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CEB Minutes 02/23/2017 February 23, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, February 23, 2017 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 Sue Curley Ron Doino Gerald J. Lefebvre James Lavinski Lionel L'Esperance Kathleen Elrod (excused) ALSO PRESENT: Tamara Lynne Nicola, Attorney to the Board Kerry Adams, Code Enforcement Jeff Letourneau, Code Enforcement CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA DATE: February 23,2017 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 Ronald Doino James Lavinski,Vice Chair Robert Ashton Gerald Lefebvre Sue Curley Lionel L'Esperance Kathleen Elrod,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. January 25,2017 Hearing 5. PUBLIC HEARINGS/MOTIONS A.Motions Motion for Continuance 1. CASE NO: CESD20160010293 OWNER: DAVID P HANKINS SR.AND KATHRYN HANKINS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(1)(A). MULTIPLE UNPERMITTED STRUCTURES ON THE PROPERTY. FOLIO NO: 36914340008 VIOLATION ADDRESS: 1925 GOLDEN GATE BLVD W,NAPLES 1 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA DATE: February 23,2017 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 Ronald Doino James Lavinski,Vice Chair Robert Ashton Gerald Lefebvre Sue Curley Lionel L'Esperance Kathleen Elrod,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. January 25,2017 Hearing 5. PUBLIC HEARINGS/MOTIONS A.Motions Motion for Continuance 1. CASE NO: CESD20160010293 OWNER: DAVID P HANKINS SR.AND KATHRYN HANKINS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(1)(A). MULTIPLE UNPERMITTED STRUCTURES ON THE PROPERTY. FOLIO NO: 36914340008 VIOLATION ADDRESS: 1925 GOLDEN GATE BLVD W,NAPLES 1 Motion for Extension of Time 1. CASE NO: CESD20140011921 OWNER: OMAR OTERO SR.AND LILIANA L PORTILLO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION I0.02.06(B)(I)(A).EXPIRED PERMITS FOR FENCING AND STRUCTURES ON PROPERTY. FOLIO NO: 39651600008 VIOLATION ADDRESS: 4886 16TH ST NE,NAPLES B. Stipulations C. Hearings 1. CASE NO: CELU20160014975 OWNER: JASON LEE WILLARD OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A), 2.02.03 AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI,SECTION 54-181.UNPERMITTED ACCESSORY STRUCTURE PRESENT WITHOUT FIRST HAVING A PERMITTED PRIMARY OR PRINCIPAL STRUCTURE.THREE RECREATIONAL VEHICLES AND A WHITE CHEVROLET VAN BEING STORED ON THE UNIMPROVED PROPERTY.ADDITIONALLY,OUTSIDE STORAGE OF ITEMS INCLUDING, BUT NOT LIMITED TO,APPLIANCES,METAL CANS, PLASTIC,WOOD,METAL,BIKES, METAL BARRELS.LASTLY,LITTER INCLUDING,BUT NOT LIMITED TO,PAPER,PLASTIC, TRASH BAGS,BROKEN CHAIRS, LOCATED THROUGHOUT THE UNIMPROVED PROPERTY. FOLIO NO: 00193240007 VIOLATION ADDRESS: 1680 ACREMAKER RD,NAPLES 2. CASE NO: CESD20160010293 OWNER: DAVID P HANKINS SR.AND KATHRYN HANKINS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(I)(A). MULTIPLE UNPERMITTED STRUCTURES ON THE PROPERTY. FOLIO NO: 36914340008 VIOLATION ADDRESS: 1925 GOLDEN GATE BLVD W,NAPLES 3. CASE NO: CESD20150009335 OWNER: LISA MARIE SILVERMAN OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).EXPIRED ELECTRICAL PERMIT.PERMIT NO.PREL201504112038. FOLIO NO: 304240003 VIOLATION ADDRESS: 1320 DOVE TREE ST,NAPLES 2 Motion for Extension of Time 1. CASE NO: CESD20140011921 OWNER: OMAR OTERO SR.AND LILIANA L PORTILLO OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION I0.02.06(B)(I)(A).EXPIRED PERMITS FOR FENCING AND STRUCTURES ON PROPERTY. FOLIO NO: 39651600008 VIOLATION ADDRESS: 4886 16TH ST NE,NAPLES B. Stipulations C. Hearings 1. CASE NO: CELU20160014975 OWNER: JASON LEE WILLARD OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A), 2.02.03 AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54, ARTICLE VI,SECTION 54-181.UNPERMITTED ACCESSORY STRUCTURE PRESENT WITHOUT FIRST HAVING A PERMITTED PRIMARY OR PRINCIPAL STRUCTURE.THREE RECREATIONAL VEHICLES AND A WHITE CHEVROLET VAN BEING STORED ON THE UNIMPROVED PROPERTY.ADDITIONALLY,OUTSIDE STORAGE OF ITEMS INCLUDING, BUT NOT LIMITED TO,APPLIANCES,METAL CANS, PLASTIC,WOOD,METAL,BIKES, METAL BARRELS.LASTLY,LITTER INCLUDING,BUT NOT LIMITED TO,PAPER,PLASTIC, TRASH BAGS,BROKEN CHAIRS, LOCATED THROUGHOUT THE UNIMPROVED PROPERTY. FOLIO NO: 00193240007 VIOLATION ADDRESS: 1680 ACREMAKER RD,NAPLES 2. CASE NO: CESD20160010293 OWNER: DAVID P HANKINS SR.AND KATHRYN HANKINS OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(I)(A). MULTIPLE UNPERMITTED STRUCTURES ON THE PROPERTY. FOLIO NO: 36914340008 VIOLATION ADDRESS: 1925 GOLDEN GATE BLVD W,NAPLES 3. CASE NO: CESD20150009335 OWNER: LISA MARIE SILVERMAN OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).EXPIRED ELECTRICAL PERMIT.PERMIT NO.PREL201504112038. FOLIO NO: 304240003 VIOLATION ADDRESS: 1320 DOVE TREE ST,NAPLES 2 4. CASE NO: CELU20160015397 OWNER: GUADALUPE GONZALEZ,EVA GONZALEZ AND JOSUE DANIEL GONZALEZ OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A). OBSERVED AN UNAPPROVED FOOD TRAILER OPERATING/PARKED ON IMPROVED OCCUPIED COMMERCIAL PROPERTY. FOLIO NO: 25581000009 VIOLATION ADDRESS: 102 S 4TH ST,IMMOKALEE 5. CASE NO: CELU20160016735 OWNER: NANCY PATTERSON OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A) AND 2.02.03.THREE UNPERMITTED ACCESSORY STRUCTURES PRESENT WITHOUT FIRST HAVING A PERMITTED PRINCIPLE OR PRIMARY STRUCTURE.OUTSIDE STORAGE OF ITEMS ON AN UNIMPROVED PARCEL,INCLUDING,BUT NOT LIMITED TO,SIX UTILITIES TRAILERS,PVC PIPING,SCAFFOLDING,LUMBER,CONCRETE BLOCKS,TARP FLOWER POTS,BARRELS,CHAIRS,TABLE. FOLIO NO: 39837680004 VIOLATION ADDRESS: NO SITE ADDRESS D. Motion for Reduction of Fines/Lien. 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20150017888 OWNER: JULIEN FRANCOIS LLC OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).OBSERVED UNPERMITTED INTERIOR AND EXTERIOR IMPROVEMENTS TO A STRUCTURE CONSISTING OF BUT NOT LIMITED TO:NEW WINDOWS,DOORS, ELECTRICAL WIRING,PLUMBING LINES, BATHROOM FIXTURES,AND PETITIONED WALL CREATING APPROXIMATELY 20 INDIVIDUAL SLEEPING ROOMS. FOLIO NO: 00124960000 VIOLATION ADDRESS: 305 S 3RD ST,IMMOKALEE 2. CASE NO: CEPM20160003810 OWNER: NAPLES PLAZA PROPERTY OWNERS ASSOCIATION INC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODES OF LAW AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1).PRIVATE ROAD WITH DETERIORATING ASPHALT ON THE SIDES OF THE ROADWAY ALONG WITH SEVERAL POT HOLES ON THE ROAD ITSELF. FOLIO NO: 63000040007 VIOLATION ADDRESS: 6599 DUDLEY DRIVE,NAPLES 3 4. CASE NO: CELU20160015397 OWNER: GUADALUPE GONZALEZ,EVA GONZALEZ AND JOSUE DANIEL GONZALEZ OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A). OBSERVED AN UNAPPROVED FOOD TRAILER OPERATING/PARKED ON IMPROVED OCCUPIED COMMERCIAL PROPERTY. FOLIO NO: 25581000009 VIOLATION ADDRESS: 102 S 4TH ST,IMMOKALEE 5. CASE NO: CELU20160016735 OWNER: NANCY PATTERSON OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 1.04.01(A) AND 2.02.03.THREE UNPERMITTED ACCESSORY STRUCTURES PRESENT WITHOUT FIRST HAVING A PERMITTED PRINCIPLE OR PRIMARY STRUCTURE.OUTSIDE STORAGE OF ITEMS ON AN UNIMPROVED PARCEL,INCLUDING,BUT NOT LIMITED TO,SIX UTILITIES TRAILERS,PVC PIPING,SCAFFOLDING,LUMBER,CONCRETE BLOCKS,TARP FLOWER POTS,BARRELS,CHAIRS,TABLE. FOLIO NO: 39837680004 VIOLATION ADDRESS: NO SITE ADDRESS D. Motion for Reduction of Fines/Lien. 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20150017888 OWNER: JULIEN FRANCOIS LLC OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).OBSERVED UNPERMITTED INTERIOR AND EXTERIOR IMPROVEMENTS TO A STRUCTURE CONSISTING OF BUT NOT LIMITED TO:NEW WINDOWS,DOORS, ELECTRICAL WIRING,PLUMBING LINES, BATHROOM FIXTURES,AND PETITIONED WALL CREATING APPROXIMATELY 20 INDIVIDUAL SLEEPING ROOMS. FOLIO NO: 00124960000 VIOLATION ADDRESS: 305 S 3RD ST,IMMOKALEE 2. CASE NO: CEPM20160003810 OWNER: NAPLES PLAZA PROPERTY OWNERS ASSOCIATION INC OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODES OF LAW AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-228(1).PRIVATE ROAD WITH DETERIORATING ASPHALT ON THE SIDES OF THE ROADWAY ALONG WITH SEVERAL POT HOLES ON THE ROAD ITSELF. FOLIO NO: 63000040007 VIOLATION ADDRESS: 6599 DUDLEY DRIVE,NAPLES 3 3. CASE NO: CELU20150022253 OWNER: LA SORIANA INC. OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03. USING VACANT LOT AS OVERFLOW PARKING WITHOUT AN APPROVED SDPA. PL20140001643 IS IN REJECTION STATUS,NOT YET APPROVED BY COLLIER COUNTY TO USE AS ADDITIONAL PARKING LOT. FOLIO NO: 25631080005 VIOLATION ADDRESS: 312 BOSTON AVE,IMMOKALEE 4. CASE NO: CESD20160000728 OWNER: PEDRO A.TUR AND BEXAIDA CARRALERO OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).PERMIT PRBD20120409082 EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION. FOLIO NO: 54670001061 VIOLATION ADDRESS: 271 LEAWOOD CIRCLE,NAPLES 5. CASE NO: CESD20140010232 OWNER: MANSOLILLO IRA LLC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1XA)AND THE 2010 FLORIDA BUILDING CODE CHAPTER 1,PART 1,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 6. CASE NO: CESD20150011320 OWNER: KELLY BAKER OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(IXA).A SINGLE WIDE MOBILE HOME AND UTILITY SHED STAGED ON IMPROVED UNOCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION. FOLIO NO: 01132480005 VIOLATION ADDRESS: 259 GLADYS CT,COPELAND 4 3. CASE NO: CELU20150022253 OWNER: LA SORIANA INC. OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03. USING VACANT LOT AS OVERFLOW PARKING WITHOUT AN APPROVED SDPA. PL20140001643 IS IN REJECTION STATUS,NOT YET APPROVED BY COLLIER COUNTY TO USE AS ADDITIONAL PARKING LOT. FOLIO NO: 25631080005 VIOLATION ADDRESS: 312 BOSTON AVE,IMMOKALEE 4. CASE NO: CESD20160000728 OWNER: PEDRO A.TUR AND BEXAIDA CARRALERO OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).PERMIT PRBD20120409082 EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION. FOLIO NO: 54670001061 VIOLATION ADDRESS: 271 LEAWOOD CIRCLE,NAPLES 5. CASE NO: CESD20140010232 OWNER: MANSOLILLO IRA LLC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1XA)AND THE 2010 FLORIDA BUILDING CODE CHAPTER 1,PART 1,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 6. CASE NO: CESD20150011320 OWNER: KELLY BAKER OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(IXA).A SINGLE WIDE MOBILE HOME AND UTILITY SHED STAGED ON IMPROVED UNOCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION. FOLIO NO: 01132480005 VIOLATION ADDRESS: 259 GLADYS CT,COPELAND 4 7. CASE NO: CESD20150013679 OWNER: LIN LIN WANG OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,SECTIONS 10.02.06(B)(IXA) AND I0.02.06(BX I)(E)(1).UNPERMITTED STRUCTURAL,PLUMBING,ELECTRICAL AND HVAC ALTERATIONS TO THE RESIDENTIAL STRUCTURE. FOLIO NO: 193560004 VIOLATION ADDRESS: 1747 ACREMAKER RD,NAPLES 8. CASE NO: CESD20150015459 OWNER: FRANCES POOLE OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).A REAR DECK INSTALLATION AND LANAI CONVERSION/ENCLOSURE AND WINDOW INSTALLATION WITHOUT REQUIRED COLLIER COUNTY PERMITS, INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 24982560000 VIOLATION ADDRESS: 1865 HARBOR LN,NAPLES 9. CASE NO: CESD20160009711 OWNER: ARTUR MUSZYNSK1 OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 1.04.01(A),2.02.03, I0.02.06(B)(I)(e)(i)AND 10.02.06(B)(1)(a).UNPERMITTED ELECTRICAL, PLUMBING, MECHANICAL,AND STRUCTURAL ALTERATIONS TO SUPPORT MULTI- FAMILY USE. FOLIO NO: 70921440009 VIOLATION ADDRESS: 1172 PARKWAY DR,NAPLES 10. CASE NO: CESD20160012452 OWNER: CELESTINO GONZALEZ CHAVEZ AND DOLORES SAYONARA MONTALVO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS I 0.02.06(B)(1)(a)AND 10.02.06(B)(1Xe)(1).UNPERMITTED DIVISION OF THE ELECTRICAL SUPPLY IN THE ATTIC OF THE PRINCIPAL STRUCTURE SUPPLYING TO AN UNPERMITTED ACCESSORY STRUCTURE WITH ELECTRICAL,PLUMBING,AND MECHANICAL BEING UTILIZED FOR THE CULTIVATION OF MARIJUANA. FOLIO NO: 41047440006 VIOLATION ADDRESS: 3981 16TH AVE SE,NAPLES 5 7. CASE NO: CESD20150013679 OWNER: LIN LIN WANG OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,SECTIONS 10.02.06(B)(IXA) AND I0.02.06(BX I)(E)(1).UNPERMITTED STRUCTURAL,PLUMBING,ELECTRICAL AND HVAC ALTERATIONS TO THE RESIDENTIAL STRUCTURE. FOLIO NO: 193560004 VIOLATION ADDRESS: 1747 ACREMAKER RD,NAPLES 8. CASE NO: CESD20150015459 OWNER: FRANCES POOLE OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).A REAR DECK INSTALLATION AND LANAI CONVERSION/ENCLOSURE AND WINDOW INSTALLATION WITHOUT REQUIRED COLLIER COUNTY PERMITS, INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 24982560000 VIOLATION ADDRESS: 1865 HARBOR LN,NAPLES 9. CASE NO: CESD20160009711 OWNER: ARTUR MUSZYNSK1 OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 1.04.01(A),2.02.03, I0.02.06(B)(I)(e)(i)AND 10.02.06(B)(1)(a).UNPERMITTED ELECTRICAL, PLUMBING, MECHANICAL,AND STRUCTURAL ALTERATIONS TO SUPPORT MULTI- FAMILY USE. FOLIO NO: 70921440009 VIOLATION ADDRESS: 1172 PARKWAY DR,NAPLES 10. CASE NO: CESD20160012452 OWNER: CELESTINO GONZALEZ CHAVEZ AND DOLORES SAYONARA MONTALVO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS I 0.02.06(B)(1)(a)AND 10.02.06(B)(1Xe)(1).UNPERMITTED DIVISION OF THE ELECTRICAL SUPPLY IN THE ATTIC OF THE PRINCIPAL STRUCTURE SUPPLYING TO AN UNPERMITTED ACCESSORY STRUCTURE WITH ELECTRICAL,PLUMBING,AND MECHANICAL BEING UTILIZED FOR THE CULTIVATION OF MARIJUANA. FOLIO NO: 41047440006 VIOLATION ADDRESS: 3981 16TH AVE SE,NAPLES 5 11. CASE NO: CESD20150019659 OWNER: FILIPPO MASTROCOLA OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(I)(A).INTERIOR/EXTERIOR RENOVATIONS,WINDOWS,KITCHEN, BATHROOM,PLUMBING AND ELECTRICAL WORK WITHOUT REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 70921360008 VIOLATION ADDRESS: 1171 RAINBOW DRIVE,NAPLES B. Motion to Rescind Previously Issued Order C. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. NONE 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- Thursday March 23,2017 at 9:00 A.M. 12. ADJOURN 6 11. CASE NO: CESD20150019659 OWNER: FILIPPO MASTROCOLA OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(I)(A).INTERIOR/EXTERIOR RENOVATIONS,WINDOWS,KITCHEN, BATHROOM,PLUMBING AND ELECTRICAL WORK WITHOUT REQUIRED PERMITS, INSPECTIONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 70921360008 VIOLATION ADDRESS: 1171 RAINBOW DRIVE,NAPLES B. Motion to Rescind Previously Issued Order C. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. NONE 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- Thursday March 23,2017 at 9:00 A.M. 12. ADJOURN 6 February 23, 2017 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: The respondent may be limited to 20 minutes for case presentation unless the additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board would need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And we should add one more: Please turn off your cell phones. But this was written before we had cell phones, so it wasn't part of it. Okay. Why don't we all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. You want to start out with the roll call. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. James Lavinski? MR. LAVINSKI: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. ADAMS: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MS. ADAMS: Mr. Ronald Doino? MR. DOINO: Here. February 23, 2017 Page 3 MS. ADAMS: Mr. Robert Ashton? MR. ASHTON: Here. Ms. Sue Curley? MS. CURLEY: Here. MS. ADAMS: Ms. Kathleen Elrod has an excused absence. CHAIRMAN KAUFMAN: Okay. And we'd like to welcome Sue Curley as a full member of the Board effective today. I swore her in this morning. We have a picture for that. (Applause.) CHAIRMAN KAUFMAN: There we go. MS. CURLEY: Thank you. MR. L'ESPERANCE: You're going to release it to the press, I'm sure. CHAIRMAN KAUFMAN: It will be on the front page of the Naples Daily Snooze. Okay. Do we have any changes to the agenda? MS. ADAMS: Yes, we do. Number 5, public hearings, motions, Letter A, motions, motion for continuance, we have two additions. The first is from imposition of fines, No. 6, Tab 12, Case CESD20150011320, Kelly Baker; the second is from imposition of fines, No. 9, Tab 15, Case CESD20160009711, Artur Muszynski. Motion for extension of time, we have one addition. It's from imposition of fines, No. 10, Tab 16, Case CESD20160012452, Celestino Gonzalez Chavez and Delores Sayonara Montalvo. Number 6, old business, Letter A, motion for imposition of fines/liens, No. 2, Tab 8, Case CEPM20160003810, Naples Plaza Property Owners Association, Incorporated, has been withdrawn. Number 5, Tab 11, Case CESD20140010232, Mansolillo IRA, LLC, has been withdrawn. And that's all the changes. CHAIRMAN KAUFMAN: Okay. Can we get a motion from February 23, 2017 Page 4 the Board to accept the agenda as modified. MR. DOINO: Motion to accept. MR. ASHTON: Make a motion to accept the agenda. CHAIRMAN KAUFMAN: And second? MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. I'm sure everybody's reviewed the minutes. Are there any changes to the minutes? (No response.) CHAIRMAN KAUFMAN: If not, motion to accept? MR. LEFEBVRE: Make a motion to accept. MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? February 23, 2017 Page 5 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. ADAMS: Okay. The first motion for continuance, No. 1, Tab 3, Case CESD201600102793, David P. Hankins, Sr., and Kathryn Hankins. