots there, Lot 23 and Lot 24. So what the defendant did was he started at his driveway pipe -- CHAIRMAN KAUFMAN: Okay. MR. KINCAID: -- and ran a pipe and built that berm and the hedge all the way across the front of two properties. It was one solid pipe. No breaks, no culvert ends, no nothing. It was just one pipe that Page 24 October 22, 2015 went from Lot 23 all the way to the end of Lot 24. So where you see that -- MR. LETOURNEAU: How about that right there? You could point it out a little better on the aerial, couldn't you? Or no? CHAIRMAN KAUFMAN: Okay. So it starts at the driveway right where that car is. So there are two pipes there; is that correct? MR. KINCAID: Yes, sir. This is a residence -- the residence right here. CHAIRMAN KAUFMAN: Right. MR. KINCAID: There is one pipe there now, and there's one pipe down here now. CHAIRMAN KAUFMAN: Okay. MR. KINCAID: Originally, when we got the complaint to begin with, from the right-hand side of Lot 23 all the way to the left-hand side of Lot 24 was one solid pipe. It was covered, and the berm and the hedge was built on top of it right at the street. CHAIRMAN KAUFMAN: Okay. Then the -- I'm trying to get this in time frame. MR. KINCAID: Okay. Then the guy -- then the guy gets a permit. CHAIRMAN KAUFMAN: Okay. MR. KINCAID: He goes down. He applies for a permit. Right-of-way issues him a permit. CHAIRMAN KAUFMAN: A permit to do what now? MR. KINCAID: To install a driveway entry on Lot 24. CHAIRMAN KAUFMAN: Okay. MR. KINCAID: Which is this entry right here. CHAIRMAN KAUFMAN: Okay. So he -- he moved the hedge back? MR. KINCAID: Correct. CHAIRMAN KAUFMAN: And he put a pipe in that goes -- that Page 25 October 22, 2015 spans from Lot 23 -- from the right-hand side of Lot 23 to the left-hand side of Lot 24? MR. KINCAID: That was -- that was underneath the berm and the hedge to begin with. CHAIRMAN KAUFMAN: Right. And then to do that, he had to move the hedge back. MR. KINCAID: Right. He moved the hedge back, dug that all up. CHAIRMAN KAUFMAN: Okay. And was that permit CO'ed? MR. KINCAID: No, sir. That permit expired. CHAIRMAN KAUFMAN: Okay. So was there a reason that it wasn't CO'ed? They didn't apply for it or what? MR. KINCAID: The work was never completed. CHAIRMAN KAUFMAN: Okay. MR. KINCAID: In other words, the issue now, as I understand it, talking from Mr. Larry Humphreys at Road Maintenance, is that you cannot have a driveway swale with a pipe. You cannot turn onto the road onto dirt or grass. So in order for him to get a CO on the permit, he has to pour -- where that pipe is on Lot 24, he has to bring that down to whatever county specs are, but he also has to pour a concrete or asphalt or some kind of hard-surface entry onto that lot from the street. CHAIRMAN KAUFMAN: You mean between Lot 23 and 24? MS. CURLEY: Even if he's not going to use it as an entryway to the property? MR. KINCAID: This area right here, there has to be a concrete or hard-surface entry onto the property. He cannot enter that driveway area onto grass or unpaved area. CHAIRMAN KAUFMAN: Okay. Now, where -- are there cars parked on that lot that I'm looking at? I just can't identify it. MR. KINCAID: It's various pieces of commercial equipment and Page 26 October 22, 2015 commercial vehicles. CHAIRMAN KAUFMAN: So there's no -- no access to Lot 24 is what the county is saying; is that correct? MR. KINCAID: Correct, other than going around through the back of Lot 23 or across the front yard of Lot 23 onto Lot 24. But technically it's all one lot. CHAIRMAN KAUFMAN: Okay. So now it is one lot? MR. KINCAID: Correct. CHAIRMAN KAUFMAN: So you don't need that concrete on Lot 24 if you can access the property from Lot 23. MR. KINCAID: It does not need the concrete, but the driveway pipe cannot be there unless the concrete is there. So he has two options. Number one is to pour the hard-surface entry from the asphalt onto the property, or remove the pipe, remove the pipe ends, and return the swale to a permitted state and get it permitted; no pipe. MR. LEFEBVRE: But now it's one lot. MR. KINCAID: It is one lot, correct. MR. LEFEBVRE: So then -- in the beginning of your testimony you said that -- Lot 24, but there's no Lot 24 anymore. It's all -- MR. KINCAID: No. The lot's still there. It's one folio number. There's two lots. MR. LEFEBVRE: Right. MS. CURLEY: So -- I have a question. So you're interfering that by him having this not-yet-finished piping that they may at some point in the future use it as an access to the lot? MR. KINCAID: Correct. MS. CURLEY: So they either need to remove it -- MR. KINCAID: Correct. MS. CURLEY: -- so there is an access or make it proper? MR. KINCAID: Correct. It can be used at any time, or they could subdivide it and make it two lots again and sell it. Page 27 October 22, 2015 CHAIRMAN KAUFMAN: Okay. Let me fast forward a little bit. MR. KINCAID: Okay. CHAIRMAN KAUFMAN: You said that this morning a permit was issued? MR. KINCAID: Yes, sir. CHAIRMAN KAUFMAN: To do what? MR. KINCAID: To -- let me give you the exact wording off of the permit. Completing construction of driveway with hard pavement. MS. CURLEY: Perfect. CHAIRMAN KAUFMAN: So he has applied for a permit to -- MR. KINCAID: Correct. The permit -- CHAIRMAN KAUFMAN: -- correct the code violation? MR. KINCAID: Correct. The permit was actually applied for in June, and it has been in various states. It was under review when I first observed it, but it's been sitting down there now for quite some time in ready-for-issuance status and wasn't picked up. So when it sat down there from June to October, I called Larry Humphreys at Transportation Department, and he said that they were not able, with their conversations with the property owner, to get the property brought into compliance. He felt like the best solution to the problem would be to bring it to CEB, get a compliance date, perhaps some fines after that date if it wasn't brought into compliance. So I'm not even sure that -- if he realizes now that the permit's been issued. But what Code Enforcement is seeking here -- we don't have any problem with a permit being issued. Our issue is that six months from now we're going to be standing here again, and we're going to be talking about the same issue, because we went over a year trying to get this corrected, and it's not corrected. So we would like to have the scope of the permit reduced to a few -- as few a days as possible and have some type of fine attached to it, if Page 28 October 22, 2015 it's not brought into compliance, to act as a motivation to get this work either finished or returned to the original state and permitted and then the case closed. CHAIRMAN KAUFMAN: Yeah. I don't think that we can change the county ordinance or codes on how long a permit has. I believe it's six months in between inspections; is that correct? So I don't think we can change that. But let's hear from the respondent and see what he has. Obviously there's been some motivation here since a permit was pulled today. MR. GUDINAS: Well -- CHAIRMAN KAUFMAN: Good morning. MR. GUDINAS: Good morning. Well, if-- the permit wasn't pulled today. Actually we applied on it on Month 6. It took this long because I kept meeting with the transportation people. Because when my mom bought property, for the same reason we joined it, she wanted the whole front pipe and grass there. She didn't want a swale. Well, we didn't know that the only way to do that, you needed a right-of-way permit. We went and got the right-of-way permit, cut the pipe, made the swale. We figured that the entrance, being that there's -- it's one property now and you can access it from one side, that it would be fine having that section with grass, because she doesn't want the swale. Well, we went back and forth. The permit expired. We didn't know that we had to put a hard surface on that one lot. Well, it's one now in that one section. I met with three people from the Department of Transportation and said, what do you guys need me to do? They couldn't give me an answer. I said, I'll pull the pipe out. We'll make the swale just to get this over. We met and met, and nobody ever got back