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CEB Minutes 01/26/2018January 26, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida January 26, 2018 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 James Lavinski (Excused) Gerald Lefebvre Lionel L'Esperance Herminio Ortega (Alternate) Kathleen Elrod (Alternate) ALSO PRESENT: Tamara Lynn Nicola, Attorney for the Board Kerry Adams, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Danny Blanco, Administrative Secretary S&& ty Growth Management Department Code Enforcement Division Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 26, 2018 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: CEVR20170005696 OWNER: Iglesia Cristiana La Roca Inc OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 3.05.01(B). Observed removal of vegetation and exotic species with the use of heavy mechanized equipment on improved occupied Estates Zoned Property. FOLIO NO: 36617680007 VIOLATION 13415 Collier Blvd,Naples ADDRESS: 2. CASE NO: CESD20170004033 OWNER: Domestic Holdings LLC OFFICER: Jon Hoagboon 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). Alterations made without first obtaining any and all required Collier County Permits. FOLIO NO: 00282085500 VIOLATION 4535 Domestic Ave,Naples ADDRESS: 3. CASE NO: CEVR20170001594 OWNER: Highland Prop of Lee and Collier OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 3.05.01(B). Observed recent clearing of vegetation by apparent mechanical means on unimproved Planned Unit Development Property. FOLIO NO: 00406720007 VIOLATION No Site Address ADDRESS: 4. CASE NO: CESD20160009893 OWNER: Joseph J Mantegna and Verla R Mantegna OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a).Lanai enclosed and requires sprinkler head,permits required. FOLIO NO: 79872001585 VIOLATION 8620 Cedar Hammock Cir,Unit 1116,Naples ADDRESS: 5. CASE NO: CEPM20170010243 OWNER: Jean J.Decembre and Yoland J.Domond OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-231(12)(n). Observed a poorly maintained aluminum pool cage missing screening and aluminum support posts in the rear yard of improved occupied residential property. FOLIO NO: 35771000003 VIOLATION 4257 17th Ave SW,Naples ADDRESS: 6. 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, Sections 22-231(12)(c), 22-231(12)(i), and 22-228(1). Unsecure dwelling, roof in disrepair, garage door in disrepair. FOLIO NO: 26430200001 VIOLATION 4000 Gali Blvd,Naples ADDRESS: 7. CASE NO: CESD20170011882 OWNER: Calcap LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(I)(a). Observed an in-ground swimming pool and a frame addition existing without obtaining the required inspections and certificate of completion and occupancy on improved unoccupied residential property. FOLIO NO: 35646960003 VIOLATION 4365 23rd Place SW,Naples ADDRESS: 8. CASE NO: CESD20170015272 OWNER: Richard L Sibert and Alana E Sibert OFFICER: Frank Balzano VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and (e). Building and re-modeling without first obtaining a permit. FOLIO NO: 59420000301 VIOLATION 15 Queen Palm Dr.,Naples ADDRESS: 9. CASE NO: CESD20170004459 OWNER: Victoria R Parchment OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Observed unpermitted interior alterations consisting of additional bedrooms and bathrooms on improved occupied single family residential property. FOLIO NO: 35643120008 VIOLATION 2257 41s`Terrace SW,Naples ADDRESS: 10. 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: 11. CASE NO: CESD20160009902 OWNER: Robert T Brown and Bonnie S Brown OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a).Lanai enclosed and requires sprinkler head,permits required. FOLIO NO: 79872001022 VIOLATION 8640 Cedar Hammock Cir,Unit 512,Naples ADDRESS: 12. CASE NO: CESD20160009903 OWNER: William F Warren and Henrietta M Warren OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Lanai enclosed and requires sprinkler head,permits required. FOLIO NO: 79872000528 VIOLATION 8660 Cedar Hammock Cir,Unit 311,Naples ADDRESS: 13. CASE NO: CEOCC20170018674 OWNER: 2059 Tamiami Trail East LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws, Chapter 126, Article IV, Section 126-111(b). Operating a bar, dance hall, night club, and entertainment business prior to obtaining a Collier County Business Tax Receipt. FOLIO NO: 77510080006 VIOLATION 2059 Tamiami Trail E,Naples ADDRESS: 14. CASE NO: CESDSD20170016553 OWNER: Guixian Wu OFFICER: Frank Balzano VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and (e). Building and re-modeling without first obtaining a permit. FOLIO NO: 50880006025 VIOLATION 623 Palm Dr.,Naples ADDRESS: 15. 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: 16. CASE NO: CESD20160010035 OWNER: F M and G M Hernandez LIV Trust OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a)(e) and (i). Unpermitted buildings constructed on property and do not meet setbacks, two unpermitted large spotlights installed on property. FOLIO NO: 38164840000 VIOLATION 5955 Copper Leaf Lane,Naples ADDRESS: 17. CASE NO: CELU20170006994 OWNER: Donald A Andretta TR,Theresa Andretta TR,and Donald A Andretta LIV Trust OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Outside storage consisting of but not limited to coolers, buckets, wood, cans, also a Recreational Vehicle parked on unimproved property. FOLIO NO: 4122788004 VIOLATION 3965 24th Ave SE,Naples ADDRESS: 18. CASE NO: CESD20170002982 OWNER: Patrick Reilly and Ciaran Reilly OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations commenced prior to obtaining property Collier County Building Permits. FOLIO NO: 28536400004 VIOLATION 248 Countryside Drive,Naples ADDRESS: 19. CASE NO: CESD20160020991 OWNER: Ave Maria Development LLLP OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). An opening created in a separation wall between unit 106 and 107 without first obtaining a Collier County Building Permit. FOLIO NO: 22671004303 VIOLATION 5080 Annunciation Cir,Ave Maria ADDRESS: 20. CASE NO: CESD20170011238 OWNER: Caryn Mary McGrath OFFICER: Jonathan Musse 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). A Mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 VIOLATION 659 Palm Ave,Naples ADDRESS: 21. CASE NO: CESD20170001652 OWNER: Christopher L.Allen and Carolyn Sue Allen OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(A), 10.02.06(B)(1)(E), and 10.02.06(B)(1)(E)(I). Installed five fuel tanks without obtaining required Collier County Permits. FOLIO NO: 246720005 VIOLATION 6265 Shirley Street,Naples ADDRESS: 22. CASE NO: CESD20170010380 OWNER: John T. Loy OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). A shed type structure constructed without first obtaining the authorization of the required permit, inspections and certificate of occupancy as required by the Collier County Building. FOLIO NO: 41040760000 VIOLATION 3410 10t Ave SE,Naples ADDRESS: 23. CASE NO: CESD20170010383 OWNER: Jose A.Duran OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(A) and 10.02.06(B)(1)(E). Structure in the rear yard commenced without first obtaining Collier County Building Permits. FOLIO NO: 24980960000 VIOLATION 1230 Brookside Drive,Naples ADDRESS: 24. CASE NO: CEVR20170008104 OWNER: Madison Park Homeowners Assn OFFICER: Frank Balzano VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 4.06.05(H)(6) and (K)(2). Failure to maintained required landscaping in a healthy condition in perpetuity pursuant to the approved Site Plan and Building Plan in SDP- 2004-AR-6372 for Quincy Square at Madison Park, and failure to replace three required Oak trees located to the left of lots known as 7832, 7836, and 7840 Clemson Street within thirty days of the removal of the trees. FOLIO NO: 56324009401 VIOLATION Clemson St.,Naples ADDRESS: 25. CASE NO: CESD20170002305 OWNER: Immokalee Development Corp OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A)(1)(E). Unpermitted renovation to a vacant dwelling unit contained within a duplex. FOLIO NO: 00132800000 VIOLATION 101 Eustis Ave,Immokalee ADDRESS: 26. CASE NO: CESD20170003732 OWNER: Wilcox Family Investments LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development, 04-41,as amended, Sections 10.02.06(B)(1)(A) and 10.02.06(B)(1)(E). Alterations/Additions commenced prior to obtaining Collier County Building Permits. FOLIO NO: 70921000009 VIOLATION 1147 Parkway Dr.,Naples ADDRESS: 27. CASE NO: CEROW20170001009 OWNER: George J.Sorbara and Jennifer Tarvin Sorbara OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31(a). Existing culvert/drainage system has collapsed. FOLIO NO: 24021600009 VIOLATION 151 Burning Tree Dr.,Naplesi have ADDRESS: 28. CASE NO: CESD20170003393 OWNER: Rock Creek Casita II INC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(A) and 10.02.06(B)(1)(E). Alterations commenced prior to obtaining Collier County Building Permits. FOLIO NO: 24831520007 VIOLATION 1363 Delmar Lane,Naples ADDRESS: 29. CASE NO: CESD20160018329 OWNER: Gerald I Malik and Carlyn J Malik OFFICER: Michele McGonagle 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). Permits 93000169, 930001667, and 2011050538 expired without obtaining required inspections and certificate of completion. FOLIO NO: 67230080105 VIOLATION 6656 Trail Blvd,Naples ADDRESS: 30. CASE NO: CESD20170012456 OWNER: Waste Services of Florida Inc OFFICER: Jon Hoagboon 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). Improvements made without first obtaining any and all required Collier County Permits. FOLIO NO: 274840009 VIOLATION 3706 Mercantile Ave,Naples ADDRESS: 31. CASE NO: CEVR20160013674 OWNER: Mainsail Communities Corp OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 3.05.01(B). Removal of multiple native hardwood trees by Mainsail IV Condominium Association Inc, along Mainsail Drive, thereby making the required Landscape type "D" buffer adjacent to the primary access road Right of Way deficient in composition and number of trees. FOLIO NO: 59430040005 VIOLATION 1371 Mainsail Dr.,Naples ADDRESS: 32. CASE NO: CESD20170013601 OWNER: Boabadilla Family Trust OFFICER: Patrick Baldwin 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). Addition to the south side of the house. Carport addition to north side of the house. Roof Additions to the back or the west of the house. All additions or improvements have been made without Collier County Building Permits. FOLIO NO: 63405120001 VIOLATION 4535 and 4533 Boabadilla St.,Naples ADDRESS: 33. CASE NO: CESD20160018001 OWNER: Bonnie Baker Jones OFFICER: Jon Hoagboon 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). An unpermitted pool and spa with wooden deck attached to neighboring home. FOLIO NO: 46070600009 VIOLATION 24 Golf Cottage Drive,Naples ADDRESS: 34. CASE NO: CEPM20170018436 OWNER: George J.Sorbara and Jennifer Tarvin Sorbara OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(15). Pool not maintained, water green in color. FOLIO NO: 24021600009 VIOLATION 151 Burning Tree Dr.,Naples ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1• CASE NO: CESD20150004083 OWNER: Elba Serrano Morales OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Residence has been converted into three dwelling units each with separate bathrooms and kitchens. Each unit has only one door for ingress/egress. All improvements have been constructed without first obtaining the authorization of the required permits,inspections,and certificate of occupancy and completion. FOLIO NO: 30734120006 VIOLATION 1316 Apple St.,Immokalee ADDRESS: 2. CASE NO: CELU20160010501 OWNER: Anthony V Piccirilli EST OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A), 2.02.03, 10.02.06(B)(1)(A), and 10.02.06(B)(1)(E)(I). Unpermitted alterations to the carport structure resulting in residential use of industrially zoned property. FOLIO NO: 00249120000 VIOLATION 1891 Elsa St.,Naples ADDRESS: 3. CASE NO: CESD20160015133 OWNER: Esmerido Castro OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). New exterior door, a wall-mounted air conditioning unit, partitioned walls and plumbing fixtures installed /added to the existing attached garaged on improved occupied residential property without obtaining a permit. FOLIO NO: 36378000007 VIOLATION 5260 21"PL SW,Naples ADDRESS: 4. 