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. ASARO: Good morning. CHAIRMAN KAUFMAN: Looks like our respondent is not here. MR. ASHTON: I don't see him in the audience. MR. LEFEBVRE: We do have a letter. CHAIRMAN KAUFMAN: Okay. We have received a letter from the respondent requesting a continuance for 60 days. I'll leave the Board to review that and, if we have any comments, bring them forward. They're requesting a continuation of 60 days. MR. LAVINSKI: Make a motion to deny the continuance. Let's hear the case. CHAIRMAN KAUFMAN: Okay. We have a motion to deny the request for a continuance. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. February 23, 2017 Page 6 MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we'll hear that in its proper order. MR. ASARO: For the record, Tony Asaro with the Collier County Code Enforcement Department. MS. ADAMS: We'll hear it in the order. MR. ASARO: Oh, I'm sorry. CHAIRMAN KAUFMAN: We'll see you in a little while. I hate to keep you, but... MR. ASARO: That's okay. I'm jumping the gun. MS. ADAMS: The next motion for continuance is from imposition of fines, No. 6, Tab 12, Case CESD20150011320, Kelly Baker. CHAIRMAN KAUFMAN: What tab was that again? MS. ADAMS: It's Tab 12. The motion should be at your desk. CHAIRMAN KAUFMAN: It is. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. BAKER: Good morning, sir. CHAIRMAN KAUFMAN: Could you state your name on the mic for the record. MR. BAKER: James Baker. CHAIRMAN KAUFMAN: Okay. I see we have a letter here from you requesting a 90-day continuance. MR. BAKER: Yes, sir. CHAIRMAN KAUFMAN: Why don't you give us a little -- MR. BAKER: I would greatly appreciate it if we could get 120 days. We've had a very bad time financially. I had a bad head injury, and I don't -- my mind isn't functioning properly, and I shattered my February 23, 2017 Page 7 foot. And, financially, it takes quite a bit to get this through the -- my medical and stuff. We are trying very hard. I do have most of what I need saved up to get this finished up here, and we are doing our very best. We just -- my mother-in-law is 86 years old, and we're just trying to get it set up for her so she can come back down here. And, financially, we've just been strapped. CHAIRMAN KAUFMAN: Okay. I'm looking at the description of the violation. It was a single-wide mobile home with a utility shed that was staged on the residential property without getting any of the permits, inspections, et cetera. So that was done, let's see, May of 2016; almost a year ago. MR. BAKER: Yes, sir. CHAIRMAN KAUFMAN: Can you tell us, has there been any work that's been done to begin to bring this into compliance? MR. BAKER: Yes, we -- the man that's supposed to set this up for us and everything, he had a bad accident. He was hit from behind at 55 miles an hour, and the gentleman that ran into him even knew him. He couldn't apologize enough to him. So that kind of set us back. Then the rainy season last year, before that accident even happened. It's just hard to set up when you've got two foot of water in your yard, you know. So we were just hoping to be able to get this resolved within the next six months at least so we can, you know, get everything taken care of. We are trying to comply the best we can, you know. CHAIRMAN KAUFMAN: So did the -- were any permits applied for to bring this into compliance? MR. BAKER: I don't understand what you said. MS. CURLEY: The gentleman that was installing it for you, did he not pull any permits or anything? MR. BAKER: Oh, yes; yes, he did. Yes, we have the permit February 23, 2017 Page 8 for it and everything. It's just that we've been financially strapped to get it done, and we want to be able to pay him in the full amount, you know, to -- so we don't have any other more problems or anything, but we're doing -- MS. CURLEY: I have another question. Was there a mobile home there before? MR. BAKER: Yes, ma'am; yes, ma'am. CHAIRMAN KAUFMAN: Okay. Why don't we hear from -- MR. BAKER: We just got a permit to demo that also. CHAIRMAN KAUFMAN: Okay. Any other questions of the respondent by the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, the county, what you say? MR. GIANNONE: For the record, Joseph Giannone, Collier County Code Enforcement. There is an active permit right now which expires on 3/28/17. MR. L'ESPERANCE: What needs to be done to make some progress on this case? MR. GIANNONE: I believe it would be -- oh, there's quite a bit of issues in violation. Basically, the trailer was put on site. I'm sure there's got to be hurricane straps wrapped around, final inspections, a set of stairs put in, and a landing, at a minimum, and I'm sure the hookups for the plumbing need to be inspected and such. And -- MR. L'ESPERANCE: Is this occupied? MR. GIANNONE: Not at all. CHAIRMAN KAUFMAN: Okay. You said that the permit expires on 3/20 (sic). So by granting -- MR. GIANNONE: 3/28/17, sir. CHAIRMAN KAUFMAN: 3/28. Okay. The end of March. MR. GIANNONE: Yes, sir. February 23, 2017 Page 9 CHAIRMAN KAUFMAN: So if we went for 120 days, by the time this case came, the permit would be expired? MR. GIANNONE: Yes, sir. CHAIRMAN KAUFMAN: Okay. And if I'm not mistaken, you need to have an inspection to get you an additional six months on the permits. So sometime between now and March 28th, I'll say this to you, you need to have at least one inspection to get you the additional time on the permit. MR. BAKER: Okay. CHAIRMAN KAUFMAN: If you do an inspection, the Building Department grants an additional six months to have the work completed. So that's, in essence, a way to extend your permit. MR. BAKER: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. BAKER: I understand that. I'm sorry. There you go. I'm sorry. CHAIRMAN KAUFMAN: I do the same thing. My wife says, what are you doing in this room? I said, I came in here for...and then I forgot what it was. MS. CURLEY: I'll make a motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: To grant the extension but extend it to five months. MR. L'ESPERANCE: I'll second that motion. MR. BAKER: Five months. Thank you all so much. CHAIRMAN KAUFMAN: Hold on. MS. CURLEY: We haven't voted yet. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? (No response.) MR. LEFEBVRE: I think five months is too long. We're going February 23, 2017 Page 10 to be back into the rainy season. This has been going on for close to nine months now, and I think five months is too long. CHAIRMAN KAUFMAN: Okay. Any other comments on the motion? MR. L'ESPERANCE: Would you like to make an alternative motion? MR. LEFEBVRE: He originally asked for 90 days. MR. BAKER: Well, my wife had originally asked for 90 and, you know, we sat and we discussed it. And I can't work. I'm totally unable to work because of my health reasons. MS. CURLEY: Well, I'll amend my motion to four months. Then that gets him right at his finish date at hurricane season start, so that's fair. MR. L'ESPERANCE: And I'll second that amended motion. CHAIRMAN KAUFMAN: Any other comments? MS. NICOLA: One hundred twenty days? CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: One hundred twenty days. MS. NICOLA: Thank you. MS. CURLEY: Thank you. Sorry. CHAIRMAN KAUFMAN: Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Aye. February 23, 2017 Page 11 CHAIRMAN KAUFMAN: Okay. It passes. So you have 120 days. Hopefully everything will be done by then. And this is a continuation, is that correct, not an extension of time? MS. CURLEY: Continuation. CHAIRMAN KAUFMAN: Okay. The difference between a continuation and extension of time is the fines would continue to accrue, so hopefully you'll have this thing all done and we won't have any problems. But if not, it would be in your best interest to come back before the Board hopefully prior to the expiration of our order -- MR. BAKER: Yes. CHAIRMAN KAUFMAN: -- to request more time or whatever. MR. BAKER: Okay. CHAIRMAN KAUFMAN: Okay. Thank you. MR. BAKER: Yes, sir. Also I need to know, you said something about an inspection or something? MS. CURLEY: Yeah. Can we have the county write that down for him? MR. GIANNONE: Yeah. CHAIRMAN KAUFMAN: You can -- MR. GIANNONE: A gentleman named Renald Paul should -- MR. BAKER: Pardon me? CHAIRMAN KAUFMAN: Why don't you meet out in the hall, and you can tell the respondent exactly what needs to be done; how's that go? MR. GIANNONE: Absolutely, sir. CHAIRMAN KAUFMAN: Great. Thank you. MR. LEFEBVRE: Is that it? CHAIRMAN KAUFMAN: That's it. MR. GIANNONE: Thank you. MR. BAKER: That's all? Thank you very much, and you-all February 23, 2017 Page 12 have a great day. CHAIRMAN KAUFMAN: Thank you. MS. ADAMS: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MS. ADAMS: I've just been advised of a last-minute change to the agenda. Number 6, old business, No. 1, Tab 7, Case CESD20150017888, Julien Francois, LLC, has been withdrawn. MR. LEFEBVRE: Make a motion to amend the agenda. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. ADAMS: Okay. The next continuance is from imposition of fines, No. 9, Tab 15, Case CESD20160009711, Artur Muszynski. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, Eric. MR. SHORT: Good morning. CHAIRMAN KAUFMAN: Okay. It looks like the respond is not here today. MR. SHORT: Yeah. For the record, District Supervisor Eric Short, Collier County Code Enforcement. The respondent's engineer was supposed to be present; however, February 23, 2017 Page 13 he's not in attendance. CHAIRMAN KAUFMAN: Okay. Why don't you give us an idea of what the case is and what's been done. It says unpermitted electrical, plumbing, mechanical, and structural alterations to support a multifamily use. MR. SHORT: Yeah. This was a structure in a single-family residential area that was converted without permits into a multifamily unit. CHAIRMAN KAUFMAN: Any zoning problems there? MR. SHORT: There is. CHAIRMAN KAUFMAN: Okay. MR. SHORT: We're focusing on the permitting issues and, naturally, that will correct the land use issue. We had a compliance date of December -- or January 27th. The contractor applied for a permit on January 27th. It has since been rejected with a few corrections; one being flood elevation, and the other being a food preparation area that needs to be either changed to a wet bar or something like that. There's two kitchens in a single-family home that they had an issue with. CHAIRMAN KAUFMAN: Okay. If -- a permit was granted? MR. SHORT: It was rejected. CHAIRMAN KAUFMAN: Okay. Was it rejected because of the zoning? MR. SHORT: Because of the two corrections I just mentioned. CHAIRMAN KAUFMAN: Okay. So the zoning issue is now moot? MR. SHORT: By the permit application and what they're trying to do, there would no longer be a multifamily use. It will return to single-family. CHAIRMAN KAUFMAN: Okay. Because that could be -- that could last forever. February 23, 2017 Page 14 MR. LEFEBVRE: That's why one of the two kitchens have to be removed -- MR. SHORT: Correct. MR. LEFEBVRE: -- or turned into a wet bar. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Mr. Chair, I also have members of the public from that community that would like to speak before any decision's made. CHAIRMAN KAUFMAN: That's fine. Why don't they come up. MR. LEFEBVRE: If there's more than one, can they all come up and maybe get sworn in? CHAIRMAN KAUFMAN: Any there any others besides these two individuals? (No response.) CHAIRMAN KAUFMAN: Okay. Why don't we swear them in also. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And could you give us your names on the microphone. MR. WEIR: Tom Weir. I own the home next to this residence, and I basically would just like to ask that you don't grant the continuance. This home has been just a major issue from the day that he bought this house. It's been in extreme disrepair, and he did nothing to it and has split the house up into two units and rented it out. There's been -- I've had SWAT team members in my backyard casing the house next door because of the type of people that would rent that type of situation. It's just, there's so many to mention. It's a terrible situation, and I'm just asking that you please correct it. February 23, 2017 Page 15 CHAIRMAN KAUFMAN: Okay. MS. COHEN: And my name's Patti Cohen. I sold the house to Tom, and I live on the other side of it. And I've been in the neighborhood 17 years. It's a beautiful little old area of Naples. Everybody else’s, except for that house, is very well maintained, and it's a beautiful, quiet street. And they've been in violation of this for a long time. The neighbors have tried to contact the owner, asked him to please clean it up, you know, change things, make it look better, do whatever you can, and he's been completely refusing to do anything to help the neighborhood out. So we ask that you do not grant it, and we'd like it to change. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board to the people who have spoken on this issue? MR. L'ESPERANCE: Is this structure occupied? MR. SHORT: It is. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to deny the extension or continuance. MR. L'ESPERANCE: I'll second that. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion to deny. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Just so I can explain it, the continuance of this is going to be voted on now. Why don't we do that. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. February 23, 2017 Page 16 MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So the continuance is denied. So the order will be heard -- MR. SHORT: Later today. CHAIRMAN KAUFMAN: Excuse me? MR. SHORT: Later today. CHAIRMAN KAUFMAN: Later today. Probably not much later, but probably within an hour or so. MR. LEFEBVRE: You just want to explain that process to them? CHAIRMAN KAUFMAN: Yeah. You can request a continuance or an extension of time, and it's either granted or it isn't granted. If it's not granted, then it was due to be heard today, so since a continuance was denied, it will be heard today. MS. COHEN: Okay. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And we'll decide if we're going to impose fines or not. MS. CURLEY: Thank you for coming. CHAIRMAN KAUFMAN: Okay. So you may want to hang around just to hear this and you may want to testify at that time as well. MS. COHEN: Thank you. MR. WEIR: Thank you. MR. SHORT: Thank you. MS. ADAMS: The next motion is a motion for extension of time. It's Tab 1, for the Board, Case CESD20140011921, Omar Otero, Sr., and Liliana L. Portillo. February 23, 2017 Page 17 (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You're the person that's -- give us your name on the mic, if you would. MR. OTERO: Yeah. My name is Omar Otero, and I want to say good morning to you ladies and gentlemen, and thank you for your time and the consideration of granting me this hearing. I'm not here to make any excuse. Like the gentleman before me, it's just a matter of economical. As I mentioned the last time I was here, I'm a self-employed individual, and my income depends on the needs of my clients. I had a great year when I bought this property. I had available money to do the investments and do the structures but, unfortunately, I had a little bad year after that and some personal problems with the education of my children. The structure is there. I don't live in it. It's not occupied. It was initially built to house the couple of animals and the feeds. But according to the county regulation, it is located in a residential area, which I didn't know at the time. I thought it was agriculture, and that's why I built it. Plans have been secured and paid for to the county and approved by the county to do a remodeling structure of that, which needs to be lifted a few inches off the ground. I'm in negotiations with the bank in securing a loan on my property in Miami to do the modifications that I need, but it takes time. I got copies of the original plans approved by the county here, and the payment for those permits, which was also approved. I'm just requesting another year extension to start as soon as possible to modify the structure and -- because the destruction of said structure does not benefit the county or me. I mean, I could destroy it and get rid of the problem, but I invested a lot of money, and I would not like to lose that, and I just February 23, 2017 Page 18 want to modify it. CHAIRMAN KAUFMAN: I'm looking at the order, or the old order, and it said that the -- you're actually -- you have until March 18th -- MR. OTERO: Yes, sir, I do. CHAIRMAN KAUFMAN: -- on this order, so you're here ahead of time, which is a good thing to do. And it says that the expired permits for the fencing and structures on the property. Permits were pulled when? MR. OTERO: The permits, I have them here. I could -- this is over here. May 15, 2015, I paid for them. And the fence is already clear, and the driveway is already cleared. That was approven (sic) and passed inspection and everything. The only -- this is, like, a barn structure that I have. It was originally to house a couple of animals and put some feeds in it, but the county said that I cannot have any structures unless I have a main residence, which I wasn't planning to do at the moment. I just, you know, wanted to keep the land with the animals there. I do plan to move to Collier County in the near future once I sell my house over there in Miami, and I want to build a house there. But at the moment, since the county requires it, I have to modify that barn and convert it into a little house in which I have to pay the impact fee, which is