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CEB Minutes 11/17/2017November 17, 2017 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, November 17, 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 Kathleen Elrod James Lavinski (Excused) Lionel L'Esperance (Excused) Herminio Ortega (Absent) ALSO PRESENT: Kerry Adams, Code Enforcement Jeff Letourneau, Manager of Investigations Tamara Lynne Nicola, Attorney to the Board Danny Blanco, Administrative Secretary Co ler County Growth Management Department Code Enforcement Division i Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3`d Floor Naples, FL 34112 November 17, 2017 9:00 AM Robert Kaufman, Chair James Lavinski, Vice Chair Gerald Lefebvre, Member Lionel L'Esperance, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Kathleen Elrod,Alternate Herminio Ortega, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME B. STIPULATIONS C. HEARINGS 1. CASE NO: CELU20170008971 OWNER: DJ Price LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Recreational vehicles being stored on vacant lot. FOLIO NO: 61833080003 VIOLATION 2589 Terrace Ave,Naples ADDRESS: 2. CASE NO: CEPM20170014328 OWNER: Louis G Borodinsky and Barbara Borodinsky OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Buildings Regulations, Article VI Property Maintenance Code, Section 22-231(19). Elevated mold levels in dwelling. FOLIO NO: 30875005268 VIOLATION 1840 Florida Club Cir Unit 5201,Naples ADDRESS: 3. CASE NO: CESD20170008064 OWNER: Lynne V. Cadenhead OFFICER: Christopher Harmon 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). Expired Building Permit PRBD20150827018. FOLIO NO: 74414040006 VIOLATION 3414 Cherokee Street,Naples ADDRESS: 4. CASE NO: CEPM20170011382 OWNER: G Locke Galbraith OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231-(19). Elevated mold levels in dwelling. FOLIO NO: 60606001553 VIOLATION 1261 Naples Lake Dr.,Naples ADDRESS: 5. CASE NO: CEPM20170013257 OWNER: Surinder S Chandok OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c), Section 22- 231(12)(i), and Section 22-228(1). Unsecure dwelling, roof in disrepair,and garage door in disrepair. FOLIO NO: 26430200001 VIOLATION 4000 Gali Blvd,Naples ADDRESS: 6. CASE NO: CEROW20160001923 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Section 110-31(a). Right of Way Permit No. PRROW20170102473 has expired. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln,Naples ADDRESS: 7. CASE NO: CESD20170002774 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a)(e) and(i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln,Naples ADDRESS: 8. CASE NO: CEPM20170015597 OWNER: Skyteam LLC OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(19). Elevated mold levels in dwelling. FOLIO NO: 46573004160 VIOLATION 193 Santa Clara Dr.,Unit 9,Naples ADDRESS: 9. CASE NO: CEPM20170007397 OWNER: Laker Investment MGMT Inc OFFICER: Frank Bolzano VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-228(1). Loose sewer caps not seated correctly and in need of repair or replacement. Both are a safety and health hazard. FOLIO NO: 35980440001 VIOLATION 4500 Golden Gate Pkwy,Naples ADDRESS: 10. CASE NO: CESD20170004712 OWNER: IBO LLC OFFICER: Juan Garcia VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(A) and I0.02.06(B)(1)(E). Converted part of the existing screened patio to an enclosed structure with electric and air conditioning without first obtaining all required Collier County Building Permits and approvals. FOLIO NO: 63866840001 VIOLATION 313 Nixon Dr., Immokalee ADDRESS: 11. CASE NO: CESD20170001654 OWNER: Helen Braughman OFFICER: Joseph Giannone VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Three unpermitted structures/mobile homes on the property. FOLIO NO: 1134803606 VIOLATION 15859 Janes Scenic Dr.,Copeland ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1• CASE NO: CESD20160017293 OWNER: Manuel Lopez Parchment OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. FOLIO NO: 35740520006 VIOLATION 2069 415`TER SW,Naples ADDRESS: 2. CASE NO: CEPM20160004343 OWNER: Union Road LLC OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(i), and 22- 231(12)(c). Roof in disrepair, windows and doors missing and/or broken; exterior walls in disrepair. FOLIO NO: 01058920513 VIOLATION 12400 Union RD,Naples ADDRESS: 3. CASE NO: CELU20170004265 OWNER: 11222 Tamiami LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Commercial container being stored on an unimproved lot. FOLIO NO: 60783280006 VIOLATION No Site Address ADDRESS: 4. CASE NO: CELU20160015397 OWNER: G&E S Gonzalez Trust and Josue Daniel Gonzalez OFFICER: 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 102 S 4th ST, Immokalee ADDRESS: 5. CASE NO: CESD20160011175 OWNER: Maria O.Jimenez OFFICER: Jonathan Musse 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). Permitted lanai with slab and trusses that was converted into living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 VIOLATION 5326 Trammell St.,Naples ADDRESS: 6. CASE NO: CESD20150024661 OWNER: Theodore Canales OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Renovating the interior and exterior of single family residence prior to an issuance of a building permit. FOLIO NO: 30681960005 VIOLATION 1402 Orange St., Immokalee ADDRESS: 7. CASE NO: CESD20160016422 OWNER: Farman Ullah OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A) and Section 10.02.06(B)(1)(E)(I). Interior remodeling consisting of but not limited to, removing drywall and insulation with plans to replace them with new drywall without first obtaining a valid Collier County Permit. FOLIO NO: 62205720000 VIOLATION 5349 Holland St.,Naples ADDRESS: 8. CASE NO: CESD20160007819 OWNER: Manfred S. Dunker OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Demolition of interior, sheet rock, plumbing, etc witnessed on May 10th, 2016 by Contractor Licensing Investigators, Ian Jackson and Steve Kovacs. FOLIO NO: 27581000007 VIOLATION 400 Oak Ave,Naples ADDRESS: 9. CASE NO: CESD20150002237 OWNER: Edward M.Miller and Brittany L. Miller OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A) and 10.02.06(B)(1)(E)(I). Complete remodel of the kitchen, master bathroom, bathroom, family room, replaced windows and replaced soffits. All work done without Collier County Building Permits. FOLIO NO: 38051960006 VIOLATION 3875 31"Ave SW,Naples ADDRESS: 10. CASE NO: CESD20150015459 OWNER: Frances Poole OFFICER: 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 1865 Harbor Ln,Naples ADDRESS: 11. CASE NO: CESD20150011320 OWNER: Kelly Baker OFFICER: Joseph Giannone VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). A single wide mobile home and utility shed staged on improved unoccupied residential property without first obtaining the required permit(s), inspections, and certificate of occupancy/completion. FOLIO NO: 01132480005 VIOLATION 259 Gladys Ct,Naples ADDRESS: B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER C. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII.CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUITVE SUMMARY. IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE-FRIDAY,JANUARY 26, 2018 AT 9:00 A.M. XII. ADJOURN November 17, 2017 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to bring the Code Enforcement Board to order. Let's see. We have a few folks that we're waiting on, but we're going to start anyhow. Notice: Respondents are limited to 20 minutes of case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe 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 the 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. Now, if you have a cell phone, perfect time to turn it off. And with that, we stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay, Kerry. Why don't we start with the roll call. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. ADAMS: Mr. Ronald Doino? MR. DOINO: Here. MS. ADAMS: Mr. Robert Ashton? MR. ASHTON: Here. MS. ADAMS: Ms. Sue Curley? MS. CURLEY: Here. November 17, 2017 Page 3 MS. ADAMS: Ms. Kathleen Elrod? MS. ELROD: Here. MS. ADAMS: And Mr. James Lavinski is absent, Mr. Lionel L'Esperance is absent, and Herminio Ortega is absent. CHAIRMAN KAUFMAN: Okay. Tami, you made it. MS. NICOLA: Just barely. I told you guys I was going to be a little bit late. CHAIRMAN KAUFMAN: You're 10 minutes before we thought you'd be here. MS. NICOLA: I know. Amazing, right? CHAIRMAN KAUFMAN: Absolutely. MS. NICOLA: I tried. I promise I didn't speed. CHAIRMAN KAUFMAN: Okay. Let me just flip flop on -- does anybody have any comments on the minutes that were sent out? (No response.) CHAIRMAN KAUFMAN: Hearing none, could we get a motion to accept the minutes? MR. DOINO: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It passes unanimously. Okay. I think we have a few changes, Kerry? November 17, 2017 Page 4 MS. ADAMS: Yes. Roman Numeral 5, Public Hearing, Motions, Letter B, Stipulations, we have three additions. The first is No. 6 from Hearings. It's Case CEROW20160001923, N-A Properties, LLC. The second stipulation is No. 7 from Hearings, Case CESD20170002774, N-A Properties, LLC. The third is No. 10 from Hearings, CESD20170004712, IBO, LLC. Letter C, Hearings, No. 1, Case CELU20170008971, DJ Price, LLC, has been drawn. Number 2, Case CEPM20170014328, Louis G. Borodinsky and Barbara Borodinsky, has been withdrawn. Number 3, Case CESD20170008064, Lynn V. Cadenhead, has been withdrawn. Number 4, Case CEMP20170011382, G. Locke Galbraith, has been withdrawn. Number 5, Case CEPM20170013257, Surinder S. Chandok, has withdrawn. Number 8, Case CEPM20170015597, Skyteam, LLC, has been drawn. Roman Numeral VI, Old Business, Letter A, Motion for Imposition of Fines and Liens, No. 1, Case CESD20160017293, Manuel Lopez Parchment, has been withdrawn. Number 4, Case CELU20160015397, G&E S. Gonzalez Trust and Josue Daniel Gonzalez, has been withdrawn. And that's all the changes to the agenda. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the changes? MR. DOINO: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in November 17, 2017 Page 5 favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We did the minutes. I guess we're up to the stips. By the way, if you want to go out of order for the people that are here, we can do that. MS. ADAMS: Okay. The first stipulation is going to be No. 6 from hearings, Case CEROW20160001923, N-A Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. SEPANSKI: Thomas Sepanski. CHAIRMAN KAUFMAN: Good morning, Dee. MS. PULSE: Good morning. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record? MS. PULSE: It comes now the undersigned, Thomas G. Sepanski, on behalf of N-A Properties, LLC, as representative for respondent, and enters into the stipulation and agreement with Collier County as the resolution of notices of violation in reference to Case No. CEROW20160001923 dated the 17th day of February 2016. By the way, for the record, Dee Pulse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: November 17, 2017 Page 6 Number 1, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County right-of-way permits and inspections through final approval and/or remove all offending material from the right-of-way for any activity not permitted with a valid Collier County right-of-way permit within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Was this a case where it's one of those pipes that goes under the driveway? MS. PULSE: Culvert. CHAIRMAN KAUFMAN: Okay. You agree to the stipulation as written? MR. SEPANSKI: Yes. CHAIRMAN KAUFMAN: Any problem making the 60 days? MR. SEPANSKI: No. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MR. ASHTON: Motion to accept the stipulation as written. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All November 17, 2017 Page 7 those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. PULSE: Thank you. MS. ADAMS: The next stipulation is No. 7 from hearings. It's Case CESD20170002774, N-A Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation in? I have a few questions on this one. MS. PULSE: Okay. For the record, Dee Pulse, Collier County Code Enforcement investigator. It comes now the undersigned, Thomas G. Sepanski, on behalf of N-A Properties, LLC, representative for respondent, and enters into the stipulation and agreement with Collier County as to the resolution of the notices of violation in reference to Case No. CESD20170002774, dated 15th day of June 2017. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the in-ground pool and a November 17, 2017 Page 8 permanent barrier around pool within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, must erect a temporary barrier around the pool within seven days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 4, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 5, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: My question on this is, this originally was in June 15th of '17, four, five months ago. MS. CURLEY: February. February 23rd it was first observed. MR. ASHTON: February. CHAIRMAN KAUFMAN: It says date owner/person given -- MS. CURLEY: Item No. 5. MR. ASHTON: Violation. CHAIRMAN KAUFMAN: I understand. But this is a safety and health type thing. I am very surprised that this thing dragged on this long. This should have been seven days initially. MS. CURLEY: Yeah, I'm not -- I agree. I'm not -- if you give them 90 days, that means there's been a pool unprotected for one year. That's really -- CHAIRMAN KAUFMAN: Well, it's seven days to put up a temporary fence; 90 days to have the permanent thing. MS. CURLEY: Well, it was asked to be corrected July 14th, so that's a long time ago. CHAIRMAN KAUFMAN: Right. November 17, 2017 Page 9 MS. CURLEY: So it's just taken all this delay time for them to come here, and the violation still remains? MS. PULSE: Yes. MS. CURLEY: Yeah. What happened? MR. LEFEBVRE: Is a temporary barrier up? MS. PULSE: No, sir. MS. CURLEY: No temporary barrier? How was this reported? MS. PULSE: A complaint received to our office. MS. CURLEY: I'm glad that my grandkids don't live next door to this house. CHAIRMAN KAUFMAN: Well, those are my two cents worth on a safety and health. Generally, safety and health, unless I'm mistaken, is like the first case we hear when we get together, and yet this thing has dragged on for this amount of time. MR. LEFEBVRE: When was this stipulated agreement signed? Was it just signed? MS. PULSE: This morning. MS. CURLEY: Well, let's fix it. CHAIRMAN KAUFMAN: Do you have a suggestion? MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Well -- MR. LEFEBVRE: I think -- I think if we were sitting here back in June, I think 90 days or shorter than a period of 90 days would be acceptable, but in the circumstances with pool contractors -- and I know my mother's trying to get a pool contractor to fix her lanai screen and can't even get anyone to call her back. MS. CURLEY: So I just got a pool -- I mean, a fence quote, and they could start in three weeks. MR. LEFEBVRE: Fence or a lanai? MS. CURLEY: A fence around the pool. MR. ASHTON: But if you're planning on doing a lanai -- November 17, 2017 Page 10 MS. CURLEY: Well, we don't know what their plans are, but they must not either, because it's going to be a year for them to figure it out. CHAIRMAN KAUFMAN: Well, it's the -- how long does it take to put up a temporary fence is the question that I'm concerned with. MS. CURLEY: Two hours. CHAIRMAN KAUFMAN: Okay. So, to be honest, I'm not happy with seven days to put up a temporary fence considering that this was signed this morning. I would think that should be up and done in a much -- MS. CURLEY: February. CHAIRMAN KAUFMAN: -- a much quicker time frame. I don't know how the rest of the Board feels. MS. CURLEY: I have a couple questions. Is this house occupied, and is the pool filled with water? MS. PULSE: The house is occupied. I cannot verify if it's filled with water. CHAIRMAN KAUFMAN: You can ask the respondent. MR. SEPANSKI: Yes, it is. MR. ASHTON: Dee, is the pool in a lanai, or is it just in the backyard? MS. PULSE: Just in the backyard. MR. LEFEBVRE: And there's no fence around the property at all? MS. PULSE: There is vegetation on one side. There is a chain-link fence. MR. SEPANSKI: Two sides. MS. PULSE: Two sides. But, yeah, the vegetation, I can't tell if it is completely solid fencing in there or some type of wood barricade-type fence, but there are gaps in that barricade fence. CHAIRMAN KAUFMAN: Sir, is it possible to put a temporary November 17, 2017 Page 11 fence up there in a period of time that's shorter than seven days? MR. SEPANSKI: Yeah, sure. I mean, I don't know how long it's going to take to get a permit, but -- it's Friday. MR. LEFEBVRE: A temporary fence. CHAIRMAN KAUFMAN: A temporary fence, I'm not sure -- do you know, Jeff, do you need a permit to put up a temporary fence? MS. PULSE: No. MR. McNABB: Yes, you do. MR. LETOURNEAU: Well, we're just asking for some type of -- CHAIRMAN KAUFMAN: Barrier. MR. LETOURNEAU: Yeah. You know how you see the orange construction fences that are up that -- CHAIRMAN KAUFMAN: Right. MR. LETOURNEAU: -- you know, something that somebody can see very clearly while they're entering that property. Do you understand what I'm saying? The orange kind of -- it might be made of cloth or whatever. MS. PULSE: Or plastic. MR. LETOURNEAU: Or plastic, yeah. That doesn't need a permit. You can go down to Home Depot, probably, and buy that and put some stakes in the ground and wrap that around the pool. MR. LEFEBVRE: You can get chicken wire and put it up probably. I mean -- MR. SEPANSKI: Well, I thought your concern was putting one up properly. Why would I put up two? You want me to up a little orange fence? I mean, your concern is you hope your grandkids don't live there. Well, I don't think that orange fence is going to save your six-year-old grandkids either. I mean, if I can get a permit, we'll put up the fence right away. That's on the county. MS. CURLEY: Well, why didn't you apply for one back in, like, February or March or April or May, June? November 17, 2017 Page 12 MR. McNABB: There's an ongoing -- MS. CURLEY: -- June, July, August, September -- MR. McNABB: -- construction project on this property. MS. CURLEY: -- October? CHAIRMAN KAUFMAN: Hold on. Hold on. If you want to testify, you have to be sworn in. Do you want to testify? MR. McNABB: Yes, please. CHAIRMAN KAUFMAN: Okay. Stand up to the microphone and -- (The speaker was duly sworn and indicated in the affirmative.) MR. LEFEBVRE: Do you want to hear this case? CHAIRMAN KAUFMAN: No, I just want to -- MR. McNABB: Troy McNabb. CHAIRMAN KAUFMAN: Your relation to this property? MR. McNABB: I reside there. I'm also the contractor. CHAIRMAN KAUFMAN: Okay. MR. McNABB: And this became an issue over retaliation from a disgruntled neighbor that does not approve of the building that I have put in the backyard. This pool has been like this since 2009, well before 2009. CHAIRMAN KAUFMAN: It was not fenced? MR. McNABB: No. MR. LEFEBVRE: Is there a permit for it? MR. McNABB: No. MS. CURLEY: Is there some sort of grandfathering that you're allowed to not permit? MR. McNABB: We did not put the pool in. The pool was installed in 1996 by, I believe, Heritage Concrete, Dee? MS. PULSE: I have no idea who installed it. MR. McNABB: I believe that's what I was told. CHAIRMAN KAUFMAN: Well, the thing is, whether you did it November 17, 2017 Page 13 or not, if you own it, you own it. That's -- MR. McNABB: Correct. CHAIRMAN KAUFMAN: -- what the rule is. So our concern is safety. So if we leave here today and somebody happens to fall in that pool and drown, this would not fair well for what we do. I mean, if it takes to wrap one of those orange plastic fences around there immediately until you get the permanent one done, that's fine. MR. McNABB: That is what we will do. But there's no difference between falling in that pool and the 10-acre lake that is unprotected 30 feet away. CHAIRMAN KAUFMAN: Well, the difference is that one is the law -- MR. McNABB: Just making that point. CHAIRMAN KAUFMAN: -- and the other one isn't. MR. McNABB: There will be an orange barrier around it before the end of the weekend. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. Do you want to amend your stipulation to show that? MR. LETOURNEAU: So can we amend it to three days then? CHAIRMAN KAUFMAN: Sure. MR. LETOURNEAU: Okay. All right. Then we'll change it right now, and then they have to initial it. MS. CURLEY: Wait. Let's amend the other section, too. It doesn't take 90 days to get a pool fence permit. MR. ASHTON: How long would it take to get a permit for the fence? MR. McNABB: Ten days. MS. CURLEY: Well, a pool is a little harder. MR. LETOURNEAU: Putting it up is, you know -- it would be a lot longer, obviously. November 17, 2017 Page 14 MS. CURLEY: Let's change it from 90 to -- wait. I would like to suggest -- MR. McNABB: Change it from 90 to 30. MS. CURLEY: -- thirty. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: Okay. MR. SEPANSKI: We're still going to need 90 to get the permit for the pool itself. MR. McNABB: Now, the pool permit will not be done in 30. I paid for that back in June. CHAIRMAN KAUFMAN: You say the pool permit. The permit to construct the pool? MR. LEFEBVRE: We're not here for that. MR. McNABB: Correct. CHAIRMAN KAUFMAN: Yeah, we're not hearing that right now. MR. McNABB: Well, it's all part of one. (Multiple speakers speaking.) MR. LETOURNEAU: Yeah, we are. I believe that pool permit is part of this. MS. PULSE: Yes. MR. LETOURNEAU: So, I mean, we could make separate -- you know, 30 days -- at this point it would be so hard to rewrite the stipulation. Maybe we want to just hear the case. Because it's going to -- if you guys are going to split up the pool and the pool fence, then it's going to be -- CHAIRMAN KAUFMAN: Yeah, I don't understand -- MR. LETOURNEAU: -- more than just changing a couple numbers in here. CHAIRMAN KAUFMAN: I don't understand the case. So there's a pool that was put in years and years ago that was never November 17, 2017 Page 15 permitted? MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: That's one thing. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: The unpermitted pool doesn't have a fence around it. MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: That's Item 2. So a temporary fence is one of the things we're talking about, and then a permanent fence or barrier around the pool is No. 3. MR. LETOURNEAU: Correct. To bring the pool and get the final CO for the pool, you would need a permitted, approve barrier around the pool. CHAIRMAN KAUFMAN: Okay. So those are the three items. Are there any other items that I'm missing? MR. LETOURNEAU: No, that's it. MR. LEFEBVRE: Could you get the pool permit, fence permit, and everything completed within 45 days? What needs to be done to finish the pool? I mean, it sounds like it's filled. MR. McNABB: It's fine. It's finished. It was just put in by somebody who didn't feel the need to pull a permit for it -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So then all it needs -- MR. McNABB: -- 25 years ago. MR. LEFEBVRE: So then all it would need is putting up the fence -- MR. McNABB: Correct. MR. LEFEBVRE: -- and then coming out for inspections? MR. McNABB: Correct. MR. LEFEBVRE: So how about 45 days? MR. McNABB: That's fine. November 17, 2017 Page 16 MR. LETOURNEAU: Perfect. MR. LEFEBVRE: Do 45 days and get everything done and not have to hear this case again. CHAIRMAN KAUFMAN: The only thing is the temporary fence. MR. McNABB: Three days. CHAIRMAN KAUFMAN: They're going to have that done. MR. LEFEBVRE: Right, within three days. Correct. MS. ASHTON: Yeah. Three days on the temporary. MS. CURLEY: Just a clarification. N-A Properties, is one of you the owner of that property? MR. SEPANSKI: I am. MS. CURLEY: Okay. Thanks. CHAIRMAN KAUFMAN: Okay. So you would agree and, Dee, you'll mark it up and have it signed, and -- MR. LEFEBVRE: So we're changing the "90" to "45" and the "seven" days to get the temporary barrier to "three" days? CHAIRMAN KAUFMAN: That's correct. MR. LEFEBVRE: And if they agree, let's make a motion and -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion to approve the changes as stated. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. November 17, 2017 Page 17 MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LEFEBVRE: Thank you. MS. CURLEY: Just be a good neighbor. MS. ADAMS: The next stipulation is No. 10 from hearings, Case CESD20170004712, IBO, LLC. MR. OZBAY: Hello, everybody. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us? MR. OZBAY: Yes. My name is Erhan Ozbay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This was a case for Juan Garcia, and you're representing him? MR. AMBACH: Juan Garcia is the Investigator that was on the case. CHAIRMAN KAUFMAN: I'm sorry. MR. AMBACH: I'm going to be presenting that today for him. CHAIRMAN KAUFMAN: Wrong tab. Do you want to read the stipulation into the record? MR. AMBACH: Yes, sir. For the record, Chris Ambach, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.91 -- it just went blank. It just came back on -- incurred in the prosecution of this case within 30 days of this hearing; obtaining all required Collier County approvals, building permits or demolition permit, inspections and certificate of completion and/or occupancy for the enclosed screen patio with new windows and electric within 90 days of this hearing, or November 17, 2017 Page 18 a fine of $250 per day will be imposed until the violation is abated. Cease using the unpermitted enclosure until all Collier County approvals, permits, inspections, and certificate of occupancy is obtained. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. We have some questions from the Board? MR. LEFEBVRE: Yeah. MS. CURLEY: Can you pull that down so we see the top of it. MR. LETOURNEAU: Chris, is that "immediately" cease. MR. AMBACH: Yeah. You may want to add that in there. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I think that we're asking, on No. 3, immediately cease using the unpermitted enclosure. MR. LEFEBVRE: How about putting in there a period. "Immediately" could be -- I would say two, three days or something to that effect, or a fine of X amount. MR. AMBACH: Twenty-four hours. MR. LETOURNEAU: Twenty-four hours or a fine of $100 a day. Is it occupied right now, sir? MR. OZBAY: It's not. It's -- there's nobody -- it hasn't been. It's just junk that's been in there. That's pretty much it. Nobody goes in there. It has a separate door as well, too. CHAIRMAN KAUFMAN: Does it have a separate circuit November 17, 2017 Page 19 breaker? MR. OZBAY: Yes, it has its own separate circuit breaker. CHAIRMAN KAUFMAN: That should be part -- that electric should be turned off. MR. OZBAY: Yeah, we can. No problem. CHAIRMAN KAUFMAN: Okay. It's interesting to me, on -- this is, again, going back, that the violation was first observed in March, which is many moons ago; that it's worked its way up to now. I don't know that this was safety. With electric, we sometimes view that as a safety. MR. LETOURNEAU: I'm not trying to make excuses, but I will say that most of these cases were probably scheduled around the hurricane and then got delayed a couple months. I know it's not, you know, a total excuse, but they would have been here earlier, I think. MS. CURLEY: But they still were re-inspected November 6th. It's like they got two extra months to get things in order. MR. LETOURNEAU: Yeah, but -- okay. I don't know. I'm just saying I think this case was scheduled to go earlier, and it got postponed. CHAIRMAN KAUFMAN: Okay. All right. You understand the stipulation as it's been written? MR. OZBAY: Yes, sir. CHAIRMAN KAUFMAN: And the date that you have on there, again, Chris, is? MR. AMBACH: Within 24 hours. CHAIRMAN KAUFMAN: That's nonuse of it, and then all the permits and the approvals need to be completed by? MR. AMBACH: Ninety days. MR. LEFEBVRE: So cease using unpermitted enclosure within 24 hours, and all circuit breakers to that area shall be turned off. MR. LETOURNEAU: We could say all utilities. November 17, 2017 Page 20 MR. LEFEBVRE: All utilities, okay. MS. CURLEY: Well, cease using it. You mean you want them to take everything they have stored in it out of it? CHAIRMAN KAUFMAN: No, I don't think the stuff will -- MS. CURLEY: It doesn't sound like there's people in it. MR. LEFEBVRE: No, no. Just living in it, using it. MR. OZBAY: Yeah, nobody's -- it's not operational. Nobody goes in there. The light doesn't even turn on because it's just electricity waste. So we'll turn the breaker off; that way there's no questions. MS. NICOLA: Is the Board adding a fine to Paragraph No. 3? MR. LEFEBVRE: Yep. MS. NICOLA: A hundred dollars a day? MR. LEFEBVRE: Correct. MS. NICOLA: Well, he has to agree to it, right? It's a stipulation, so it's going to have to be -- CHAIRMAN KAUFMAN: Right. MS. NICOLA: Okay. I just want to make sure I write this up properly. MR. LETOURNEAU: I can take a stab at what Chris needs to write here. So cease using the unpermitted enclosure for living purposes and