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)(E)(I). Complete remodel of kitchen, master bathroom, bathroom, family room, replaced windows and replaced soffits. All work done without Collier County Building Permits. FOLIO NO: 38051960006 VIOLATION 3875 315`Ave SW,Naples ADDRESS: 5. CASE NO: CEPM20170007397 OWNER: Laker Investment MGMT Inc OFFICER: Frank Balzano 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: 6. CASE NO: CESD20160015129 OWNER: Luis Flores Salceiro and Terra Trust LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(E), 10.02.06(B)(1)(C), and Collier County Code of Laws and Ordinances, Chapter 22, Article IV, Section 22-108. A) Site work, improvement of property, grading and or removal of protected vegetation using heavy machinery without a permit which would allow same. B) Alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the County. C) Damaging native vegetation by the use of heavy machinery to remove exotic and non-native vegetation. D) Work done in the right of way, including a temporary driveway access from Everglades BLVD without first obtaining valid Collier County Permits. FOLIO NO: 41287600004 VIOLATION 2298 Everglades Blvd S,Naples ADDRESS: 7. CASE NO: CEROW20150023031 OWNER: Veronica Tressler,Barbara Dethloff,and Elizabeth Lucky OFFICER: Patrick Baldwin VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction in Right of Way, Division 1, Generally, Section 110-31(a). A culvert drainage pipe in need of repair or replacement. FOLIO NO: 00161080008 VIOLATION 231 Willoughby Dr.,Naples ADDRESS: 8. CASE NO: CESD20140006223 OWNER: Henry Perez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). A vacant unfinished home with an expired permit. FOLIO NO: 39895880008 VIOLATION 2665 Oil Well Rd,Naples ADDRESS: 9. CASE NO: CESD20150019659 OWNER: Filippo Mastrocola OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A). Interior and exterior renovations, windows, kitchen, bathroom, plumbing and electrical work without required permits, inspections and certificate of completion and occupancy. FOLIO NO: 70921360008 VIOLATION 1171 Rainbow Dr.,Naples ADDRESS: 10. CASE NO: CESD20160002817 OWNER: North Naples Properties LLC OFFICER: Jon Hoagboon 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). Unpermitted alterations of an awning in the front of the business. FOLIO NO: 61942520001 VIOLATION 1048 Pine Ridge Rd,Naples ADDRESS: 11. CASE NO: CESD20170003341 OWNER: Eliseo Viamonte OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(A)(E) and (I). Alterations consisting of but not limited to: garage conversion into living space with full bathroom and a door installed in rear for private access, no Collier County Permits Obtained. FOLIO NO: 36321920008 VIOLATION 5428 27th Ave SW,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 EXECUTIVE SUMMARY IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE-THURSDAY FEBRUARY 22,2018 AT 9:00 A.M. XII. ADJOURN January 26, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. Come on down, take a seat, turn off your cell phones, and we're almost ready. Okay, we'll start out with: Residents (sic) may be limited to 20 minutes for case presentation unless additional time is granted by the board. Persons wishing to speak on any agenda item will receive up to five minutes, unless the time is adjusted by the chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need a record of the proceedings pertaining thereto and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And now if we'll all stand for the pledge. (Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: We have quite a crew this morning. But there is one person who's missing, and after many years I'd like to acknowledge, Jim Lavinski has decided to retire from Code Enforcement Board. And he's been great, he's been on the board for years. And we miss him. So I won't have anybody sitting next to me who whistles during the proceedings. He used to whistle and never knew he whistled. So he's probably watching this morning and he'll call me later and yell at me. Okay, why don't we have a roll call now. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. ADAMS: Mr. Lionel L'Esperance? January 26, 2018 Page 3 MR. L'ESPERANCE: 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. MS. ADAMS: Ms. Kathleen Elrod? MS. ELROD: Here. MS. ADAMS: Mr. Herminio Ortega? MR. ORTEGA: Here. MS. ADAMS: Mr. James Lavinski has an excused absence. CHAIRMAN KAUFMAN: Okay. I'm going to skip over for approval of the minutes. Does anybody have any comments or any changes on the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, we need a motion to approve the minutes. MR. DOINO: Motion to approve. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) January 26, 2018 Page 4 CHAIRMAN KAUFMAN: Carries unanimously. Okay, the agenda. We have a few changes, to say the least. MS. ADAMS: Roman Numeral V, Public Hearings/Motion. Letter B, Stipulations, we have seven additions. The first stipulation is Item 5.C.9 on the agenda. It's case CESD20170004459, Victoria R. Parchment. The second is Item 5.C.8, Case CESD20170015272, Richard L. Sibert and Alana E. Sibert. The third is Number 32 on the agenda, Item 5.C.32, Case CESD20170013601, Boabadilla Family Trust. The next stipulation is Item 5.C.25 on the agenda, Case CESD20170002305, Immokalee Development Corporation. The next one is Item 5.C.17, Case CELU20170006994, Donald A. Andretta, Trustee, Theresa Andretta, Trustee of the Donald A. Andretta Living Trust. The next is Item 5.C.23, Case CESD20170010383, Jose Duran. And the last stipulation is Item 5.C.28, Case CESD20170003393, Rock Creek Casita II, Incorporated. Letter C, hearings, Item 5.C.1, Case CEVR20170005696, Iglesia Cristiana La Roca, Incorporated, has been withdrawn. Item 5.C.2, Case CESD20170004033, Domestic Holdings, LLC, has been withdrawn. Item 5.C.3, Case CEVR20170001594, Highland Properties of Lee and Collier, has been withdrawn. Item 5.C.4, Case CESD20160009893, Joseph J. Mantegna and Verla R. Mantegna, has been withdrawn. Item 5.C.5, Case CEPM20170010243, Jean J. Decembre and Yoland J. Domond, has been withdrawn. Item 5.C.6, Case CEPM20170013257, Surinder S. Chandok, has been withdrawn. Item 5.C.10, Case CEPM20170011382, G. Locke Galbraith, has January 26, 2018 Page 5 been withdrawn. Item 5.C.11, Case CESD20160009902, Robert T. Brown and Bonnie S. Brown, has been withdrawn. Item 5.C.12, Case CESD20160009903, William F. Warren and Henrietta M. Warren, has been withdrawn. Item 5.C.13, Case COECC20170018674, 2059 Tamiami Trail East, LLC, has been withdrawn. Item 5.C.14, Case CESD20170016853, Guixian Wu, has been withdrawn. Item 5.C.18, Case CESD20170002982, Patrick Reilly and Sharon Reilly, has been withdrawn. Item 5.C.19, Case CESD20160020991, Ave Maria Development, LLLP, has been withdrawn. Item 5.C.20, Case CESD20170011238, Caryn Mary McGrath, has been withdrawn. Item 5.C.21, Case CESD20170001652, Christopher L. Allen, and Carolyn Sue Allen, has been withdrawn. Item 5.C.22, Case CESD20170010380, John T. Loy, has been withdrawn. Item 5.C.24, Case CEVR20170008104, Madison Park Homeowners Association, has been withdrawn. Item 5.C.26, Case CESD20170003732, Wilcox Family Investments, LLC, has been withdrawn. Item 5.C.29, Case CESD20160018329, Gerald I. Malik and Carlyn J. Malik, has been withdrawn. Item 5.C.30, Case CESD20170012456, Waste Services of Florida, Incorporated, has been withdrawn. Item 5.C.33, Case CESD20160018001, Bonnie Baker Jones, has been withdrawn. Roman Numeral VI, Old Business, Letter A, Motion for Imposition of Fines and Liens. January 26, 2018 Page 6 Item 6.A.8, Case CESD20140006223, Henry Perez, has been withdrawn. And that's all the changes to the agenda. MR. LEFEBVRE: Make a motion to approve. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. By the way, for the board, I've asked Kerry for future meetings to let us know maybe a day or two before the meeting which cases are being pulled so that you don't have to study up on them, if you will. Also, you could probably plan your day. You know, if we have 100 cases, you might not make it to lunch. But other than that, so Kerry's going to send this out a couple of days before which cases are being pulled. Okay? MR. ASHTON: Sounds good. CHAIRMAN KAUFMAN: Okay, Kerry. MS. ADAMS: The first stipulation is Item 5.C.9 on the agenda, Case CESD20170004459, Victoria R. Parchment. (Investigator Lopez-Silvero was duly sworn.) CHAIRMAN KAUFMAN: Give us a minute to scroll down. This is faster now because we have computers. We used to just turn to January 26, 2018 Page 7 a tab; now we have to scroll down through all the cases to get to the right one. MS. CURLEY: No, if you just go to the left column -- CHAIRMAN KAUFMAN: I know, I know, I know. Don't step on my humor. MS. CURLEY: Click. MR. L'ESPERANCE: Click. CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. So you want to read the stipulation -- oh, give us your name and you've been sworn and all the rest of that? INVESTIGATOR LOPEZ-SILVERO: Yes, sir. Good morning. Steven Lopez-Silvero, Collier County Code Enforcement. Therefore is it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits for all unpermitted interior alterations of additional bedrooms and bathrooms, inspections and certificate of completion/occupancy within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County 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, I have a few questions. Number one, this stems back to July. And this was unpermitted January 26, 2018 Page 8 interior alterations, bedroom, bathroom, which includes I assume electric and plumbing? INVESTIGATOR LOPEZ-SILVERO: Yes, sir. Where they're at now, they already submitted a permit application. It's currently rejected pending some corrections. CHAIRMAN KAUFMAN: My concern is a safety concern with electric in a bathroom that hasn't been inspected. Does anybody on the board have a similar concern? MR. ASHTON: Definitely. MR. ORTEGA: Are the wires exposed or is it completed? INVESTIGATOR LOPEZ-SILVERO: It's completed, sir. MR. ASHTON: Yeah, but is it wired properly? I mean, bathrooms, you have to have ground faults. You know, did they do it that way or -- INVESTIGATOR LOPEZ-SILVERO: This project was already completed prior to the purchase of the new owner. CHAIRMAN KAUFMAN: Is there any reason in particular that they never applied for a permit? INVESTIGATOR LOPEZ-SILVERO: According to the new property owner, they were unaware there were no permits. MS. CURLEY: Are they doing it themselves or they hired someone to do it? INVESTIGATOR LOPEZ-SILVERO: No, they're hiring someone. MS. CURLEY: All right. I make a motion to accept the stipulation as noted. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. Any other comments? (No response.) January 26, 2018 Page 9 CHAIRMAN KAUFMAN: All those in favor -- before we vote, Kathleen is the voting member today since we have Mr. Lavinski missing. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. The alternate would be Herminio until the next meeting, and then Herminio is going to be our permanent member. So he doesn't mind not voting today; is that right? MR. ORTEGA: Yes, sir. INVESTIGATOR LOPEZ-SILVERO: Thank you. CHAIRMAN KAUFMAN: Okay. MS. ADAMS: The next stipulation is Item 5.C.8 on the agenda, Case CESD20170015272, Richard L. Sibert and Alana E. Sibert. (Investigator Balzano was duly sworn.) CHAIRMAN KAUFMAN: Good morning. INVESTIGATOR BALZANO: For the board, Code Enforcement Frank Balzano. Therefore, it is agreed between the parties that the respondent shall pay the operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. Abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy January 26, 2018 Page 10 for the unpermitted shed within 90 days of this hearing or a fine of $100 per day will be imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation of the county, 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: Could you just repeat how long they have to get this into complian- -- INVESTIGATOR BALZANO: 90 days. CHAIRMAN KAUFMAN: Can you give us a little background on the case? What, did they remodel a building? INVESTIGATOR BALZANO: This was a shed that was from hurricane damage. It was an outdoor shed that was underneath the carport, probably a 10-by-10, and it had been obviously destroyed. And the contractor they have went ahead and has applied for the permit. CHAIRMAN KAUFMAN: Okay. Any comments from the board? MR. ASHTON: Accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. January 26, 2018 Page 11 MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MS. ADAMS: The next stipulation is Item 5.C.32, Case CESD20170013601, Boabadilla Family Trust. (Investigators Baldwin and Ms. Beth Johnston were duly sworn.) INVESTIGATOR BALDWIN: For the record, Patrick Baldwin, Collier County Code Enforcement Investigator. Therefore it is agreed between the parties that the respondent shall: One: Pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. Two: Abate all violations by obtaining all required Collier County building permits or demolition permit, inspection and certificate of completion/occupancy within 180 days of this hearing or a fine of $200 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 the investigator perform a site inspection to confirm compliance. Four: That if the respondent fails to abate the violation, the county may abate the violation, using any method to bring the violation into compliance, and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Good morning. MS. JOHNSTON: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the January 26, 2018 Page 12 microphone for the record. MS. JOHNSTON: Ms. Beth Johnston. CHAIRMAN KAUFMAN: There are many items that were done on this. Can you give us a quick background? Was this storm damage or -- MS. JOHNSTON: Some of it, yes. Just was built, I don't know, I just -- INVESTIGATOR BALDWIN: Well, this -- the improvements that have been made to the structure have been made many, many years ago. There are several improvements. They've had some hardships and now they're going to buckle down and try to abate all these violations. MS. CURLEY: Do you live there? MS. JOHNSTON: Yes. CHAIRMAN KAUFMAN: Is this going to go via the affidavit to cover the improvements that were made, do you know, or you've hired someone to take care of this? MS. JOHNSTON: My sister-in-law and my brother are going to help and they're going to hire somebody to fix everything. CHAIRMAN KAUFMAN: And you've applied already for the -- MS. JOHNSTON: Not yet. We're getting ready to. CHAIRMAN KAUFMAN: Okay. Comments from the board? MS. CURLEY: Is it all exterior structure additions? INVESTIGATOR BALDWIN: Well, this one room that's built to the southwest of the structure, that appears to be a room. I haven't been inside the structure to see. And I can only see from my legal vantage point. So looking at aerial photos back in 2003, the updates were there. And the owner has owned the house for 20 plus years. MS. JOHNSTON: I mean, I was born and raised in that house. But it's transferred from like my grandparents to my parents to me and my brother and so it's just -- January 26, 2018 Page 13 CHAIRMAN KAUFMAN: Well, if you were born and raised there, it can't be more than like 17 years. MS. JOHNSTON: Thank you. MS. CURLEY: My only concern is there's a lot of backlog with contractors during this time of cleanup because of the hurricane, and I know six months would be normally a generous amount of time, but I just feel it's a disservice to have them come back here in six months and, you know, be fighting a permit in a process that they're unfamiliar with in a home that their family has owned for a long time. So I think it would be helpful if we extended it to nine months, just so they can have a little bit of time to get organized. It's not like this was done recently. INVESTIGATOR BALDWIN: When the complaint came in, they were building an addition to the rear of the structure, the west side. And it was an overhang and no electricity, a roof type structure. That's how it initially came in. MR. ORTEGA: Do you even know if it's being constructed inside a setback? INVESTIGATOR BALDWIN: I do not know, sir. I'm not a -- it's a house that sits on a pond and I'm not quite sure where the setbacks are to the pond. CHAIRMAN KAUFMAN: Well, this started in October. That was, let's see, November, December, January. INVESTIGATOR BALDWIN: Well, then the hurricane. And she can speak on some of the things that might have happened during that time too. CHAIRMAN KAUFMAN: To change the amount of time to come into compliance, we'd have to redo the stipulation that's written. So you may want to reconsider -- MS. CURLEY: That was just a suggestion, but I understand that now that there's -- January 26, 2018 Page 14 MS. NICOLA: I think the board can overturn the stipulation and get a different time frame, if you voted on it, if you make a motion to deny the stipulation and impose a different time period. MS. CURLEY: Well, the extension of time was because I thought these were things that were done a long time ago that they're now having to correct. But when you tell me there was active additions to the house before -- MS. JOHNSTON: Just the one. INVESTIGATOR BALDWIN: It was just the one. MS. JOHNSTON: It was just the one. And when he came and, you know, we talked and everything, it was the end of October. And unfortunately my mother had gotten sick and was in and out of hospitals and she passed away, so I had that unexpected funeral cost. And now with my brother and my sister-in-law moving in that's why, you know, everything's going to start getting back to normal. CHAIRMAN KAUFMAN: Let me suggest. This goes back to October. You've agreed to the stipulation and the amount of time that was in the stipulation. If you can't meet that time and we're getting close to that deadline, you would probably want to come back and let Code Enforcement know that you're working on it, you pulled the permit, this has been done, that's been done, and I'm sure that additional time could be granted. So does that meet with everybody's -- MR. ASHTON: Yeah, I agree. MR. DOINO: Yeah. MS. CURLEY: It's also helpful if he's able to see what's actually going on in there and he can tell us too so we can understand what's happening. MS. JOHNSTON: Okay. MR. LEFEBVRE: Make a motion to approve. MR. DOINO: Second. January 26, 2018 Page 15 CHAIRMAN KAUFMAN: We have a motion and a second to approve. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Again, if you get stuck and you can't make the new date, come back and I'm sure you'll be well served by doing that. MS. JOHNSTON: Thank you. INVESTIGATOR BALDWIN: Thank you. MS. ADAMS: The next stipulation is Item 5.C.25. It's Case CESD20170002305, Immokalee Development Corporation. (Investigator Asaro, Tracy Dewrell and Mara Dewrell were duly sworn.) CHAIRMAN KAUFMAN: Do you want to give us a little background and then read the stipulation so we understand better? INVESTIGATOR ASARO: Okay. Basically they're trying to obtain permits for the alterations that were done to the structure. But the problem is that there's an old permit, an '89 permit, that the county cannot find. So that's holding them up. And they've been trying to resolve this issue for months. So our Reland Paul is insisting them. He's our program coordinator and he's going to be talking to our building official. And I guess they'll have to make the call, the judgment call, to -- if they can't find the permit to cancel it so they can proceed with obtaining a new permit for the alterations. So this has January 26, 2018 Page 16 been the holdup for them. CHAIRMAN KAUFMAN: Okay. If you read the stipulation into the record, please. INVESTIGATOR ASARO: Okay. For the record, Tony Asaro with the Collier County Code Enforcement Board Department. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits for interior alterations to the structure or demolition permit to restore the structure to its original condition, inspections and certificate of completion/occupancy within 90 days of this hearing or a fine of $100 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement Department 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. You think that's sufficient time for Renald to locate or not locate the 1989 permit? INVESTIGATOR ASARO: Well, if the Board would like to extend them more time, I don't think they would have a problem with it. But we hope that would be sufficient time. CHAIRMAN KAUFMAN: Okay. Does your partner in crime have anything to say or he just standing there pretty? INVESTIGATOR MUCHA: I'm good with whatever you guys want to do. MS. CURLEY: I'm confused. So this case, the violation was January 26, 2018 Page 17 discovered a year ago, and so have you guys been looking for the old permit for a year or did they just start getting into the process? INVESTIGATOR ASARO: They've been looking for it I think for almost a year. It's been -- according to the information I got, they still can't find it. CHAIRMAN KAUFMAN: The Inspector General of the United States has been looking -- MS. DEWRELL: They just determined recently that they're going to call it as lost, like they've just been -- CHAIRMAN KAUFMAN: And then they just make the permit go away. MS. DEWRELL: They haven't done that; that's their next plan. CHAIRMAN KAUFMAN: Once the permit is gone you'll be free to -- MS. DEWRELL: Yes, we have everything to get the permit. They just can't -- INVESTIGATOR ASARO: I think they have to get the approval of the building official. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you give them 90 days once the clock starts. After this county decides that they can't find the permit that's a year been looking. MR. LEFEBVRE: 90 -- MS. CURLEY: It's a fire drill for these people. CHAIRMAN KAUFMAN: It's 90 days from today. If you have a problem and you wind up in the bureaucratic baloney, I'm sure you could come back and ask for sufficient time to take care of everything. Is that correct? Anybody want to make a motion? MR. ASHTON: Motion to accept the stipulation as written. MS. ELROD: Second. January 26, 2018 Page 18 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. Good luck. MS. DEWRELL: Thank you. MS. ADAMS: The next stipulation is Item 5.C.17 on the agenda, Case CELU20170006994, Donald A. Andretta, Trustee, Theresa Andretta, Trustee of the Donald A. Andretta Living Trust. (Mr. Donald Andretta, Ms. Theresa Andretta and Investigator Rodriguez were duly sworn.) CHAIRMAN KAUFMAN: Okay. Would you also give us a little overview. Looks like some trash outside or building materials. INVESTIGATOR RODRIGUEZ: It's an RV with some trash surrounding it. Which he was trying to remove it, but he's been having a little bit of an issue because the RV doesn't belong to him. So he's done what -- well, he can explain what he's done trying to get the title to the thing to move it out. CHAIRMAN KAUFMAN: Okay, why don't you read the stipulation in and then we'll have the respondent comment. INVESTIGATOR RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent January 26, 2018 Page 19 shall pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by removing recreational vehicle and all outside stored items located upon unimproved property within 45 days of this hearing or a fine of 150 per day will be with imposed until the violation is abated. Respondent must notify code enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. That if the respondent fails to abate the violation, the county may abate the violation using any methods to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay, good morning. MR. ANDRETTA: Good morning. MS. ANDRETTA: Good morning. CHAIRMAN KAUFMAN: I see that it's on unimproved property. Is this a lot or is this a lot where there's a house, or just a lot with this vehicle on it? MR. ANDRETTA: Just a lot. Just a lot. CHAIRMAN KAUFMAN: Do you have any idea how the vehicle got there? MR. ANDRETTA: The prior occupant of the lot abandoned the vehicle. And we've been trying to get a title for the particular RV. We sent out certified letters which were returned. We went to the Division of Motor Vehicle, and this was returned. Then we put an ad in the local paper. And according to the how to file for an abandoned vehicle, you have to wait 90 days, which we did. Okay. Now when we went back to motor vehicle for them to go to Tallahassee for a new title, they said we have to go to a towing company. So we're getting all kinds of different advice as to what to January 26, 2018 Page 20 do. CHAIRMAN KAUFMAN: But it seems like you've tried to do just about everything -- MR. ANDRETTA: All the due diligence. We've done what we could and we're still at square one. CHAIRMAN KAUFMAN: Have you contacted a towing company? MR. ANDRETTA: Today. MS. ANDRETTA: That's our next step. CHAIRMAN KAUFMAN: Generally you sign an agreement with them, they come out and it's gone. MR. ANDRETTA: That's what we'd like to have done. CHAIRMAN KAUFMAN: I have a concern that we even collect the $59 for the stipulation -- MR. ANDRETTA: Thank you very much. CHAIRMAN KAUFMAN: -- since they -- yes, Jeff? MANAGER LETOURNEAU: If you're going to hear this case, I'd like to hear it as a case. This is a stipulation here. CHAIRMAN KAUFMAN: Okay. MANAGER LETOURNEAU: County definitely has another side of the story, if you want to hear it. I mean, we can do the stipulation or we can withdraw the stipulation right now and we can hear the case. Because you're only hearing one side of the story right now. CHAIRMAN KAUFMAN: Okay. What would be your choice? Do you want us to hear the case; you'll have to wait until it comes into the proper point on the agenda, or would you prefer that maybe we just accept the stipulation? MR. ANDRETTA: Just accept the stipulation. And hopefully we'll get it off the property in time for the 45 days that we have. MS. CURLEY: Is anyone living on that -- in the RV? Is there January 26, 2018 Page 21 anyone occupying that RV or anyone -- MR. ANDRETTA: No. MS. CURLEY: -- else living on that lot? And no power or electric to it? MR. ANDRETTA: No. CHAIRMAN KAUFMAN: It's an RV, it's got wheels. There's no electric, there's no sewer. MR. ANDRETTA: No, there's no -- MS. CURLEY: Is there motor or is it just like a fifth wheel? MS. ANDRETTA: No, it's a fifth wheel. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: Make a motion to approve the stipulated agreement. MR. DOINO: Second it. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. ANDRETTA: Thank you. MS. ADAMS: The next stipulation is Item 5.C.23, Case CESD20170010383, Jose A. Duran. January 26, 2018 Page 22 (Mr. Duran and Investigator Davidson were duly sworn.) INVESTIGATOR DAVIDSON: For the record, Colleen Davidson, Collier County Code Enforcement. 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. Two: Abate all violations by obtaining all required Collier County building permit or demolition permit, inspections and certificate of completion/occupancy within 60 days of this hearing or a fine of $100 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 the investigator perform a site inspection to confirm compliance. Four: That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County 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. Good morning. MR. DURAN: Good morning, sir. CHAIRMAN KAUFMAN: Could you tell us a little bit about what was started? MR. DURAN: Yes. I mean, I started to build a patio in the back of my house and I don't know that I need permit for that. And the officer come around, they say you need permit for that. And I stop keep doing. I went to the county to get a permit to submit. They reject twice. And that's why, you know, I stop, I don't do anything anymore after that. But I decided to demolition and not continue with that. I lost almost $1,000. I pay for the permit $100 and $100 engineer to draw January 26, 2018 Page 23 the plan and they still reject. That's why I want to just demolition what I started. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? MR. ORTEGA: If I may, to what degree is the structure built right now? MR. DURAN: I'm sorry? MR. ORTEGA: How much of the structure is built? MR. DURAN: I started -- MR. ORTEGA: No, no, how much of the structure is built? How much of it have you done so far? MR. DURAN: It's like -- it's not that big, but it's 10-by-16. MR. ORTEGA: But is it already built? Does it have a roof? MR. DURAN: No, no, no, it's not complete. CHAIRMAN KAUFMAN: Is there a slab down? MR. DURAN: No. CHAIRMAN KAUFMAN: So when you say partially built, what's been done? MR. DURAN: Oh, yeah, just the frame of the patio. MR. ORTEGA: But the frame needs to sit on some type of foundation or slab. MR. DURAN: Yeah, that's correct. MR. ORTEGA: Do you have a slab? MR. DURAN: Yeah. MS. CURLEY: Maybe we can ask the -- INVESTIGATOR DAVIDSON: There is a slab and it is at frame right now. The wood is up, the roof is also up, but it's just that wood. CHAIRMAN KAUFMAN: Okay, he's going to take it down, so your stipulation should cover the period of time it takes. Does he need a demolition permit now? INVESTIGATOR DAVIDSON: Correct. I did discuss that with January 26, 2018 Page 24 him outside. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR DAVIDSON: He can continue with the building permit or demolition permit. CHAIRMAN KAUFMAN: Okay. Any other comments on this case? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions? MR. ASHTON: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. DURAN: Thank you, sir. MS. ADAMS: The next stipulation is Item 5.C.28, Case CESD20170003393, Rock Creek Casita II, Incorporated. (Mr. Adam Homan and Investigator Davidson were duly sworn.) INVESTIGATOR DAVIDSON: For the record, Colleen January 26, 2018 Page 25 Davidson, Collier County Code Enforcement Board. 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. Two: Abate all violations by obtaining all required Collier County building permit or demolition permit, inspections and certificate of completion/occupancy for alterations within 60 days of this hearing, or a fine of $150 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 the investigator perform a site inspection to confirm compliance. Four: That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County 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. Good morning. MR. HOMAN: Good morning. CHAIRMAN KAUFMAN: This dates back I guess to March of last year? INVESTIGATOR DAVIDSON: Yes. CHAIRMAN KAUFMAN: I'm reading, the description of the violation was -- it was started prior to any building permits being issued? MR. HOMAN: Correct. CHAIRMAN KAUFMAN: Was a building permit ever issued on this? MR. HOMAN: When I purchased the property -- there was work that was done, you know, prior to when I purchased it. So I went through the process getting affidavits and the permit currently and January 26, 2018 Page 26 trying to get the compliance for the 50 percent FEMA laws. So I've been -- it's been kicked back to me, you know, through these steps. But I think some of the work was preexisting. So I'm trying to get that and make sure everything's in compliance. CHAIRMAN KAUFMAN: Do you think you can meet the dates that you signed on the stipulation? MR. HOMAN: I do. I think the only hurdle left was the FEMA. So most of the work at the house was already finished. It's maybe got 15 percent or less to finish up, so... CHAIRMAN KAUFMAN: Questions from the Board? MS. CURLEY: How are you related to Rock Creek? MR. HOMAN: I'm the owner, or the sole proprietor of Rock Creek. CHAIRMAN KAUFMAN: Mr. Rock. MR. HOMAN: Yes. Creek. Mr. Creek. CHAIRMAN KAUFMAN: Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions? MR. ASHTON: Motion to accept the stipulation as written. MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? January 26, 2018 Page 27 (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Thank you. MR. HOMAN: Thank you. MS. ADAMS: The next case going in order of those that are present is going to be Item 5.C.16 on the agenda. Case CESD20160010035, FM and GM Hernandez Living Trust. MS. CARLONE: I'm her daughter representing her. My name is Lorraine Carlone. (Ms. Lorraine Carlone was duly sworn as interpreter.) (Ms. Gladys Hernandez and Investigator Pulse were duly sworn.) MS. CARLONE: I am -- she's going to -- can I just present this? Because -- CHAIRMAN KAUFMAN: Why don't you wait until -- Dee, we're going to start with the respondent? INVESTIGATOR PULSE: No. CHAIRMAN KAUFMAN: Let the county present their case and then you respond, okay? Good morning, Dee. INVESTIGATOR PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement. This is in reference to Case No. CESD20160010035, dealing with code violation of the Collier County Land Development Code 04-41, as amended. Section 10.02.06(B)(1)(a)and (e) for unpermitted building constructed -- buildings constructed on property and do not meet setbacks. Also two: Unpermitted large spotlights installed on property located at 5955 Copper Leaf Lane, Naples, Florida, 34116. Folio 38164840000. Service was given on December 21st, 2016. I would like to present case evidence in the following exhibits: January 26, 2018 Page 28 Two photos taken by myself on June 16th, 2016, and two photos taken on June 23rd, 2016, and an aerial of the property from property appraiser for the year 2016. CHAIRMAN KAUFMAN: Has the respondent seen the photos? INVESTIGATOR PULSE: No, sir. CHAIRMAN KAUFMAN: Could you show them to the respondent. Dee's going to show you the pictures and you have any objects to them being put into evidence, let us know. MS. CARLONE: No, no objections. I didn't know there was more down there, sorry. Those are the post lights, yes, that's fine. MR. LEFEBVRE: Make a motion to accept the county's exhibits. MR. DOINO: Second that. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR PULSE: Okay, a complaint was received for unpermitted structures too close to the property line. Site inspection and buildings observed as seen in the photos. It was determined that the buildings were in violation and do not meet setbacks required. January 26, 2018 Page 29 CHAIRMAN KAUFMAN: Can I stop you a second? Can you be more specific when you say "structures", since we have the photos up? You want to go back to the first one? Is there anything on this photo that shows what you're -- INVESTIGATOR PULSE: No, these are showing the light poles that have been installed. CHAIRMAN KAUFMAN: Okay. And they were permitted or not permitted? INVESTIGATOR PULSE: No, they have not been permitted. CHAIRMAN KAUFMAN: Are they required to have a permit? INVESTIGATOR PULSE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Next? INVESTIGATOR PULSE: That's another -- there are two light poles on each side of the riding arena. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR PULSE: Okay, the blue structure is one of them. CHAIRMAN KAUFMAN: Approximately where is the property -- are they too close to the -- INVESTIGATOR PULSE: You can see where the berm is. That's approximately the property line. CHAIRMAN KAUFMAN: And the setbacks there are? INVESTIGATOR PULSE: 30 feet. CHAIRMAN KAUFMAN: 30 feet, okay. Can I ask another question while we're there? Was that building permitted? INVESTIGATOR PULSE: No, sir. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR PULSE: And then that's the other one. CHAIRMAN KAUFMAN: And the property line is to the left or to the right? January 26, 2018 Page 30 INVESTIGATOR PULSE: You can see it looks to be like a fence. CHAIRMAN KAUFMAN: In the back? INVESTIGATOR PULSE: To the right. CHAIRMAN KAUFMAN: Yeah. INVESTIGATOR PULSE: That's where the property line is. CHAIRMAN KAUFMAN: Okay. INVESTIGATOR PULSE: Approximately. I'm not a surveyor, but -- and then that's the aerial photo of the entire property. CHAIRMAN KAUFMAN: Can you zoom in on that a little bit? There you go. Okay, is that 75 feet wide, is that that? INVESTIGATOR PULSE: Uh-huh. CHAIRMAN KAUFMAN: So that's a 1.14-acre parcel, yada, yada, yada. MS. CARLONE: 2.5. CHAIRMAN KAUFMAN: 2.5? So then the width of that is 660 feet deep? MS. CARLONE: Yes, sir. CHAIRMAN KAUFMAN: And 150 feet wide? MS. CARLONE: Yes, sir, approximately. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Could you pass that photo to us? It's just too bright to see what's going on there. MS. CARLONE: And the buildings are in the very, very back of the property on the right-hand side. MR. ORTEGA: Is it one property or two properties? MS. CARLONE: Well, we own both properties early. And so when you guys are ready, I'd like to give you the background. CHAIRMAN KAUFMAN: Okay, we'll let Dee finish up. INVESTIGATOR PULSE: Okay, permits to demo the buildings January 26, 2018 Page 31 were obtained but are now in expired status. And no work has been done to remove the buildings. A permit for the light poles has been applied for but not issued. As of today the violations remain. MS. CURLEY: Is it one folio number? INVESTIGATOR PULSE: Yes. CHAIRMAN KAUFMAN: I was going to ask you to put this back up there while I look at it, but that's probably not possible. MS. CURLEY: So it's one single-family living structure and then other out parcel buildings. Are the other buildings non-livable? INVESTIGATOR PULSE: Yes. MR. ORTEGA: I know I just heard you say this, but it's one folio for two properties? INVESTIGATOR PULSE: No, just one property. One folio for that property and aerial. MR. ORTEGA: Okay. Then if it's an acre and a quarter, then setback's going to be seven and a half and a 30. MS. CARLONE: It's two and a half acres. MR. ORTEGA: Oh, it is? Okay. CHAIRMAN KAUFMAN: Herminio, the setbacks are what? MR. ORTEGA: On a two and a half acre, it will be 30. CHAIRMAN KAUFMAN: Okay. I think it's seven and a half feet on a -- MR. ORTEGA: On an acre and a quarter. CHAIRMAN KAUFMAN: Right. MR. ORTEGA: Now, the structures seem like they can be moved. Can you move them? MS. CARLONE: Can I give you the background first? I'd like to really give you guys the whole story, because I think it's important. Because, you know, we're humans here and there's a big human factor to this. CHAIRMAN KAUFMAN: Okay, I just want to check, are you January 26, 2018 Page 32 done now? INVESTIGATOR PULSE: Yes, sir. MS. CARLONE: Thank you, Dee. We've become really good friends. Okay, so the background on this is my parents moved to Naples in 1969. They purchased this property in 1978. They constructed a home in 1979. When I was 13 years old I helped my father build the fence around that property. We were into horses. As you can see it's an equine facility now. And I was raised there and my kids were raised there. My father built those buildings when he had purchased the property next to it. The property that those buildings back up to, my father also owned those two and a half acres. So he built those when he owned the whole lot. He later sold that property to the gentleman that owns it now. The gentleman owned it for 10 years, didn't build for 10 years, built in the early 2000's, became our neighbor and is a very, very disturbed gentleman. He's -- I'll just give you the background because I think this is important. He's beat both of his wives, they both ended up in Women's Shelter. He's killed a dog. He's now actually going to court for animal abuse, left his little dog there. So that's the background on the neighbor. My father dies in 2014. This man becomes abusive to my mother and I and my daughter. And Dee knows this is a very angry man. He's called code enforcement on every single neighbor on our property. She can back that up. Neighbor across the street, neighbor next door, us, neighbor down the street. He calls code enforcement and points out every single thing on my property and my father's property that my father built there in 1978, 9 and '80. The pole lights did come in after, all right. So with that being said, and when Dee came out in 2016, my January 26, 2018 Page 33 father had died, my mother's income is half. She can't afford to knock those buildings down, okay. First of all, you guys saw me smiling when the buildings were put up, right? I'm sure most of you looked at my face and saw me smiling. Because my dad built those. The one was for a goat, Rambo, and the other one was his little outhouse that he used out there. So that's the background on those buildings and that's why I smile when I see them. So my husband and I sold our company. We helped our parents when we needed to financially. My husband and I sold our company in 2016 to some people from New York City, and we got in a very ugly lawsuit. And my husband and I were unable to work for two years. CHAIRMAN KAUFMAN: Take your time, we're not going anywhere. MS. CARLONE: So lose my father, being told to tear down his buildings, and we end up with not being able to work with non-compete and almost lose everything we've worked for in 20 years. So here we are. Should the buildings be grandfathered in? I think so. I think so. That man's lived there for 10 years and has never complained about anything until my father died. Because he's and abusive, disturbed man. CHAIRMAN KAUFMAN: Unfortunately -- MS. CARLONE: I know, I get it. I get it. CHAIRMAN KAUFMAN: No, unfortunately we're here to hear this case. It's either in compliance or it's not in compliance. As far as having something, you probably need -- I'll check with Herminio on this -- a variance to encroach on the setback. Am I correct, Herminio? MR. ORTEGA: That's correct. The only problem with a variance, it takes a long time, costs money and there's no guarantee. CHAIRMAN KAUFMAN: Okay. So that's our concern is January 26, 2018 Page 34 strictly on this particular case. Is there some complaint about the lights? Let me ask that part. MS. CARLONE: Well, no, there's no complaint about the light. He walked literally around the whole property and just pointed stuff out to Dee. He pointed everything out. So there's never been any complaints. Everything has been on that property and our neighbors have all lived there in unison and harmony for 40 years. So there's -- I ended up putting a fence up, that berm you saw in the picture? When all this went down I said we're putting a six-foot fence up. And that's what we did. And the hurricane took it down, wouldn't you know? Also, the financial problems have also become even greater because of the hurricane and the destruction. But in any case, we put up a fence. And every since we put up that fence we've heard nothing from him. It's like he's gone away. But he's in a lot of legal problems too. MS. CURLEY: Let's not talk about him, because he's not here. MS. CARLONE: Okay, fine. But I'm just saying this is where it all stemmed from, okay. To answer your question, sir, there have been no complaints ever of the lights. CHAIRMAN KAUFMAN: So what are your plans -- well, first of all, let's drop back a notch. Do we find this in violation or not? MS. CURLEY: I make a motion that the violation exists. CHAIRMAN KAUFMAN: We have a motion the violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all in favor? January 26, 2018 Page 35 MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay. So there is a violation. Obviously you're within the setbacks. Now we're trying to work with you to see what can be done that's as painless as possible to bring you into compliance. MS. CURLEY: I have a question of the county. So those lights that are out there, are they something that you're familiar with or is the permit that you think is submitted going to be somewhat reasonable lighting for that part of the county? Are those lights unusual for this community? INVESTIGATOR PULSE: No. CHAIRMAN KAUFMAN: Those are the lights that light the arena; is that it? INVESTIGATOR PULSE: Correct. MS. CARLONE: Yes, sir. MS. CURLEY: So there's not any certain setback or distance from the neighboring property that these lights need to be contained in that we should know about that -- INVESTIGATOR PULSE: Not that I'm aware of. CHAIRMAN KAUFMAN: So the only part of the violation in regard to the lights is that they were put up without a permit. INVESTIGATOR PULSE: Correct. January 26, 2018 Page 36 MS. CURLEY: Did you guys discuss the stipulation beforehand? INVESTIGATOR PULSE: Yes, we did. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I think there's two issues here and we should address them separately. The two issues obviously are the two buildings that are not permitted and not properly within the setbacks, number one. And then the lights. I think the lights could be handled pretty simply with an after-the-fact permit, going out, inspecting them and approving them. Take care of that. The buildings may take a little more time and I think it would be reasonable to give them ample time to either go through the variance process to evaluate that and see if that is possible, number one. And then number two, if not, looking at demo or I guess that's the only option is either demo, if -- because you don't get the variance. CHAIRMAN KAUFMAN: Or move them. MR. LEFEBVRE: Or move them, correct. So three options. But I think we should separate the two items and have a shorter period for the lights, but an extended period for the buildings. CHAIRMAN KAUFMAN: Let me ask the respondent, what -- let's just, as Mr. Lefebvre said -- MS. CURLEY: Excuse me. CHAIRMAN KAUFMAN: Yes? MS. CURLEY: Just one thing to highlight while we get into the discussion is that this first notice was mailed out January 18th of last year. So there's been a year of a lot happening in everyone's lives, including we all went through the hurricane. But there's been a year to do some sort of an analysis of moving these small structures and there's not been any -- CHAIRMAN KAUFMAN: Activity. MS. CURLEY: -- activity done on that. So I think an extension of time is not -- January 26, 2018 Page 37 MS. CARLONE: Well, we did pull a permit. We pulled a permit and had some contractors come out to look to have it done. But it's the financial end is why it hasn't been done. My mother's on a very fixed income and I told you what happened to us, and that's why nothing has happened. CHAIRMAN KAUFMAN: You realize that there is a violation there? MS. CARLONE: Yes, sir, I know. I understand, I -- CHAIRMAN KAUFMAN: And what is your -- violation has to be resolved. MS. CARLONE: Absolutely, I agree. CHAIRMAN KAUFMAN: So what is your thought on resolving the situation on the lights, for instance? MS. CARLONE: That we have to get -- they told us that we have to get an electrical engineer. So we have to get the electrical engineer. And we've spoken to one. And it's going to cost us about $1,000 for him to reengineer it and have it done. So, you know, it all comes back down to money. You know, so we have taken steps. I have all the paperwork here, if you all would like to look at it. We have taken steps. We haven't just sat back on our haunches and done nothing. So we have worked -- talked to people and we have Mr. Klink that we've talked to for electrical engineering on the property and what it's going to cost. So it's come down to money; that's what it's come down to, sir. CHAIRMAN KAUFMAN: Okay. And you've provided this information to the county? MS. CARLONE: Yes. CHAIRMAN KAUFMAN: So lights are one thing. MS. CARLONE: Yes, sir. CHAIRMAN KAUFMAN: The buildings, that seems to be -- the buildings were erected what year? A long time ago? January 26, 2018 Page 38 MS. CARLONE: Probably the end of '79 or beginning of '80. CHAIRMAN KAUFMAN: So they're over 25 years old. MS. CARLONE: Yes, sir. Well, yeah, 30. MR. LEFEBVRE: 37. We're not doing the arithmetic today. MS. CARLONE: We're in the same boat. MR. ORTEGA: Have you met with the building department, with staff and the building already on the structures of what can be done? MS. CARLONE: They have -- we put in -- we called Shelonda to pull the demo, right? So we had her come pull the demo. Because we didn't know that we could do a variance. We didn't know that there was something else that we could do. So we were in this dilemma of having to get rid of the buildings, so... MR. ORTEGA: But they still stand, correct? MS. CARLONE: Yeah, they're still there, because we haven't had the money, Herminio, to get rid of them. MR. ORTEGA: This is a long shot, and I don't know if it would work, but I advise that maybe if you met with planning department and the chief building official -- MS. CARLONE: Okay. MR. ORTEGA: -- and see if somehow it can be declared as a historic structure. And I'm shooting in the wind here. MS. CARLONE: Can you say that again? Planning? MR. ORTEGA: Planning and -- which would be Chris Scott. And the chief building official, which is Jonathan Walsh. MS. CARLONE: Okay. MR. ORTEGA: And explain to him the situation where the property existed legally. And then of course the parcels were sold out. There might be something. And again, it's a long shot, but... MANAGER LETOURNEAU: Have you spoken with Renald Paul in relation with this issue? January 26, 2018 Page 39 MS. CARLONE: No. MANAGER LETOURNEAU: Please write that name down. It's R-E-N-A-L-D, P-A-U-L. And his number is 252-2443. He's the gentleman -- he's the liaison between code and zoning and the building department. He'd be able to set up any kind of appointments you might need with Mr. Scott and Mr. Walsh. MS. CARLONE: I really appreciate this, you guys. Those buildings mean -- mean a lot to us. Okay, so there's something else I want to let you guys know. A red woodpecker created a tomb inside that outhouse that had the berm next to it. So I got that going on too. CHAIRMAN KAUFMAN: You charging him rent? MS. CARLONE: They said that they're an endangered species and that -- you know, so I don't know. CHAIRMAN KAUFMAN: I don't know. MS. CURLEY: No, they're not. MS. CARLONE: Oh, the red-head- -- oh, I thought they were. My daughter called. CHAIRMAN KAUFMAN: Do you have anything else that you want to present? The next step is I'm going to Dee and ask her what she recommends for the Board, and then we're going to go forward on that. MS. CARLONE: No, I think I've said enough. Thank you so much. CHAIRMAN KAUFMAN: Okay, Dee, do you have a recommendation for us? INVESTIGATOR PULSE: Recommend that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days and abate all violations