approximately $14,000. It's about $60,000, the whole investment in it. I'm trying to secure a loan to finish it up and complete it, but it takes time. If you grant me a year, I'll appreciate it. CHAIRMAN KAUFMAN: This is -- we're going on almost two years on this since the permits were pulled. MR. OTERO: It was -- exactly. The permit was pulled, like I said, but it was -- it's not a matter of no compliance, I don't want to do it. It's a matter of that I didn't have the money to do it. Like I said, I February 23, 2017 Page 19 could destroy it tomorrow and demolish it and, you know, I'll get rid of the problem, but it will be a shame because it won't benefit the county or me. It's a structure in which I put, like, 35-, $40,000 to build, and I want to modify it to convert it into a little house and pay the impact fees. CHAIRMAN KAUFMAN: Okay. Let me ask you a question I know someone from the Board is going to ask; I'll ask it ahead of time. What would -- if we granted you a year -- MR. OTERO: Yes, sir. CHAIRMAN KAUFMAN: -- and you came back here after a year and said what you said now, we'd be in the same position. MR. OTERO: I wouldn't happen, sir. It wouldn't happen. If you -- if within the next 60 days I haven't got money, I will get a demolition permit; I will get rid of it. CHAIRMAN KAUFMAN: Okay. So why don't we hear from the Board if you have any questions for the respondent, and then we'll go to the county. Any questions of the respondent? (No response.) CHAIRMAN KAUFMAN: Okay. MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. The county has no objections to this request. And I think I understand his strategy in terms of the permits being expired. He's not paying the fees because he doesn't have the money, so I definitely understand that strategy. It's not occupied. I was out there yesterday. The fence has been CO'ed. The culvert has been CO'ed. And just the structures are the question now, that need to be finalled. CHAIRMAN KAUFMAN: We are in a position now where the expired permits need to be re-upped -- MR. ODOM: Yes. February 23, 2017 Page 20 CHAIRMAN KAUFMAN: -- or re -- so that has to happen. MR. ODOM: Correct. CHAIRMAN KAUFMAN: That would probably be the first thing; is that correct? MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: Okay. Comments or questions of the county from the Board? MS. CURLEY: Is it like a pole barn, or what is it? MR. ODOM: That's a good question, ma'am. It's a shelter for animals. I guess you could call it a pole barn. It's a little more intricate than that. I mean, it has some sides as well. It is for animals; hoofed animals, I believe. MS. CURLEY: Does it have a roof? I mean -- MR. ODOM: Yes, ma'am. MS. CURLEY: It was built by him? MR. OTERO: Yes. MR. ODOM: Yes. MS. CURLEY: Without a permit? MR. OTERO: It is in compliance with the -- MR. ODOM: Correct. MR. OTERO: -- structural or codes and everything, but at the time, as I mentioned before -- I don't know if you remember, I didn't know I needed a permit to build the barn for the animals since I was granted an agricultural extension, but I was mistaken in regards to that. MS. CURLEY: The question I wanted to know is if it was built without a permit. It is -- MR. ODOM: That is correct. MS. CURLEY: Then for -- I think about June 1st, if we have a hurricane, is this roof going to damage a neighboring property? And that's what I don't want to have happen. MR. ODOM: Yes, ma'am. That's a good question. February 23, 2017 Page 21 CHAIRMAN KAUFMAN: That would have to go before the county for an unsafe determination. If that was the case, that would be a referral from the county to Mr. Walsh and his group to determine if that was the case, so... MR. OTERO: I want to say, you know, the structure, I had the foundations, and it's all a very strong structure. But regardless of that, I was planning to ask the inspector as well, because the plans were made to modify that structure to make it county compliance, and they were approved by the county. Everything was there that was submitted, and the county looked at it, approved of it, and they said, okay, if you do it this way, it's perfectly fine. CHAIRMAN KAUFMAN: I'd like to go back to your comment before. I think that might possibly be a solution. If you say that you're going to start doing something on this within the next three or four months -- MR. OTERO: I've got copies of the plans over here. I started to -- CHAIRMAN KAUFMAN: Okay. So the first thing would be to get the permits back into an active status. MR. ODOM: Yes. CHAIRMAN KAUFMAN: And we'll know that in the next three or four months. I think waiting a year may be too much time to do that. So I would be amenable if someone would like to make a motion to grant an continuance of 120 days. MR. LAVINSKI: Did this first come to us as a citizen complaint? MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: How large is the property here? MR. ODOM: Exact acreage, I do not know. It is -- CHAIRMAN KAUFMAN: It's out in the Estates? February 23, 2017 Page 22 MR. ODOM: Yes, sir. It's not more than -- it's definitely not more than 2.5, I believe, acres; is that correct? MR. OTERO: No. The one I have, I have eight acres over there; eight. It's at the very edge -- it's at the last end -- it's the last portion of the residential area, which, you know, is a connection with the agricultural area and the new preservation up at Corkscrew, a preservation area. It's the last one. I mean, it's the end of it, and there's no residents there -- CHAIRMAN KAUFMAN: So you have eight acres? MR. OTERO: Yes, I do. CHAIRMAN KAUFMAN: My concern would be if it was a 1.14-acre with a problem that could affect a neighbor is one thing. MR. ODOM: I'm wrong. I strand corrected. It is on the edge of the canal, and it's the very last property. There is a house, not directly across the street, but there is a single-family home in the vicinity. MR. L'ESPERANCE: I'll second the chairman's motion. CHAIRMAN KAUFMAN: Okay. So let me repeat my motion: That we grant a 120-day continuance, and at that time I don't expect you to be completed with what you're doing, but I do expect to see some progress on it, so... MR. OTERO: Yes, the first thing I will do, I will renew the permit, and I at least will do the elevation and the foundation, and from that I will continue. CHAIRMAN KAUFMAN: Why don't you wait 120 days before you tell us everything that you're going to do, and that way you can say you did it. Okay. So we have a motion; we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? February 23, 2017 Page 23 MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: One opposed, okay. It carries. Okay. Thank you. MR. OTERO: Thank you, sir. I appreciate it. MS. ADAMS: Sorry. Mr. Chairman, there's been one other change to the agenda, if I may. CHAIRMAN KAUFMAN: No more changes. No. MS. ADAMS: Sorry. CHAIRMAN KAUFMAN: Go ahead. MS. ADAMS: From Letter C, hearings, No. 3, Tab 4, Case CESD20150009335, Lisa Marie Silverman, has been withdrawn. MR. LEFEBVRE: Make a motion to amend our agenda. MR. DOINO: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) February 23, 2017 Page 24 CHAIRMAN KAUFMAN: It carries unanimously. MS. ADAMS: The next motion for extension of time is from imposition of fines, No. 10, Tab 16, Case CESD20160012452, Celestrino Gonzalez Chaves and Delores Sayonara Montalvo. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: How you doing? CHAIRMAN KAUFMAN: Good morning. MS. RODRIGUEZ: Good morning. CHAIRMAN KAUFMAN: We have quite a few people who aren't here today. I guess your respondent is -- MS. RODRIGUEZ: I haven't heard from them. I did get the email from the letter that they were asking for more time, but I have no idea why they're not here. MR. LAVINSKI: Was this supposed to be heard last month? MS. RODRIGUEZ: No, I don't think. CHAIRMAN KAUFMAN: Let's make sure we have the same case that I'm looking at. You're looking at Tab 16? Okay. MR. LEFEBVRE: Because it says, the first line, I'm requesting more time for our hearing on January 25th. MS. ADAMS: What happened, I think, is when we received this motion, it was past the cutoff time to schedule for January, so it made it on this agenda. So it wasn't on the agenda for January. CHAIRMAN KAUFMAN: Okay. I recall this. Somebody was incarcerated at the time, et cetera? MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: So why don't you tell us -- MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. I really haven't spoken too much with them. I did inherit the case from Eric, because this was Eric's case. They did apply for a permit for the electrical. It went back to its February 23, 2017 Page 25 original state, because this was where they had all this electricity running all over the place. They did final the permit on that electric. They do not have a permit and have not applied -- they haven't started anything on that back structure where the grow house was. The gentleman says that they were having difficulty financially, I guess, because of all the other issues he's having. CHAIRMAN KAUFMAN: Yeah. Ordinarily, the respondent would be here to argue their case as far as granting additional time. They're not here, which kind of handcuffs us a little bit on the Board. So any comments from the Board or any motions from the Board? MS. CURLEY: What does the county recommend? MS. RODRIGUEZ: We have no objection. We leave it up to the Board. I mean, there isn't any electric going into that building, so I don't know -- he's still -- I'm sure there's nothing there anymore, but I don't know. I haven't been back there either, because every time I go over there there's no one home, and I leave my little doorknobs, and I've only had one callback. MS. CURLEY: So how did the original complaint come in? Do you have any record of that? MS. RODRIGUEZ: By the Sheriff's Department. CHAIRMAN KAUFMAN: This was a drug house that was an -- MR. LAVINSKI: I make a motion to deny the request. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the request for a continuance. MR. LAVINSKI: Correct. CHAIRMAN KAUFMAN: Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? February 23, 2017 Page 26 MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We'll hear this case later. MS. NICOLA: Point of clarification. This was a motion for extension of time, isn't that right, not a continuance? I think the motion was for an extension of time. Okay. Just making sure. MS. ADAMS: Yes. CHAIRMAN KAUFMAN: Okay. Either way. MR. LEFEBVRE: It's denied. It doesn't matter. MS. NICOLA: I just want to be sure for clarification of the order. CHAIRMAN KAUFMAN: Okay. MS. ADAMS: The next case is from Letter C, hearings, No. 1, Tab 2, Case CELU20160014975, Jason Lee Willard. (The speaker was duly sworn and indicated in the affirmative.) MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is in reference to Case No. CELU20160014975 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03 and a violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181. Violation description: An unpermitted accessory structure February 23, 2017 Page 27 present without first having a permitted or primary principal structure; three recreational vehicles and a white Chevrolet van being stored on the unimproved property. Additionally, outside storage of items including, but not limited to, appliances, metal cans, plastic, wood, bikes, metal barrels. Lastly, litter, including, but not limited to, paper, plastic, trash bags, broken chairs located throughout the unimproved property. Violation location: 1680 Acremaker Road, Naples, Florida, 34120; Folio, 00193240007. Service was given on October 14th, 2016. I would now like to present case evidence in the following exhibits: Eleven photos taken by me and a 2017 aerial obtained via Property Appraiser. CHAIRMAN KAUFMAN: Okay. Do we have a motion from the Board? MR. LAVINSKI: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ODOM: Concerning the details of this case, it originated as a complaint by the owner of an adjacent parcel. The complaint stated February 23, 2017 Page 28 that there was possibly an active homeless camp on the property. Subsequently, a site visit was made in collaboration with two Collier County sheriff's deputies due to the nature of the complaint. CHAIRMAN KAUFMAN: Do you want to comment on the photos as you -- as they're being sent? MR. ODOM: Absolutely. Okay. That first photo is from the adjacent parcel, which is now Mattamy Homes. When that photo was taken, the construction had just begun, and that is the south -- just south of the property in violation. And you can see a little bit from that photo, hopefully. If you look in there, you can kind of see some silt. It's about six feet high. CHAIRMAN KAUFMAN: Okay. MR. ODOM: And just beyond that is all the structures in question. MS. CURLEY: So the sand is not the property in the -- MR. ODOM: Correct. MS. CURLEY: The property you were speaking of is where it starts in red? MR. ODOM: Yes, ma'am. That's the complainants property. And after that small silt is a buffer and a little preserve and then the respondent's property. I apologize for the quality of that photo. CHAIRMAN KAUFMAN: I can see. I think on the next photo it will make it clearer where we're talking about. MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: It looks like a tent structure or something. MR. OTERO: Yes. Somebody erected that to kind of shield everything behind it, which is where all the violations are. CHAIRMAN KAUFMAN: Okay. So -- MR. ODOM: And, again, this is the south entrance of the February 23, 2017 Page 29 property. The property is unimproved. There are -- that is the only thing that looks like a structure on the property. The rest of the photos are recreational vehicles. CHAIRMAN KAUFMAN: Is this a large property? MR. ODOM: It is not. This one is actually -- and I have it right here. It's 1.12 unimproved, zoned agriculturally. CHAIRMAN KAUFMAN: Okay. MR. ODOM: And the rest of these photos will just show -- I think it's three recreational vehicles. CHAIRMAN KAUFMAN: Are they all unregistered? MR. ODOM: Yes, they're all unregistered. MS. CURLEY: And does it look like they're abandoned? I mean, the greenery and whatnot doesn't look like it's walked on or anything. Does it look active? MR. ODOM: Well, no, ma'am. It doesn't at this point. I've spoken to a couple residents on this street. Acremaker Road is the name of the street, and two different people have stated that the owner of this property may have, in fact, been living there since the early '80s in, sort of, one of the campers and storing something in the other camper and just kind of collecting stuff. I was unable to get ahold of any -- of the property owner. It is rumored that he is in Hospice care, so I'm unable to get ahold of anyone. And it's just kind of abandoned. And the reason why this came to light was because the complainant is the owner of Argo Land Development to the south side, and they're building all those beautiful homes. MR. LEFEBVRE: Is that Compass Landing? MR. ODOM: Yes, sir. And also to the north there's Legacy Lakes going in, which is a new habitat. So there's a lot of light being shed on Acremaker Road and these properties. CHAIRMAN KAUFMAN: Okay. February 23, 2017 Page 30 MS. CURLEY: So do we have proof that this notice was picked up from the P.O. box that it was sent to? CHAIRMAN KAUFMAN: It doesn't matter whether it's picked up or not as long as it's delivered. MR. ODOM: Okay. I'll just continue with my narrative real quick. The first site visit was made with two deputies, like I said, because of the nature of the complaint. And upon arrival, there was no one present, but it was evident that there were several land use violations and nuisance abatement violations. No communication from anyone and, as of yesterday, the violation remains, so... MR. LEFEBVRE: Make a motion that a violation does exist. MR. DOINO: Second. CHAIRMAN KAUFMAN: Go through the photos first. Okay. MR. ODOM: And as you can see from the aerial, you can't see anything, the canopy is so thick. There's no indication that there's anything going on there. That's a 2017 aerial. CHAIRMAN KAUFMAN: Okay. Is that the last photo? Okay. We have a motion and a second that a violation exists. Any comment on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? February 23, 2017 Page 31 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us? MR. ODOM: Yes, sir; that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $65.85 incurred in the prosecution of this case within 30 days and abate all violations by: No. 1, obtaining any required Collier County permits, inspections, and certificate of completion for the removal of the accessory structure within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, removing all unauthorized items currently being stored on the property to a conforming location and removing all litter from the property to a site intended for final disposal within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 3, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to fill in the blanks as far as the amount of fine and the amount of days that are given to remediate this problem? MS. CURLEY: Mr. Chair, I have a question. CHAIRMAN KAUFMAN: Shoot. MS. CURLEY: Can you modify No. 3 after you pick -- after someone chooses the stipulation dates; that if one and two go unanswered, then you go right to permitting