to us. Page 29 October 22, 2015 So, finally, I got a letter here on August 31st saying that we can -- I can give it to you guys. But we did put for a permit six months ago, and now we picked up the permit today. We know that we've got to put a hard surface. We don't know why, but we are going to do it because you -- in order to have the pipe, you need a hard surface. So, like I said, we do have a permit. It's not that we were not in compliance. Nobody at one point in time said you need to put a hard surface there or else we would have done it. CHAIRMAN KAUFMAN: Okay. I can understand your thought on that. What I don't understand is if it is one lot -- I guess in the future it can be divided into two lots. And I would think at that time that hard surface would -- and I'm just trying to use logic -- would have to be put in. Why would you have to put in a hard surface now if it's one lot? As Jeff comes to the microphone. (The speaker was duly sworn and indicated in the affirmative.) MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I think we're losing focus of what code is up here for, and it is that they put in -- they did work in that particular right-of-way without a permit, and that's all we're asking for is him to get the permit, inspections, and CO. The right-of-way department has told him that they need a driveway. If you're going to do that type of work in any swale in Naples Manor, you're going to have to have a concrete assault apron in there. Now, I want to say that -- how long was that permit in ready-to-issue status, Jim? Do you remember? MR. KINCAID: I picked up on it -- MR. LETOURNEAU: Well, we're sitting here 15 months after code first notified this gentleman that there was an issue, and he let the original permit expire. They gave him two extensions. Those both Page 30 October 22, 2015 expired. He applied for this permit for the apron in -- what was that, again -- in August or -- MR. GUDINAS: Month 6. MR. KINCAID: July -- I mean June. MR. LETOURNEAU: And here we are in almost November, and he picks up the permit the day of the hearing. So Code's only asking for the gentleman to get the permit CO'ed -- inspected and CO'ed for the work that was done in there. Whether or not the apron -- that's kind of moot at this point, I believe. CHAIRMAN KAUFMAN: Well, no, it's not moot. If the permit that was pulled is completed, that would resolve the situation; is that correct? MR. LETOURNEAU: It would. The permit he has in his hand right now would resolve the situation. CHAIRMAN KAUFMAN: Okay. So let me try this. Are you going to have that resolved? MR. GUDINAS: Yes. We're going to put a hard surface. And, again, it wasn't my doing. And it took from Month 6 -- I have the same issue -- four months to get the permit. And I have a letter here from the lady that actually provided -- CHAIRMAN KAUFMAN: Okay. Let me make this easy for you. How long do you think it will take you to put that hard surface in? MR. GUDINAS: Well, we're going to take -- because of the holidays coming and all that, the pavers that we are ordering, it takes six weeks to get them in. And being that the holidays are coming in, we are going to be done before the permit expires. The permit is issued from -- they just issued it 10/15. It expires Month 4, 13 of 2016. Again, because of somebody at the county not issuing the permit when they needed to, we would have been done. So, like I said, we didn't know at the beginning what hard surface they wanted. And like I -- Page 31 October 22, 2015 CHAIRMAN KAUFMAN: So you're going to put pavers in as your hard surface -- MR. GUDINAS: Pavers, correct. CHAIRMAN KAUFMAN: -- rather than a concrete slab or asphalt? MR. GUDINAS: Correct, because actually the other driveway is actually pavers and, actually, the driveway wraps around the house, which that's what my mother couldn't understand, why do we have to have another entrance, but -- because of the culvert, I understand, so that's where we're going to put a hard surface. CHAIRMAN KAUFMAN: So in all likelihood, you will be done probably in the next two months? MR. GUDINAS: I would say 10 of January. CHAIRMAN KAUFMAN: Okay. Do you think you'll be done by January 29th? MR. GUDINAS: Yes. CHAIRMAN KAUFMAN: Because that's our next meeting. Jeff disappeared too quickly. MR. LETOURNEAU: I'm sorry. I apologize. I thought you were done with me. MR. LEFEBVRE: I still have a question. I still have some questions. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Lot 24, is that a row of hedges that's behind the culvert? MR. GUDINAS: Yes. That's on the property line. MR. LEFEBVRE: Okay. So you're going to put a driveway to a row of hedges? MR. GUDINAS: We're going to take them off, because they can't seem to understand that we're not going to use it to -- but, yes, we're going to take them off That way they want to go drive in, they Page 32 October 22, 2015 can drive in. MR. LEFEBVRE: I still don't understand why they're being asked to put a hard surface in when there's no access to the property. Once access was being granted, then at that point they should have to put a hard surface in. If it's not going to be used as a driveway, why would it need to have -- MR. LETOURNEAU: I believe that if you do that type of work in the right-of-way in Naples Manor -- the only reason to do that type of work is to put a driveway in. I don't think you can have an enclosed culvert unless you have a driveway. It has to be an open swale. So if you want the enclosed culvert, you have to have the driveway. That's the only time they allow a closed culvert; is that correct, Jim? MR. KINCAID: I believe that's it. MR. GUDINAS: Now, on that question, do I have to move those plants or -- I could put the hard surface, but on the property we can have plants, right? CHAIRMAN KAUFMAN: I guess you can -- MR. LETOURNEAU: That's something -- I believe that if you get the apron in there, you're -- that's a good question. You're going to have to come down and -- MR. GUDINAS: Well, actually, the Department of Transportation, that's where I met with three guys, because they can't seem to think what -- and exactly, we have to put the hard surface, we'll be in compliance. And he says, well, how you going to get across? Well, there's another driveway over there. CHAIRMAN KAUFMAN: Tell him you're going to use a bicycle. MR. GUDINAS: No, actually we have a big -- I have a big truck. And I said, I'll drive over the plants, and you can be here when I do it. That way you can -- Page 33 October 22, 2015 MR. LEFEBVRE: How far in does he have to go with the driveway? MR. GUDINAS: Just to the property line. MR. LEFEBVRE: So the right-of-way has to be covered? MR. GUDINAS: Right to the property line. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: So you're going to put pavers in from the road? MR. GUDINAS: To the property line. CHAIRMAN KAUFMAN: To the trees. MR. GUDINAS: Yes. MR. LETOURNEAU: I got to say, bottom line, though -- Mr. Padilla -- is it Padilla; is that your name? MR. GUDINAS: Yes, that's my mother. MR. LETOURNEAU: If-- if they would have got the permit in the beginning before they did the work, they would have probably known what they could have done, instead of just doing it without the permit. MR. GUDINAS: Well, again, we figured we could -- before, you could put a pipe and put grass, but now the codes have changed, so that's why. CHAIRMAN KAUFMAN: Okay. Why don't we cut to the chase here. MR. LEFEBVRE: Make a motion a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: Yeah. MR. DOINO: I'll second. CHAIRMAN KAUFMAN: We have a motion that a violation exists, and we have a second. All those in favor? MS. BUSHNELL: Aye. Page 34 October 22, 2015 MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. A violation -- it carries. A violation exists. Now, to resolve it, if someone would like to take a shot at a motion, I would think January 29th. Even though your permit goes farther than that, you think you can have everything done by January 29th? MR. GUDINAS: Yes. Once I call the inspections and all that and everything passes, then we don't have to come back here again? CHAIRMAN KAUFMAN: That's correct. MR. GUDINAS: I won't have to come back because of the bushes being on the front? CHAIRMAN KAUFMAN: Yeah, if you're in compliance, someone's going to come there, undoubtedly, and see that you have a road that goes to nowhere. But they have built those in the past. MR. GUDINAS: Yes, they have. CHAIRMAN KAUFMAN: They have one called Oil Well. It's a big highway out -- but would that satisfy the county that it's done by the 29th? MR. KINCAID: Yes, sir. MR. LETOURNEAU: Definitely. CHAIRMAN KAUFMAN: Okay. Jeff, go hide. Okay. Would someone like to make a motion to that effect, or would you like me to make a motion? Page 35 October 22, 2015 MR. LEFEBVRE: Okay. Let's see. CHAIRMAN KAUFMAN: Basically it's to complete the permit by the 29th of January, which is our next meeting. MR. LEFEBVRE: Twenty-ninth of January 2016, right-of-way, everything must be -- MS. NICOLA: I just have a question. If the permit doesn't expire until April and if the Board cannot reduce the time allowable under the permit because it was issued by the Building Department, I'm assuming -- MR. GUDINAS: We'll have it done before that. MS. NICOLA: -- then I'm just wondering how we can fine him if his permit is still valid and not expired by the time that we bring him back in January. That's my only quandary as an attorney. How do you fine somebody and say they're not in compliance if their permit's still valid? It worries me a little bit. CHAIRMAN KAUFMAN: Well, I think it's been on the books and been going back and forth for an excessive period of time. The respondent feels that he can get it done by the 29th. I don't have any problem with an order for -- that takes it to the 29th. And should it not be finished by the 29th, he would come back before us. MS. NICOLA: I mean, I'm just thinking -- practically speaking, I think it would make more sense, in my opinion, to continue it until the 29th for, like, a status to see where he's at with it versus having this be a violation order and then, you know, we can impose fines. It doesn't make logical sense to me to impose fines when there's an open permit that's not going to expire for another three months. CHAIRMAN KAUFMAN: Let me ask this question. Had that permit been issued last week instead of this morning, would we be here in this situation now? MR. LETOURNEAU: Possibly, just because of the history of the expirations of the original permits. We've brought permit cases before Page 36 October 22, 2015 the Board and the Special Magistrate before even when they had the permit issued because some people -- and I'm not saying this to this gentleman, but some people like to play the game of, they get the hearing notice, they get the permit issued, they let it expire, and they just keep doing the same thing, and eventually we want the Board to make a decision on -- and pin the person down to get this thing taken care of. That's basically what we want to do. Now, I'm not saying that's in this instance, but the gentleman did get the permit the day of the hearing, so we felt it best to bring it forward at this point. MR. GUDINAS: Well -- and, like I said, I did apply for it four months ago. CHAIRMAN KAUFMAN: Okay. Mr. Lefebvre, would you continue with your motion? MR. LEFEBVRE: Sure. Well, what I want to first say is, yes, he has a permit for six months but unlike where, let's say, you go to build a house, you don't build a house first and then say, I'm going to go get a permit. So at that point, when you go to build a house, there's no violation. Now there's a violation on the property. So it's a little bit different than if you went and got the permit and then did the work, so there is a violation. So with that being said, grant him until January 29, 2016, or a fine of$150 a day will be imposed and then, No. 2 would be -- we'll keep the same, and operational costs to be paid within 30 days in the amount of 65.01, if I see this correctly. CHAIRMAN KAUFMAN: Okay. Do we have a second for that motion? MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any discussion on the motion? (No response.) Page 37 October 22, 2015 CHAIRMAN KAUFMAN: I think it meets everybody's criteria. The county's happy. You happy? MR. GUDINAS: Yes. CHAIRMAN KAUFMAN: Okay. Your plants are happy. MR. GUDINAS: Yes. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. GUDINAS: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. ADAMS: The next case is No. 3, Tab 3, Case CEAU20150003344, Bradley Goodson and Leigha Wilson. (The speaker was duly sworn and indicated in the affirmative.) MS. GARCIA: For the record, Shirley Garcia, Collier County Code Enforcement. I would like to request the Board hear No. 4 first and No. 6, since they're the same ordinance violation, same owners. They're adjacent properties with the same issue on it. CHAIRMAN KAUFMAN: Okay. You want to modify the agenda to show 4, 6, and then 3; is that correct? MS. GARCIA: That's correct. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: All those in favor? Page 38 October 22, 2015 MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Case 4. MS. GARCIA: For the record, Shirley Garcia, Collier County Code Enforcement. This is in reference to Case No. CELU20140025168 and CELU20140025432 dealing with the violations of Collier County Code -- Land Development Code 04-41, as amended, Section 2.03.03. It's outside storage consisting of, but not limited to, numerous household items, washers, plastics, metals, vehicles, car parts, tires, et cetera. The location of the violations are 2448 Florida Avenue and 2432 Florida Avenue; Folio 75760120006 and 75760160008. CHAIRMAN KAUFMAN: Are both of those folios owned by the same person? MS. GARCIA: Yes, they are. CHAIRMAN KAUFMAN: Okay. MS. GARCIA: Service was given on March 13, 2015. And I would like to present case evidence in the following exhibits. CHAIRMAN KAUFMAN: Why don't you describe what they are, five photos, three, whatever it is. MS. GARCIA: Okay. On December 18, 2014, I took a photo, and I'd like to submit that into evidence. I have an aerial view, October Page 39 October 22, 2015 21, 2015. I have more -- and also I have more photos from April 17, 2015, and another aerial of the -- CHAIRMAN KAUFMAN: Could you count --just give us a total of the amount of pictures you have, and then we'll take a motion from the Board to accept them. Do I hear a motion? MR. ASHTON: Make a motion to accept. MR. DOINO: Second. MS. GARCIA: Eight photos. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the eight photos. We have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GARCIA: I originally received the complaint December 18, 2014. A case was opened. After research, it has -- it was shown that there was two separate addresses, two separate folio numbers, so I addressed them both at the same time and opened a second case. I went out, and on my initial complaint on December 23rd, I took photos. I observed multiple outside storage uses that are prohibited by Page 40 October 22, 2015 the ordinance. And I made a site visit on the 23rd, and I spoke with the girlfriend of the owner -- she was available -- and explained to her what the complaint was and that it was a violation to keep the outside storage. That was on October 21st. Yesterday I went out, and it's even worse than when I originally got the complaint, so... She was very cooperative in the beginning. She was saying thank you to me because she's been trying to clean up this property, that her boyfriend keeps piling stuff on, and she wants to get it cleaned up. So I worked with her. I gave her extensions. I provided cleanup dates where they had free dumpsters where they could be provided with those. And I went out and offered my assistance. If she needed any help, I'd be glad to, you know, give her recycling days for bulk pickup as well. I dropped off brochures from the recycling centers and also for public utilities that do bulk pickup for free. There was numerous household items. I also provided her locations where they could recycle and sell the items per weight. A lot of it was metals which they could earn money from if they went out to the recycling centers