by: Number one: Obtaining all required Collier County building January 26, 2018 Page 40 permits or demolition permit, inspections and certificate of completion/occupancy within blank days of this hearing or a fine of blank per day will be imposed until the violation is abated. Number two: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any questions or anybody want to fill in the blanks? (No response.) CHAIRMAN KAUFMAN: As far as the amount of -- I take -- Ms. Curley said about this thing has been ongoing for a while and the respondents have said they haven't sat back, they have been working on it. How much time would be needed to do this, considering the financial hardship? And maybe it can be resolved through meetings with the building department, Renald Paul and anybody else. MS. CURLEY: I agree. But I think that the lights -- so did an electrician install the lights? I guess that was a question I wanted to ask before we went further. MS. CARLONE: Yes. Yes, it was done by an electrician. CHAIRMAN KAUFMAN: And he didn't pull a permit? MS. CARLONE: No. MS. CURLEY: I mean, you could have the lights taken down if you can't afford to have them brought up to current -- you know, have your -- to the county. So you can have them removed. And that's an option that you should -- MR. ORTEGA: Yeah, but to remove them if they're already installed would be more expensive than just permitting them. January 26, 2018 Page 41 MS. CURLEY: Maybe. But again -- CHAIRMAN KAUFMAN: And require another permit. MS. CURLEY: You hired somebody to do it and they didn't do it properly. CHAIRMAN KAUFMAN: Anybody for putting some dates into the suggestion by the county? MR. LEFEBVRE: I'll give it a shot. Pay the operational costs in the amount of 59.42 within 30 days. Number one, and this is going to be regarding the lights. And specifically I'm going to break it down between the lights and the buildings. So obtain a required Collier County building permit or demolition permit, inspection, certificate of completion within 90 days or a fine of $150 a day will be imposed. But somewhere in there put it that's regarding the lights, the two pole lights. And then number two would be the same thing. It would be specific to the buildings. How long would it take to get a variance? MR. ORTEGA: We might be looking at a year. INVESTIGATOR PULSE: Couple years. CHAIRMAN KAUFMAN: It depends if it's an administrative -- MR. ORTEGA: It depends on who's driving. CHAIRMAN KAUFMAN: If it's an administrative variance -- MR. ORTEGA: She won't qualify for an administrative variance though. CHAIRMAN KAUFMAN: I don't know. MR. ORTEGA: I do know. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: If you're within six inches you can apply for an administrative variance. There's other variances that are -- there's other vehicles you can use when the structure doesn't exceed 25 percent of the side yard setback, so... January 26, 2018 Page 42 MR. LEFEBVRE: I'm going to go with 360 days or a fine of $150. And then the respondents to notify code enforcement when each of these two items are accomplished. Do you think that will be a fair enough time? MR. ORTEGA: I didn't hear you; I'm sorry. MR. LEFEBVRE: 360 days for number two. MS. CURLEY: Another year. MR. LEFEBVRE: For the buildings. CHAIRMAN KAUFMAN: If it's in the process and they get stuck there, they can come back and tell us. MR. LEFEBVRE: Right, that's understood, yes. MR. ORTEGA: Because the buildings can still be salvaged. They may need to be relocated, which means you wouldn't have to go through a variance. MR. LEFEBVRE: Correct, but -- MR. ORTEGA: But the problem with that is that's why I would suggest meeting with the building official because then you might have to comply with the new current code. Elevations, structural, all the elements. That's why I suggested the historical approach. And again, I don't know that would even work. But if it means that much, maybe it's worth it then. MR. LEFEBVRE: I have a motion. CHAIRMAN KAUFMAN: Do we have a second on the motion? MR. DOINO: Second that. CHAIRMAN KAUFMAN: We have a motion and we have a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. January 26, 2018 Page 43 MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MS. CURLEY: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. So what that means is I guess the first thing you'd start working on is the lights. MS. CARLONE: Yes, sir. CHAIRMAN KAUFMAN: And you have sufficient time we believe to take care of that. And whatever your solution is as far as the buildings are concerned, you have almost a year -- MS. CARLONE: Yes, thank you. CHAIRMAN KAUFMAN: -- to resolve that situation. And again, if you get stuck for some reason and you're getting towards the deadline of the 90 days or the 360, I suggest that you contact -- MS. CARLONE: Dee, yeah. CHAIRMAN KAUFMAN: -- Dee and work out what needs to be done, what additional time you'd need. And I'm sure if you came back before us and we saw progress being made that we'd be more than happy to hear that request. MS. CARLONE: Thank you. CHAIRMAN KAUFMAN: Okay? Okay, thank you very much. MS. ADAMS: The next case will be Item 5.C.31 on the agenda. Case CEVR20160016374, Mainsail Communities Corporation. My name is Dan Isaacson, President of Isaacson Landscape Architecture Group. (Mr. Isaacson and Investigator Davidson were duly sworn.) January 26, 2018 Page 44 CHAIRMAN KAUFMAN: Okay. Colleen, why don't you start us off. INVESTIGATOR DAVIDSON: For the record, Colleen Davidson, Collier County Code Enforcement. Before I start with the presentation, I believe Mr. Isaacson wanted to request a continuance that he submitted via email on Wednesday, the 24th. MR. ISAACSON: Yes. Do you folks have a copy of this or would you like me to read it? CHAIRMAN KAUFMAN: We don't have a copy that I know of, unless that's what was laying on our -- MR. ISAACSON: Basically -- would you like me to read this or would you just like me to tell you? CHAIRMAN KAUFMAN: Why don't you just tell us. MR. ISAACSON: Okay. Basically what happened, the situation is there was a code violation for the removal of a series of black olives on the property that were causing problems with sprinkler systems, sewers and pavement. The condominium took them down without the tree removal permit. It was cited. And we were told that an SDPI was required to proceed with replacing the trees. And they -- from the beginning the condominiums had plans to replace them with royal palms. I was hired to prepare an SDPI. A survey was done so we had accurate information for the area, the D buffer area -- CHAIRMAN KAUFMAN: Without going through the whole case -- MR. ISAACSON: Okay. CHAIRMAN KAUFMAN: -- tell us why you would like to have a continuance. MR. ISAACSON: I'm sorry. CHAIRMAN KAUFMAN: That's okay. January 26, 2018 Page 45 MR. ISAACSON: We prepared an SDPI. We took it to -- MS. CURLEY: What is that? MR. ISAACSON: A Site Development Plan -- CHAIRMAN KAUFMAN: Improvement. MR. ISAACSON: Yes. And part of the process is after you meet with planners and such, you take it over to addressing. Addressing then gives you the legal address of the project. Unfortunately this project was approved prior to SDPs, site development plans. Therefore, the SDPI could not be continued and an SIP had to be created. And that happened just prior -- we were notified this just prior to the hurricane issue. Hurricane Irma came through, damaged the property extensively. I am back out there now preparing the SIP. I've made application for the pre-app. We're just waiting for the date and we're proceeding with the application for that. CHAIRMAN KAUFMAN: So you're looking to have a continuance for how long? MR. ISAACSON: I apologize, I don't know how long the review process is by the county for an SIP. I don't know if it's 90 or 120 days or whatever. MR. LEFEBVRE: Would it be better for the county to withdraw this case? MS. CURLEY: No. I'm sorry. CHAIRMAN KAUFMAN: You're allowed to ask your questions. MR. LEFEBVRE: And she's allowed to respond. CHAIRMAN KAUFMAN: But not answer them. Okay. MS. NICOLA: I think that's a question for the county. January 26, 2018 Page 46 CHAIRMAN KAUFMAN: I mean, if you're asking for a continuance and you don't know how long of a continuance you need, we can grant you a continuance and not tell you what the time is. MR. ISAACSON: Okay. Well, whatever works best. Probably -- everything will probably be completed within 180 days, I would assume. CHAIRMAN KAUFMAN: That seems like a long time. Herminio, what do you think about the provisions of doing I guess a new SDP? MR. ORTEGA: No, he's going through an SIP, which is basically a glorified survey. A little bit more than that, but it doesn't have to go through the other process. So let's say that within 30 days you have the SIP approval. How long is it going to take for the work to happen? MR. ISAACSON: Well, they'll have to hire a contractor. They need the price on the contract, hire the contractor. I don't have an answer for you. MR. ORTEGA: That's okay. Are we looking at just permitting or permitting and the work? CHAIRMAN KAUFMAN: To come into compliance. MR. ORTEGA: Okay. So you said you've already applied for the pre-app? MR. ISAACSON: Yes. MR. ORTEGA: That will probably happen within a week or two? MR. ISAACSON: Right. And then I submit. MR. ORTEGA: Then you can go to work. Then you can -- based on that pre-app meeting, you're going to get information that you may have to put on that plan. MR. ISAACSON: Exactly, exactly. MR. ORTEGA: Okay. So I would say between 120 and 180. If January 26, 2018 Page 47 he has to go through the hiring a contractor -- or the association. MR. ISAACSON: The association needs to, yes. CHAIRMAN KAUFMAN: Okay. MANAGER LETOURNEAU: I'd just like to point out one thing, that this case is 17 months old right now. MS. CURLEY: September, 2016. MANAGER LETOURNEAU: Right. So I'm just putting that on the record. MS. CURLEY: And also, you know, removing huge black olive trees was not something that was, you know, done in a day. Those are big trees, they're huge girths, and it was a little bit -- I mean, not very smart to do that without getting some assistance. And especially -- CHAIRMAN KAUFMAN: We don't want to hear the case now. MS. CURLEY: No, but especially the landscaper should have given some sort of guidance. So we can't really give a big break to the Mainsail community, because they should have done this a little bit cleaner. CHAIRMAN KAUFMAN: So do you want to agree to grant a continuance? MS. NICOLA: I think you guys have to decide to continue it or not. CHAIRMAN KAUFMAN: That's correct, that's correct. MS. NICOLA: And if not, then hear the case. Because we could be here talking about this all day. CHAIRMAN KAUFMAN: We won't be talking about it that much longer. Do you think a continuance would be in order? MS. CURLEY: Personally I would like to hear the case. So I'll make a motion to deny the continuance. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I don't know how everyone else feels about it, January 26, 2018 Page 48 but -- CHAIRMAN KAUFMAN: We'll find out in a second. Do we have a second on Sue's motion? (No response.) CHAIRMAN KAUFMAN: That motion dies for lack of a second. Okay. Let's go forward. Anybody else like to take a stab at whether or not a continuance is granted or how much a continuance could be, or is that now dead? MS. CURLEY: Is this the first time this case has been to this Board? INVESTIGATOR DAVIDSON: Yes. MR. ISAACSON: Yes. MR. LEFEBVRE: What's the time frame of the continuance? MS. CURLEY: How come it's been so long already, I guess? CHAIRMAN KAUFMAN: Well, I don't even want to get into the case until we say whether we're going to grant a continuance or not. MR. LEFEBVRE: How about if we grant -- I make a motion we grant a 90-day continuance. MR. L'ESPERANCE: I'll second that. MS. NICOLA: Does that make sense when he's saying it's going to take 120 days? If you guys are going to grant a continuance, make it something that's reasonable, in my opinion. Sorry. CHAIRMAN KAUFMAN: Thank you for your opinion. MS. NICOLA: Not that you asked me to chime in. CHAIRMAN KAUFMAN: Thank you for your opinion, however -- MS. CURLEY: So basically the summary is that you want to give this community association two years to correct something that -- the error that they made. That's what we're saying as a Board. CHAIRMAN KAUFMAN: I understand what you're saying. January 26, 2018 Page 49 90 days -- after 90 days we would have a better idea of where we're going on this if we granted a 90-day continuance. He should have some answers by then and have a better idea of when all the work would be done. MR. LEFEBVRE: We could then just hear the case -- CHAIRMAN KAUFMAN: That's correct. MR. LEFEBVRE: -- and then we can give a shorter window of compliance. We can at least know where they're at at that point. CHAIRMAN KAUFMAN: I agree with you. MR. LEFEBVRE: And don't forget, this isn't just an individual. The association's going to have to vote on it and everything, get estimates. So it's a little more complicated than just an individual homeowner that can make a decision right then and there. MR. ISAACSON: May I interject? MR. LEFEBVRE: I think the hearing's closed. CHAIRMAN KAUFMAN: Well, I have one side question to ask. Was this reported because the buffer is gone and it's causing somebody some problems? INVESTIGATOR DAVIDSON: No, this was along the sidewalk. So I got -- I received the complaint because the trees were no longer located on the sidewalk when they were walking. MS. CURLEY: How many trees, five or 30? INVESTIGATOR DAVIDSON: I believe it was eight or nine. CHAIRMAN KAUFMAN: Okay, we have a motion and we have a second to grant a continuance for 90 days. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. January 26, 2018 Page 50 MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: One opposed. MR. ISAACSON: May I have a clarification on that? CHAIRMAN KAUFMAN: Sure. MR. ISAACSON: What is expected at the end of the 90 days? Because there's a review process of the plans. Do you just want a -- CHAIRMAN KAUFMAN: In 90 days we're going to come back here and we're going to hear the case. At that time you can tell us, I've made progress into blah, blah, blah and we might have this thing resolved in six months from now or whatever it is. We'll be in a much better position to know when this is going to come into compliance. MS. CURLEY: In addition, it would be helpful if somebody from the corporation came here so they could discuss whether they've got, you know, meetings scheduled for budgeting approvals and things like that. We don't expect to answer all this company's financial side. We understand that you're the architect for that. But it would be really nice if they would have showed up. MR. LEFEBVRE: So it would be the board president -- MR. ISAACSON: Yes, that's no problem. MR. LEFEBVRE: -- that probably should be here. MR. ISAACSON: Thank you very much. CHAIRMAN KAUFMAN: You are granted a continuance. Thank you. Okay, Kerry, shoot. MS. ADAMS: The next case is from Roman Numeral VI, Old Business, Letter A, Motion for Imposition of Fines and Liens. Item 6.A.1, Case CESD20150004083, Elba Seranno Morales. MR. LEFEBVRE: And we have a revised sheet on this one. January 26, 2018 Page 51 (Ms. Morales and Investigator Lopez-Silvero were duly sworn.) CHAIRMAN KAUFMAN: Okay. Generally speaking, the county would read this into the record and we could vote to impose it or not to impose it. Since you are here, you're here to request something. And I'm asking you, what are you requesting? INVESTIGATOR LOPEZ-SILVERO: Before we begin, the violation's been abated. CHAIRMAN KAUFMAN: I understand. INVESTIGATOR LOPEZ-SILVERO: She won't be requesting any more time. Operational costs have been paid. I don't know if she wants to add anything. CHAIRMAN KAUFMAN: Well, I'm looking at the paperwork. There's a total amount due of almost $75,000. That's why I'm asking if the respondent would like to request something or we just -- I understand that it has been abated. Do you understand? INVESTIGATOR LOPEZ-SILVERO: She may need -- CHAIRMAN KAUFMAN: Do you need help with the language? MS. MORALES: Yes. CHAIRMAN KAUFMAN: Okay, we have somebody. MS. ROSA: Okay, so you basically want to know if she's -- CHAIRMAN KAUFMAN: Now you're going to swear everybody in. (Yuleidys Rosa was duly sworn as interpreter.) (Ms. Morales was duly sworn.) CHAIRMAN KAUFMAN: My question to the respondent is, she is here to request something, I'm sure. What is she here to request? MS. ROSA: She basically wants to see if the fees can be removed. She's done everything they've asked her to do so she wants to know if the fees can be removed. CHAIRMAN KAUFMAN: Okay, now we understand. January 26, 2018 Page 52 Let me just go over the case. This has been -- a residence was converted into three separate units without any permits. So everything is now permitted, inspected and the C.O. was issued; is that correct? INVESTIGATOR LOPEZ-SILVERO: Yes, sir. Okay. Comments from the Board? I sometimes have personally -- you have to put some teeth into stuff that you do. Otherwise this type of behavior will just continue if they're found -- if a violation is found out then it comes before the Board. If it's not found out, it never comes before the Board. So there should be some punitive activity for something like that. Maybe not $75,000, but something. I just -- that's my two cents worth, and I'd open up discussion from the Board. MS. CURLEY: So I'll ride that wave with you and I'll make a motion to deny the county the $74,859.56. CHAIRMAN KAUFMAN: So you want to -- MS. CURLEY: Abate. CHAIRMAN KAUFMAN: You're abating the entire amount. MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: Okay, any other comment -- is that the motion? MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: That's a motion? Comments on the -- is there a second? There's no second. MS. CURLEY: So nobody else wants to -- CHAIRMAN KAUFMAN: Nobody else has voted to second your motion to abate the entire amount. Now, Mr. Ashton? MR. ASHTON: Yeah, I mean, I agree with you, Mr. Chairman. This has been going on for 374 days. I think the county's laid a lot of money out and inspections and everything, and I think some amount should be put on there. I mean, I don't say the whole thing should be January 26, 2018 Page 53 put on her, but maybe -- not everything, but maybe around $5,000. MS. CURLEY: What? MR. LEFEBVRE: I second that motion. MS. CURLEY: That's not a motion, though, that was just his comment to it. So I will tell you that during the permitting process she paid fines and she paid inspection fees and if she failed one, she paid $50. So this is not a place where we collect extra money for the county's permitting process at all. And in months prior to this, when we had very similar situations of people coming and asking for abatement we abated these fines without any basis. So it's a wave that we talk about, but we don't have a consistency in whether we want to give somebody a portion of this fine or not. And so as a Board member here, I disagree with the wave that happens and the inconsistency to incur financial hardship for somebody who's worked very hard to get their house back in order. Whether they personally did this or not, you don't know. You don't know the scenario. MR. L'ESPERANCE: Let me say something. It's like a very subjective whimsical application of the numerical amount we're going to punish these people with, and I don't like it. And I would second your motion. CHAIRMAN KAUFMAN: Well, it's too late. MR. L'ESPERANCE: Put it back on the table, I'll second it. CHAIRMAN KAUFMAN: We have a motion on the table now. MR. LEFEBVRE: But the fact is this case was heard on May 26th, 2016 and then heard for continuance on January 25th, 2017. So that is seven, eight months after the case was originally heard. So there's plenty of time to come into compliance at that point. MS. CURLEY: And that's true. And we tell them to go back out and keep working hard and get your C.O.s and come back here and ask January 26, 2018 Page 54 us for forgiveness and we'll abate the fines or -- CHAIRMAN KAUFMAN: That's not true. MS. CURLEY: -- we'll talk about it. That's generally what happens. We realize that in nine months they'll have to come back and fines are still accruing. We send them home knowing that the fines are accruing. And you can't just pick this one as a one-off. And it's an inconsistent process and there's not been maybe one time in all the Board meetings that I've sat here that we've actually given part of the fine to somebody. CHAIRMAN KAUFMAN: That's not true, number one. MR. LEFEBVRE: That's not true. And specifically Tinasi (phonetic) was one case that we heard that we did actually fine him. And he worked very diligently to get the case resolved. And we did, the fine was imposed, health fine was imposed. So that is not the case at all. I think to go 365 days or 374 days past what our order was is exorbitant. We have a motion on the floor, I call the motion. MS. CURLEY: What is the motion, please? Somebody reread it? MR. LEFEBVRE: To deny this motion of imposing a fine for $74,859.56 but imposing a fine of $5,000. MS. CURLEY: And who seconded that? CHAIRMAN KAUFMAN: Gerald seconded it. It was a motion from Bob Ashton. MR. ASHTON: Seconded by Gerald. CHAIRMAN KAUFMAN: Okay? Any comments further? MR. ORTEGA: I don't disagree. MS. CURLEY: Let's take a vote. MR. ORTEGA: I would impose no more limit to $500. MR. LEFEBVRE: We already have a motion on the table. CHAIRMAN KAUFMAN: Just comments on the motion. January 26, 2018 Page 55 MS. CURLEY: Let's vote. CHAIRMAN KAUFMAN: Okay, all those in favor? MR. LEFEBVRE: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MR. DOINO: Aye. MS. CURLEY: Aye. MR. L'ESPERANCE: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: So the motion is rejected. MS. CURLEY: Let's go for another motion. CHAIRMAN KAUFMAN: Right. MS. CURLEY: I make a motion to deny the $74,857.56 and fine them $250 rather. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. ELROD: I'll second. CHAIRMAN KAUFMAN: We have a second by Kathy. Any comment on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor, raise your hands. MR. L'ESPERANCE: Aye. MR. DOINO: Aye. MS. CURLEY: Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Raise your hands. There's one, two, three -- MS. CURLEY: There's four hands up. CHAIRMAN KAUFMAN: Four. Motion passes. January 26, 2018 Page 56 MS. ROSA: So can you kind of translate so I can let her know? CHAIRMAN KAUFMAN: Okay. She is -- the fine has been in essence reduced from $74,859.56 to $250. MS. ROSA: Okay. CHAIRMAN KAUFMAN: Okay? All right? MR. LEFEBVRE: When does it have to be paid by? CHAIRMAN KAUFMAN: You'll let her know when that has to be paid by? INVESTIGATOR LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Are you ready for a five-minute break? Okay, why don't we take a 10-minute break. (Recess.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay. MS. ADAMS: The next -- CHAIRMAN KAUFMAN: Which brings us -- MR. ASHTON: We have. CHAIRMAN KAUFMAN: By the way, Herminio is -- since Sue had to leave, Herminio is now a voting member of the Board. MS. ADAMS: Next case will be Item 6.A.2, Case CELU20160010501, Anthony V. Piccirilli Estate. (Mr. Muller and Investigator Short were duly sworn.