the county to step in? It says "may." February 23, 2017 Page 32 CHAIRMAN KAUFMAN: That's ordinarily what happens. Have you been in touch with the respondent at all? MR. ODOM: No, sir. CHAIRMAN KAUFMAN: What's going to -- if I have my crystal ball in front of me, they're not going to respond to this, and the county is going to wind up cleaning up the property, and they're going to put a lien on the property for the amount that it costs the county to do that. MS. CURLEY: Can we just skip right to that? CHAIRMAN KAUFMAN: No, I don't think so. MS. CURLEY: Okay. MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: Go ahead, Jeff. MR. LETOURNEAU: The reason we put "may" in there is because -- I'm going to be blunt. A lot of times the cost is prohibitive, and we might not -- we're using taxpayer money to abate this, and if we can't get it back, a lot of times we, you know, try to maybe wait for a new owner or somebody to come in there. And, you know, I'm not saying this one, but that's the reason we have "may" in there. MS. CURLEY: Well, you'll get it back this time because it's not anyone's homestead property. MR. LETOURNEAU: Well, maybe. I don't know. It's possible. We might lose it in a foreclosure proceeding. There's all sorts of factors that could, you know -- CHAIRMAN KAUFMAN: Depends if your crystal ball is any better than my crystal ball at this stage. Okay. MR. LETOURNEAU: That's our standard. CHAIRMAN KAUFMAN: Okay. If nobody from the Board wants to make a motion, I will, and I will recommend, since you have not been in contact with them, that we do 60 days and a fine of -- on our chart, let me ask Mr. Lavinski, what do we have on that? February 23, 2017 Page 33 MR. LAVINSKI: Well, we've got two mixed issues here. We've got the permit, and then we've got the weeds and that. CHAIRMAN KAUFMAN: Permit. MR. LAVINSKI: So the permit would be $100 a day. CHAIRMAN KAUFMAN: Okay. So -- and I'm going to combine the two and make it $150 a day. And that starts to accrue after 60 days. So the respondent is given 60 days to clean this up. If they don't, they'll be in violation at that point. The fines will accrue after the 60 days. Okay. That's my motion. MR. LAVINSKI: Mr. Chairman, I would second it if the amount was 30 days. CHAIRMAN KAUFMAN: Okay. I'll make it 30 days. MR. LAVINSKI: I'll second it. CHAIRMAN KAUFMAN: Okay. Any comments on the motion? MR. ASHTON: I've got one question. You said that the fellow is in Hospice care? MR. ODOM: I don't know that for a fact, but I've heard that from two different residents, yes. MR. ASHTON: Is there anybody that is representing him at Hospice or... MR. ODOM: I also heard he was in Virginia under the VA. He's a veteran. And we held off on taking this because the complainant really wanted to work with people to get this cleaned up, and, you know, this case has been open since, I think, September, but nothing happened. And so we were unable to get ahold of anybody, unfortunately. MR. ASHTON: Because that's the problem. We're going to do this, and who's it going to go to? MR. ODOM: Yes, sir. I understand. CHAIRMAN KAUFMAN: You may be able to -- since they're February 23, 2017 Page 34 building these houses there, it would be -- I don't know how you would do it, but the people that are building the houses might volunteer somehow to clean up the property. Who knows. MS. CURLEY: Maybe -- could we amend the motion to a lesser fine knowing that we're -- what road we're sort of heading down, so at least when 30 days comes and the county starts addressing the issue, it's not a massive -- we haven't fined where the property value is diminished now? MR. LEFEBVRE: Well, if the county goes in and corrects it, then the fines will stop at that point. MR. L'ESPERANCE: They can be abated. CHAIRMAN KAUFMAN: And they could be abated. MR. LEFEBVRE: They would be abated by the county so the fines the stop. CHAIRMAN KAUFMAN: So if you're asking me to change the amount of money, no. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: I don't want to modify my motion. MR. LEFEBVRE: It sounds like, if he's been supposedly living in this property since 1980, he's probably been like this for that long. So these neighbors have been living with this issue for this amount of time. So he probably was aware of it. So I think the 30 days is reasonable, and $150 a fine -- day fine is absolutely reasonable. CHAIRMAN KAUFMAN: Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. February 23, 2017 Page 35 MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is there any way, by the way -- on a sidenote, is there any way of contacting him up in Virginia? MR. ODOM: I will look into that, sir, as -- CHAIRMAN KAUFMAN: Because the property's got to be worth money. It's a small piece of property, but even so. And -- MR. ODOM: Yes, sir. I did talk to one of the neighbors that was very helpful, at first, but he got nowhere, ultimately. But he was reluctant to give me the property owner's daughter's number. I asked him for it. I said, you've been in contact with his daughter. Can I have her number? And he didn't want to give it to me. I said, okay, well, give her mine. Here's my cell number, so -- and I still haven't heard anything, but I will look into that, absolutely. CHAIRMAN KAUFMAN: I think if you let them know it's to their best interest so that they can work with the county to resolve the situation... MR. ODOM: Yes, sir. MR. LEFEBVRE: Did you check in public records, just his name in general, to see if there's any PA or anything? MR. ODOM: Yes, I Googled, and there's -- he's kind of literally been off the grid. And, like I said, it's come to light lately with all the new developments, but -- MR. LEFEBVRE: Kind of morbid, but if there is an obituary, there may be a next of kin in that obituary which might lead you to something. MS. CURLEY: Thank you. February 23, 2017 Page 36 CHAIRMAN KAUFMAN: Okay. Thank you. MS. ADAMS: The next case is No. 2, Tab 3, Case CESD20160010293, David P. Hankins, Sr., and Kathryn Hankins. (The speaker was duly sworn and indicated in the affirmative.) MR. ASARO: For the record, Tony Asaro with the Collier County Code Enforcement. CHAIRMAN KAUFMAN: You look familiar. I think I saw you recently. MR. ASARO: I've been here before a few times. CHAIRMAN KAUFMAN: Okay. This is the -- earlier we heard the request for a continuance which was denied, so why don't you present the case now. MR. ASARO: Thank you. This is in reference to Case No. CESD20160010293 pertaining to a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Property is located in 1925 Golden Gate Boulevard, Naples, Florida, 34120; Folio No. 36914340008. At this time I would like to present case evidence of seven photographs dated June 24th, 2016, and one aerial photo of the property. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept -- MR. ASHTON: Motion to accept. MR. LAVINSKI: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. February 23, 2017 Page 37 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ASARO: On June 24th, 2016, multiple unpermitted structures were observed on the property. After several site visits and correspondence and conversations with the property owner -- CHAIRMAN KAUFMAN: Hold on, Kerry. Go ahead. I just wanted to go through some of the photos with you giving us your description of them. MR. ASARO: Oh, okay. CHAIRMAN KAUFMAN: These are photos taken by you. MR. ASARO: These were taken by Sherry Patterson, but I do have firsthand knowledge of the property -- of the violation, because I have been on the property and have taken photos myself, additional photos. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Portable garage. According to our code case determination, a permit is required for it; no permit for it. CHAIRMAN KAUFMAN: Okay. MR. ASARO: So erected without a permit. MS. CURLEY: Is the concrete -- is it poured concrete? MR. ASARO: It looks like there is a pad down there. CHAIRMAN KAUFMAN: Who made the determination that it requires a permit? MR. ASARO: Our building official, Jonathan Walsh. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: If you look to the left of the Ford, you can February 23, 2017 Page 38 see there's a -- MR. ASARO: I don't know if it's a concrete pad. MR. ASHTON: No, it looks like -- MR. ASARO: It looks like there's grass or something there. CHAIRMAN KAUFMAN: If he decided that it requires a permit, it doesn't matter whether it's concrete. MR. ASARO: Yeah. It doesn't matter if it had a pad or not; it still needs a permit. It's irrelevant. And he has a few additional portable garages or carports on the property. CHAIRMAN KAUFMAN: Next one. MR. ASARO: Another tent-like structure. I'm assuming it's -- there's a car in there or something. Another portable-type structure requiring a permit. Both of those structures were erected without permits. CHAIRMAN KAUFMAN: Okay. The side by side or -- MR. ASARO: Side by -- the one to the left is the one we just saw, and then there's another one. That one there is erected without the permit. CHAIRMAN KAUFMAN: So there are, like, three of them to begin with. Okay. MR. ASARO: And this is a workshop that was originally permitted. He actually added electricity to it without a permit. CHAIRMAN KAUFMAN: Looks like he does auto -- MR. ASARO: Motorcycle repair. That's just another shot of his workshop. There is a car in there, but he mainly does motorcycle repair. CHAIRMAN KAUFMAN: This is a permitted building? MR. ASARO: That's a permitted building, but he added the electricity without the permit. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Was the lift permitted? You would need February 23, 2017 Page 39 electricity. MR. ASARO: As far as I know, that's not permitted. Electricity, any additional things that he's added to that shop is not permitted. CHAIRMAN KAUFMAN: That picture right there is -- MR. ASARO: That's the shop. CHAIRMAN KAUFMAN: Okay. MR. ASARO: And then it's the aerial of the property. It's 2.0 acres; 2.08 acres. CHAIRMAN KAUFMAN: Okay. MR. ASARO: So after several correspondence and site visits and conversations with Mr. Hankins, the violation still remains. All structures are still unpermitted, and there's no permit for the electricity that he ran. CHAIRMAN KAUFMAN: What has he said? Did he say that he's going to take care of it or -- MR. ASARO: We had a few correspondence by emails. He's been trying to get different contractors. Last I heard, one of the contractors bailed out on him because he wouldn't give the contractor the correct information as to what he did without permits. I guess they got frustrated and just -- CHAIRMAN KAUFMAN: Is the respondent -- MR. ASARO: Terminated his relationship with him. CHAIRMAN KAUFMAN: Does he know that it's being heard today? MR. ASARO: Yes, he's aware of it. I actually gave him the notice of hearing. CHAIRMAN KAUFMAN: Okay. Fine. MS. CURLEY: Do you see this addition to Tab 3? It's a communication from February 10th where they're aware of the meeting today. February 23, 2017 Page 40 CHAIRMAN KAUFMAN: I just asked that. He is. He gave it to him. MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Yep. Okay. MR. LAVINSKI: Second. MR. LEFEBVRE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have motion that a violation exists, and we have a second. MR. LEFEBVRE: Pick one. CHAIRMAN KAUFMAN: Pick one. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us, Tony? MR. ASARO: Yes, I do. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Code Enforcement Board orders the respondent to pay all operational costs in the amount of $63.75 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or February 23, 2017 Page 41 demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: I have one side question. There is a residence on this property. MR. ASARO: Yes. The main structure, yes. CHAIRMAN KAUFMAN: And that's fine, okay. Any comments? (No response.) CHAIRMAN KAUFMAN: Motions from the Board? Fill in the blanks? MR. LAVINSKI: Yeah, I'll give it a got. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: Make a motion that the 63.75 be paid within 30 days and that the other be given 30 days or a fine of $100 a day. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Comments on the motion? MR. LEFEBVRE: I think the amount of time is -- wouldn't be enough if you want to try to get it permitted, and I think the dollar amount is too low. CHAIRMAN KAUFMAN: Okay. Any comments from the motion maker? MR. LAVINSKI: No. I'll stick with it as it's presented. February 23, 2017 Page 42 CHAIRMAN KAUFMAN: Okay. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Opposed. CHAIRMAN KAUFMAN: Opposed. Okay. It passes. MR. ASARO: Thank you. CHAIRMAN KAUFMAN: Thank you. MS. ADAMS: The next case is No. 4, Tab 5, Case CELU20160015397, Guadalupe Gonzalez, Eva Gonzalez, and Josue Daniel Gonzalez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, sir. MR. GONZALEZ: Daniel Gonzalez; Josue Daniel. CHAIRMAN KAUFMAN: Okay. And you have the permission of -- MR. GONZALEZ: It's my parents. CHAIRMAN KAUFMAN: -- the other two people to speak for them? MR. GONZALEZ: Yeah. They're early, so they stay home. CHAIRMAN KAUFMAN: Okay. Why don't you begin with the case presentation. MR. LOPEZ-SILVERO: Good morning. For the record, Stephen Lopez-Silvero, Collier County Code Enforcement. February 23, 2017 Page 43 This is in reference to Case No. CELU20160015397 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Observed an unimproved food trailer parking and/or parked on improved, occupied commercial property located at 102 South 4th Street, Immokalee Florida, 34142; Folio 25581000009. Service was provided on October 29th, 2016. I would like to present case evidence in the following exhibits: One picture taken by myself on October 28, 2016. MR. LEFEBVRE: Make a motion to accept. CHAIRMAN KAUFMAN: Before you do that, have you seen the photo? MR. GONZALEZ: I just saw one of them outside. I don't know if that's -- MR. LOPEZ-SILVERO: Briefly. CHAIRMAN KAUFMAN: Do you have any objection to that photo being introduced? MR. GONZALEZ: No. CHAIRMAN KAUFMAN: Okay. Motion to accept it. MR. LEFEBVRE: Motion. CHAIRMAN KAUFMAN: And a second? MR. LAVINSKI: Second. CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? February 23, 2017 Page 44 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. LOPEZ-SILVERO: And the picture demonstrates here that this is a utility trailer being used as, like, a food service vehicle on the -- I must also note this is a -- this commercial property's approved for a flea market, so they're servicing patrons of the flea market. And you see the flaps or the windows on the trailer are up, so they are -- I did verify it was in operation on that day. There were folks there serving food. CHAIRMAN KAUFMAN: Okay. And the violation in this particular case is an unpermitted operation as far as -- I don't know if it's the Department of Health that grants a permit or who. MR. LOPEZ-SILVERO: We described it as an unapproved food trailer. Per zoning, they can get an amendment to their site plan or an insubstantial change to have that utility trailer remain. CHAIRMAN KAUFMAN: Would that be from the people that have the flea market? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. And they're aware of that, the flea market is? MR. GONZALEZ: That's -- we own the flea market. MR. LEFEBVRE: You own the property. MR. GONZALEZ: Yeah, the other vendor, he's one of my vendors there, which I explained to him the last time he was out there -- that was back in December I showed him a couple emails where I emailed Chris Scott from the Planning Department and never got any sponsor. Emailed him again in January; never got any response. Finally, after he came out, I got a response from him to set a meeting with him to see what we need to do on our SIP plan to change it to correct the issue. I finally got a meeting with him on the 15th of February, met with February 23, 2017 Page 45 my engineer on the 20th, and I let him know after that meeting we got -- my engineer will have all my stuff ready to submit for the change by -- hopefully in three weeks, and then we've got to submit it, and however long the county takes to get us the permission back, which the meeting I had with Chris Scott, basically he told me if I show it on the site plan, there will be no issue. CHAIRMAN KAUFMAN: Okay. Did you discuss at all holding this off for X amount of time starting now maybe for a month or two months, or whatever it is, until you come into compliance? MR. GONZALEZ: That's what I asked him before the meeting. Since, you know, we got the ball rolling now again -- CHAIRMAN KAUFMAN: Right. MR. GONZALEZ: -- can we still -- can I let my vendor keep working where it's at since, basically, Chris Scott said once we show it on the site plan there will be no more -- no further violations or issues with it. But like I said, once we're doing that -- my engineer's in the process of doing the drawings, and there's a couple other changes where I've talked to the CRA, you know. They want to make it look a little better and something that I can do to make it look better. We're in that process of getting all that together to submit it. That's about three weeks' span for him to get all that together. Then I'll submit it to the county. I don't know how long they're going to take. CHAIRMAN KAUFMAN: Okay. Let me just explain to you how things work here. If we find that -- we're going to see if there's a violation that exists. If a violation exists, then after that time we'll see what the proposal is as to how long it should -- how long we'd provide time to have it resolved, and if it's not resolved within that time, what the consequences would be. So at this stage, are there any questions from the Board of the respondent? February 23, 2017 Page 46 (No response.) CHAIRMAN KAUFMAN: My only question is, you think you can get this all wrapped up in two months, three months tops? MR. GONZALEZ: I'm hoping two months. CHAIRMAN KAUFMAN: Okay. MR. LAVINSKI: I guess my concern is, do we know if that trailer is permitted through the Health Department? MR. GONZALEZ: On my -- because there's two flea markets in Immokalee. This -- on mine I require all of my food vendors to be licensed through the county and the Health Department and also carry their own liability insurance. That's what I require on mine. MR. LAVINSKI: Okay. MR. GONZALEZ: Yes, I do have copies of his current license. CHAIRMAN KAUFMAN: So the answer to your question is yes. MR. LAVINSKI: That's a yes? MS. CURLEY: That's a yes. MR. LEFEBVRE: He's testifying to it. CHAIRMAN KAUFMAN: Okay. Any other questions of the respondent from the Board? MR. LEFEBVRE: No, but I have a question. CHAIRMAN KAUFMAN: You have a question? MR. LEFEBVRE: Of the investigator. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: For this, it's really not that big of a change, it sounds like, to the site improvement plan. How long would, based on your experience, would it take to get this approved? MR. LOPEZ-SILVERO: It will take anywhere, from my experience, from several weeks to several months. MR. LEFEBVRE: Is it an administrative approval, or does it have to go to any kind of hearing officer? February 23, 2017 Page 47 MR. LOPEZ-SILVERO: It goes through several divisions within our department. MR. LETOURNEAU: It's administrative. MR. LEFEBVRE: It's administrative. Okay. So it's much quicker than -- MR. LETOURNEAU: It doesn't have to go before the commissioners, yeah. MR. LEFEBVRE: Okay. It does not? MR. LETOURNEAU: It does not. MR. LEFEBVRE: Okay. So 120 days probably would be sufficient? MR. LOPEZ-SILVERO: Yes. MR. LEFEBVRE: We're a little bit ahead of the game, but... CHAIRMAN KAUFMAN: Yeah. So let's start out with does a violation exist. MR. ASHTON: Make a motion a violation exists. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: We have a motion -- MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: -- and a second a violation exists. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? February 23, 2017 Page 48 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. Now let's see what the -- what we can do to resolve this situation. Do you have a suggestion for us? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: Code Enforcement Board order: The respondent to pay operational costs in the amount of $65.01 incurred in the prosecution of this case within 30 days and abate all violations by: Removing the unauthorized food trailer from within the flea market until county approval is granted, if applicable, within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to make some comments or -- MR. LEFEBVRE: Question. When is this flea market held? MR. GONZALEZ: What's that? MR. LEFEBVRE: What day is this flea market held? MR. GONZALEZ: The busiest days are Friday, Saturday, and Sunday. MR. LEFEBVRE: Is it every day that the flea market's held? MR. GONZALEZ: Well, the operations will be seven days a week, but the busiest days is Friday, Saturday, Sunday. The seven days is basically for holidays that fall on a Monday or Wednesday. February 23, 2017 Page 49 MR. LEFEBVRE: But it's open every day is what I'm getting at? MR. GONZALEZ: Yes. MR. LEFEBVRE: Okay. MR. LAVINSKI: Yeah. My question would be the -- if this sounds like it's going to be a slam dunk type of permit, I can't see requiring the trailer to be removed during this time. CHAIRMAN KAUFMAN: I think the days imposed will resolve that situation. MS. CURLEY: So if I make a motion to accept the stipulation and -- MR. LEFEBVRE: It's not a stipulation. MS. CURLEY: Excuse me. What is -- the agreement? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Recommendation. MS. CURLEY: -- the recommendation and putting in No. 1 120 days or a fine of $100. Then knowing that this is already -- the wheels are already in motion for the fixing of this, that this will only fall into place if need be. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. CURLEY: The trailer won't need to be removed. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. Let me explain this. What would have to happen is $65.01 needs to be paid within 30 days. You have 120 days to come into compliance. Nothing has to move, nothing has to be done. You have 120 days to have it done. If you don't have it done in 120 days, you'd be fined $100 a day until you have it into compliance. Now, for some reason if the county -- and we haven't voted on the motion yet. I'm just explaining what was proposed. If the county has a problem with whatever and it takes more than 120 days, I would suggest that you would come back here and explain that to the Board, February 23, 2017 Page 50 and additional time can be granted. So that's just a clarification of this. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MR. GONZALEZ: Thank you. MR. LOPEZ-SILVERO: Thank you. MS. ADAMS: Next case is No. 5, Tab 6, Case CELU20160016735, Nancy Patterson. MR. LEFEBVRE: Looks like a one-man show. CHAIRMAN KAUFMAN: I don't think these people like you. They don't show up. (The speaker was duly sworn and indicated in the affirmative.) MR. ODOM: Hi. Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is in reference to Case No. CELU20160016735 dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Violation description: Three unpermitted accessory structures present without first having a permitted principal or primary structure, February 23, 2017 Page 51 outside storage of items on an unimproved parcel including, but not limited to, six utility trailers, PVC piping, scaffolding, lumber, concrete blocks, tarp, flower pots, barrels, chairs, table. Located at: No site address; Folio 39837680004. Service was given on November 10th, 2016. I would now like to present case evidence in the following exhibits: Seven photos taken by me and a 2017 aerial of the property. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the -- MR. LAVINSKI: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is this out east? MR. ODOM: This is in the Estates off of 47th East off of Everglades. CHAIRMAN KAUFMAN: Okay. MR. ODOM: And that first picture is taken from the street. If you look straight back, you can see that fence line. To the left of that fence line, that is the unimproved parcel. CHAIRMAN KAUFMAN: Okay. MR. ODOM: And it's 1.12 acres. February 23, 2017 Page 52 The next photo is -- actually, yes. The next round of photos are from the complainant's property onto the unimproved. CHAIRMAN KAUFMAN: Okay. So in other words, to the left of that fence that's there? MR. ODOM: Yes. CHAIRMAN KAUFMAN: So the property is fenced? MR. ODOM: Yes. CHAIRMAN KAUFMAN: Okay. MR. ODOM: Let me go ahead and read my narrative real quick. This case did originate as a complaint by the neighbor on the adjacent parcel. The complaint stated that the unimproved parcel was filled with debris and that many different types of items were being stored there. Next, site visit was made. Photos were taken from complainant's property which revealed several land use violations. Shortly thereafter, a notice of violation was issued. There has been no communication from the property owner at any time during this process. And as of yesterday, February 22nd, 2017, the violation remains. And what I did was just go down the property line and take several photos, and that is one of the accessory structures. There is no electricity on there, so I don't know why there's an air conditioner in there. CHAIRMAN KAUFMAN: It's run by solar panels. MS. CURLEY: Generator. CHAIRMAN KAUFMAN: Now that's behind the fence on the respondent's property; is that correct? MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: Okay. Is the respondent a local person or out of state or -- MR. ODOM: Well, her name is Sherry -- or correction, Nancy February 23, 2017 Page 53 Patterson. I called the property appraiser, I called the lawyer who made the last available deed for this property which relates to Norman Tucker and Nancy Patterson. He had no recollection of writing the deed, and he had no contact information for those people. So in this particular case, I've had a lot of trouble finding anyone. CHAIRMAN KAUFMAN: Can I assume that they pay their taxes? MR. ODOM: Well, it's an interesting situation because a lot of other parcels around -- CHAIRMAN KAUFMAN: Go back to that previous picture, please. MR. ODOM: -- this property are in bankruptcy and foreclosure, and the complainant, who lives next door -- the owner of the unimproved parcel is listed as living where the complainant lives. So it's -- you know, it used to be -- it was a split parcel at one point, and everything around it is in bankruptcy except this one. So I don't think they know they own it. That's my opinion. CHAIRMAN KAUFMAN: Okay. Okay. The reason I asked you to put that picture back up -- is that stuff that's protruding through the fence on somebody else's property? MR. ODOM: Yes. That's from -- that's coming from the respondent's property to the complainant's, yes, sir. CHAIRMAN KAUFMAN: And that property's in bankruptcy? Okay. MS. CURLEY: Is it bankruptcy or foreclosure? MR. ODOM: Well, the complainant's, which is where I was standing taking those photos, that house is not -- doesn't have any issues. That house is being sold, which was why the complaint was made. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Does it look like there was maybe livestock or February 23, 2017 Page 54 something there? Is that, like, a big feed trailer, like, or years ago or -- MR. ODOM: Quite possibly. CHAIRMAN KAUFMAN: Is that barbed wire, the fence? MR. ODOM: Yes, it is. CHAIRMAN KAUFMAN: Okay. Thank you, Kerry. I'm assuming that that trailer that's there has no plates on it or is not registered? MR. ODOM: Not registered, sir. CHAIRMAN KAUFMAN: Okay. Okay. That's the last photo. Okay. Any comments or motion from the Board whether a violation exists? MR. LEFEBVRE: Make a motion a violation exists. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us? MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: Okay. February 23, 2017 Page 55 MR. ODOM: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $64.59 incurred in the prosecution of this case within 30 days and abate all violations by, No. 1, obtaining any required Collier County permits, inspections, and certificate of completion for the removal of the accessory structures within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, removing all unauthorized items currently being stored on the property to a conforming location within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 3, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments from the Board or you want to fill in the blanks? MR. LAVINSKI: Is it true that these accessory structures cannot be permitted because there's no primary structure? MR. ODOM: That is correct, sir. MR. LAVINSKI: Okay. So we're just talking a demolition permit? MR. ODOM: Yes. CHAIRMAN KAUFMAN: Just clear all the stuff off the lot, basically. MR. LAVINSKI: Yep. CHAIRMAN KAUFMAN: Anybody want to take a -- MR. LAVINSKI: Yeah, I'll give it a shot. February 23, 2017 Page 56 I make a motion that the $64.59 be paid within 30 days, and that the permit issue be resolved within 30 days or a $100 fine per day; the removing of the debris in seven days or $100 a day fine. That's my motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Discussion on the motion? MR. LEFEBVRE: I think the fine's too low. I would give a little more time for each of the days. CHAIRMAN KAUFMAN: I understand your comment. It appears that this may be more of a monumental task to find out who the respondent -- other than having a name, where they are than anything else. And I don't know if any more time granted in that will help. I don't know where to go. I mean, how are the taxes paid? Does someone, you know, provide a check or whatnot? I just don't know. But I would recommend that the county, besides this motion and everything, see if they can spend a little investigative time trying to locate Nancy Patterson. Have you tried -- I hate to use the word Google. Have you tried Googling her name? MR. ODOM: Yes, I have. I actually came across three numbers that were all bunk. I tried them, yes, sir. CHAIRMAN KAUFMAN: Okay. Did you have an address on any of the -- MR. ODOM: No, sir. CHAIRMAN KAUFMAN: Okay. Okay. We have a motion. Any more discussion on the motion? (No response.) CHAIRMAN KAUFMAN: You have a two-part motion, as I understand it. Removing all the debris within seven days. February 23, 2017 Page 57 MR. LAVINSKI: Right. CHAIRMAN KAUFMAN: I'm kind of surprised that I haven't heard from our attorney saying that that might be too short a time. Is that a problem? MS. NICOLA: I don't see it as a problem. You guys have granted one day before. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: But the problem is -- MS. NICOLA: So I -- if it's not illegal, I'm not going to comment on it. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: The problem is that all documentation's going to the neighbor who says that this particular person doesn't live there, correct? MR. ODOM: Correct. MR. LEFEBVRE: So the neighbor's going to get the -- MS. CURLEY: Well, the -- MR. LEFEBVRE: -- order. MS. CURLEY: The legal description is the legal description. And you're not mailing it to the property address. There's no mailbox there. MR. ODOM: Correction. I post it on the unimproved parcel, so it's posted there. And everything I've put up there has been there for months, including business card, notice of violation, notice of hearing. CHAIRMAN KAUFMAN: I mean, it looks like -- MS. CURLEY: And it goes to the -- CHAIRMAN KAUFMAN: -- in the seven days you're not going to find the person if you haven't found him by now, and this goes back to November. So in all likelihood, Nancy Patterson will probably not get this information in seven days or probably not even in 30 days if you haven't gotten it in several months. February 23, 2017 Page 58 MS. CURLEY: Well, it goes to the address on the deed, which is a mailing address. It's not even a P.O. Box. It's the same -- Norman Tucker and she lived at the same location when he gave it -- this property to her. And he gave it to her. She did not buy it. MR. ODOM: Quitclaim, yes, ma'am. MS. CURLEY: So... MS. NICOLA: Is Norman Tucker the complainant? Is he the complainant? MR. ODOM: No, ma'am. CHAIRMAN KAUFMAN: It's the neighbor. MS. NICOLA: I don't know why, but the other brain that works outside of this particular hearing was thinking maybe they were married. MS. CURLEY: Well, they were both single at the time. Norman gave it to her, and he declares it as a single man. She's a single woman. MS. NICOLA: Maybe they were dating. It would be a nice gift. MS. CURLEY: I'd venture to say it was father to daughter because they didn't pay any recording tax; zero value. MR. ODOM: I know the complainants from the other -- from the house next door. It's not Norman Tucker. MS. CURLEY: So you post and you mail U.S. mail? MR. ODOM: Yes, ma'am. MS. NICOLA: We could do that in the order. We could -- if you would be amenable to that, we could put it -- that we were going to mail it and post it, that way -- I mean, obviously, we always want to make sure that people get notice, but I think it's an obligation of a property owner to keep their address current, especially when, you know, there's lots of opportunities to do that, and in this case they February 23, 2017 Page 59 obviously have not. MR. ODOM: Okay. Yes, ma'am. MS. NICOLA: Okay. CHAIRMAN KAUFMAN: They'll find out about it if a lien is posted on there, or they won't find out. We don't know. MR. ODOM: We'll keep looking. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Hopefully you can find her. MR. ODOM: Yes. MS. ADAMS: The next case is from No. 6, old business, Letter A, motion for imposition of fines/liens, No. 3, Tab 9, Case CELU20150022253, La Soriana, Incorporated. CHAIRMAN KAUFMAN: How are your fingers doing? Okay? Good morning. Put your name on the mic for the record, please. MR. GIJON: Hugo Gijon. THE COURT REPORTER: Can you spell that? CHAIRMAN KAUFMAN: And you are? MR. GIJON: H-u-g-o, last name G-i-j-o-n. CHAIRMAN KAUFMAN: And you are the representative for? MR. GIJON: Yes. For today, yes. February 23, 2017 Page 60 CHAIRMAN KAUFMAN: You have the permission to speak in their behalf? MR. GIJON: Yes. Yes, I do. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Since we're at this stage, you testify first. MR. GIJON: Yes, sir. The parking lot was an overflow parking lot, is pretty much complete. We put in for the CO last week. Unfortunately, with the rain that we got earlier this week, there was a lot of standing water. And it was, unfortunately, the same day as we had the inspectors come out, so it wasn't approved. So, you know, today we're just coming to see if we can get some time, 90 days, so that we can fix the little few problems that we have and get the CO. CHAIRMAN KAUFMAN: If you were all ready to get this all done this week, why would you need three months? MR. GIJON: Well, we've got to fix a few of the problems, that was standing water. I don't think it's going to be as -- like, you know, me just going and doing a few things. I've got to get the people that I contracted to do the work to finish it correctly because what it is is the standing water on the sidewalk, and it's not draining properly through the pipes. So that's one issue, and then also the sod that we put in needs to be sloped a little better, so we've got to get that corrected as well. But, you know, I would settle for 30 or 60 days. CHAIRMAN KAUFMAN: Okay. My question is, this case came before us in October of 2016. October, November, December, January, February, about four months ago. In the four months, can you tell the Board what's been done? MR. GIJON: Yes, sir. We've paved the parking lot. We did the driveway. We put in all the sidewalk structures that was requested February 23, 2017 Page 61 by the county. We've done everything that we've been asked to do. It's just that now we have just a few minor details that we have to iron out before we can finish it out. But everything -- I mean, it's a parking lot. You know, if you drive by it, you would see it as a parking lot. It's just, you know -- CHAIRMAN KAUFMAN: Is anybody parking on the parking lot now? MR. GIJON: Yes. Yes. MR. ASHTON: They're using on it. CHAIRMAN KAUFMAN: Because that was the -- that was the original violation. I'm reading here it says that it was in the rejection status, is that correct, on the permit? MR. GIJON: I believe so, yes. CHAIRMAN KAUFMAN: So -- MR. GIJON: And then, you know, we asked the engineer to come today but, you know, he wasn't available because he was on another call. But we have the engineer who has been working on it, and he was out there just last week, and he said that everything looked good to him, so that's why we called in the CO, but... CHAIRMAN KAUFMAN: Can you tell what it was rejected for? MR. GIJON: I believe it's what I was referring to. There was some slopes that weren't done correctly with the drainage, things of that nature. CHAIRMAN KAUFMAN: And you paved on top of that? MR. GIJON: No. Well, whatever we paved on top of was done. It's the water standing on top of the pavement. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Number 2 of the stipulated agreement, which was from a hearing in May of 2016, states: Abate all violations by ceasing and desisting all prohibited use for overflow parking on February 23, 2017 Page 62 unimproved property within one day of this hearing, or a fine of $100 a day will be imposed until the violation is abated. It's not been abated yet, and now you're coming to us to say that you're using that parking -- that lot for parking. MR. GIJON: Well, we're not using it. It's people that park there. MR. LEFEBVRE: That go to your establishment? MR. GIJON: Actually, part of that is yes, but part of that is no. CHAIRMAN KAUFMAN: Do you have a sign there that says "no parking"? MR. GIJON: Yes. CHAIRMAN KAUFMAN: And people park there anyhow? MR. GIJON: Yes. CHAIRMAN KAUFMAN: The way to resolve that -- MR. ASHTON: Block the driveway. CHAIRMAN KAUFMAN: Well, you put a sign up "you'll be towed," you contact one of the towing companies -- I've done this -- and anybody parks there, they get towed away, and they have to go to the -- I mean, it's very simple to fix. And when you put that sign up, it generally stops the no parking. It did in the case that I had, but that's another story. So any other comments from the Board? (No response.) MR. GIJON: And like I said, you know, we were hoping to be done with this a long time ago, but it's not an easy project, you know what I mean? And we have been working tirelessly to try and get it complete because it's to our best interest, you know, because it is how we make our money there on weekends, so it's in our best interest to get it done. CHAIRMAN KAUFMAN: How big a lot is this? MR. GIJON: It has about 20 parking spots. February 23, 2017 Page 63 CHAIRMAN KAUFMAN: That's it? MR. GIJON: That's it. Yeah, it's a small -- you know, it's -- CHAIRMAN KAUFMAN: Then why is it so complicated? MS. CURLEY: Drainage. CHAIRMAN KAUFMAN: Yeah. MR. GIJON: Because of the requirements that the county required us to put in. It's -- you're right, I would think it's easy as well, you know. That's why we were doing it, but it's not as easy as it -- as we thought. MR. LOPEZ-SILVERO: If I may? If I may? MS. CURLEY: Yes. MR. LOPEZ-SILVERO: They had to add as part of the requirements for the overflow parking a retention -- water retention area. They also had to put up a buffer, because it's residential adjacent to that lot. But I have verified a -- they have asphalted the whole parking lot striped, parking bumps, driveways. CHAIRMAN KAUFMAN: How about the buffer? MR. GIJON: The buffer wall is up. CHAIRMAN KAUFMAN: Okay. So it's just all been done except for whatever the original permit was rejected for? That's why it was in rejected status. It's probably water, standing water on it? MR. LOPEZ-SILVERO: Yes. And they also have, as per one of their pending permits, a conveyance of utilities with engineering services, so that's pending on that permit. CHAIRMAN KAUFMAN: What's that mean? MR. LOPEZ-SILVERO: It would be part of drainage. Most likely drainage related. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Has your contractor been back out there since the permit has been rejected to see what corrections need to be made? MR. GIJON: Yes. February 23, 2017 Page 64 MR. LEFEBVRE: What was his estimate of time to make the corrections? MR. GIJON: He said it could take anywhere -- because it depends on -- we have to get the people to come in and clear the pipes now, so he said anywhere between 20 to 30 days. CHAIRMAN KAUFMAN: Well, we're in the position right now that we can grant a continuance, or we can impose the fine. So I leave that to the Board's discretion. MR. LEFEBVRE: I make a motion that we grant a continuance. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: Hold on. MR. LEFEBVRE: We've got to tell what time; 60 days, but I probably would not be giving any more time. That would be my -- MR. GIJON: I think that would work for us, absolutely. MR. LEFEBVRE: So it's -- MS. CURLEY: I second. MR. LEFEBVRE: -- inherent of you to put pressure on your contractors. MR. GIJON: Yes, sir. 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? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? February 23, 2017 Page 65 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. LEFEBVRE: The other thing we didn't address is the parking. But that lot is not to be used -- MR. GIJON: Okay. MR. LEFEBVRE: -- per this order, so... CHAIRMAN KAUFMAN: Put a tape across where people are pulling in or -- MR. GIJON: Yes. CHAIRMAN KAUFMAN: -- speed bumps or -- MS. CURLEY: Put a sign up that says $150 an hour to park. CHAIRMAN KAUFMAN: Yeah. Why don't you just charge for the parking. I think that's an excellent idea. That will keep people away. MS. CURLEY: Then you could charge five in a couple months. MR. GIJON: Thank you. MR. LOPEZ-SILVERO: We're done? CHAIRMAN KAUFMAN: We're done. Thank you. MR. LOPEZ-SILVERO: Thank you. Have a great day. MR. GIJON: Thank you, guys. MS. ADAMS: The next case is No. 4, Tab 10, Case CESD20160000728, Pedro A. Tur and Bexaida A. Carralero. CHAIRMAN KAUFMAN: And our court reporter is okay? THE COURT REPORTER: I could use a break after this one. CHAIRMAN KAUFMAN: After this one we'll take a break. Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for the record. MS. CARRALERO: Bexaida Carralero. CHAIRMAN KAUFMAN: Excuse me? Move the microphone February 23, 2017 Page 66 so it's easier for you. MS. CARRALERO: Bexaida Carralero. CHAIRMAN KAUFMAN: Okay. And? MR. TUR: Pedro Tur. CHAIRMAN KAUFMAN: Okay. So we are in a position now to either impose the fines or something else. Are you requesting something? MS. CARRALERO: I speak. Unfortunately, we misunderstand the first time we have been here, because we back and forth with a decision to deny the permit we had before. We have permit one time 2005 or '6; I forgot about it. We got the permit, and the second permit, two or three years ago; that decision deny that situation. And we have to remove all -- that was what we understand, to remove the canopy. The one we started the permit, all this kind of stuff, and we went to the county office, cancel other permit, and the inspector went to our homes and say everything is okay. So we thought everything was done. We're back to the office. And the office told us we receive our money back for the permit because we're never have to build what we supposed to do. And after one or two weeks, we received a letter we have to come back here. We don't know about that situation. Last week we send an email to hear what we supposed to bring here, but we don't know. CHAIRMAN KAUFMAN: Let me -- I am not, in my vast memory, recalling this particular case. Michele, could you give us a little summary of what this was originally, and we can -- MS. McGONAGLE: This actually has been an ongoing issue since about 2007 with this property. It started out that they built a covered lanai area without a permit. They ended up -- it was a code February 23, 2017 Page 67 case. They ended up getting that permit, everything was CO'ed. Then they applied for another permit to -- I believe it was to add a bathroom, do some changes to the house, as well as enclose the lanai. The association denied that, so that's apparently why they got the money back from the permit because they didn't do those interior changes. However, throughout those years, between 2007 and now, they have continually added canopies to the sides of the lanai. At times they've put up boards. They've added plumbing and electric to the lanai. This has been ongoing code issues. Code cases were opened. They addressed the violations, they abated the violations, removed all the things; case was closed. Six months to a year later, we got another complaint. So this is -- like I said, this has been an ongoing issue. Fast forward to today, they had gotten that other permit canceled because they didn't have the interior things done; however, the -- when we came to the Board, they were ordered to return the lanai to the original permitted state. There is no electronic, no water in that original permit. When the inspector -- the building inspector had gone out, he believed that he was just checking for the enclosure, and all the walls and everything had been removed. None of the plumbing had been removed. That was brought to the building official's attention that not all the correct inspections were performed, so the certificate of completion was then revoked. They were notified -- and this was -- I believe it was in November. And their compliance date was October 26th of 2016. They got a permit extension because it had expired, and that was granted on October 26th on their compliance date. CHAIRMAN KAUFMAN: Extended for? MS. McGONAGLE: Because the permit had expired. February 23, 2017 Page 68 CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: So they paid for an extension to bring it so that it was current. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: But once that was revoked, they were verified that the permit had been -- or the certificate of completion had been revoked, and the unpermitted electric and plumbing needed to be removed. And December 21st was the last contact that I have had with them. I've been contacting their daughter. We've been communicating because of the language barrier. The last time I talked to her was December 21st until I posted the notice of hearing a couple weeks ago, and then I got the email asking what was going on. CHAIRMAN KAUFMAN: Okay. When you said the changes made to the lanai, there's an association there that -- MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: So they're violating the association's rules? MS. McGONAGLE: I don't know what their association rules are. I just know that their original request to enclose their front porch and enclose the rear lanai had been denied by the association. CHAIRMAN KAUFMAN: I'm surprised that the association hasn't gone forward with violations on their own regard. Okay. So basically what you're saying is the permit today is not in compliance because there's electrical and plumbing that has not been restored; is that correct? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. So to make this -- now I understand a little bit better. Those are the two items. Your electrical is still there, I'm assuming, and the plumbing is still there. MS. CARRALERO: It's a little box, electric box. Like a tiki February 23, 2017 Page 69 (sic) valve or something. I forgot how you say that in English. CHAIRMAN KAUFMAN: Hold on. Danny, can you help us? Swear Danny in. (Danny Blanco, the interpreter, was duly sworn to translate from English to Spanish and Spanish to English to the best of his ability.) THE INTERPRETER: She says there's an electric box that was on the lanai before she did all the permits. It's been there for a while, and then she has, like, a disposable dishwasher on -- that you can move around, I guess, on the lanai. CHAIRMAN KAUFMAN: And where does the water go from the -- THE INTERPRETER: It goes to the main house. CHAIRMAN KAUFMAN: Through a pipe? THE INTERPRETER: Through a pipe, yes. CHAIRMAN KAUFMAN: Okay. That's, I think, what the officer has said, that the plumbing that's there now needs to be removed. So that would be the pipe. THE INTERPRETER: She's saying that the way her association works is that they require you to get county permits and go through the county, and then they decide whether you're allowed to have whatever it is that you want to do on the property. CHAIRMAN KAUFMAN: That's correct. And what the county is saying is that when the plumbing was put in and the electrical was put in, that it wasn't sufficient, so it was requested that the lanai be returned to its original condition, which is no electric, no plumbing. THE INTERPRETER: Okay. She thought that the only thing they had to do was to take out some ceiling fans they had on the lanai, but she's saying that they've taken everything away. CHAIRMAN KAUFMAN: The dishwasher that's there, does that plug in? THE INTERPRETER: She did not -- she wasn't aware that they February 23, 2017 Page 70 had to get rid of that, so she's going to do that. MS. CURLEY: So any power and anything with water. CHAIRMAN KAUFMAN: Okay. I think I understand the situation, I think you understand the situation, and now the respondents understand the situation. Okay. MS. McGONAGLE: I also have pictures that I had taken in November that I showed them prior to coming in here and explained to them, with the pictures and everything, exactly what needed to be done. Even before this hearing, I have a picture of the original lanai from the code case back in 2007, and I had given this to them right after our hearing when the order was first issued, and showed them this picture. This is what this needs to look like. And I have those pictures. If you would like to see them, I can display them. CHAIRMAN KAUFMAN: I think so. Why don't you show -- we're not going to rehear the case, but this is new information. We'll do anything that we can to understand the situation better. Ask -- Danny, ask if they have any objection to us seeing the pictures that Michele had shown them in the past. THE INTERPRETER: No. CHAIRMAN KAUFMAN: Okay. Can I get a motion to accept the -- MR. LAVINSKI: Motion to accept. MR. DOINO: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. February 23, 2017 Page 71 MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Yeah, you have seen the pictures before? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: There's a total of seven pictures. This is how the lanai looked back in 2007. CHAIRMAN KAUFMAN: What's the writing up on top? 2007, okay. MR. LEFEBVRE: And that was permitted, correct? MS. McGONAGLE: Yes, yes. That's its original permitted state. CHAIRMAN KAUFMAN: Is that the request by the building folks to restore to this condition? MS. McGONAGLE: Yes. The order stated to return to original permitted state. CHAIRMAN KAUFMAN: Okay, fine. MS. McGONAGLE: That's an outlet that was kind of installed up in -- that's the rafters. CHAIRMAN KAUFMAN: Okay. That's where the ceiling fan was probably plugged into originally? MS. McGONAGLE: Well, it looks like -- it's a junction box that they just have miscellaneous cords plugged into it. CHAIRMAN KAUFMAN: Right. Okay. Let me ask while we're here, Danny, is this the condition that it's in right now? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: Okay. Next picture. Okay. And February 23, 2017 Page 72 the -- MS. McGONAGLE: That's the electrical box, one of them, that has been installed. CHAIRMAN KAUFMAN: Without a permit? MS. McGONAGLE: Correct. Is that box on the wall still there? MR. TUR: Yes, sir. MS. CURLEY: When was that installed? THE INTERPRETER: 2007 when they pulled the permits for the original design, the lanai. CHAIRMAN KAUFMAN: They pulled the permits but they didn't -- did they specify that these boxes were going to go in? THE INTERPRETER: They don't remember. CHAIRMAN KAUFMAN: Okay. Next picture. MR. LEFEBVRE: Wouldn't the original application to the county say electrical, too? MS. McGONAGLE: Yes. MR. LEFEBVRE: And it doesn't? MS. McGONAGLE: It does not. MR. DOINO: All right. Great. CHAIRMAN KAUFMAN: These are two pictures? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: I was wondering. It's an exercise for my neck. Okay. So the top is showing the ceiling there. MS. McGONAGLE: Trying to save paper. CHAIRMAN KAUFMAN: Okay. Okay. MS. McGONAGLE: This was just showing some of the electric up here on the ceiling. They have a TV right here. The second picture -- it's kind of hard to see because of the lighting, but there is a sink right here, and that's where all the plumbing is. CHAIRMAN KAUFMAN: Okay. February 23, 2017 Page 73 MR. LEFEBVRE: Is that the condition that it is -- CHAIRMAN KAUFMAN: Is that the condition it is today? THE INTERPRETER: Yes. MS. McGONAGLE: I'm not sure if I did say these were taken on November 16th, 2016. CHAIRMAN KAUFMAN: And you explained at that time that this has to go back to the condition of the first picture? MS. McGONAGLE: Yes. And I gave them that picture of the lanai from the original permit. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: This is just looking sideways into the lanai. You can see the side of the refrigerator here, and then this picture's looking straight on. This is the refrigerator. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: There's the refrigerator. CHAIRMAN KAUFMAN: I actually think -- do you have any more pictures? MS. McGONAGLE: That's it. CHAIRMAN KAUFMAN: I think we -- obviously, this was not done. The pictures were provided in November. So we're not going to rehear the case. It was a violation then. It's a violation now. Nothing has been done whatsoever to resolve this situation; is that correct? MS. McGONAGLE: They have tried to resolve it, but they didn't remove -- they removed the enclosure part of it, but they have not removed the electric and the plumbing. CHAIRMAN KAUFMAN: Okay. That was explained? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. THE INTERPRETER: They're saying that the TV shown in the pictures is not connected to the electric box on the lanai. It's February 23, 2017 Page 74 connected to a power outlet on the main house. CHAIRMAN KAUFMAN: The pictures of the outlet in the ceiling is electrical. THE INTERPRETER: She said that she didn't know she had to take the electric box itself out because an inspector came to her property and told her she had to remove the ceilings. At no point did he mention to her, according to her, that they had to remove the electric box. CHAIRMAN KAUFMAN: Okay. Do they recall speaking with the investigator about what needed to be done? THE INTERPRETER: She's saying that because of the communication barrier, she hasn't been able to communicate with the investigator and that her daughter supposedly sent her, the investigator, an email and a phone call and called her and never received a response. CHAIRMAN KAUFMAN: Did she receive the photo from the inspector of what needed to be done? THE INTERPRETER: She said she received the pictures, but she didn't know what to do with the pictures. There was no instructions included with the pictures as to what she needed to do. CHAIRMAN KAUFMAN: Okay. Now, your explanation to them? Did they understand what was going on? MS. McGONAGLE: I had talked to their daughter. This was back in October or November when I had talked to their daughter and told her I had a picture of the original lanai and told her I would take it to the house, and she asked that I did that, and she would let her parents know that that's what had to happen. I also offered to meet them on property and show them exactly what needed to be removed or permitted so that they were in compliance. Their daughter had sent an email right before the holidays giving me dates that she was available. I left her a voice mail telling her when I could meet her, and I never heard back from her. February 23, 2017 Page 75 Again, it wasn't until I posted the notice -- this notice a couple weeks ago. CHAIRMAN KAUFMAN: Comments from the Board? MR. LAVINSKI: I don't feel that there's really been any action to get this thing up to code. So I'd like to make a motion we impose the fine. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. It's imposed. MS. McGONAGLE: Would you like me to read the order? CHAIRMAN KAUFMAN: Please. MS. McGONAGLE: This is for a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 271 Leawood Circle, Naples, Florida; Folio 54670001061. Description: Permit PRBD20120409082, expired without February 23, 2017 Page 76 obtaining a certificate of completion. Past orders: On July 28th, 2016, 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, OR5301, Page 953, for more information. The violation has not been abated as of February 23rd, 2017. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from October 27th, 2016, to February 23rd, 2017, 120 days, for a total fine amount of $24,000. Fines continue to accrue. Previously assessed operational costs of 65.01 have been paid. Operational costs for today's hearing, $62.91. Total amount to date is $24,062.91. CHAIRMAN KAUFMAN: Okay. Let me give you my suggestion, and my suggestion is that you get everything into compliance and appeal our decision to the county commissioners. THE INTERPRETER: What's the fine amount that's been imposed? CHAIRMAN KAUFMAN: It's $24,060.91. MS. McGONAGLE: Just so she understands, so that they understand -- I did explain this to them outside -- that the fines will continue, $200 for every day that this remains in violation. THE INTERPRETER: She doesn't understand the process of how she can appeal to the Board of County Commissioners. CHAIRMAN KAUFMAN: I think Michele will speak to them out in the hall and explain it. But I will tell you, the first thing that you want to do is to get into compliance. Get rid of the electrical and the plumbing issue, and then I'm sure that they will be very sympathetic if you would go to the county, and Michele will help you. THE INTERPRETER: He's saying that he's going to take all the February 23, 2017 Page 77 electric and all the plumbing out today. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And call her tomorrow. MS. McGONAGLE: We'll talk out in the hall. CHAIRMAN KAUFMAN: They'll talk out in the hall. THE INTERPRETER: They're saying that they called her several times, and she never responds to their voice mails. MR. LAVINSKI: Danny, if you could, let them know that my concern is that where that's an open lanai and those wires are kind of scary, there could be some serious safety issues there. MS. CURLEY: There is safety, and there's liability extended. CHAIRMAN KAUFMAN: We're going to take a break now. Okay. Why don't you guys meet out in the hall, and we are going to take a short break; 10 minutes. Thank you. (A brief recess was had.) CHAIRMAN KAUFMAN: Code Enforcement is back in order, which brings us to... MS. ADAMS: The next case is No. 7, Tab 13, Case CESD20150013679, Lin Lin Wang. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Give us your name on the microphone. MS. WANG: Yes, Lin Lin Wang. CHAIRMAN KAUFMAN: Okay. And you are here to... MS. WANG: I'm finish. I complete everything. Thank you, God. CHAIRMAN KAUFMAN: Okay. Everything I see is abated. And you are here to ask the Code Enforcement Board for something? MS. WANG: They try to give me fine, all right. CHAIRMAN KAUFMAN: They should know better. MS. WANG: And I try to tell you what I need to do -- what I February 23, 2017 Page 78 done before. I try the best I do to ask you for zero. CHAIRMAN KAUFMAN: So you're looking for -- starts with the Letter A; abatement. MR. LEFEBVRE: She pretty much said it. CHAIRMAN KAUFMAN: Abatement. MR. LEFEBVRE: She pretty much said it. CHAIRMAN KAUFMAN: Okay. MS. WANG: I do abatement. CHAIRMAN KAUFMAN: I see you're in compliance. Any comments from the Board? MR. LEFEBVRE: Make a motion to abate. MR. DOINO: Second. MR. L'ESPERANCE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second to abate the fine. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. WANG: Thank you. Thank you, you guys, for your help. MR. L'ESPERANCE: Now you've got zero. MS. ADAMS: The next case is No. 8, Tab 14, Case CESD20150015459, Frances Poole. February 23, 2017 Page 79 CHAIRMAN KAUFMAN: What tab number? MR. LEFEBVRE: Fourteen. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic so we -- MS. STUCKY: Yes, sir. I'm Deborah Stucky, and I am representing my mother, Frances Poole. CHAIRMAN KAUFMAN: Okay. And you have her permission to represent her? MS. STUCKY: Yes, sir, I do. CHAIRMAN KAUFMAN: Okay. MS. STUCKY: We had -- we were here last time. We are still trying to get our permit, and we had some corrections. We have since taken care of them. They have been submitted to the corrections department, Vicky Scott, and she tells me tomorrow we will hopefully have our permit. CHAIRMAN KAUFMAN: Okay. There's -- work has to be done after the permit -- I'm just looking here -- or is that going to be the end of this case? MS. STUCKY: No, we will -- well, we still need to get a final inspection for the addition. MR. FORD: If I may? MS. STUCKY: It's small. CHAIRMAN KAUFMAN: Okay. MR. GONZALEZ: They are working towards getting the permit. It was rejected, I guess, FEMA, so they had to have an engineer come in, make those corrections while they're getting the permit. I believe once the permit's issued, there's not going to be a whole lot of work to be done at all, just inspections and CO's. That's how I understood it. CHAIRMAN KAUFMAN: How long do you think? February 23, 2017 Page 80 MR. FORD: Well, if the permit's issued tomorrow, they can start calling in the inspections the next week. So I would believe by the next board meeting. MR. LEFEBVRE: I make a motion to continue it for 60 days. MR. L'ESPERANCE: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to continue this for 60 days. Hopefully that should do it, and -- MR. LEFEBVRE: Or the other option is just to pull it from the agenda. CHAIRMAN KAUFMAN: No, I think you did it right. Okay. All righty. We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. STUCKY: Thank you. MS. ADAMS: The next case is No. 9, Tab 15, Case CESD20160009711, Artur Muszynski. CHAIRMAN KAUFMAN: Tab 15. (The speakers were duly sworn and indicated in the affirmative.) THE COURT REPORTER: Can you state your name. MR. RICCIARDELLI: Robert Ricciardelli. February 23, 2017 Page 81 CHAIRMAN KAUFMAN: Okay. And you've been before us before. State your name on the mic so -- MR. RICCIARDELLI: Robert Ricciardelli. CHAIRMAN KAUFMAN: And you're here representing? MR. RICCIARDELLI: The homeowner. CHAIRMAN KAUFMAN: Artur? MR. RICCIARDELLI: I'm not sure how to say his last name exactly. CHAIRMAN KAUFMAN: None of us are sure. Muszynski. Is that close? MR. SHORT: Sounds good. I would ask Kerry. She's pretty good at pronouncing them. CHAIRMAN KAUFMAN: Okay. This was unpermitted electrical, plumbing, mechanical, structural, et cetera. And you are here to? MR. RICCIARDELLI: Yeah. My company, we're engineers and contractors, and I contracted with the homeowner. I came in roughly three months ago, and we stipulated. This was a job that I took with the understanding that there was a certain amount of work that had to be done. And we are in for permitting. There's two small corrections. The issues are that the actual work that's going to have to be done to make it meet requirements of FEMA, et cetera, et cetera, et cetera, is a much larger scope than what I had originally thought. The reason that it is a much larger scope -- and I didn't understand the actual scope in the beginning -- is because there were no available records for the house whatsoever, and we actually had to go in, measure the house. There was nothing available at Collier County in records. And then because it was in a flood zone, we then had to have surveyors do elevation certificates and surveys, and by the time we got February 23, 2017 Page 82 this in for permitting after all that work was done, we just got to a point where I knew there wasn't going to be any way that the work that had to be done could be finished in time. So we just decided to wait for this meeting and ask for more time to get the actual work done. CHAIRMAN KAUFMAN: How much time are you looking for on this? You have a notice -- MR. SHORT: Mr. Chair, if you recall, you heard this case this morning as a continuance. CHAIRMAN KAUFMAN: Right. And I'm looking at the letter requesting -- MS. CURLEY: We denied the continuance. CHAIRMAN KAUFMAN: That's right. That's why we're hearing it now, okay? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: We hadn't heard from the respondent or the respondent's representative at that time. We're hearing now. So -- MR. RICCIARDELLI: I apologize. I was running a little late. I haven't been feeling well. CHAIRMAN KAUFMAN: That's okay. You got to wait a little bit more, that's all. MR. RICCIARDELLI: Yes, sir. CHAIRMAN KAUFMAN: How much time do you think you need to complete this thing? MR. RICCIARDELLI: Well, you know, it's kind of an interesting case because there's a lot more things that were not on the actual complaints that are going to have to be taken care of to be able to get to the things on the complaints. CHAIRMAN KAUFMAN: Refresh my memory, if you would. It says, unpermitted electrical, plumbing, mechanical, and structural alterations. Is -- the structural alterations, is that the big hangup? February 23, 2017 Page 83 MR. RICCIARDELLI: This is a house where there was a carport, and the carport is at your typical garage level below regular grade, and someone in the past has enclosed it. The homeowner, according to my understanding, when he bought it, part of his due diligence, he asked for somebody from the county to investigate if there were any issues with the house. And at that time he was told there were absolutely zero issues, and he bought the house. And then, come to find out, there's more wrong with the house than there is right with the house. There is ways that we can keep what has been built, but we're talking about exchanging materials and walls for flood proof materials, you know, and on and on and on, through FEMA, and it sounds like this is what the homeowner wants to do, because he doesn't want to turn it back into a carport. But it's just so much bigger scope than originally what would have been add a door and remove a kitchen, basically, is what the original major issues were. CHAIRMAN KAUFMAN: In the carport, what was built? A kitchen? MR. RICCIARDELLI: It's like a rented -- there's two separate people living in there, and it's a separate rented rental apartment, I guess, for lack of better words. CHAIRMAN KAUFMAN: So it's occupied. It's not -- MR. RICCIARDELLI: The last that I was there, it was occupied. CHAIRMAN KAUFMAN: It's occupied, it's not permitted, it's not been inspected, and there's electrical and plumbing in it? MR. RICCIARDELLI: Yes, sir. CHAIRMAN KAUFMAN: That's a problem. MR. RICCIARDELLI: Yes, sir. MS. CURLEY: And there's neighbors that are, you know, reaping the benefits of this. February 23, 2017 Page 84 CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. LEFEBVRE: This property is zoned for single-family, correct? MR. RICCIARDELLI: Yes, sir. MR. LEFEBVRE: So then -- CHAIRMAN KAUFMAN: They're in violation right there. MR. LEFEBVRE: Multifamily use is not -- MR. RICCIARDELLI: And the owner has started the steps in removing the tenant, but he hasn't been very successful. And compounding this, he also lives in Texas. MR. LEFEBVRE: Yeah. We -- I think in the letter it states that; his email. MR. LAVINSKI: So he's not that concerned with it. MR. RICCIARDELLI: No, he's very concerned. In fact, I probably receive between five and 10 emails from him a day. MS. CURLEY: She states that she's paid you $2,600. Is that going to take care of all the necessary things in order to get this repaired? MR. RICCIARDELLI: I believe it's mister whatever that last name was. Yes, he has paid my company to prepare records of what is existing, surveyor -- surveys, elevation certificates, and what will ultimately be permit by affidavit. CHAIRMAN KAUFMAN: Okay. This was initially brought up in October of 2016? MR. RICCIARDELLI: Yes, sir. CHAIRMAN KAUFMAN: I'll speak for myself now. At the very least, there should not be another tenant living in there. It shouldn't take that long or, if it does, then I'd like to see the order from -- to get those folks out of there. So I am not sympathetic to granting anything on this, personally. February 23, 2017 Page 85 Any other questions from the Board? MR. LAVINSKI: No. I'd like to hear from the -- CHAIRMAN KAUFMAN: You want to hear from the people from -- the neighbors. Okay. Why don't you come up and -- MR. WEIR: I just had one more quick thing that a little upset me about his comment that -- MR. LEFEBVRE: You're going to need to -- CHAIRMAN KAUFMAN: Yeah. We need to swear you in again. It rubs off when you sit in those seats out there. (The speakers were duly sworn and indicated in the affirmative.) MR. WEIR: Tom Weir. The fact that he's saying that the owner cares, when this was first going on, we contacted the owner and spoke to him directly multiple times