that were out in town or Fort Myers, give her those locations, and advised that, you know, she could do that as well. They did have a trailer, so that was accessible to them, and they had a truck, so... It was some improvement over the months. I went back in April 15th, and it was a significant improvement on the one address at 2432 Florida where the main primary structure was, but it was still not significant enough for me to close it. There was still some outside storage. I recommended what -- she had a garage on the 2448 address. I recommended they put it in there. She said it was packed. I told her I could not close out the case until it was completely abated. Page 41 October 22, 2015 They had numerous items on 2448 still, so, again, I proceeded with the hearings. CHAIRMAN KAUFMAN: Okay. And Bradley Goodson is the boyfriend? MS. GARCIA: Yes, sir. He's the listed owner. CHAIRMAN KAUFMAN: And Wilson is the -- MS. GARCIA: I've never met -- I believe at one point that was his wife when they purchased. She's not in the picture, but she's still listed as the owner of the property. CHAIRMAN KAUFMAN: Okay. Well, any comments from the Board? Does anybody see that there might possibly be a violation there? MR. LEFEBVRE: Make a motion a violation exists. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MS. GARCIA: I do. I have a recommendation. They're going to be separate recommendations. Page 42 October 22, 2015 CHAIRMAN KAUFMAN: For each case, I understand. MS. GARCIA: Perfect. We'll start out with CELU20140025432. The description of the violation, outside storage consisting of, but not limited to, numerous household items, metals, plastic — CHAIRMAN KAUFMAN: Hold on. Slow down. It's coming. MS. GARCIA: Oh, sorry. CHAIRMAN KAUFMAN: Okay. MS. GARCIA: The recommendation is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of 65.01 in this case within 30 days and abate all violations by ceasing and removing all outside storage use or store in a completely enclosed garage or building within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. Number 2, that the respondent must notify the code enforcement investigator when the violation has been abated in order for the investigator 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 or may use the assistance of the Collier County Sheriffs Department to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Let me ask a couple of quick questions. MS. GARCIA: Okay. CHAIRMAN KAUFMAN: Do you have a separate case, without me looking through everything, for vehicles that don't have tags on them, or is that part of this? MS. GARCIA: No. That was just new on the property. The other vehicles were licensed, and they were operable when the case originally started. Page 43 October 22, 2015 When I went back yesterday, there were multiple inoperable unlicensed vehicles that just appeared, but -- so I -- at the time the case was open, that was not the issue. CHAIRMAN KAUFMAN: Okay. MS. GARCIA: There were just a lot of metal parts and car parts not an actual frame and the vehicles that you saw in the current photo. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at a motion? MR. LEFEBVRE: Another question. In your estimation, how many dumpsters, like large -- like 30 cubic yard, large dumpsters would it take to get rid of this stuff? Any kind of idea? MS. GARCIA: I've done a lot of cleanups. Maybe six or seven, possibly. MR. LEFEBVRE: Wow. MS. GARCIA: Between the two addresses now. MR. LEFEBVRE: Okay. So it's no small feat? It's not like a weekend project where you go out and -- MS. GARCIA: Originally in December, when it started, if they would have done little by little -- because it wasn't as much as it is yesterday. I mean, it was small compared to what is out there. A lot of it was on trailers. They had several trailers when I originally got the complaint. And most of the stuff, most of it, was on -- packed on the trailers. Now they're just everywhere. CHAIRMAN KAUFMAN: Is this a business that's being run there, or is -- MS. GARCIA: I didn't get the feel that there was. The owner, I only spoke to him on a few occasions because he works someplace out of this county. So I think it's -- either he brings it in -- I don't know. I can't -- she said he likes to hoard things, and their house is the same way in the interior, and the garage is the same way in the interior. That's why she couldn't put a lot of the stuff in the garage. Page 44 October 22, 2015 CHAIRMAN KAUFMAN: Is this RS 1? MS. GARCIA: It's RSF -- CHAIRMAN KAUFMAN: RSF 1? MS. GARCIA: I believe, yeah. CHAIRMAN KAUFMAN: Six. MS. GARCIA: Each one. I'll look. CHAIRMAN KAUFMAN: It's a residential. MS. GARCIA: It's a residential, that's correct. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Well, it sounds like if he's not in town, she has the liberty to get rid of stuff. MS. GARCIA: Well, he works a lot, she says; like 80 hours a week. And she did. She made significant improvements in the beginning on the one address where their home is. Unfortunately, it was -- it was not enough. MR. LEFEBVRE: A couple questions I asked -- sorry for cutting you off-- is to see how long it would take to remove this. If it was just a few items, you know, 15 days or so. But I think it sounds like it's going to take longer. So let me try to give this a shot. The operational costs to be paid within 30 days of 65.01, and in No. 1 -- let me see -- within 45 days of this hearing or a fine of$200 a day will be imposed. MR. DOINO: Second. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: Okay. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: I have a question. Forty-five days kind of puts us in the middle of our meetings. No meeting in December. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Thirty days takes us to the end of-- Page 45 October 22, 2015 almost to the end of November. MR. LEFEBVRE: Yeah. I thought about that but, realistically, you know, if he's working a lot of hours, I want to give him time to actually -- give him an effort to remove it. I mean, if you give him too short of a period, he's just going to throw his hands up and not -- MR. DOINO: Take it to January. MR. LEFEBVRE: So I'm thinking 45 days will take you until mid December, and then -- MS. NICOLA: December 6th. MR. LEFEBVRE: Then we can look at our meeting and see where -- in January. MR. DOINO: In January. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Well, if you're going to give him extra time, why don't you give him 60 days, and then that's -- our meeting is after the 60 days. MS. NICOLA: Sixty days would be December 21st. CHAIRMAN KAUFMAN: Twenty-first. MR. LEFEBVRE: Fifteen days isn't going to hurt anybody, so that'd be fine. I amend my motion to 60 days. MR. L'ESPERANCE: I'll amend my second. MR. DOINO: Mine also. MR. LEFEBVRE: There are several cases. MR. DOINO: My second also. CHAIRMAN KAUFMAN: This is one of three. MR. LEFEBVRE: One of four, actually. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? Page 46 October 22, 2015 MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. That takes care of Tab 4. Which brings us to? MS. ADAMS: That was actually Tab 6. CHAIRMAN KAUFMAN: Tab 6. MR. LEFEBVRE: Now we're going to 4. MS. ADAMS: Now we're going to 4. CHAIRMAN KAUFMAN: All right. Now we're going to 4. MR. LEFEBVRE: Then we're going to go to 3, then to 5. (The speaker was previously duly sworn and indicated in the affirmative.) MS. GARCIA: Correct. This is in reference to CELU20140025168. The recommendation is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of$65.01 incurred in the prosecution of this case within 30 days and abate all violations by ceasing and removing all outside storage use or store in a completely enclosed garage or building within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the Page 47 October 22, 2015 violation, the county may abate the violation using any method to bring the violation into compliance, may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Just for the record, we're hearing these -- one hearing and voting on each case individually. MS. GARCIA: Correct. CHAIRMAN KAUFMAN: Now, Gerald, you did such a wonderful job on the last motion, would you like to take a shot at this one? MR. LEFEBVRE: Well, do you have any other pictures that -- MS. GARCIA: Well, I put them all together -- MR. LEFEBVRE: It's all inclusive. MS. GARCIA: -- in the same because they were joining properties, so -- MR. LEFEBVRE: Do we have to enter that as evidence for this case, too? MS. NICOLA: I don't think so. CHAIRMAN KAUFMAN: We heard them together. MS. GARCIA: Together. MS. NICOLA: You kind of heard them together, so I don't think it makes sense to repeat it. MR. LEFEBVRE: Okay. Operational costs be paid in the amount of 65.01 and, No. 1, 60 days of this hearing or a $200 fine will be imposed. So we'll keep it the same as the previous. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? Page 48 October 22, 2015 MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Which brings us to? MS. GARCIA: Number 3. CHAIRMAN KAUFMAN: Tab? MS. ADAMS: It's going to be No. 3, Tab 3, Case CEAU20150003344, Bradley Goodson and Leigha Wilson. CHAIRMAN KAUFMAN: Okay. (The speaker was previously duly sworn and indicated in the affirmative.) MS. GARCIA: For the record, Shirley Garcia, Collier County Code Enforcement. This is in reference to CEAU20150003344. The violation location is 2432 Florida Avenue. The reason why I'm saying these ones separately is because yesterday there was a permit issued on one of the addresses, so I would like to keep that separate. I was going to join them together the same since they're both fence-permit violations, but she did come in and expedite a permit for one of the addresses. This originally came in after the land use. Once I observed the violations on the land use cases, I was called from another complainant. We got another call and a complaint that they started to Page 49 October 22, 2015 install a privacy fence without a permit. I had to return back to the property in February 18th, and I did observe that they did start to install. It was leaning, actually -- the partitions were leaning on the chain link. I went back on February 20th, and I spoke to Shelaya (phonetic) -- she's the girlfriend of the property owner -- and she did say that they were going to install -- they had partial installations of the partition of the privacy fence. I spoke with her and advised that they would need a permit. She said that she didn't realize that because it was only in the front. They're not doing the other sides. I conducted research. I returned back to the office, conducted research and found that there was no permits ever pulled for the chain link on 2432. So I went back and spoke with her. I called her on several occasions, explained that one of the addresses never had a chain-link fence permit pulled. The other one on 2448 did; however, they altered it; voids out the original permit. She said that they would apply for the permit. She was being very cooperative in the beginning. I even brought Renald Paul because she said her boyfriend, Mr. Goodson, who owns the property, works a lot of hours. It was very inconvenient for him to come in. Mr. Paul did come out, and he notarized the applications for them, two separate applications for the chain-link fence and the privacy fence in the front. I'd like to present case evidence of my initial visits on there with the chain-link fence originally in December 18th. That was part of my land use cases, but it does show that there was a chain-link fence in the front. CHAIRMAN KAUFMAN: How many photos do you have that you'd like to present? MS. GARCIA: Six, seven; seven total. Page 50 October 22, 2015 CHAIRMAN KAUFMAN: Okay. Can I get a motion to accept the exhibits? MR. ASHTON: Motion to accept the seven photos. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GARCIA: After I spoke with her and we brought Renald Paul out to notarize the permit applications, they understood very clearly what Mr. Paul was telling them, that since there were two separate addresses, they would still need two separate permits applied for and issued. They could join them together, but it would have to be two separate applications. She called me two days ago. I -- and she told me that she did apply for the one to install the permit -- privacy fence on 2448. I asked her how come she didn't apply for the second one on 2432 since she was there? She said that she didn't need it, that fence was existing, and that I need to get my stuff together and not bother her anymore. So that was the last conversation. CHAIRMAN KAUFMAN: So you got your stuff together, and these are the photos of the -- MS. GARCIA: That's correct. Page 51 October 22, 2015 CHAIRMAN KAUFMAN: Okay. It appears that they put the privacy fence up to block out some of the stuff. MS. GARCIA: That's correct, so we could not observe, and that was exactly what the owner told me. He says, I'm putting up this 6-foot privacy fence so you cannot see on my property. It's my property. I can store what I want on it. I explained to him it's a violation. He would have to store it in a fully enclosed enclosure. He said, well, if you can't see it, I won't let you on my property. This is the way it's going to be, so... CHAIRMAN KAUFMAN: Okay. Okay. Comments from the Board? (No response.) CHAIRMAN KAUFMAN: It looks to me like a violation might exist. Anybody want to make a motion to that effect? MR. DOINO: Make a motion. MR. ASHTON: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion -- MR. DOINO: Second. CHAIRMAN KAUFMAN: -- and a second that a violation exists. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Page 52 October 22, 2015 Now, you have a suggestion for us? MS. GARCIA: I do. Oh, I think I broke this thing. CHAIRMAN KAUFMAN: That's $112.46. MS. GARCIA: The Code Enforcement Board -- the recommendation is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of 65.01 incurred in the prosecution of this case within 30 days and abate all violations by, one, obtaining all required Collier County building permit, inspections, and certificate of completion and occupancy within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. That the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Does anybody -- I have a suggestion, by the way, for whoever makes the motion, that you make it concurrent with the other one as far as dates. Should somebody have to come here, they don't have to come here different dates. So, Mr. Doino. MR. DOINO: All right. Well, why don't we go with the -- take a stab at it. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Thirty days, the operational costs of 65.01 be paid. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Is it 60 days or -- CHAIRMAN KAUFMAN: Yep. Page 53 October 22, 2015 MR. DOINO: -- 60 days -- within 60 days, and a fine of$200 a day. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Run concurrent. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? How about a second? MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Can we take the cases out of order so that we don't have to have these folks wait? We generally don't get done till six o'clock at night. MR. L'ESPERANCE: Seven o'clock, I believe. CHAIRMAN KAUFMAN: Seven o'clock. MR. LEFEBVRE: We have one more case for this, though, right? CHAIRMAN KAUFMAN: Oh, yeah. Okay. We have one more of this and then -- MS. GARCIA: One more, and it will be faster. (The speaker was previously duly sworn and indicated in the affirmative.) MS. GARCIA: Again, this is in reference to Case No. Page 54 October 22, 2015 CEAU20150003345. The property location is 2548 Florida Avenue; folio is 75760120006. Service was given on March 13, 2015. I would like to now present case evidence in the following exhibits: Three photos that were taken. CHAIRMAN KAUFMAN: Which tab is this? MR. DOINO: I think it's 4. MR. ASHTON: Make a motion to accept the three photos as evidence. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. GARCIA: Again, with this property address, there was a chain-link fence originally in 1994, I believe, for a chain-link fence only for that lot, No. 2448. It was enclosing only one address. Since it was altered at that time -- I don't know what date it was originally altered and surrounded both separate addresses -- it makes the original permit null and void. Then after they installed -- started installing the privacy fence in the front, I advised the same, and that they would need a new permit to be re-applied for and inspections and CO. Page 55 October 22, 2015 As of two days ago, they did get a permit for the 2448 Florida Avenue address. It was just one. And it's to -- for the chain link and for the privacy fence in the front, but it's only supposed to be a 4-foot. There's no 6-foot. Right now the chain -- the privacy fence is 6-foot in height. CHAIRMAN KAUFMAN: Okay. You explained that to them, that it's a 6-foot? MS. GARCIA: That's correct. Actually, Renald Paul explained it to them. He works in the Building Department. He explained what the height requirement is. He told me their conversation was they were going to cut it to meet the 4-foot height in requirements because they would not pass their inspections. And if they have a failed inspection, it's another fee. So that was a concern that she had was that she couldn't afford it in the first place. So after I spoke with her, she didn't want to apply for the 24. She thinks that encompasses both parcels. I told her that it didn't. She would have to go back to Renald. He can explain the building codes and what the requirements were for both parcels. She got upset and hung up on me. I don't know if we can give them longer than -- the permit's good until, I believe, April 17, 2016, since it was just issued. So I don't know if we have to extend it to that date. But it's one inspection. Fence permits doesn't require a lot. It's, you pull it, it gets issued, there's one CO, final inspection, and they're done. CHAIRMAN KAUFMAN: Okay. Well, this is similar to a case we heard today where there were numerous violations, and we -- to make it easier actually for the respondent, if you had everything in on the same day, should they have to come back here, it would probably be to their advantage. If they came back here and say, we still have two months left on that permit, we'd have to say -- we'd have to agree. So anybody like to -- you have a suggestion for us? Page 56 October 22, 2015 MS. GARCIA: The recommendation is that the Code Enforcement Board order the respondent to pay all operational costs in the amount of 65.01 incurred in the prosecution of this case within 30 days and abate also violations by getting all the required Collier County inspections and certificate of completion within blank days of the hearing, or a fine of blank per day will be imposed until the violation is abated. If the respondent -- the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments on -- or motion, fill in the blanks? MR. ASHTON: I'll take a shot. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: Make a motion that the 65.01 be paid, obtain Collier County permits, inspections, et cetera, within 60 days. CHAIRMAN KAUFMAN: The 65.01 to be paid within how many days? MR. ASHTON: Oh, and 30 days. Sorry about that. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: And obtain all permits and inspections within 60 days, was the other ones, and we'll give them a fine of 150 a day. CHAIRMAN KAUFMAN: Okay. MR. L'ESPERANCE: I thought the other one was 200. CHAIRMAN KAUFMAN: It was. MR. ASHTON: We'll give them cheaper on this one. Page 57 October 22, 2015 CHAIRMAN KAUFMAN: This one -- it's on sale today. They did pull a permit on it, so it's a different fine. MS. GARCIA: Right. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second on that. All those in -- hold on a second. MR. LETOURNEAU: I'm sorry. I was -- did you guys find a violation, or did you just go right to the recommendation or -- CHAIRMAN KAUFMAN: No, I thought we did find a violation. MR. LETOURNEAU: I don't think -- CHAIRMAN KAUFMAN: Well, let's try. Does anybody want to make a motion that a violation exists? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Okay. Thanks, Jeff. CHAIRMAN KAUFMAN: Okay. On your motion, 65.01 to be paid within 30 days, 60 days to abate the violation, or $150 a day thereafter. And we have a second. MR. DOINO: Yes. Page 58 October 22, 2015 CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. How are our fingers doing? THE COURT REPORTER: I'm okay. CHAIRMAN KAUFMAN: Are you sure? Mr. Lavinski would force me to have a break right now. CHAIRMAN KAUFMAN: Do you folks want to -- or you're enjoying sitting here? UNIDENTIFIED SPEAKER: It's up to you. CHAIRMAN KAUFMAN: What tab would they be? MS. ADAMS: They're Tab 10, I believe. There's somebody present for Tab 10 and for Tab 15. So I don't know if you want to take them out of order. We can do that if you want. MR. DOINO: How many cases? CHAIRMAN KAUFMAN: What does the Board think? Yes? MR. ASHTON: I think we should. CHAIRMAN KAUFMAN: Let's take them out of order. MR. ASHTON: Take them out of order. MS. ADAMS: Okay. So then the next case will be from -- CHAIRMAN KAUFMAN: Yeah. We're going to do tab what first? MS. ADAMS: It will be Tab 10 is the next person that's present Page 59 October 22, 2015 in line of the agenda. CHAIRMAN KAUFMAN: Okay. And then Tab 15. MS. ADAMS: And then Tab 15 would be the next person that's present. CHAIRMAN KAUFMAN: Okay. Can we get a motion to modify the agenda to reflect that? MR. DOINO: Make a motion. CHAIRMAN KAUFMAN: Motion. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. ADAMS: Okay. So the next case will be from No. 6, old business, Letter A, motion for imposition of fines/liens, No. 3, Tab 10, Case CESD20150002007, Craig Daniels and Martha Daniels. (The speakers were duly sworn and indicated in the affirmative.) MS. DANIELS: Do I start? CHAIRMAN KAUFMAN: Could you state your name on the mike? MS. DANIELS: For the record, my name is Martha Daniels, owner of the property at 223 Gladys Court, Copeland, Florida. CHAIRMAN KAUFMAN: Okay. And, Steve, you're up. MR. SILVERO: Good morning. Page 60 October 22, 2015 CHAIRMAN KAUFMAN: Good morning. MR. SILVERO: For the record, Steven Lopez-Silvero, Collier County Code Enforcement. The respondent would like to request an extension of time. CHAIRMAN KAUFMAN: Okay. Why don't you give us -- MS. DANIELS: Well, I was hoping that this would all be completed and have a CO by now, but I won't give you the reasons why, but -- but anyhow, I actually did -- when I passed the final building inspections, I thought everything was done and I would be having a CO and reporting to Mr. Lopez that, but come to find out, through his help, that the CO is pending an elevation certificate. Because I'm -- because I don't do this all the time and I hired a general contractor, I thought they were taking care of everything, but I've had to baby-sit them and hold their hand all the way. So at this point I have requested and talked with the county, and they do have one on file, and they've had to order it through records. But discussing with Mr. Lopez, I will probably have to have more of a current updated elevation certificate. So I'm in the process of checking into that. And if I have to, I have a surveyor, Mr. Mel Hatton, that's already done everything, and I can just contact him and have him do me up a new elevation certificate. And hopefully -- by your next meeting, November 20th of'f 15, hopefully Mr. Lopez can report to you that everything is final, complete, and CO in hand. CHAIRMAN KAUFMAN: Okay. Comments from the Board? (No response.) CHAIRMAN KAUFMAN: Do you have any problem with extending this till the next meeting? MR. SILVERO: No, sir. CHAIRMAN KAUFMAN: Okay. I thought that the elevation Page 61 October 22, 2015 certificate, just -- if it was done five years ago or 10 years ago, unless there was a volcano that raised the property, would be the same. I don't quite understand that, but that's a different department, I'm sure. MS. DANIELS: Well, I'm kind of at the same place you are, so... CHAIRMAN KAUFMAN: Yeah, okay. But the county hasn't been able to produce it either? MS. DANIELS: Well, just this week, was it -- or it was just in the last few days that -- or I've lost track of time. But, anyhow, I did request and the county told me it would take a couple of days because they didn't have it digitally on file. CHAIRMAN KAUFMAN: Okay. MS. DANIELS: That they were having to, you know, go to the archives or whatever. So I'm going to check with them today after I leave here and see if they've received that yet and find out what exactly I have to do. CHAIRMAN KAUFMAN: Okay. So if they do have the elevation certificate, will that -- then you'll have to get the CO, probably in the same neck of the woods with the county and Horseshoe. So by next month, we should have this thing -- hopefully it would be abated. MS. DANIELS: Yeah. From my understanding, the only thing pending CO is the elevation certificate. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Is this a new mobile home on this property from the original one? MS. DANIELS: Well, yes. It is a replacement. MS. CURLEY: So the elevation certificate will be different. MS. DANIELS: So then I'll need to acquire a new one then? MS. CURLEY: More than likely. Page 62 October 22, 2015 CHAIRMAN KAUFMAN: I don't know if it's an elevation of the finished floor in the trailer or the ground. They generally show both numbers. MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion on this? MR. ASHTON: Make a motion to give an extension to our next meeting in November. CHAIRMAN KAUFMAN: You want an extension or a continuance? Continuance, the fines keep on accruing. Extension, they don't. MR. ASHTON: Well, I think she's been working diligently to try to get -- I mean, since it's down to one -- paperwork that the county's got to produce. CHAIRMAN KAUFMAN: Okay. MR. L'ESPERANCE: So it's an extension? CHAIRMAN KAUFMAN: So it's an extension. MR. ASHTON: Extension. CHAIRMAN KAUFMAN: Okay. To the next meeting, to November 20th. Okay. MR. DOINO: Second it. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. Page 63 October 22, 2015 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. DANIELS: Thank you. Hopefully you'll have a CO. MS. ADAMS: The next case is No. 8, Tab 15, Case CESD20140019519, Stephen Shane Clary and Christopher Jason Clary. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. CLARY: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone so we can hear you? MR. CLARY: My name is Stephen Clary. CHAIRMAN KAUFMAN: Okay. And you are? MS. THOMAS: Tina Thomas. CHAIRMAN KAUFMAN: Okay. Okay. So you're asking something, that's why you're before us. MS. THOMAS: We have disconnected all the power and the water to the mobile homes that were back there. We have been in contact -- well, I have been in contact with an Eric Watson -- I'm waiting for him to call me back -- to see about burning the trailer, the mobile home, to get it off of the property. So right now I'm just at a standing point of waiting for him to call back to see if we can get it resolved and get the mobile home taken care of and get it out of there. CHAIRMAN KAUFMAN: Is this a thing you can hook it to a trailer and just -- MS. THOMAS: Oh, no, sir. No, sir. No, sir. CHAIRMAN KAUFMAN: So it's a mobile home that's not on wheels? MS. THOMAS: Yes, sir. Page 64 October 22, 2015 CHAIRMAN KAUFMAN: Okay. I notice that the operational costs of 65.43 have not been paid. MS. THOMAS: I'm on my way after we leave here to go to Horseshoe Drive and take care of it. CHAIRMAN KAUFMAN: Okay. MS. THOMAS: Also, I wanted to state that we've been flooded out there. We've been in knee-deep water the whole summer, so we haven't been able to really get anything done other than disconnecting the power and the water and stuff. CHAIRMAN KAUFMAN: I assume that they're -- there's nobody living in the trailer? MS. THOMAS: Oh, no, sir. He's in jail. CHAIRMAN KAUFMAN: Okay. Eric? Do you have any comments? MR. SHORT: For the record, Senior Investigator Eric Short, Collier County Code Enforcement. I know they do hold water out there. When I was out there a year ago, I had to put some boots on to look at the violation. They are partially in compliance. Part of the order was to disconnect the power and utilities and to have the structures not occupied, and they've done that. Originally they had intended to split the property and move one of the mobile homes to one side of the property. Now they're looking at doing a controlled burn with the fire department. I'm not too familiar with the requirements with that. I assume if they do that, they -- CHAIRMAN KAUFMAN: Probably -- it won't burn very well if it's knee high in water. MR. SHORT: Well, we're getting dried out. MS. THOMAS: Yeah. It's drying out. It's just swampland. CHAIRMAN KAUFMAN: Okay. Comments from the Board? MR. LEFEBVRE: How much time are you looking for? Page 65 October 22, 2015 MS. THOMAS: Honestly, sir, I don't know. I have to wait for Mr. Watson to call me back, and -- MR. LEFEBVRE: Well, we have to have some kind of-- MS. THOMAS: I mean, 30, 60 days. I mean, we've got to be able to have them get their equipment back there to -- you know, to do the burn and stuff. So, like I said, we are drying out right now. It's just mud, you know. So I would say 30 or 60 days at least. MR. LEFEBVRE: We could load up our meeting for January. CHAIRMAN KAUFMAN: Go ahead. Make a motion, Mr. Lefebvre. MR. LEFEBVRE: Make a motion to extend to our January 29th meeting, so... MR. L'ESPERANCE: I'll second. MR. SHORT: If I may comment. Can we continue this case and not do an extension, just so we continue the fines? CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I'll change my motion to continuing it instead of extending it. MR. L'ESPERANCE: Ditto my second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? Page 66 October 22, 2015 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CLARY: Thank you. MS. THOMAS: Have a good evening. CHAIRMAN KAUFMAN: Why don't we take 10 minutes. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. We are up to? MS. ADAMS: Next case, No. 6, old business, A, motion for imposition for fines/liens, No. 1, Tab 8, Case CESD20150002056, REG8, Berkshire Commons, LLC. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in regards to CEB Case No. CESD20150002056. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 7063 Radio Road, Naples, Florida; Folio No. 23945007103. Description is unpermitted interior renovations consisting of, but not limited to, exposed structural studs, electric and plumbing adjacent to a firewall between a nail spa and Subway restaurant. Past orders: On June 30, 2015, 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, OR5179, Page 233, for more information. The violation has been abated as of September 30, 2015. Fines and costs to date are as follows: Fines have accrued at the Page 67 October 22, 2015 rate of$200 per day for the period between September 28, 2015, to September 30, 2015, two days, for a total fine of$400. Previously assessed operational costs of$65.85 have been paid. Operational costs for today's hearing is $63.75. Total amount is $463.75. CHAIRMAN KAUFMAN: Okay. Well, they missed the date by two days, but it's abated. MR. LEFEBVRE: Make a motion to abate. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to abate the fine. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. MS. ADAMS: The next case is No. 7, Tab 14, Case CESD20150002065, Randy Holton. (The speaker was duly sworn and indicated in the affirmative.) MR. KINCAID: This is in reference to Case No. CESD20150002065, violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 5341 Martin Street, Naples, Florida. Folio is 62098320002. Description of the violation is an unpermitted shed and animal Page 68 October 22, 2015 cages on improved residential property. On August 27, 2015, 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, OR5194, Page 3094, for more information. The violation has not been abated as of October 22, 2015. Fines have accrued at a rate of$100 per day for the period between September 27, 2015, to October 22, 2015, 25 days, for a total fine amount of$2,500. Fines continue to accrue. Previously addressed (sic) operational costs of$65.01 have not been paid. Operational costs for today's hearing, $63.33. And the total amount is $2,628.34. CHAIRMAN KAUFMAN: Have you been in contact with these folks at all? MR. KINCAID: I have not, sir. CHAIRMAN KAUFMAN: You've posted the property, et cetera. No calls, no response whatsoever? MR. KINCAID: Yes, sir. I believe the problem in the case is that there is a tenant in the property, but the property owner has never changed the mailing address to his mailing address. So all the county documents that we're required to mail are mailed to the address in Naples Manor, so -- CHAIRMAN KAUFMAN: The address. MR. KINCAID: -- we have no way of knowing that he's receiving any documents that we're mailing him. I tried to do a check through the phone, you know, reverse address, and I can't find any callable phone number that -- where we can contact. It's a simple thing to abate, and I think he would do that, but I just can't find any avenues to contact him. Page 69 October 22, 2015 CHAIRMAN KAUFMAN: Well, how about the tenant? Does the tenant -- MR. KINCAID: Well, the tenant, we have -- I have talked to the tenant. I have had -- the lady that is normally there on the property speaks very little English, so I have had two different Spanish-speaking investigators from Code Enforcement go there and actually talk to them. And her husband at one time did come into the county building, and we did talk with the interpreter to Renald Paul in the building department, and the cases were discussed. And most of the animal cages and stuff have been removed, but the tenant wouldn't remove the shed because he said it wasn't his to remove and that he would contact the property owner. But whether or not that was ever done, I don't know. It's a sad situation but, I mean, it is what it is. If he wants to be a landlord, then he needs to leave an address to where, if we have issues with the property, he can be contacted. CHAIRMAN KAUFMAN: I wonder how he gets his tax bill. MR. LEFEBVRE: Yeah, that's what I'm -- CHAIRMAN KAUFMAN: Okay. As you said, it is what it is. MR. KINCAID: Yes, sir. CHAIRMAN KAUFMAN: Any comments or motion from the Board? MR. LEFEBVRE: Motion to impose. MS. BUSHNELL: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. Page 70 October 22, 2015 MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MS. ADAMS: The next case is No. 9, Tab 16, Case CESD20140009331, South Naples Center, LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. BOSA: Good morning, again. For the record, Ralph Bosa, Collier County Code Enforcement. This is in reference to violations of the county Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), location of 13255 Tamiami Trail East, Naples, Florida, with a folio number of 7266440009. Description of violation is making improvements without first obtaining all required Collier County -- without required (sic) Collier County to include unit changes. Past orders: On April 23, 2015, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5147, Page 3685, for more information. On June 30, 2015, 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, OR5179, Page 224, for more information. The violation has not been abated as of October 22, 2015. Fines and costs to date are as follows: Fines have accrued at the rate of$200 per day for the period between September 29, 2015, to October 22, 2015, total of 24 days, for a total fine amount of$4,800. Page 71 October 22, 2015 Fines continue to accrue. Previously assessed operational costs of$67.11 have not been paid, and the operational costs for today's hearing, $63.75, for the total amount of 4,930.86. CHAIRMAN KAUFMAN: Okay. I look back. This is a stipulation back a while ago for six months. MR. BOSA: Yes. CHAIRMAN KAUFMAN: And still nothing done. Have you been in contact -- I saw an email here or a copy of an email stating they'd like to handle this case on an email basis, which we're not equipped to do. MR. BOSA: I've been in contact with a rep from South Naples Center, which is probably the email that you received, and also the building's being -- it's a renter that's in there renting the facility. From what I last understood is that the renter blames the owner for not fixing the problem and the owner blames the renter for not fixing the problem, so they're at kind of a stalemate right now. That's where we stand. CHAIRMAN KAUFMAN: Except the owner is responsible and is the one who gets cited, so... MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. Page 72 October 22, 2015 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Ralph. MR. BOSA: Thank you. CHAIRMAN KAUFMAN: Which brings us -- the next hearing date we have scheduled for -- as we've learned full well today. One of the things we have in front of us is the Code Enforcement Board hearing schedule. Everybody have it? You'll notice that there are -- or you will notice that there are several days -- one, two, three, four, five -- that have been moved to Friday from Thursday because this facility is not available. I understand, if somebody has a problem, they have a problem with that date, but it would be the wishes of the Board if-- I personally do not like to meet at Horseshoe because that room is extremely hot, and it's extremely cramped. And just based on some of the stuff that we moved to January, we'd have an overflowing crowd. So if anybody would like to voice an opinion on this. MR. LEFEBVRE: I agree with Mr. Kaufman regarding the room at the -- CHAIRMAN KAUFMAN: Horseshoe. MR. LEFEBVRE: -- Horseshoe Drive, thank you. I know what I want to say, but when I went to say it, I didn't know what I wanted to say. So I think it would be best to be here, because I know we've been having a full board, and we literally wrap around a table, and it's just better to have it here. I'm not opposed to changing it to Friday. CHAIRMAN KAUFMAN: Anybody else want to comment on it? MR. L'ESPERANCE: So, again, we are starting with a Friday schedule partially next month? Page 73 October 22, 2015 MS. BUSHNELL: January. MR. DOINO: January. CHAIRMAN KAUFMAN: January. MR. LEFEBVRE: Next year. CHAIRMAN KAUFMAN: Here's the list right here. MS. NICOLA: Next month is a Friday, though, too. MR. L'ESPERANCE: November 20th is Friday. CHAIRMAN KAUFMAN: Oh, okay. MR. L'ESPERANCE: So next month is Friday. CHAIRMAN KAUFMAN: Yes, it is, but that was established a year ago. MR. L'ESPERANCE: I just want to say it out loud so I remember. MS. BUSHNELL: Thank you, actually. MR. L'ESPERANCE: Because that's a little bit unusual. Normally we're Thursday. CHAIRMAN KAUFMAN: Yeah. We were going to have it on Thanksgiving Day, but -- MR. L'ESPERANCE: Decided not to. CHAIRMAN KAUFMAN: Well, if they're are no outstanding objections, why doesn't someone make a motion to accept the hearing schedule as written for 2016. MR. LEFEBVRE: I don't think we ever made a motion to change any dates before. CHAIRMAN KAUFMAN: Okay. We'll the Chairman accepts these dates. MR. L'ESPERANCE: Yeah, that's all that matters, right? MR. DOINO: Exactly. Second. CHAIRMAN KAUFMAN: Okay. Well, actually, I did get a call from Kerry asking me if it was okay. I said it's okay with me, but I was going to ask the Board, so I asked the Board. Page 74 October 22, 2015 Oaky. Was there anything else that we have on the Board -- on board for discussion today? MS. ADAMS: The consent agenda. I don't know if you -- did you -- I don't know if there was one this month. Did you get a request to forward cases to the County Attorney's Office in front of you? CHAIRMAN KAUFMAN: Did not see it. MS. ADAMS: Okay. There wasn't one this month, I'm being told. So there's nothing to vote on there. CHAIRMAN KAUFMAN: Good hand signal. Okay. Well, if we have nothing else, we'll see -- MR. LEFEBVRE: Make a motion to adjourn. CHAIRMAN KAUFMAN: Motion to adjourn. We are -- MR. ASHTON: Second. CHAIRMAN KAUFMAN: All those in favor? MS. BUSHNELL: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: We are adjourned. Page 75 October 22, 2015 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:05 a.m. COLLIER COUNTY CODE ' EME BOARD -11(141kA � P 0 a ER Alin MAN, CHAIRMAN These minutes approved by the Board on I ( as presented ✓ or as corrected. TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 76