disconnect all utilities within 24 hours until all Collier County approvals, permits, inspections, and certificate of occupancy is obtained, or a $100-a-day fine will be imposed. CHAIRMAN KAUFMAN: Okay. I realize that we're not hearing the case now, but I am curious as to -- is this a property that you bought that had this in it, or did this work -- this work was performed by a licensed -- MR. OZBAY: Yeah. It was an unlicensed. We had a screened-in enclosure, so we put a glass -- you know, a wall and a glass on there. So we're understanding that's, you know, against permitting. We didn't have permits for that. So we want to correct the November 17, 2017 Page 21 matter. We have a meeting with a new architect on Monday. Of course, they know more of codes than I do to, you know, make sure we're in code and everything's okay. We just haven't -- I've been out personally, you know, the last two months, so I've been away. So I haven't been able to deal with the matter, but I am personally dealing with the matter. So I'm in contact with our GC as well, too. We're having a meeting Monday. So the goal is just to finish this up in the quickest time as possible. CHAIRMAN KAUFMAN: Okay. Was this a referral from the contractors licensing? MR. AMBACH: No, sir. It was a complaint. CHAIRMAN KAUFMAN: Okay. And the contractors, you said, were not licensed? MR. OZBAY: No, the contractor is licensed, but we didn't have any permit. We didn't pull a permit for this job. CHAIRMAN KAUFMAN: Well, if he was licensed, he should have pulled the permit for you. MR. OZBAY: We started it, then we brought on the contractor. He didn't initiate it. Yeah, it was our -- CHAIRMAN KAUFMAN: Okay. Okay. Any other questions of the respondent? (No response.) CHAIRMAN KAUFMAN: Well, should we wait till you get finished writing, Jeff? MR. LETOURNEAU: I'm working on it here. I think we all understand what No. 3 is. CHAIRMAN KAUFMAN: Okay. Okay. Do we have any motion from the Board? MR. ASHTON: Motion to accept the stipulation with the amendment. MR. DOINO: Second. November 17, 2017 Page 22 MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Pick one. Okay. We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. OZBAY: Thank you for your time. MR. LEFEBVRE: Just make sure you initial off. CHAIRMAN KAUFMAN: How come you have a sign there that says smile? MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Thanks, Chris. MS. ADAMS: There was one other stipulation added to the agenda. It's No. 11 from hearings. Item 5C11. It's Case CESD20170001654, Helen Braughman. CHAIRMAN KAUFMAN: Okay. Let's get a -- MR. LEFEBVRE: Motion to amend. CHAIRMAN KAUFMAN: -- motion to amend the agenda. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. November 17, 2017 Page 23 MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. This is No. 11. MR. LEFEBVRE: How about No. 9? MS. ADAMS: It's No. 11. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Correct me if I'm wrong. This was the three unpermitted structures, et cetera? MR. GIANNONE: Yes, sir. CHAIRMAN KAUFMAN: Okay. We got everybody sworn? Ready to go? Okay. You want to read the stipulation into the record? MR. GIANNONE: Sure. For the record, Joseph Giannone, Collier County Code Enforcement. It has been agreed between the parties that the respondent shall: Pay all operational costs in the amount of 59.70 incurred in this prosecution of this case within 30 days of the hearing; Number 2, abate all violations by obtaining all required Collier County building permits, inspections, and certificate of completion/occupancy within 180 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; Four, 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 November 17, 2017 Page 24 Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do we have any questions from the Board? MR. LEFEBVRE: Is this a permitted use to have three mobile homes on this property? MR. GIANNONE: It was never permitted, sir. That's the issue. MR. LEFEBVRE: No, what I'm saying is -- MR. ASHTON: Allowed. MR. LEFEBVRE: -- are they allowed to have three on this property? CHAIRMAN KAUFMAN: What's the zoning? MR. LEFEBVRE: Because you crossed out "or demo permit." MR. GIANNONE: I inherited this case just recently, so -- MS. CURLEY: So I have a question for Helen. CHAIRMAN KAUFMAN: Hang on one second. Go ahead, Joe. You've got to be sworn in? (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. The reason that's crossed out is when we presented this to the building official, he said if she wanted to remove the structures that she wouldn't need a permit, and -- because she's using them as storage. That's why -- they would be allowed if she was to permit them. CHAIRMAN KAUFMAN: Okay. Sue? MS. CURLEY: I have a question. So when you bought this in 1995, there's -- MS. BRAUGHMAN: Ninety-one. MS. CURLEY: Ninety-one. MS. BRAUGHMAN: I think so. Yes, ma'am. MS. CURLEY: Okay. It said there was two mobile homes on November 17, 2017 Page 25 the property. Are these the same ones? Because it's showing together with -- MS. BRAUGHMAN: Everything's the same; everything's the same as it was. The two mobile homes were there, but there was other places for storing. MS. CURLEY: Got it. MS. BRAUGHMAN: They've been there for 30 years. Been there longer than that. And you did bring up -- excuse me. Is it okay if I -- CHAIRMAN KAUFMAN: One second. Just, for the record, could you say your name on the microphone. MS. BRAUGHMAN: My name is Helen Braughman. CHAIRMAN KAUFMAN: Okay. Thank you. MS. BRAUGHMAN: You brought up a good subject a minute ago about grandfathered in. I was under the influence (sic) that we were grandfathered in out there. And we also have the Copeland overlay thing that was redone about 10 years ago, which puts me in that category. And I'm just wondering what "grandfathered in" means if it's not recognized. CHAIRMAN KAUFMAN: Have you provided that documentation to the county? And their response was? MS. BRAUGHMAN: They just got the -- they just -- it's ongoing from a while back. But I've been harassed for the last 10 years over this. MS. CURLEY: I think it's a good idea if you speak to the officials. But I will say that on your Quit Claim Deed it lists the mobile home ID numbers which, if these are the original ones from 1995 where this Quit Claim Deed says you purchased the property, then that would be a discussion you would have with the county official. MS. BRAUGHMAN: I know why. Okay. It was transferred November 17, 2017 Page 26 into my name. That's why. Okay. CHAIRMAN KAUFMAN: Okay. MS. BRAUGHMAN: I remember now. CHAIRMAN KAUFMAN: Do you have any comments on that, Joe? MR. MUCHA: I was just going to say, as far as the overlay's concerned, I mean, you still need to get building permits when they're required. So these storage buildings might be an allowable use, but they still require building permits. CHAIRMAN KAUFMAN: Okay. And as we mentioned in the previous case, you're the lucky person that owns the property, so you're the lucky person that has the violation, if it is a violation. MS. BRAUGHMAN: Do you know it would cost me $11,000, a permit? CHAIRMAN KAUFMAN: Well, we're not here to hear the case. We're here to hear the stipulation, unless you want us to hear the case. MS. BRAUGHMAN: I'm fine. Thank you. MR. LETOURNEAU: For the record, can I -- Jeff Letourneau, Collier County Code Enforcement. When you -- these buildings, I believe, were built after '86, and "grandfathering," people kind of throw that term around a lot; however, grandfathering means that it was built as permitted back in the day. So it was legal at one point, and then a code changed which made it not legal anymore. But they had a term for that; legal nonconforming. Because these structures were never permitted when they were built, they're not grandfathered in. They needed a permit back then, and they need a permit now. CHAIRMAN KAUFMAN: I understand. MS. BRAUGHMAN: So they're -- I'm sorry. MS. CURLEY: That makes sense. November 17, 2017 Page 27 MS. BRAUGHMAN: The two trailers were put in maybe after '86, but the rest of the small buildings were there for years. I don't know how long. MR. LETOURNEAU: I'm -- Joe, can you answer that? I'm just going by what information I'm given here. MS. CURLEY: Do we have any pictures of this? MR. MUCHA: I have to look at the case notes really quick. CHAIRMAN KAUFMAN: While he's looking, Jeff, I think, unless I misunderstand you, in a case like that, if those trailers were removed from the property and two new trailers came onto the property, they would not be permitted. It's just -- grandfathered to me means the ones that were there might have been had they been permitted. MR. LETOURNEAU: Correct. If it was legal back when they were put in and an ordinance changed that makes them somehow illegal, they're still legal nonconforming because they were legal at the time they were put in. I've got to say that permits were required all the way back to the '60s. So unless they were built before the '60s, you know, then -- then they're still going to be required to have a permit. MR. LEFEBVRE: It's like when you build a house, the code changes. If you come back to modify the house, they're not going to ask you to fix the code. MR. LETOURNEAU: Exactly; unless it's over 50 percent. MR. LEFEBVRE: As long as you got it permitted. MS. CURLEY: So to the mobile homes, ma'am, do you have the titles to them? MS. BRAUGHMAN: Yes, ma'am. MS. CURLEY: Are they from the '60s? MS. BRAUGHMAN: No. MS. CURLEY: Okay. Just checking. November 17, 2017 Page 28 CHAIRMAN KAUFMAN: Joe? MR. MUCHA: I have an aerial from 1995. I mean, I don't know if we want to get into the case. CHAIRMAN KAUFMAN: You know, we're not here to hear the case. MR. MUCHA: It doesn't show any of the -- it just shows, really, the main residence from the '95 aerial. So all this stuff -- CHAIRMAN KAUFMAN: Basically you have a stipulation -- MS. BRAUGHMAN: Because of the woods, you can't see. CHAIRMAN KAUFMAN: -- that the respondent has agreed to, so -- and what needs to be done is listed in the stipulation. Do you have a problem performing that, or can you make -- can you -- MS. BRAUGHMAN: Money-wise, but I'll try my best. CHAIRMAN KAUFMAN: Okay. Well, the problem is that the line up there that says -- 180 days, that will give you six months, and then there's a $250-a-day-fine after that six months. So let me suggest -- MS. BRAUGHMAN: I see that. I live off $700 a month. CHAIRMAN KAUFMAN: Let me suggest that if you cannot do that, don't wait for six months to come back to the Board. Come back sooner and request more time or whatever you need to do. Okay? MS. CURLEY: So I think the good thing is that you have options of removing them. MS. BRAUGHMAN: All right. The thing is, these two trailers were put in after those other trailers were there; the new ones were put in. CHAIRMAN KAUFMAN: Okay. MS. BRAUGHMAN: They do have permits, but I don't know about the other old ones. CHAIRMAN KAUFMAN: Okay. You understand the stipulation that you agreed to? November 17, 2017 Page 29 MS. BRAUGHMAN: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: And we definitely understand her financial predicament, and we'll keep in touch with her. And when it gets close to that time, you know, we'll kind of see where she's at, and we can ask for more time. CHAIRMAN KAUFMAN: Okay. Great. Okay. Do we have any motion from the Board? MR. ASHTON: Motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: They'll talk to you out in the hall as far as what you need to provide. Thank you. MS. ADAMS: Okay. The next case that we have someone present is from Old Business, Letter A, Motion for Imposition of Fines/Liens. It's Item 6A2, Case CEPM20160004343, Union Road, LLC. (The speakers were duly sworn and indicated in the affirmative.) November 17, 2017 Page 30 CHAIRMAN KAUFMAN: Could you state your name on the microphone, for the record. MR. TATEO: Paul Tateo here on behalf of Union Road, LLC. CHAIRMAN KAUFMAN: Okay. You're a principal or -- MR. TATEO: Yes. One of my companies is a principal in that company. CHAIRMAN KAUFMAN: Okay. As I am reading, this goes back to June 2016. MR. TATEO: It's ancient. CHAIRMAN KAUFMAN: Do you want to do the presentation, Joe? MR. MUCHA: Yes, sir. For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(i) and 22-231(12)(c). Location: 12400 Union Road; Folio No. 01058920513. Description is a roof in disrepair, windows and doors missing and/or broken, and exterior walls in disrepair. Past orders: On June 23rd, 2016, the Code Enforcement Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR5290, Page 3461, for more information. On August 26th, 2016, the Code Enforcement Board imposed the fine and granted an extension of time. See the attached order of the board, OR5311, Page 1588, for more information. The violation has not been abated as of November 17th, 2017. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from February 23rd, 2017, to November 17, 2017, 268 days, for a total fine amount of $40,200. November 17, 2017 Page 31 Fines continue to accrue. Previously assessed operational costs and fines assessed of $2,067.11 have been paid. Operational costs for today's hearing, $59.63. Total amount: $40,259.63. CHAIRMAN KAUFMAN: Okay. The $2,067.11, was that paid to secure the building? It's just a strange thing to -- MR. MUCHA: I think it was -- MR. TATEO: It was not. MR. MUCHA: -- a civil fine. CHAIRMAN KAUFMAN: Okay. Okay. Sir? MR. TATEO: Thank you. CHAIRMAN KAUFMAN: You're here to request something? MR. TATEO: I'm here to just go over a couple of details. Union Road bought this property after the original citation. He had bought it in mid August of 2'16, and that fine, the $2,000 fine you're referring to, was paid at the closing of purchase by Union Road, LLC. This fine and the issue related to this property -- this is a 1966 structure that was related to one of the two Port of the Island hotels. My client bought just the structure, not the main hotel which the county since gated or put fencing around. But, in any case, my client bought this property in August of 2'16. I'm now a part of that client. I'm unaware if there were any stipulated settlements. We were aware that there was a code citation. Union Road bought -- applied for a notice of commencement or had a contractor start boarding this property in October of 2'16 in order to address the code issues. The property was boarded as far as all of the openings; however, we took a couple of months to get that boarding permit, which we did in October, because we were trying to decide whether we should just tear this down and start fresh with this November 17, 2017 Page 32 three-acre parcel building or not. We decided we'd rather do the restoration. We had a pre-application meeting with the county and our civil engineer, Robau & Associates, prior to November 30th, because our intentions were to go get the civil, get the architectural plans done, submit for permits, and do renovations. We had hoped to have those plans done by the first quarter of 2017 and submit. We applied for a demo permit in early 2017 as part of the restoration effort, and during that demo permit, we removed the boarding from the windows, we took all the cornices and the decrepit roof pieces, other than the roof deck itself, off of the building, took out all the windows on the building, took the doors off of the building. So what you have today is just an open-air shell. The walls are up. The floor slab's up. The roof deck's up. There's nothing else in that building anymore. There's no walls. There's no bathrooms. There's no wiring. There's no plumbing. Anyway, all that was preparation for the restoration. The shell remains. We took care of what -- at least from our perspective, removed some of what the original concerns were in the original citation, which were dangerous and damaged things. The building is still there. It's still open. In any case, the civil engineer submitted -- we finished the civil and architectural plans in the first quarter of -- excuse me -- early second quarter of 2017. The civil submitted their plans on the 5th July in the county. As of November 17th, the plans have not been approved. The Greater Naples Fire Department and the Community Improvement District for Port of the Islands are still arguing for the last four months about what our source of water will be for the fire sprinkler system inside the building. Community Improvement District insists that we use recycled, and Greater Naples Fire Department insists that we use November 17, 2017 Page 33 potable water. So we're unable to move forward on the completion of the work we want to do until that's resolved. It's really secondary to the code thing, but I want you to understand it's not that we don't intend to finish the project and that we're ignoring it. We're a little frustrated on that part of it. The property is open, so it's not boarded currently. We think it's a safer situation than it previously was. If the Code Enforcement Board feels that we should -- fines aside, if we should re-board the windows and the openings, we'll be happy to do that until we get the permits on hand. But we pulled them off thinking we'd have permits for building, civil site approval, and be able to do the restoration work much sooner than we have. CHAIRMAN KAUFMAN: You know, I remember this case from way back when -- MR. TATEO: It's an ancient one. CHAIRMAN KAUFMAN: -- where this property was purchased by, I think it was, two realtors who were going to do some work on it. They had a problem with parties being held in the location, with the pool being a problem there, which I think that was -- MR. TATEO: Robert, may I add something? MS. NICOLA: I think this is a different house. I think this is the one that was the building next to the party house. CHAIRMAN KAUFMAN: Next to the one. MR. TATEO: This is an important distinction because there were two -- I don't know if they were real estate guys or -- MS. NICOLA: Yeah. MR. TATEO: -- they're definitely investors that buy regularly. They bought these properties at an auction, and it included the old Port of the Island motel and the one that's subject to today's hearing, which November 17, 2017 Page 34 was a dormitory building with 32 hotel rooms in it, which is what Union Road -- what we subsequently bought. The two speculators sold us the little dorm building. We paid them for that. That's what paid -- resulted in the $2,000-odd fine being paid at our closing; however, the main hotel building, they couldn't flip that to anybody. They couldn't get relief from the Community Improvement District for the fines, so they theft it alone. The county now owns it. You've put a fence around it, okay. But we're not related to that project. CHAIRMAN KAUFMAN: Okay. What I recall on this particular building is that the person who was boarding it up had offered to buy it. That was part of the case that we heard at that time. MR. TATEO: Correct. CHAIRMAN KAUFMAN: He offered to buy it. I remember there were fines imposed, then he backed out, the contractor. I don't know if you're that contractor or -- MR. TATEO: There may have been another party prior to us. We did close on it and did, within 60 days of closing, board it up. CHAIRMAN KAUFMAN: Okay. The people -- so it was not boarded when you got it? MR. TATEO: Uh-uh; was not. CHAIRMAN KAUFMAN: Okay. Well, obviously we're not here to rehear the case. MR. TATEO: No. You're not here to rehear the case. You've basically got a fine thing and situation. I want -- my client -- Union Road, us, now, has invested over $86,000 in the civil, the demo, the architectural plans, and related items, so -- and besides the purchase price. That's independent of that. Our intention is to go finish that project. We just may not -- we're not going to be able to get it done till we get permits. But if you need to impose fines, we'll be back to you for some November 17, 2017 Page 35 relief at some date when we get the project done. MS. CURLEY: I just have a comment. I find it frustrating as a citizen of Collier County that the fire districts are -- can't find a solution for your water. That's -- MR. TATEO: It's not that they -- MS. CURLEY: I'm glad you shared that with me, but I just want you to know that that pains me to know that that's been a pending issue. MR. TATEO: I don't really know who to point the fingers at, frankly. MS. CURLEY: Someone -- MR. TATEO: But the community district has -- THE COURT REPORTER: I can only get one at a time. MR. TATEO: Sorry. MS. CURLEY: Anyways, I just wanted to make that comment, because if he could go drill his own well to move past this, and with this permit, I'm sure he would do that. So that's an understandable delay. We don't like delays here, and I understand that. But I do remember one thing I wanted to add is that this is very close to a residential neighborhood, so somebody's looking at this skeleton building which was peeled apart since January; so almost a year. So just imagine looking out your lanai and seeing this from the nice neighborhoods, Flamingo Estates or whatever it's called out there. This is not desolate in the middle of nowhere? MR. TATEO: May I speak for a second? CHAIRMAN KAUFMAN: Sure. MR. TATEO: Susan, with regard to the proximity of the neighborhoods, the nearest condominiums to this is a project called Orchid Isle, and it is probably, from this building, approximately 250 to 300 yards. In between this building and Orchid Isle is the old hotel that's fenced up and derelict. That, they surely see. I'm not sure that November 17, 2017 Page 36 they actually see this. This is on the way out to the shooting range and the community district's water and sewer treatment area. CHAIRMAN KAUFMAN: Okay. Let me get us back on track. MR. TATEO: Thank you. CHAIRMAN KAUFMAN: The issue that you have with water or building -- MR. TATEO: That's just part of the delay; secondary. CHAIRMAN KAUFMAN: -- is something that you would need to work out either with an attorney or with the county commissioners or -- I don't even know if they have jurisdiction over the fire people, but we certainly don't, so let me put that aside. If I were in your shoes, I would probably be asking for some additional time to resolve the situation that's out there. Go ahead, Gerald. MR. LEFEBVRE: I have a couple questions. First of all, is there any way to erect a fence on this property that would -- first of all, you're going to have a construction site, so you're going to want to secure it ahead of -- MR. TATEO: We're happy to do what needs to be done. MR. LEFEBVRE: So that's number one. That would resolve -- it won't take care of the blight, but it will take care of anyone getting into the property. And any idea on when this issue is going to be resolved between the improvement district, I think you said, and the fire -- MR. TATEO: Right. It's Port of Isles Community Improvement District and the Greater Naples Fire Department. We're trying to schedule a hearing. The attorney for the Community Improvement District has, just as of November 7th, I believe, or 8th, had a letter to us that said, okay, look, now, if you guys want to use potable water out there, you can do it, but you're going to have to install new pumps, new this, this, this. That's probably another 30- to $40,000. For a 16-unit project, that's not really the right -- we don't think it's the right solution November 17, 2017 Page 37 anyway. My point is we want resolution. We've ask the civil to organize a meeting between the fire district, the Community Improvement District, and get some resolution. MS. CURLEY: So I will say -- excuse me. If you have a permit that's not approved yet, he would have to amend that permit for his construction fence. So I don't know that -- it would be nice if we could ask him to do that -- MR. TATEO: I think -- we haven't applied for actual construction permits until we got the civil issue resolved, so there's -- the architectural plans have been done since April. Anyway, we'll be happy to put a fence up. CHAIRMAN KAUFMAN: Let me go back to what we have in front of us. We have -- this is an imposition of fines. We're not here to rehear the case. We can grant a continuance on this; we could impose the fines. Those are the things that we can do at this stage. MR. LEFEBVRE: Or an extension. CHAIRMAN KAUFMAN: Or the county can pull this and bring it back at another time. Those are some of the options that are in front of us right now. What's the best option going forward? MR. LEFEBVRE: I still have another question. If a permit is pulled, they're still in violation, correct? So until they get a CO and everything's fixed, they're still going to be in violation? MR. MUCHA: Yes, sir. MR. LEFEBVRE: Okay. So if we put this six months down the road, maybe we can do -- my suggestion may be extension of time, fines keep on accruing, and with an update maybe three months down the road to see where they're at. I'd like to see how -- how long do you think it will take for construction? MR. TATEO: If you asked me that before the hurricane, I would have told you this is probably a four- to five-month project. November 17, 2017 Page 38 MS. CURLEY: Now it's a year and a half. MR. TATEO: I'm not sure what it is now just because of the labor demands and stuff. MR. LEFEBVRE: Right. MS. CURLEY: So is there any sheriff activity out there after the county took over that hotel, or has that been shut down? I mean, is this place -- is this section of town still on the party house website where all the kids go and have raves and things, or is that discontinued? MR. MUCHA: No, I know they're very active with the hotel. I haven't heard anything about this particular building. I know the hotel's been a problem still. MS. CURLEY: Still? MR. TATEO: I'm not sure -- well -- how they're getting in. We're -- your point is that you all have a code hearing and you need to take one of your appropriate situations. CHAIRMAN KAUFMAN: Those are the actions we can take, so... MR. TATEO: With regard to the petitioner, we'll stand by your decisions. CHAIRMAN KAUFMAN: So if we were to -- a suggestion -- grant a 180-day continuance, and during that period of time we would expect to see some progress on something, whether you resolve the issue you have with the water or whatever, and prior to the 180 days, if you came back and said, this is what we've done, this is where we're at, and we need more time to complete the project, the Board has always looked favorably at that, and I'm sure we would again. We don't want a blight out there. MR. TATEO: Neither do we. CHAIRMAN KAUFMAN: And we don't want the county to incur the cost of taking over additional property that they have to maintain, et cetera, like they did with the hotel. So having said all that November 17, 2017 Page 39 -- MR. LEFEBVRE: I think the option of imposing the fine should be taken off the table. You have acted in good faith to try to get this project moving forward. It isn't simply just a house, a single-family house. So I think the option of imposing the fines will negatively impact you, and you wouldn't come in front of us at that point. You would go in front of the Commission. MR. TATEO: The full Board. MR. LEFEBVRE: Right, the Board of County Commissioners. So I think it should be kept within this board here. So a continuance, the fines will still -- CHAIRMAN KAUFMAN: Uh-huh. MR. LEFEBVRE: Okay. I make a motion that we continue this case for 180 days and in 90 days you come back with an update. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a second. Any other questions on the motion? MR. ASHTON: I have a question. When you purchased -- I'm looking -- MR. TATEO: Yes, Robert. MR. ASHTON: You paid the fine of 2,000-some-odd dollars, did you know that this other fine was sitting on there? MR. TATEO: We knew that the fine was accruing, but I didn't handle that part of it. All I know is that the attorneys on the closing told us that the only fine that was on the property was the $2,000. MS. CURLEY: Was that Mr. Shapiro? MR. TATEO: Pardon me? MS. CURLEY: Was that Mr. Shapiro? MR. TATEO: Mr. Shapiro was the buyer, the original buyer from the auction, or representing the original -- I don't know that he November 17, 2017 Page 40 was the buyer. He was or was involved with, as a representative, for the people purchasing. CHAIRMAN KAUFMAN: I think that's all beside the point. We have a motion and a second to grant a 180-day continuance. Any other comments on the motion. (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have six months. Prior to the six months, in 90 days come back and say, we resolved our water problem, we didn't, or whatever it is. MR. TATEO: As a quick item. What's the process? Do I need to come and ask for a hearing in 90 days? CHAIRMAN KAUFMAN: You talk to Joe after -- MR. TATEO: Okay. Thank you. CHAIRMAN KAUFMAN: -- and he'll get you the -- MR. TATEO: Thank you very much. CHAIRMAN KAUFMAN: -- best advice. MR. LETOURNEAU: Put it on the agenda. MS. NICOLA: This isn't something that's going to need to be in the order, right? You guys are just going to re-notice it for them to come in 90 days? I want to make sure that I draft the continuance motion properly. It's just going to say continued for 90 days but November 17, 2017 Page 41 without -- I'm sorry -- continued for 180 days but nothing in the order about the 90 days? MS. ADAMS: No. After 90 days they'll put it on the agenda under reports. MS. NICOLA: Right. CHAIRMAN KAUFMAN: Okay. How are your fingers? THE COURT REPORTER: Good. CHAIRMAN KAUFMAN: Thank you for asking. MS. ADAMS: Okay. The next case that we have someone present is going to be Item 6A3. It's Case CELU20170004265, 11222 Tamiami, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone. MR. PURCIELLO: Yes. My name's Stephen Purciello. I'm the Agent for the owner of the property. CHAIRMAN KAUFMAN: And you have the owner's permission to represent him? MR. PURCIELLO: Yes, I do. I submitted an email to John before about it. CHAIRMAN KAUFMAN: Okay. Okay. So before you read this into the record, Joe, you are obviously here to request something? MR. PURCIELLO: Yes, I guess, respond to what our plan is to move forward to resolve this, yes. CHAIRMAN KAUFMAN: Why don't you tell us now, and then -- MR. PURCIELLO: Okay. The issue with this, that there's been a container, you know, improperly on the property, resulted from -- we applied for a building permit for fire sprinklers. There's been a lot of delays with the Site Development Plan. We've been working with an engineering firm, with the fire November 17, 2017 Page 42 sprinkler company. There's been a lot of unexpected delays. So we finally had to redraw a complete survey, which I have with me today, that they're now going to resubmit the sprinkler permit, and the -- I think they call it an insubstantial change to the SDP, I think, has been the issue. So kind of, preemptively, when they delivered the sprinkler pipe thinking that was moving forward when they first applied for the permit, there was a container placed on the lot next door to the property, which the owner owns that, thinking it would only be there for a couple weeks. And then as things got delayed, because of the wait, we weren't able to move the container. So it looks like there's still going to be more time to get the permit, so the resolution is -- I have a letter from McDaniel Fire Protection. They're going to move the pipe into the building, and we can move the container, and that's within the next two weeks, so... CHAIRMAN KAUFMAN: Within the next two weeks? MR. PURCIELLO: Yes, sir. I have a letter signed by McDaniel that they'll do it. And they won't let the owner or anybody else move the pipe because of possible damage. So they need to do it themselves, you know, inventory everything and move it in, so... CHAIRMAN KAUFMAN: Wait. This violation was the container. There's no mention of a pipe. MR. MUCHA: It's just strictly about the storage container. MR. LEFEBVRE: The pipe's in the -- MR. PURCIELLO: Yeah. The sprinkler pipe is in it. That's the reason for the container, to protect the pipe. CHAIRMAN KAUFMAN: Okay. Yeah, the container. MS. CURLEY: Got it. CHAIRMAN KAUFMAN: If you think you can get this done in two weeks, I have no problem postponing this, or you can pull it and November 17, 2017 Page 43 bring it back, whatever -- in January. MR. LETOURNEAU: Okay. Yeah, that sounds good. The county will withdraw it until January. Kerry will send you out another notice. MR. PURCIELLO: Appreciate it. MR. LETOURNEAU: You know that the fines are continuing to run at this point, though? CHAIRMAN KAUFMAN: Right. MR. PURCIELLO: Yeah, understood. CHAIRMAN KAUFMAN: Yeah. You're going to have to come back one way or the other. Even though -- if you resolve this in two weeks -- MR. PURCIELLO: Right. CHAIRMAN KAUFMAN: -- the fines are still there. By the way, when you do resolve it, let Code Enforcement know so they can come out, inspect it, and then the verbiage on this would say the violation has been abated -- MR. PURCIELLO: Okay. CHAIRMAN KAUFMAN: -- et cetera. And then you can come back in front of the Board and say, we took care of it. Can you do anything with the fines, or whatever you propose to say. Okay. Joe? MR. MUCHA: Just one quick thing. The operational costs have not been paid, though, from before. CHAIRMAN KAUFMAN: Ah. MR. MUCHA: If we can get those paid. It's $66.69. MR. PURCIELLO: I'll make sure they take care of it. I'll request it. CHAIRMAN KAUFMAN: When? MR. PURCIELLO: I'll call them right now. CHAIRMAN KAUFMAN: Okay. You can hold this in -- well, November 17, 2017 Page 44 if you don't get it by next week -- MR. LEFEBVRE: The county withdrew it. CHAIRMAN KAUFMAN: Okay. MR. PURCIELLO: And can he pay that online? Because he's out of state. CHAIRMAN KAUFMAN: Talk to Joe. He'll fill you in on how it can be paid. Probably a credit card or whatever. All right. Thank you. MR. PURCIELLO: Thank you. MS. ADAMS: Okay. The next case that we have someone present is Item 6A5, Case CESD20160011175, Maria O. Jimenez. It will be just a second. Joe needs to get his paperwork. CHAIRMAN KAUFMAN: Okay. Your fingers are still okay? THE COURT REPORTER: Yes. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone, and bring it down a little. You can move it. There you go. MS. JIMENEZ: My name is Maria Jimenez, sorry. Maria Jimenez. CHAIRMAN KAUFMAN: Okay. And you're here -- let me ask you first. You're here to request something? MS. JIMENEZ: Because I had the matter in the past, and I couldn't be done with my matter with construction on time because -- and then I received the letter to be down here again. Yes, I want to request more time for my -- to be done with my construction. CHAIRMAN KAUFMAN: Okay. As far as I can read, you had a lanai that was converted to living space. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: Is somebody living in there? MS. JIMENEZ: No. November 17, 2017 Page 45 CHAIRMAN KAUFMAN: And this was, almost to the day, a year ago. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: What's happened in the past year? MS. JIMENEZ: We were -- I was waiting for the plans, for the permit, because we -- they submit the plans, and they reject it. Sorry for my English. And after that, now they have the second review, and they submit the plans again on August 14, 2017, and now I'm waiting. CHAIRMAN KAUFMAN: So we don't have any permits either? MR. MUCHA: There was a couple permits that were applied for. One's voided out, and one's expired at this point. CHAIRMAN KAUFMAN: Okay. And the last permits that were applied for were in August? MR. MUCHA: I believe so. MS. JIMENEZ: Yes, I have everything here. MS. CURLEY: And you're saying that's expired, Joe? MR. MUCHA: The last one is expired at this time. CHAIRMAN KAUFMAN: The one that was applied for in August? MR. MUCHA: Yes, sir. MR. LEFEBVRE: How could that be expired if they just -- MR. MUCHA: Because I think it was -- let me grab my computer real quick. MS. CURLEY: It was rejected. MR. LEFEBVRE: It was rejected? MS. CURLEY: Yeah, probably. And it's for 90 days, and then it expires. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. I've got a permit that was applied for -- MR. MUCHA: It was actually applied for April. November 17, 2017 Page 46 MR. LETOURNEAU: Applied for in April. It's been -- it's in reject status, so -- CHAIRMAN KAUFMAN: Doesn't exist. MR. LETOURNEAU: So it probably needs some updates to the Building Department in order for it to get pushed through and issued. Did you get a rejection letter? MS. JIMENEZ: Yes. MR. LETOURNEAU: Okay. MS. JIMENEZ: I don't have it here, but I know that they reject it. MR. LETOURNEAU: Okay. MS. CURLEY: So what did you do in August? You said you put another permit in in August. I'm confused by what you said. MS. JIMENEZ: Yes. In August 14, 2017, they submit the permit again, the plans. CHAIRMAN KAUFMAN: Who is "they"? MS. JIMENEZ: The Sarmiento Company. MS. CURLEY: So we're not seeing that, right, guys? MR. MUCHA: So what I'm seeing here is the corrections were submitted in August and rejected again, and nothing's been submitted since. CHAIRMAN KAUFMAN: Okay. So from what I understand -- I'll just summarize it -- you applied for permits; they were rejected. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: They updated them or whatever and resubmitted them in August. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: And they were rejected again. MS. JIMENEZ: I didn't know that. CHAIRMAN KAUFMAN: So what are you waiting for now if those were rejected? MS. CURLEY: One question. Is this an owner/builder, or she November 17, 2017 Page 47 has a contractor helping her? Because it seems like she is speaking on behalf of the contractor, and he's not telling her the right thing maybe. MR. MUCHA: Let me double-check this. MR. LETOURNEAU: It's an owner/builder. MS. CURLEY: Okay. So who submitted those? You? MS. JIMENEZ: No, no, no. MS. CURLEY: But you're the owner? MS. JIMENEZ: I'm the owner, but someone is doing this one for me; Sarmiento's Company. MR. MUCHA: Is that Octavio? MS. JIMENEZ: In Naples. MR. MUCHA: Octavio? MS. JIMENEZ: Yes. MR. MUCHA: Octavio. He does a lot of them, helps. CHAIRMAN KAUFMAN: Okay. He's a licensed contractor? MR. MUCHA: Yes, sir. MS. CURLEY: But it's still her responsibility as the owner/builder. MR. MUCHA: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. So now in August -- September, October, November -- three months ago, you had put in, and they were rejected, and you are waiting now for what? MS. JIMENEZ: No. What I know is that in -- they submit it, and they are waiting for the building office, a official. CHAIRMAN KAUFMAN: Okay. Let me stop you there and -- just so I can keep everything in order. MS. JIMENEZ: Yes. CHAIRMAN KAUFMAN: And, Joe, so you're saying that it was rejected in August? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: So waiting for something is not November 17, 2017 Page 48 going to happen? MR. MUCHA: No. The ball's in her court now. MR. LETOURNEAU: I've got why it was rejected here. They needed an elevation certificate for the existing building, and the finished floor elevation on plans does not match the finish floor elevation on the submitted elevation certificate. So they need to fix those two items. CHAIRMAN KAUFMAN: Okay. Do you understand? MS. JIMENEZ: My understanding is that when they submit the plans the first time, they rejected it, and they were asking for that many papers, you know. And after that, they submit again, the second time, in August 14, 2017, and they now are waiting for the building official, is my understanding. CHAIRMAN KAUFMAN: Okay. And what they're saying is that it was submitted in August and rejected for those reasons. So if you're waiting for something, you're going to have a long wait. MR. LETOURNEAU: Let me clarify. It was submitted in April; it was rejected in April. They resubmitted, and it was re-rejected in August. MS. CURLEY: Excuse me, Jeff, and Chair. MR. LETOURNEAU: Sorry. MS. CURLEY: Danny, I think that we're having a communication issue. Would you mind -- can we assist her with -- MR. LETOURNEAU: No. We -- MR. BLANCO: I'm not allowed to translate. MS. CURLEY: We stated it three or four times. MR. LETOURNEAU: No. We can't -- we can't assist her with a code enforcement employee; I'm sorry. MS. JIMENEZ: I'm sorry. MR. CURLEY: Can we get an interpreter? MS. JIMENEZ: I think -- I think -- I understand everything, but I November 17, 2017 Page 49 think I'm a little lost with the Sarmiento Company then. I understand what he's telling me that in August they rejected the plans again. MR. LEFEBVRE: Correct. MS. JIMENEZ: I understand perfect. CHAIRMAN KAUFMAN: Okay. MS. JIMENEZ: But the problem is that he told me that it was submitted, and they didn't tell me that it was rejected in August. MS. CURLEY: But it is your job as the owner on this permit to manage that timeline. That's your job. MS. JIMENEZ: Yes. MR. MUCHA: I can reach out to Octavio myself and see if he can help her out. CHAIRMAN KAUFMAN: Okay. Do you want to delay this? Do you want to -- MS. JIMENEZ: Let me ask something. CHAIRMAN KAUFMAN: Sure. MS. JIMENEZ: Can I have a permit, a little more time, to deal with this problem? CHAIRMAN KAUFMAN: Well, the problem that we have in front of us is that nothing is happening right now. You don't have a permit, and you can't wait for something that's been rejected. They're not going to issue a permit until it's been -- the information has been provided to the county. So what Mr. Mucha said is, what you're being told by Octavio may not be accurate, so he will reach out to Octavio and find out what's going on, and we can reschedule this hearing for a later date. MS. JIMENEZ: Okay. I understand. MR. LETOURNEAU: Okay. For the record, once again, Jeff Letourneau. We will withdraw this case until the January hearing, but I will say that if nothing's done by then, we won't withdraw it again. It will November 17, 2017 Page 50 be up to the Board to make a decision. CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: Well, and also -- I mean, the stipulation agreement that was signed last year gave her four months. I'm looking at a stipulation agreement that was signed November 18th, 2016, where she agreed to 120 days to manage all this. Well, she didn't come back 120 days later. She's come back 300 days later and asking for more relief, right? MR. LETOURNEAU: The county will withdraw it until January. CHAIRMAN KAUFMAN: Okay. Case closed. Okay. So Mr. Mucha can speak to you out in the hall and relay what we just decided or what the county decided, and we can go from there. I don't disagree with you. MR. LETOURNEAU: Joe has the next case also, so... CHAIRMAN KAUFMAN: Okay. We can take a couple minutes. MS. JIMENEZ: Okay. Thank you. MS. ADAMS: Mr. Chairman, did you want to take a break then? CHAIRMAN KAUFMAN: Yeah. Let's take five minutes. Let's see. It's 17, that would make it 22. Let's make it 25. (A brief recess was had.) CHAIRMAN KAUFMAN: Okay. Jeff, back to your seat. I'd like to call the Code Enforcement Board back to order. MS. ADAMS: The next case will be Item 6A7. Case CESD20160016422, Farman Ullah. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone. MS. ULLAH: Sieda (phonetic) Ullah. CHAIRMAN KAUFMAN: Okay. And you are here to say something, I'm sure. That's why you're standing there, so... November 17, 2017 Page 51 MS. ULLAH: I'm here to speak on behalf of my mom, Farman Ullah. And she just needs extended time for this, because we just got this property as part of a divorce settlement. And I didn't know this was going on or anything. So we'll get permits, whatever that's needed. CHAIRMAN KAUFMAN: Okay. Let me just take a look through here a little bit. MS. CURLEY: When did the property transfer? MS. ULLAH: Probably, like, a week ago. MS. CURLEY: Okay. So we -- we see the case was in N-a-j-e-e-b. Was that her ex-husband's first name? MS. ULLAH: Uh-huh, yes. MS. CURLEY: And that was in 2016. We don't even have the new deed, do we? MS. ADAMS: It's your packet. It's in the Board's packet. It was recorded September 1st. CHAIRMAN KAUFMAN: Okay. This one goes back to June. Code board issued a finding of fact, violation of the ordinance. MS. CURLEY: Okay. So who is Lorena Martinez? MS. ULLAH: That's one of the persons that they hired to put it together. CHAIRMAN KAUFMAN: To put what together? MS. ULLAH: The deed, the Quit Claim Deed together. MS. CURLEY: It's recorded, but it's never going to show up. There's mistakes in it. So that's going to be bothersome to her. MS. NICOLA: I was actually thinking the same thing on this. MS. CURLEY: The deed's got a lot of mistakes on it, so it should have a -- MS. ULLAH: Well, this was quickly, for her to be on the property, but there's a -- MS. CURLEY: But when there's a -- if she has to go file permits November 17, 2017 Page 52 and stuff, this is not going to work for her. Just -- MS. ULLAH: That's fine. I'll get in touch with the lawyer and take care of all that. MS. CURLEY: Because this person, Lorena Martinez, is not an attorney. MS. ULLAH: No. They hired somebody. I have no idea who, but yeah. MS. CURLEY: She's not allowed to prepare that form; Lorena. CHAIRMAN KAUFMAN: Was the remodeling on this strictly Sheetrock, or is this -- MR. MUCHA: Yeah, removing drywall and insulation, yes, sir. MS. CURLEY: Okay. Was it, like, repair to stuff that was wet, or was it maintenance and repairs? MR. MUCHA: I think it was, like, a whole interior remodel. I don't think it was to do with -- because of damage or anything. CHAIRMAN KAUFMAN: You mean to include electric and plumbing and -- MR. MUCHA: It doesn't mention in the permit anything about electric or plumbing. CHAIRMAN KAUFMAN: Okay. MS. ULLAH: To my understanding when I called -- I don't know. Where they give you permits, they said there was some kind of issue with the mold or something like that. So I don't even know how much work was done there. So I have to know what kind of permits to get and stuff. That's why I'm asking for more time. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Have the operational costs been paid? MR. MUCHA: They've not been paid. CHAIRMAN KAUFMAN: Well... MS. CURLEY: So this is going to be a learning experience for you. You're very nice to help out your mom, but it's going to take November 17, 2017 Page 53 some time. So if you ask for an extension of time, we need to at least prepare her -- CHAIRMAN KAUFMAN: We won't recognize anything unless the operational costs are paid. You understand -- the operational costs on this are -- we have computers. It used to be easier. MR. MUCHA: $65.36. MS. CURLEY: It would really be better if we didn't recognize her as the owner. CHAIRMAN KAUFMAN: Yeah. The previous operational costs are $65.36. The operational cost for today is 59.42. MS. CURLEY: I mean -- CHAIRMAN KAUFMAN: When there is no -- when the operational costs are not paid, then we don't do anything with the case other than impose the fine. MS. CURLEY: So let me ask you, is your mom living there? MS. ULLAH: No. It's a rental property. MS. CURLEY: Oh. MR. LEFEBVRE: Are you willing to pay the previous operational costs of 65.36 and the operational costs for today, 59.42? Today? MS. ULLAH: Thirty-five hundred and -- MR. LEFEBVRE: No, no, no. MS. CURLEY: $65 and $59. MS. NICOLA: $120, something like that. MS. ULLAH: Yeah, that's fine. MS. CURLEY: So does your mom understand that when she got this property she owes $26,000 in fines on it? MS. ULLAH: She got it as part of a divorce settlement. So we have no idea what's attached to it, so... MS. CURLEY: So she got a debt? MS. ULLAH: Yes. There's a lot of things we have to figure out. November 17, 2017 Page 54 If this is $100,000, I'll pay it. MS. NICOLA: My guess is you guys could look at the financial affidavits that were filed in the divorce to see whether the husband disclosed the existence of the fines. And my guess is -- and I hate to guess -- it's probably not on there. MS. ULLAH: No. He left the country, so there's no -- none of that. MS. NICOLA: There you go. CHAIRMAN KAUFMAN: Okay. So what you need to do -- MS. CURLEY: I wouldn't have taken it. CHAIRMAN KAUFMAN: -- in my estimation, is to pay the operational costs, and then what we would need to do was to give you an extension of time. I do not recall this case back in August. Was this a stip? MS. CURLEY: I do. Who was here in August? You weren't. CHAIRMAN KAUFMAN: I was, obviously. MR. CURLEY: Who spoke on behalf of your mom? MS. ULLAH: My mom wasn't the owner at the time. MR. LEFEBVRE: She wasn't the owner. MR. ASHTON: She wasn't the owner. MS. NICOLA: Actually, in looking at the order, nobody appeared at that hearing, so we entered the order without anyone present. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Why would someone be here when a month later it was going to be transferred? MS. NICOLA: Right. MR. LEFEBVRE: No reason to be here. MS. NICOLA: In all honesty, everybody, I see a bigger problem with this deed. The deed says Clay County on it. And they're going to have some trouble with this Quit Claim Deed. November 17, 2017 Page 55 MS. CURLEY: Well, technically, she doesn't really own the property. I mean, you might recognize it because there's something filed, but the tax assessor's not going to put -- no way. It doesn't even list the county on the deed. CHAIRMAN KAUFMAN: So where we are right now is -- MS. CURLEY: It says Naples, Florida. CHAIRMAN KAUFMAN: If you are willing to pay the operational costs, and that's about $120, I would certainly recognize a motion from the Board to grant an extension of some time. The place is unoccupied right now? MS. ULLAH: There's a tenant in there. CHAIRMAN KAUFMAN: Oh, there is a tenant in there. MS. CURLEY: Who's collecting the rent? MS. ULLAH: Right now my mom is. CHAIRMAN KAUFMAN: That's the good news. MS. ULLAH: Yep. CHAIRMAN KAUFMAN: Okay. So are you willing to pay the operational costs today? MS. ULLAH: Yes. CHAIRMAN KAUFMAN: Okay. So let's just assume that you have just paid it. And are there any comments or motions from the Board? MS. CURLEY: I'm speechless. CHAIRMAN KAUFMAN: Hearing none, let me -- I'll make a motion, and I'll make the motion because -- for two reasons: Number one, I think the fines of $26,000 for Sheetrock appears to be maybe a little bit high, but I would like to give the respondent and her mother time to resolve all of this. You're probably going to have to get an attorney or at least a title company to resolve the situation. Our next meeting isn't until January, but I would go even farther than that. Let's see. So our meeting in March -- November 17, 2017 Page 56 MS. NICOLA: That would be 120 days. CHAIRMAN KAUFMAN: Right. MS. CURLEY: Well -- CHAIRMAN KAUFMAN: But I would expect that in March you'd come back here -- and you'd have to come back because the fines are still accruing -- and say this is what the situation is. The title has been cleared up, and it's in your mother's possession and all of that stuff. And then you could, at that time, request the fines to be abated or to be reduced, et cetera. That would be, to my way of thinking, the best way we can go. So my motion is to grant a continuance for 120 days. Fines continue to accrue. MR. DOINO: Yeah. I would second that. MR. LETOURNEAU: I'd like to say something. For the record, Jeff Letourneau, Collier County Code Enforcement. We -- this case is in regards to a lack of a demolition permit to remove the drywall and whatever. I'm looking at the pictures. Is everything back up now? I mean, is the mouse normal, or is it -- MS. ULLAH: The house is perfectly normal. MR. LETOURNEAU: Okay. The problem's going to be, on top of everything else, they're going to have the get the demolition permit, county inspector's going to go in there, and he's going to see everything put up there, which would have required a building permit on top of everything. So they're going to run into that issue. That's going to -- that's going to even be worse than what we're looking at before. So you're asking for -- the county wouldn't be objecting to an extension at this point just because they got this, you know, property -- CHAIRMAN KAUFMAN: An extension rather than a continuance? MR. LETOURNEAU: Continuance. I mean -- CHAIRMAN KAUFMAN: I mean, at that fine right there -- November 17, 2017 Page 57 MR. LETOURNEAU: Because, I mean, they took on this burden probably unknowingly and, you know, to the county's opinion it's probably unfair to keep fining them. CHAIRMAN KAUFMAN: Let me -- to my way of thinking, an extension erases the fine completely. MR. LETOURNEAU: Which -- are you guys against that? CHAIRMAN KAUFMAN: I'd like to hear what the Board has to say. MS. CURLEY: Well, you have to be mindful that then you're erasing it to the ex-husband, because he still technically owns it. He's going to have to come back to the United States or have a notary re-execute documents. So if he's not available, then this is never going to move forward. You said he left the country. If he's not available at all and unwilling to sign any real documents, then this is dead right here in the water. MS. NICOLA: Well, no. She'd have to do a quiet title action, which is an expensive undertaking to hire an attorney to actually go into court and ask the Court to correct what was done improperly. MS. CURLEY: Yeah. Takes a half a year. MS. NICOLA: I just filed one of those, and it takes -- MR. LETOURNEAU: I would just hate to see them penalized for something that they got stuck with here. MS. CURLEY: But she has to -- I mean, you're right, but legally she doesn't own it even though it's in her name. CHAIRMAN KAUFMAN: Understand. Gerald, do you have a comment? Bob? MR. LEFEBVRE: Well, it looks like you're in school. College, correct? MS. ULLAH: I already graduated. MR. LEFEBVRE: Graduated. I was going to say, if you're still in school, you're going to have some homework to do over your break. November 17, 2017 Page 58 I think four months is reasonable to come back in front of us and see what progress they made. They're probably going to have to go and get an after-the-fact permit and anything, so hire an architect. So I think four months is enough, and then -- MS. ELROD: Show movement. MR. LEFEBVRE: Exactly. Thank you. Yes. So I guess I second that motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Okay. So I have a -- because we want to be helpful, so the upfront costs to doing all that are substantial to doing all this. Is this -- do you want to -- we don't want to continue something that's going to be a financial burden. MR. LEFEBVRE: This is a rental. They're making money on it. It's an investment. CHAIRMAN KAUFMAN: Okay. Let me -- MR. LEFEBVRE: It's not like they're living there, so -- it's providing income. CHAIRMAN KAUFMAN: We could do an extension, which would erase the fine right now. MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: Let me continue. We could do a continuance, which means the fine would continue to accrue, and then when the respondent comes back, we have the ability to either completely abate or partially abate the fine. So we don't gain anything by doing it today. But I'm sure that the Board would be certainly willing to give every opportunity to reduce the fine or abate it completely. So -- MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So that was -- the motion I had made is for a continuance. MS. CURLEY: So just one more question to the motion. So the November 17, 2017 Page 59 pictures you have show it completely torn apart, but that didn't discontinue the construction. It kept on, and now it's occupied, and it's a residential house? MR. LETOURNEAU: Yeah. The last time we were in there was the beginning of the case, and it's totally stripped down inside. So from what she's saying, they didn't get the demo permit for that, and they just went ahead and remodeled the whole thing. So they're going to have to go -- being that it's a rental property, they're going to have to get a contractor because they can't do an owner/builder, and they're going to have to somehow put together a package where they got the demo and the new permit put together right there. MS. CURLEY: So they ignored -- there was a stop order that was ignored. MR. LETOURNEAU: Yeah. Everything was ignored, yes. MR. LEFEBVRE: But that was under her ex-husband. MS. CURLEY: She was married to him at the time, so it's okay. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. All those in favor? MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. So it carries 5-1. So you have -- A, pay the fine today, and you have 120 days to get the ball rolling on resolving the situation. And I'm sure Mr. Mucha will be glad to help you out telling you what you need to do. It's not impossible. It takes time. If you need more time, come back to the Board. We have no problem granting time as long as you can show November 17, 2017 Page 60 that you're doing something, making progress. So are we all in agreement? MS. CURLEY: No. CHAIRMAN KAUFMAN: Okay. We're -- almost all of us in agreement? Yes. Okay. Thank you. MS. ULLAH: Thank you. MS. ADAMS: The next case is Item 6A8, Case CESD20160007819, Manfred S. Dunker. CHAIRMAN KAUFMAN: Is this Joe's case also? MS. ADAMS: No. Jeff will be doing it. CHAIRMAN KAUFMAN: Oh. You don't want to work Joe too hard. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. DUNKER: My name is Manfred Dunker. CHAIRMAN KAUFMAN: You may want to put it up. You're taller than -- okay. There you go. Very good. MR. DUNKER: Okay. CHAIRMAN KAUFMAN: You're here, obviously, to request something, so why don't we turn it over to you right now. MR. DUNKER: Well, I have to apologize to the Board. I was here in January, and I promised to get the ball rolling and get in line with the proper inspections for the modification of a bathroom that I have done. And I had some health issues, and then I kind of lost track of the whole thing. And so I'm a month behind, and I need to get the process going and the inspections. MR. ASHTON: Mr. Chairman, the operational costs have not been paid, the previous ones. CHAIRMAN KAUFMAN: Ah. Yeah, nothing has been paid on this, the operational costs. November 17, 2017 Page 61 MR. DOINO: 64.59. CHAIRMAN KAUFMAN: 64.59, plus today's are 59.35. MR. DUNKER: I can pay that right now. CHAIRMAN KAUFMAN: You can pay that? MR. DUNKER: Yes. MS. CURLEY: Are you living here? MR. DUNKER: Yes, I do, most of the time. CHAIRMAN KAUFMAN: Okay. This was a year and a half ago, and this was for a demolition of a bathroom, I guess. MR. DUNKER: Yes. CHAIRMAN KAUFMAN: You took out the Sheetrock, the plumbing, et cetera? MR. DUNKER: Yeah. We switched sides from -- the faucets and everything was on the left and on the right and, you know, we moved to the left, and the bathtub is now on the other side, so -- MS. CURLEY: Was it unlicensed, Jeff? MR. LETOURNEAU: Contractor licensing was involved. I don't believe they got any contractor involvement. It doesn't look like it in the case notes, so -- but it was initiated through contractor licensing. CHAIRMAN KAUFMAN: Is this a single-family or a condo? MR. DUNKER: It's single-family. MS. CURLEY: Did you do this work yourself? MR. DUNKER: Most of it was ourself. Some of it was -- yeah. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. Well, a year and a half has gone by. If we were to give you more time, how much time do you need to get this thing all done? MR. DUNKER: It depends a little bit on the findings of the inspectors when they come in, because we need to inspect according to the information on the computer, drywall modifications, and plumbing November 17, 2017 Page 62 modifications. CHAIRMAN KAUFMAN: So you have a building permit? MR. DUNKER: No, I didn't. CHAIRMAN KAUFMAN: Then you don't get any inspections until you have a building permit to begin with. So you're starting from square one. MR. LETOURNEAU: I believe a permit was issued at one point, but it was expired in June of 1917 (sic). So I think, yeah, you'd have to get that reactivated. MS. NICOLA: 2017, right. MR. LETOURNEAU: Yes, 2017. Did I say, "19"? MR. LEFEBVRE: Yeah. Living in the past. MS. NICOLA: It's been a long morning. MS. CURLEY: So do you anticipate hiring a contractor to do this work for you, or are you going to continue to do this on your own? MR. DUNKER: Well, the work is essentially finished. You know, I'm living in the place. And so I need to get the county inspectors in and check the work that has been done, and then it depends on what the findings of the inspectors are whether I need a contractor. CHAIRMAN KAUFMAN: Okay. Let me explain this again. MR. DUNKER: Yeah. CHAIRMAN KAUFMAN: You have to have an active building permit -- MR. DUNKER: I understand. CHAIRMAN KAUFMAN: -- for the inspections to occur. MR. DUNKER: Right. CHAIRMAN KAUFMAN: Okay. MR. DUNKER: Yes. CHAIRMAN KAUFMAN: So the permit that was issued expired in June. November 17, 2017 Page 63 MR. DUNKER: Yes. CHAIRMAN KAUFMAN: You have to get that reactivated, number one. MR. DUNKER: Yes. CHAIRMAN KAUFMAN: Number two, since the work is done, you probably need to have this done by affidavit. Am I making sense? MR. LETOURNEAU: I can't speak for what the Building Department's going to need. Sometimes they might just have him open up a section and look at it maybe through the drywall. I'm not really sure. That would be up to the Building Department, though. CHAIRMAN KAUFMAN: Was there electrical and plumbing involved? Obviously plumbing if you moved a bathtub. MR. DUNKER: Plumbing above ground and some electrical, yes. MR. LETOURNEAU: It could be a possibility that they would now require an affidavit, but they might just have him open up a section of the wall and take a look at some stuff. CHAIRMAN KAUFMAN: Well, when you're dealing with plumbing and electrical, you know, safety and health always pops into my head. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: This bathroom you're currently using? MR. DUNKER: Yes. CHAIRMAN KAUFMAN: And we typically don't permit that either. I don't know how you'd police that, but... MR. LETOURNEAU: We'd police it by getting an inspection and a CO from the Building Department. I mean -- MR. LEFEBVRE: Do you think you can get this all done in 90 days, even if you have to hire an architect to do what they call -- to get an after-the-fact permit. November 17, 2017 Page 64 MR. DUNKER: Yeah. As best I can tell, everything's working. So if we have to open the walls, you know, that can be done, and it can be closed. I believe everything else should be -- will be found to be okay, but -- MR. LEFEBVRE: I make a motion that we continue this for 90 days. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. You have 90 days to get this thing resolved, and you'll need to come back here one way or the other because you -- by the way, in your motion, I'm assuming that you're going to pay the -- MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: -- the operational costs today. MR. LEFEBVRE: That is part of the -- absolutely. CHAIRMAN KAUFMAN: That's part of the motion. Okay. MR. DUNKER: Yes. CHAIRMAN KAUFMAN: Because right now the fines that -- November 17, 2017 Page 65 have accrued to $41,000. So if you want that dollar figure modified, you're going to have to come back before us. MR. DUNKER: Yes. CHAIRMAN KAUFMAN: And you can expect that number will be bigger in 90 days also, because you're going to have 90 days times $200 a day added to that. MR. DUNKER: Yeah. CHAIRMAN KAUFMAN: Okay. That's where we stand. Okay. Thank you. MR. DUNKER: Thank you. CHAIRMAN KAUFMAN: Okay. Gerald has to leave right now. We still have a quorum. (Mr. Lefebvre left the boardroom for the remainder of the meeting. MS. ADAMS: Okay. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: I've got the next one, too. CHAIRMAN KAUFMAN: You do. MR. LETOURNEAU: I do. CHAIRMAN KAUFMAN: Kerry, what's the next one? MS. ADAMS: The next item is Item 6A10, Case CESD20150015459, Frances Poole. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you bring the microphone down. There you go. So you are here to request something? MS. STUCKY: Yes, sir. Yes, I'm Deborah Stucky representing my mother, the homeowner, Frances Poole. CHAIRMAN KAUFMAN: Okay. And? MS. STUCKY: And we are here to request an abatement of our fines due to a non-permitting concern issue that has all been taken care of. November 17, 2017 Page 66 CHAIRMAN KAUFMAN: Okay. I see that the violation has been abated, and the previously assessed operational costs have been paid. Do you have any comments, Jeff? MR. LETOURNEAU: The county has no objection to anything that you want to grant these people. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MS. CURLEY: I'll make a motion -- MR. DOINO: Make a motion we abate. MS. CURLEY: -- to -- is that the right word? CHAIRMAN KAUFMAN: Well, when you do this, make a motion, if you're going to abate the fine, that you deny the county's ability to impose a fine. MS. CURLEY: I make a motion to deny the county the ability to impose a fine, and I thank this person for being the first one today that came with her account up -- with her violation completed. CHAIRMAN KAUFMAN: Okay. MS. STUCKY: Thank you. CHAIRMAN KAUFMAN: And do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Okay. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. November 17, 2017 Page 67 MS. STUCKY: Thank you. MR. LETOURNEAU: Thank you. MS. CURLEY: First one all day. CHAIRMAN KAUFMAN: A good day's work. MS. ADAMS: There's been one other change to the agenda. Item 6A9, Case CESD20150002237, Edward M. Miller and Brittany L. Miller, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Which brings to us? MS. ADAMS: Do you need to vote on the change to the agenda? CHAIRMAN KAUFMAN: Okay. Take a motion to -- MR. DOINO: Make a motion to -- CHAIRMAN KAUFMAN: -- modify the agenda. MR. DOINO: -- modify the agenda. MR. ASHTON: Second. CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. ADAMS: Okay. The next item on the agenda is Item 5C9, Case CEPM20170007397, Laker Investment Management, Incorporated. MR. BOLZANO: Good morning. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: We're back to the Cs. MR. ASHTON: Number 9. CHAIRMAN KAUFMAN: I'm not slow; the computer is. November 17, 2017 Page 68 MR. BOLZANO: You tell me when you're -- MS. CURLEY: Where is it? CHAIRMAN KAUFMAN: 5C9, C9. MS. CURLEY: Got it. CHAIRMAN KAUFMAN: This is Laker Investment; is that correct? MS. ADAMS: That's correct. MR. BOLZANO: Correct. CHAIRMAN KAUFMAN: Okay. Let the record show that there is no respondent present. This is loose sewer caps, okay. MR. BOLZANO: Correct. Good morning. CHAIRMAN KAUFMAN: Why don't you present. Good morning. MR. BOLZANO: For the record, Investigator Frank Bolzano, Collier County Code Enforcement. This is in reference to Case No. CEPM2017000397 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228, Subsection 1. Violation is of broken/loose sewer caps that are not seated or sealed correctly in need of repair and/or replacement being a safety and health hazard. Located at 4500 Golden Gate Parkway; Folio 35980440001. Service was given on August 28th, 2017. I would like to now present evidence in the following exhibits: Three photographs. The first photograph was taken on 4/27/2017. CHAIRMAN KAUFMAN: Okay. We need a motion to accept the photographs. MR. ASHTON: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? November 17, 2017 Page 69 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BOLZANO: The second photograph was taken on August 1st, 2017. CHAIRMAN KAUFMAN: While you have it up there, why don't you explain what we're looking at. MR. BOLZANO: Basically what we're looking at right now is what they've done is they've actually taken plywood and, it covered the tops of the open sewer caps or broken -- the sewer caps have actually collapsed inside. There's two of them. It's a duplex, multifamily. So you're looking at one open sewer cap, and then they've covered two of them. And in the next picture you'll see clearly the three that are opened up. MR. LETOURNEAU: Frank, was this picture -- this one we see up now, was this taken yesterday? MR. BOLZANO: No, that was taken 4/17. MR. LETOURNEAU: Okay. MR. BOLZANO: Actually, excuse me. I'm wrong. That was taken yesterday. MR. LETOURNEAU: Okay. MR. BOLZANO: They covered that up. You're right. Sorry about that. Excuse me. On 4/27/2017, the original -- on my first site visit, that's what I came across. And as you can notice, you'll see three sewer caps, two have fallen inside, and they are both broken and definitely in need of November 17, 2017 Page 70 repair. And then, again, I went back on August 1st after being in contact with Laker Investments and Joe Houston, and it shows the same. This is a little bright, but you'll see the opening of the sewer caps and how they've pretty much almost fallen into the sewer system. And the next is an aerial photograph that I obtained from the Property Appraiser's Office that shows the property. And -- now this case originated on April 27, 2017, as a public complaint. The complaint was concerned with unsecured sewer caps that looked to be either replaced -- that needed to be replaced or in need of repair. A site visit was made on April 27th, 2017. And while I was on site, I observed damaged and unseated/unsealed sewer caps that -- and that they were definitely in need of replacement and repair. Through the Property Appraiser's website, I found that Laker Investments had recently bought the property and, through research, I was able to find that Mr. Joe Houston was the contact person for Laker Investments. At that time I made contact with Mr. Houston, and during our discussion I was told he had a construction crew on site, and the sewer caps would be corrected that day. CHAIRMAN KAUFMAN: What day was that? MR. BOLZANO: That was actually -- that was on -- CHAIRMAN KAUFMAN: That's in April. MR. BOLZANO: That's back in April. CHAIRMAN KAUFMAN: Okay. That's close enough. MR. BOLZANO: I'm just trying to get the exact date for you. Actually it was on -- yeah, in April. CHAIRMAN KAUFMAN: Okay. MR. BOLZANO: And then I kept in contact with him through May and June 5th, again, I spoke with him again -- and, however, as of yesterday, the violation still remains, and I have been unable to contact November 17, 2017 Page 71 his office or the registered agent for the company of Laker Investments. CHAIRMAN KAUFMAN: When you spoke to him, he said he had a construction crew there to take care of it? MR. BOLZANO: They would take care of it, and through the notes and speaking with him, he had gone through three different contractors. And there was a stop work order at one point on the property and -- because of other issues that they were having on this duplex. But the case that I'm dealing with, with the sewer caps, he said that they were going to be abated and come into compliance, and he has become -- CHAIRMAN KAUFMAN: Missing in action. MR. BOLZANO: -- rogue. MS. CURLEY: Is he -- do you know, is he a realtor? Is he an attorney? Who is this person; do you know? Is this -- MR. BOLZANO: The registered agent is the -- is an attorney. MS. CURLEY: Okay. MR. BOLZANO: And I went to her office, left my business card, spoke with her secretary and did not receive any response, and this was just recently. Mr. Houston, his office has changed twice now. And I've been to both offices, and I have yet to actually be in physical contact with him. It's just over the phone. And now the phone number that I originally had with him is now disconnected. So now I'm trying to find what business he's at, and I can't find him. MS. CURLEY: So can you serve the registered -- can you forward this documentation to the registered agent? Because if she's an attorney, she'll have to take action on it. If we can't find him, when she gets it, she'll have to take action, or she'll remove herself. CHAIRMAN KAUFMAN: Before we do that, we need to find out whether a violation exists or not. November 17, 2017 Page 72 MR. ASHTON: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you tried to reach them, you couldn't reach them. And the notice was given by certified mail? MR. BOLZANO: Yes, sir. CHAIRMAN KAUFMAN: Property was posted? MR. BOLZANO: Property was the posted, courthouse was posted, and regular mail, certified mail, and I also tried to make personal service with Mr. Houston and the registered agent. Unsuccessful at all of them. MS. CURLEY: Is the property currently rented? MR. BOLZANO: No. It's a duplex. It's a multifamily that they're redoing over, and it basically has stopped. They've gotten to a certain point, and it just seems like the job has come to a standstill for whatever reason. I don't know what. MS. CURLEY: And, I'm sorry. When you say sewer, are those septic tanks, or is that county sewer -- CHAIRMAN KAUFMAN: Sewer. MS. CURLEY: County sewer? MR. LETOURNEAU: No, I believe that's septic. November 17, 2017 Page 73 CHAIRMAN KAUFMAN: Septic. Okay. Well, to my way of looking at this, this is certainly a safety and health. Someone can fall in there. MS. CURLEY: Is the fence completely around the back of that property where we can see in your photographs? Is that back of that property secured? MR. BOLZANO: That is Toucan Alley from the back of the property, and it's wide open. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. So we have a case that's a safety. So when someone makes a motion on this, take that into consideration that this needs to be addressed immediately. MS. NICOLA: Can I make one point of clarification, sir? I'm looking at the notice of violation, and in the notice of violation it says that the registered agent is Joseph Houston. Can you tell me who the registered agent is? You said she's an attorney. MR. BOLZANO: Jane Yeager. MS. NICOLA: Jane Yeager, thank you. Because I think that in the order we should provide notice to both of them. MS. CURLEY: Yes. CHAIRMAN KAUFMAN: All right. So would someone like to take a -- do you have a suggestion for us to begin with? MR. BOLZANO: First of all, definitely, I would -- to contact or notify Jane Yeager, the registered agent. Oh, excuse me. Excuse me. CHAIRMAN KAUFMAN: Yeah, make it bigger. MR. BOLZANO: Yeah. Description of violation: Loose sewer caps not seated correctly and in need of repair/replacement. Recommendation: The Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days and abate all violations. November 17, 2017 Page 74 MR. LETOURNEAU: Continue. MR. BOLZANO: I don't have a date. CHAIRMAN KAUFMAN: Yeah. We'll fill in the blanks. MS. CURLEY: So there's no permits on this? Open permits? New permits? Nothing? MR. BOLZANO: No. CHAIRMAN KAUFMAN: I don't even know if you need a permit to cover that. That's a -- MR. LETOURNEAU: Once again, for the record, Jeff Letourneau, Collier County Code Enforcement. I believe that that septic system, from previous cases, is shot, and that they're going to need, like, a whole new -- CHAIRMAN KAUFMAN: Removal. MR. LETOURNEAU: A whole new sha-bang, yeah. MR. CURLEY: And that's why they're not doing anything, because it's expensive. CHAIRMAN KAUFMAN: That doesn't stop somebody from stepping there and falling in, though. MR. LETOURNEAU: Yeah. However, they could do some remedy to fix that up where it's not a safety issue. CHAIRMAN KAUFMAN: Well -- and something more substantial than throwing a piece of plywood over it. MR. LETOURNEAU: Yeah. We would go by whatever -- you know, if they didn't get the permit, whatever the building official told us that they could do other than that, that's what we would go by at that point. CHAIRMAN KAUFMAN: Okay. So would -- can you move that up so we can see the bottom of that? MS. ADAMS: That is the bottom. CHAIRMAN KAUFMAN: That is the bottom, okay. Would someone like to take a stab at filling in the amount and days? November 17, 2017 Page 75 MR. ASHTON: I'll try it. Recommend that the Code Enforcement orders the respondent to pay the 59.49, obtain all Collier County building permits, inspections, certificate of completion, and repair and replace sewer caps within seven days, or a fine of $200 a day will be imposed. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. DOINO: Second that. CHAIRMAN KAUFMAN: Okay. I think that's more than generous on a safety and health. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, thank you. You're going to notify the attorney? MR. LETOURNEAU: I'll make sure we notify everybody involved with this case. CHAIRMAN KAUFMAN: Okay. And -- MR. LETOURNEAU: And, obviously, we'll post the property and whatever phone calls we can make. CHAIRMAN KAUFMAN: Great. MS. ADAMS: The next item on the agenda is Item 6A6, Case CESD20150024661, Theodore Canales. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. November 17, 2017 Page 76 CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. This is in reference to CEB Case No. CESD20150024661. The violation's of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 1402 Orange Street in Collier County. Folio number is 30681960005. Description is renovating the interior and exterior of a single-family residence prior to the issuance of a building permit. Past orders: On August 26th, 2016, the Code Enforcement Board issued a findings of fact and conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR5311, Page 1595, for more information. On January 25th, 2017, a continuance was granted. See the attached order of the board, OR5359, Page 3973, for more information. The violation has been partly abated as of October 25th, 2016. Fines and costs to date are as follows: Part B of the order, fines have accrued at the rate of $150 per day for the period from September 26th, 2016, to October 25th, 2016. CHAIRMAN KAUFMAN: Can I stop you there for one second. Can you just, in summary fashion, tell us what Part B and Part C is? MS. PEREZ: Looking at the order, Part B, which was the fines accrued at the rate of $150 per day from September 26th, 2016, to October 25th, 2016, for 30 days, for a total fine of $4,500, and that was the respondent was ordered to abate the violation by obtaining all required Collier County building permits or demolition permit on or before September 26th, 2016, or a fine of $150 would be imposed for each day the violation remained. CHAIRMAN KAUFMAN: So from what you said right there, they did get the building permit? November 17, 2017 Page 77 MS. PEREZ: They did obtain a building permit. CHAIRMAN KAUFMAN: Okay. That's Part B. Okay. Gotcha. MS. PEREZ: And then Part C, fines have accrued at the rate of $115 per day. CHAIRMAN KAUFMAN: $150. MS. PEREZ: Sorry -- $150 per day for the period from December 25th, 2016, to November 17, 2017, 328 days, for a total fine amount of $49,200. The fines continue to accrue on Part C of the order. Previously assessed operational cost of $128.34 have been paid. Operational costs for today hearings are $59.63. Total amount is $53,759.63. CHAIRMAN KAUFMAN: So I assume they got the building permit. They just never finished the work to where a CO was issued, and that's why the balance of the fine is still accruing. MS. PEREZ: That's correct. They did apply for a permit on August 23rd, 2016. It was issued to them on November 8th, 2016. And they called in three inspections; they were approved. They had an insulation, a sheer wall, and a framing inspection all pass, but after that they didn't do any continued work to finish the remaining nine missing inspections, and the permit expired on October 22, 2017. CHAIRMAN KAUFMAN: I'd like the record to show that the respondent is not present today. MS. PEREZ: Yes. I did actually speak to Mr. Canales this morning, and he has been here in the past when we requested the continuance and with the initial hearing. He said he had been out of town, and he recently, you know, came into town. He doesn't live at this location, which is where we post our notice, and he said he wasn't aware that he had today's hearing. He explained that his contractor -- it took him so long. He requested that continuance because his contractor about a year ago had November 17, 2017 Page 78 had a bad accident, recently had been ill. Mr. Jackie Williams is his contractor. I know that with the hurricane, Mr. Jackie Williams has been very preoccupied pulling different permits for people out in Immokalee with their mobile homes and some electrical issues. I did also talk to Jackie this morning. He is out of town this weekend, but they were going to touch base on Monday. So I explained to Mr. Canales that I didn't know if you would, you know, grant him any additional time, but that we would still continue to work with him, and if his lien was imposed, we would guide him as to what he needed to do to go before the commissioners, you know, if he wished to request for his fines to be reduced in the future. CHAIRMAN KAUFMAN: The reason that he's not here today is? MS. PEREZ: He said that he had been out of town. He just recent returned, and he was not aware that he had -- I guess he didn't receive the hearing packet, or he didn't read it. CHAIRMAN KAUFMAN: You spoke to him when? MS. PEREZ: This morning, 30, 40 minutes ago. CHAIRMAN KAUFMAN: Oh, okay. Any comments from the Board? MS. ELROD: He wasn't noticed at his residence? Only the property was noticed? MS. PEREZ: Yeah. I don't believe he lives in Immokalee. And this home is a home that -- he says the only reason why he was refurbishing it is because his wife and I -- him and his wife, this was the first home that they purchased when they were 16 years old and got married. So they haven't sold it. And he wanted to refurbish it for it to be something that, you know, maybe when he comes into town and, you know, just wants to stay in Immokalee, he would have that residence. He has no intentions of selling it but, unfortunately, because November 17, 2017 Page 79 he is not an owner-occupied dwelling, he has to depend on a contractor to finish it up. He did tell me that he has not finished paying the contractor to complete all the work, so that's been part of the hault as well. MR. LETOURNEAU: We did post the actual property and the courthouse and sent certified and regular mail to his address of record, which is not this property. So I don't know why he didn't receive it. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Fort Myers. CHAIRMAN KAUFMAN: Okay. Well, obviously this has been going on for a year, over a year. I think the clock has run out on this one. MS. PEREZ: I did share those thoughts with him. CHAIRMAN KAUFMAN: Anybody like to make a motion on this? MR. ASHTON: Make a motion that a violation exists. CHAIRMAN KAUFMAN: Well, no. This is imposition. MR. ASHTON: I'm sorry. I make a motion that the fines be imposed. MR. DOINO: Yes, second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fines. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. November 17, 2017 Page 80 MS. PEREZ: Thank you. MS. ADAMS: Okay. And the last case on the agenda is Item 6A11, Case CESD20150011320, Kelly Baker. (The speaker were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. This one was abated. You want to read through it, Joe? MR. MUCHA: Well, I spoke to Mrs. Baker yesterday. For the record, Joe Mucha, Collier County, and she was unavailable to come to the hearing. She's out of the area right now, but she -- the county would have no objection to waiving these fines. MR. LETOURNEAU: She did request that she wanted the abatement. MR. MUCHA: Right. She wasn't able to be here but, yes, she would have been here if she was in the area. CHAIRMAN KAUFMAN: So this was abated in August. Okay. And the fines -- MR. MUCHA: All the ops costs have been paid. CHAIRMAN KAUFMAN: Yeah. Fines accrued till August, 318 days. And this was a single-wide mobile home and utility shed. Okay. I understand. Do you want to read through all of this for the record? MR. MUCHA: Sure. Sure, I can. This is a -- the original violation is of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The violation location is 259 Gladys Court. Folio No. 01132480005. Description was 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. Past orders: On May 26th, 2016, the Code Enforcement Board November 17, 2017 Page 81 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, OR5278, Page 2558, for more information. On October 28th, 2016, a continuance was granted. See the attached order of the board, OR5330, Page 2999, for more information. On February 23rd, 2017, a continuance was granted. See the attached order of the board, OR5368, Page 3571, for more information. The violation has been abated as of August 7th, 2017. Fines have accrued at a rate of $200 per day for the period from September 24th, 2016, to August 7th, 2017, 318 days, for a total fine amount of $63,600. Previously assessed operational costs of 65.43 have been paid. Operational costs for today's hearing is $59.70. Total fine amount $63,659.70. CHAIRMAN KAUFMAN: Okay. Anybody like to take a -- make a motion on this? MR. ASHTON: I have a question. I mean, this goes all the way back to May of 2016, and all she had to do was get permits and inspections? MR. MUCHA: It was -- MR. ASHTON: Am I correct? MR. MUCHA: I mean, this is in the Copeland area, so I think she was having a hard time -- it took her a long time to find a contractor that was able to help her out, and I think there was some financial issues as well. MS. CURLEY: Yes, there was. And the mobile home had been exchanged years before, right? MR. MUCHA: I believe so, yes. MS. CURLEY: So where are we? CHAIRMAN KAUFMAN: I'm looking for a motion. November 17, 2017 Page 82 MS. CURLEY: I would like to make a motion to -- I don't want to say -- CHAIRMAN KAUFMAN: Deny? MS. CURLEY: -- deny the county any fines associated to this case. I remember this woman, and she's started and finished this, which I'm thankful for. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Second it. CHAIRMAN KAUFMAN: Okay. We have a motion to deny the imposition of fines by the county, and we have a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Okay. So it's 4-1, right, okay. All right. Thanks, Joe. MR. MUCHA: Thank you, sir. MS. ADAMS: The next item on the agenda is the consent agenda, the request to forward cases to the County Attorney's Office. You all should have a memo there in front of you. CHAIRMAN KAUFMAN: Do you need a motion for that? MS. ADAMS: Uh-huh. CHAIRMAN KAUFMAN: Okay. Give me a motion to forward. MR. DOINO: Make a motion to move forward. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. MS. CURLEY: I second the motion. November 17, 2017 Page 83 CHAIRMAN KAUFMAN: To forward the -- MS. CURLEY: The November 17th, 2017, foreclosure authorization memo. CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ASHTON: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Are we done for the year? MS. ADAMS: Yep. The next hearing is January 26th, 2018. CHAIRMAN KAUFMAN: 2018. I'll be writing 2017 through March, I guess. MS. CURLEY: Make a motion to adjourn. CHAIRMAN KAUFMAN: We have a motion to adjourn. MS. ELROD: Second. CHAIRMAN KAUFMAN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:19 a.m. November 17, 2017 CODE ENFORCEMENT BOARD r- • ,O) • 44 RT • •'I AN, CHAIRMAN These minutes approved by the Board on (TeNn leiloig, as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 84