to tell him what was going on in case maybe he didn't know and maybe he did care, but this has been going on a long time, and he seems to simply care about collecting what he can collect, and that's it, and his rent. And this neighborhood is -- I mean, it's literally a mile from 5th Avenue. It's very close to schools, churches. The fact that this is going on is just -- MS. CURLEY: How long has it been going on in your -- MR. WEIR: Since he bought the house. MS. CURLEY: I don't know that date. Several years? MR. WEIR: When was that? A few years at least. It's taken a long time to go through the normal process to be able to prove that he's leasing it out to two different people because it was hard to prove. I guess they finally got somebody in there that let Code Enforcement in to see what was going on, but that's it. CHAIRMAN KAUFMAN: Okay. Patti? MS. COHEN: The only thing that I'd like to add is pretty much what Tom said; the owner really doesn't care. And not only is he February 23, 2017 Page 86 using it for multifamily use, it's just a terrible, terrible eyesore. And, you know, he doesn't care. It hasn't been cleaned up. He obviously had someone here in October, and nothing really has been done. So that's all I have to say. CHAIRMAN KAUFMAN: Okay. Eric, do you have any comments on the situation? MR. SHORT: I will tell you I have seen email correspondence between Mr. Ricciardelli and the property owner, the property owner almost losing faith in Mr. Ricciardelli. I know he's busy, and he's been working on this. I can't describe the owner's character other than I've seen the correspondence, and I've seen some concern. MS. CURLEY: I have a question. I'm confused about what he stated, that they wanted to petition FEMA and make it a -- keep the carport and do something other than repair it back to its normal. Are you aware of that? MR. SHORT: Yeah. A correction letter was sent out. I'll let him speak to that, but there's an elevation issue in certain aspects of the home, and there's ways to go about getting that to FEMA. MS. CURLEY: And while -- so I guess -- I heard what he said, but my question is, so while somebody does that, it almost seems like it's a -- it gives a free range to delay so you don't have to take action on your -- on the problem which, you know, the county is addressing right now, so... CHAIRMAN KAUFMAN: Okay. You wanted to say something? MR. RICCIARDELLI: Yes, sir. Do I need to be re-sworn? CHAIRMAN KAUFMAN: No. It doesn't rub off that fast. MR. RICCIARDELLI: Just a couple things. You know, it hasn't been that long that there has actually been flood maps for FEMA, and they have recently changed. And some places get lower, some places get higher as far as the height that you have to build your February 23, 2017 Page 87 new house to. MS. CURLEY: I completely understand the FEMA maps and the overlay maps. MR. RICCIARDELLI: Yes, ma'am. So when this house was built, it met all the criteria. Where the mistake was made was somebody in the past, not this homeowner, built this structure, and it is below the required flood height. Now, the owner is wrong in that he's rented this out. But my argument here is that before he bought it, in his diligence, in doing his due diligence, he did have somebody from Collier County state that there were no issues whatsoever with what he was buying. CHAIRMAN KAUFMAN: Let me just stop you one second. MS. CURLEY: We don't have that evidence. CHAIRMAN KAUFMAN: No. What they do is a permit search, am I correct, Eric, when they search the property? MR. SHORT: I'm not sure if a title search was done or what due diligence. CHAIRMAN KAUFMAN: Well, typically that's what it is. But they don't actually -- when I request of the county to see if there are any violations or unpermitted things -- Jeff, you want to talk to that a bit? MR. LETOURNEAU: Well, they look into old code cases and any permits that might have been issued and weren't CO'ed at the time, but we certainly don't look into property elevations. CHAIRMAN KAUFMAN: Okay. So it's not a case of -- that the county said everything is fine. They didn't even go to the house. MR. RICCIARDELLI: Yes, they did. MS. CURLEY: I didn't really need to hear this over again. I understood everything that you said, but my point was that when you said that, you know, it should -- you originally thought you were hired to restore this back to a carport and now that's not the information February 23, 2017 Page 88 you're getting from the owner of the property, and then you stated that it's going -- it's a lot longer to deal with FEMA and flood zone maps to do what he wants to do by not converting it back. He obviously wants more real estate. I understand that. But that's why my question to the county is, well, it's nice that he might want that, but it's disrespectful to the county and to you and to the neighbors to extend this, you know, long period of him wanting all these things when I think the violation exists that you have a carport that's been turned into a living structure, and that's it. So I don't know that what you say -- you know, the asking for a longer extension so you guys can do a lot more due diligence and provide this owner of this property with a better piece of real estate really isn't what I'm concerned with right now. CHAIRMAN KAUFMAN: My concern is under the description of the violation, the last couple of words, "multi-family use." So without getting into elevations and FEMA and all the rest of that, they were notified -- the owner of the property was notified in October that it did not support multifamily, and that's my concern. MS. CURLEY: So we have water; we have electricity; we have people living there. We don't know the age of the people living there, so you have dangerous situations that extends the county for permitting it. CHAIRMAN KAUFMAN: Well, if you have more than one family, I don't need to know how old they are, just that it's another family. Any other questions from the Board? MR. RICCIARDELLI: May I add a couple things? CHAIRMAN KAUFMAN: Sure. MR. RICCIARDELLI: The issue is not whether it's below flood or not. The issue is that the scope of work, because of what was found after he bought the property, it caused a lot more work that took February 23, 2017 Page 89 a lot more time to be done to get to this point. I mean -- MS. CURLEY: That's true, but everybody's allowed to hire a home inspector and have that done at the time of the real estate closing, and most realtors, even in a foreclosure situation, would recommend that, especially to a home built in the '50s like this one probably is. MR. RICCIARDELLI: Yes, ma'am, but he specifically had a Collier County -- I don't know the right word for what she does, but she came and investigated the house. MS. CURLEY: That's not -- MR. RICCIARDELLI: She went to the actual property; am I correct? MR. SHORT: There was a previous case that talked about a variance issue with the overhang of the carport where that aspect was taken care of. CHAIRMAN KAUFMAN: That was a code case. MR. SHORT: Yes. CHAIRMAN KAUFMAN: Okay. MR. RICCIARDELLI: But that's -- it involved -- that code case involved this actual structure. And he said, I'm not going to buy this if there's an issue, and she said, as far as I know, there are no issues. MR. LEFEBVRE: I think we're reading into this way too -- MS. CURLEY: That's hearsay. MR. LEFEBVRE: I think we're reading into this way too deep. The stipulated agreement -- and based on your experience -- are you an engineer or not? MR. RICCIARDELLI: My company is a state-certified registered engineering -- we provide engineering services. I am not an engineer. MR. LEFEBVRE: They hired your company. MR. RICCIARDELLI: Yes, sir. MR. LEFEBVRE: And you signed a stipulated agreement on February 23, 2017 Page 90 their behalf. MR. RICCIARDELLI: Yes, sir. MR. LEFEBVRE: You should have investigated what needs to be done to accurately tell the owners how long it's going to take. When you signed this agreement, you signed it stating that it would be completed in 90 days. It's not our fault that you underestimated the scope of the work, and now you're coming back to us at the -- and this was back in July, and there's still tenants in there. I make a motion that we deny any kind of continuance. CHAIRMAN KAUFMAN: You make a motion that we impose the fine? MR. LEFEBVRE: Make a motion to impose the fine. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ASHTON: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MS. CURLEY: Can we add to the motion that the county work with the -- to remove the illegal tenants? CHAIRMAN KAUFMAN: No. MS. CURLEY: No? CHAIRMAN KAUFMAN: We're imposing the fine. MR. LEFEBVRE: Unfortunately, there's nothing we can do to -- CHAIRMAN KAUFMAN: That would have been done when the case of originally heard, that the tenants should be removed. That would have been part of the original order. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Do we have the original order? MS. NICOLA: Yes. MR. LEFEBVRE: We do. It's in our file here. CHAIRMAN KAUFMAN: Okay. February 23, 2017 Page 91 MR. LEFEBVRE: And I didn't see any mention of tenants having to vacate within a certain period of time. MS. CURLEY: Did you know there was tenants in there at the original case we heard? MR. SHORT: Yes. My understanding at the time, though, was they were going through an eviction process. MS. CURLEY: Well, it doesn't take six months to evict someone. CHAIRMAN KAUFMAN: Right. Okay. Well, we have a motion, and we have a second. Any discussion -- other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SHORT: Mr. Chair, if I may just read the order into the record -- or, I mean, the summary. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Regarding violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), 1.04.01(A), and Section 2.02.03. Location: 1172 Parkway Drive, Naples, Florida; Folio 70921440009. February 23, 2017 Page 92 Unpermitted electrical, plumbing, mechanical, plumbing, and structural alterations to support a multifamily use. Past orders: On October 28th, 2016, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR Book 5330, Page 3017, for more information. The violation has not been abated as of February 23rd, 2017. Fines have accrued at a rate of $200 per day for the period from January 27th, 2017, to February 23rd, 2017, 28 days, for a total fine amount of $5,600. Fines continue to accrue. Previously assessed operational costs of $65.43 have been paid. Operational costs for today's hearing, $63.33, for a total amount of $5,663.33. CHAIRMAN KAUFMAN: Okay. And as I mentioned to the previous -- on one of the previous cases, their recourse at this point would be to clear the violation, since they are continuing to accrue, and to appeal it to the Board of County Commissioners. MR. RICCIARDELLI: Yes, sir; thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MS. ADAMS: Okay. The next case is No. 10, Tab 16, Case CESD20160012453, Celestino Gonzalez Chavez and Delores Sayonara Montalvo. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Location: 3981 16th Avenue Southeast; Folio No. 41047440006. Description: Unpermitted accessory structure. February 23, 2017 Page 93 Past order: On September 22nd, 2016, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR Book 5318, Page 745, for more information. The violation has not been abated as of February 23rd, 2017. Fines have accrued at a rate of $100 per day for the period from January 21st, 2017, to February 23rd, 2017, 34 days, for a total fine amount of $3,400. Fines continue to accrue. Previous assessed operational costs of $63.75 have not been paid. Operational costs for today's hearing is $62.49. Total amount to date: $3,462.49. CHAIRMAN KAUFMAN: You said the 63.75 have not been paid? They have. MS. RODRIGUEZ: Have not. They haven't been paid. Oh, it has been paid? MS. ADAMS: It should be on your sheet. MS. RODRIGUEZ: Correction: Have been paid. CHAIRMAN KAUFMAN: Okay. Okay. There not here, you've been in contact with -- MS. RODRIGUEZ: Once. CHAIRMAN KAUFMAN: Once? MS. RODRIGUEZ: Only heard of them once. They don't call. CHAIRMAN KAUFMAN: Just a quick summary. This was a grow house, I think. MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: The owner was incarcerated. MS. RODRIGUEZ: Correct. CHAIRMAN KAUFMAN: And I don't know if they were being split up or whatnot, and there was -- who's going to wind up with property, et cetera. But she had come before us, I think at the last February 23, 2017 Page 94 hearing. MS. RODRIGUEZ: Well, I think they're together, though. CHAIRMAN KAUFMAN: Okay. But -- MS. RODRIGUEZ: But neither one showed up. CHAIRMAN KAUFMAN: Okay. You were in contact with them recently? MS. RODRIGUEZ: Well, when he called -- when I posted the notice, he called me and asked me, and I told him, you know, that I was there because I needed to observe whether or not the violation was abated or not, but no one answered the door even though there was a car there. So he called me and said, well, what do I need to do. So I said, well, if you need more time, you'll need to do a letter stating that you need more time. That's the last I heard. I haven't heard from him. CHAIRMAN KAUFMAN: Well, he did do the letter, but... MR. ASHTON: Didn't show up. CHAIRMAN KAUFMAN: He didn't show up to argue his case. Not that he needs to. I mean, we'll take the letter into consideration in what we're going to do, so... Do we have any comments from the Board? MR. LAVINSKI: Yeah. I think the last time, if I remember correctly, there was a couple of board members that felt sympathetic to this situation and, look, here's what it got us. They don't even show up anymore. So I'd make a motion to impose the fine. MR. ASHTON: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. What, were you looking to second the motion? MR. LEFEBVRE: I was going to trump Jim, but he started before me. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fine. Any discussion on the motion? February 23, 2017 Page 95 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. RODRIGUEZ: Thank you. MS. ADAMS: And the last case is No. 11, Tab 17, Case CESD20150019659, Filippo Mastrocola. MR. MASTROCOLA: Good morning. CHAIRMAN KAUFMAN: Good morning. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the mic so we have it on the record. MR. MASTROCOLA: Certainly. It's Filippo Mastrocola. CHAIRMAN KAUFMAN: Okay. This was interior renovations, plumbing, electrical, et cetera. And we had granted a continuance on that in November. MR. MASTROCOLA: And thank you for that. CHAIRMAN KAUFMAN: Okay. So... MR. MASTROCOLA: And I'm here today to ask for a little bit more time to complete the renovation. I recently was able to pick up the permit, and I did pay for the -- one second -- the after-the-fact permit fee. CHAIRMAN KAUFMAN: Okay. So you have the permit? February 23, 2017 Page 96 MR. MASTROCOLA: I have the permit. The work that was done prior to -- prior to me getting the permit, all the work had to be removed, which they reframed the back lanai area, put all the hurricane straps in in lieu of keeping the sliding glass doors that we're going to be using that I had already installed, which were not hurricane glass. In lieu of reusing those, we're going to -- I'm going to move forward and obtain hurricane glass. CHAIRMAN KAUFMAN: So how much time do you think you need to complete everything? MR. MASTROCOLA: I mean, I don't want to keep coming before the Board. You guys have been, obviously, very generous to me already. And, you know, I don't want to come back. If you could give me 90 days to complete it, that would be tremendous. You know, I know I've already asked for an extension before, and you guys were gracious enough to do so before. So 90 days, if you could give it to me, I'm very confident at this point, with the permit and the work that's already been done, I can get that accomplished pretty easily. CHAIRMAN KAUFMAN: Okay. And the county says? MR. GIANNONE: Moving towards compliance, so... CHAIRMAN KAUFMAN: Okay. MR. GIANNONE: Just do it. MR. LEFEBVRE: You have a contractor you've hired? MR. MASTROCOLA: Yes, sir. MR. LEFEBVRE: I make a motion to grant a 90-day continuance. MR. DOINO: Second. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant a 90-day continuance. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? February 23, 2017 Page 97 MS. CURLEY: Aye. MR. DOINO: Aye. MR. LAVINSKI: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. L'ESPERANCE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Hopefully we don't see you. MR. MASTROCOLA: Thank you so much. Much appreciated. MS. CURLEY: He'll have to come back. CHAIRMAN KAUFMAN: Yeah. Well -- yes. MR. LEFEBVRE: Imposition of fines. CHAIRMAN KAUFMAN: Okay. So, Lionel, I fulfilled my commitment to you to end before noon. MR. L'ESPERANCE: Very kind. CHAIRMAN KAUFMAN: Do we have any other business before us? MS. ADAMS: No, nothing else. CHAIRMAN KAUFMAN: Okay. Our next meeting is. MS. ADAMS: March 23rd. CHAIRMAN KAUFMAN: Okay. Well, we'll see you then. Thank you. We are adjourned. ***** There being no further business for the good of the County, the February 23, 2017 meeting was adjourned by order of the Chair at 11 :42 a.m. CODE ENFORCEMENT BOARD C4 0- ' 40, O C ERT KA • N, CHAIRMAN These minutes approved by the Board on 3 -a3 -94,00? , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 98