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the mic for the record. MR. MULLER: I'm Mark Muller. I'm the attorney for the Estate of Anthony Piccirilli. CHAIRMAN KAUFMAN: Okay. SUPERVISOR SHORT: Good morning. Eric Short, Supervisor with Collier County Code Enforcement. January 26, 2018 Page 57 I believe Mr. Muller has a request before we get started. CHAIRMAN KAUFMAN: Okay. MR. MULLER: Yes. Good morning. The request that I have is to continue the hearing for 120 days. And the explanation is that we had continued this hearing before in May. This is a two-story metal building that was properly permitted, but there was a second floor that was built out 20 or 30 years ago without permitting. And it was being used as a residential structure. So there were individuals that were living in it. When it came to code enforcement's attention, we were able to get the people that were living there out. We have since been able to essentially board it up, lock it up, make sure that nobody comes or goes from that second floor of the structure. And when we had continued the hearing before, we had about $7,000 in the estate's bank account that was available for us to hire the engineer, hire the contractor to get the permitting for the removal of the interior improvements. Immediately after we had the hearing, and I think I had mentioned this to the Board at that time, we had some tax certificates that were out there that were unpaid, but they weren't -- they hadn't applied for any tax deeds. Well, practically right after the hearing they applied for the tax deeds, and the $7,000 that we had that was available to pay for this, $6,000 and change to be paid to redeem the tax certificates on June 30th to prevent us from losing the property entirely. So that drained the estate's bank account down to almost nothing. We then had Hurricane Irma that came through that caused a little bit of damage to the property, roof damage. Not significant, but it still was some expenditure to get those repairs done. The estate has since been able to put about $8,000 in the bank account so we have sufficient money to be able to engage the engineer January 26, 2018 Page 58 to get the permitting prepared and submitted, and enough money to be able to pay the contractor to get the improvements that were not permitted demolished once we have the demo permit. So we have not abated the violation yet because financially we haven't been able to. And we would just ask for approximately a continuance of 120 days. We believe that because we've got the funds available, we'll be able to get through permitting fairly quickly and then the demolition will take almost no time. MR. LEFEBVRE: I have a question. You stated that it was a second floor within the building. But the description of the violation is unpermitted alterations to carport structure resulting in residential use of industrial zoned property; am I correct? MR. MULLER: Yes, it is a two-story metal building that looks sort of like a carport because it's built between two one-story CBS buildings. So it looks like it's a carport, because on the ground floor it's open. On the second floor the metal siding comes down to essentially the top of the first floor level. So it's like a drive-thru carport with a second floor that's enclosed, it has floor joists and everything. We believe that that -- that structure was permitted. What was not permitted was putting walls on that second floor and essentially building it out so that it would be living space. And that's why they call it a carport structure. But it -- MR. LEFEBVRE: I just wanted to make sure we were talking about the same items. MR. MULLER: Yes. CHAIRMAN KAUFMAN: Okay. So you'd like a 120-day continuance? MR. MULLER: Yes. CHAIRMAN KAUFMAN: Okay. Any discussion from the Board? January 26, 2018 Page 59 MR. LEFEBVRE: Make a motion to grant 120 days. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. See you in three months. MR. MULLER: Hopefully not. But we will see you -- CHAIRMAN KAUFMAN: Well, there are fines that have accrued on this of, what, $55,000. So I would guess that we probably will see you, or someone like you. MR. MULLER: Yes. Thank you. MS. ADAMS: Mr. Chairman, there's been two other changes to the agenda. I'll just go ahead and put that on the record. Item 6.A.3, Case CESD20160015133, Esmerido Castro, has been withdrawn. And Item 6.A.5, Case CEPM20170007397, Laker Investment Management, Incorporated, has been withdrawn. CHAIRMAN KAUFMAN: Okay, motion to accept the agenda as modified? MR. ASHTON: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? January 26, 2018 Page 60 MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case will be Item 6.A.4, Case CESD20150002237, Edward M. Miller and Brittany M. Miller. (Ms. Trisha Borges, Mr. Eric Borges and Supervisor Mucha were duly sworn.) CHAIRMAN KAUFMAN: Okay, you're going to tell me that they want to make a statement. SUPERVISOR MUCHA: For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. I believe these folks have a request. CHAIRMAN KAUFMAN: Okay. MS. BORGES: We have a request -- first of all, we are the parents of Brittany Miller and in-laws of Edward Miller. We had sent them on a vacation and this date came up, so I'm sorry. So we're here to stand in for our family here, and we're just asking for a pardon for the fees at this time. CHAIRMAN KAUFMAN: Okay. This was a remodel of a kitchen -- remodel of lots of stuff. MS. BORGES: I don't know if you want me to go into the case or just state what we're here for and then discuss it later, so you let me know. MR. BORGES: This house was -- it was bought -- this house was January 26, 2018 Page 61 bought by my daughter and my son-in-law. And it already had all this remodel done. So it's all done, it's all permitted, everything's good. But it's been -- I don't know if you want to hear the whole case or what. CHAIRMAN KAUFMAN: No. MR. BORGES: But everything's permitted, everything's good. They're young. Everything's complete. CHAIRMAN KAUFMAN: They didn't do the stuff that was done, it was done prior to them purchasing it. MR. BORGES: A hundred percent. Yeah, they didn't do any -- CHAIRMAN KAUFMAN: Just for a side note so I know, they obviously didn't know that this was -- MR. BORGES: It was bought, 100 percent done and the -- there's a big story behind it. There's a father and son that -- one's the realtor, one's the seller -- builder. And they didn't disclaim a bunch of stuff, I guess. And Collier County figured it out that there's something wrong with it. But everything they did do is 100 percent perfect. She got x-rays through the drywall, all that. But it was a long process through Collier County to find the old and the new. CHAIRMAN KAUFMAN: The reason I asked is I and several of my Board members are realtors. And one of the things that we have been told in our training and whatnot is when someone purchases a property they should get an inspection to make sure that this doesn't happen. And we keep on harping on those people to make that real well known. Because there are consequences if you don't do that. MS. BORGES: This was 30 days after they purchased the home. And they're a young couple, it's their first time buying a home. And we actually helped to give them the down payment to get into this house to get their life started. And then they have fees they've been paying. They paid $5,000 just for plans and all these different things they've had to do to make things up to code. So it's taken a long time. And things weren't January 26, 2018 Page 62 matching up, the different -- the architect and engineer. So it just took a long time, unfortunately. But they've been paying out thousands dollars and they finally got it all done, permitting, closure, it's done. So we're just asking for a pardon for the fees. CHAIRMAN KAUFMAN: That's what parents are for, aren't they? MS. BORGES: It never ends. But that's okay. CHAIRMAN KAUFMAN: Any motion from the Board? MS. ELROD: I'll make a motion to waive the fees. CHAIRMAN KAUFMAN: To abate the fine -- MS. ELROD: Or abate the fine. CHAIRMAN KAUFMAN: Or to deny the county's -- MS. ELROD: Deny the county's -- CHAIRMAN KAUFMAN: -- abatement of fine. Do we have a second? MR. ORTEGA: I 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? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. January 26, 2018 Page 63 MS. BORGES: Thank you so much. Appreciate -- MR. BORGES: They'll appreciate it. MS. ADAMS: The next case is Item 6.A.6, Case CESD20160015129, Luis Flores, Salceiro and Terra Trust, LLC. (Interpreter Carlone, Luis Flores and Supervisor Mucha were duly sworn.) CHAIRMAN KAUFMAN: Joe? SUPERVISOR MUCHA: For the record, Joe Mucha, Collier County Code Enforcement Supervisor. And I believe they're going to have a request as well. CHAIRMAN KAUFMAN: Okay. MS. CARLONE: Basically he's here because he wants to ask for some time. He already submitted the request with DEP for the permit or exemption for the construction of the home. So he's got that, he's got the confirmation here, if you guys want to see it. But basically he just needs some time. And I understand DEP takes a while. So I'm not sure how long you guys could give him until he gets the actual either the exemption or the approval from DEP department. CHAIRMAN KAUFMAN: Okay. Herminio, are you familiar with this type of request, how long it takes? MR. ORTEGA: Was a building permit already applied for? SUPERVISOR MUCHA: The building permit has been applied for and it keeps getting rejected because they need the -- it's called environmental resource permit or -- MR. ORTEGA: Yeah, ERP. SUPERVISOR MUCHA: -- because they cleared in wetlands. MR. ORTEGA: Right. I'm familiar with this case a little bit. I requested from you to help them, and I put them together with a permitting agent. So they've been working together. I know there's been some confusion with the ERP permit, but you January 26, 2018 Page 64 can see they've already gotten it. I would say that the DEP could be anywhere from 30 to 90 days. It depends on how busy they are. CHAIRMAN KAUFMAN: Okay. Go ahead, Gerald. MR. LEFEBVRE: Once they get that permit, will this go away, this case, or do they need to -- SUPERVISOR MUCHA: Well, they'll be able to submit for their building permit at that time. It should be issued and he should be able to build his home at that point. MR. LEFEBVRE: And at that point will this case go away? SUPERVISOR MUCHA: Yes, sir. MR. LEFEBVRE: One the building permit's submitted or approved. SUPERVISOR MUCHA: C.O.'d, yes, sir. CHAIRMAN KAUFMAN: We'll still have to take care of the fine. MR. LEFEBVRE: Wait, wait, wait. The building has to be C.O.'d, completed? SUPERVISOR MUCHA: Yes, sir. MR. LEFEBVRE: So this is going to be several months. MR. ORTEGA: The house isn't even started yet. MS. CARLONE: I have a question. Is there any way before the actual building permit is C.O.'d, is there any way we could -- once he's got that permission or that exemption letter from ERP, can we just stop this? Because it's going to be an ongoing thing until he gets the C.O. and it's going to be quite a while. MR. LEFEBVRE: That's what I'm trying to -- that's the questioning I was asking. CHAIRMAN KAUFMAN: So rather than this being a request for 30 or 60 or 90 days, it takes in my estimation close to a year to build a house. So if you're asking for time, that's probably what your request is, to come back in a year. January 26, 2018 Page 65 To my -- am I going down the right path, Herminio? MR. ORTEGA: Is the intent to build a house? MS. CARLONE: Yes, but the thing with him is, you know, he's been here a few years and he went ahead and did all this not knowing how the law is here. So he went ahead and started the whole thing. He's planning on doing this out of pocket as an owner/builder. He doesn't have an actual contractor that's going to do this for him, this is why I'm a little bit worried, because he's going to, you know, get all his fees towards the end. So I just want to reduce fees and, you know, for him to be able to do this. CHAIRMAN KAUFMAN: Are we sure that this is -- once he has that done he can apply for a building permit. That's got nothing really to do with this, okay? Am I -- MANAGER LETOURNEAU: Well, unfortunately he cleared the property without county permission. CHAIRMAN KAUFMAN: I understand that and that's -- MANAGER LETOURNEAU: And to build the house on the property would alleviate the violation. However, you know, I'm not saying this is going to happen, but if he gets the permit and something happens and the house never gets built, the violation theoretically isn't abated until he gets a CEO on the house. Because if the house doesn't get built, the permit expires, we're right back in the same spot we're at, he cleared the property without county permission and then he would have also an expired permit for an unfinished house. MR. LEFEBVRE: Either that or he would have to have a mitigation plan. MANAGER LETOURNEAU: Correct, a mitigation plan to replant the property. MS. CARLONE: And that's where -- I mean, he doesn't -- we already talked about it before, and that's where, you know, it comes into play. At that point if it's going to be all those fees and he's going January 26, 2018 Page 66 to run into all this, I don't even know that he's going to go ahead and move forward. Because realistically if he can't do it he's not going to be able to do it. MANAGER LETOURNEAU: Are you saying the fees are going to -- MS. CARLONE: Well, I'm not sure how this works -- MANAGER LETOURNEAU: -- hut any loans he might get for the property or -- MS. CARLONE: I was going to suggest, if it's going to be that big of an issue, perhaps we could hire a contractor and he could go through a contractor instead of trying to do this as an owner/builder. I just, my thing is if it's going to be an ongoing process until the house is finally C.O.'d, it's going to be quite some time. And I'm afraid the fees are going to be way too high. MR. LEFEBVRE: But we're not here to abate the fines until the issue is taken care of. MS. CARLONE: Okay. So we have -- MR. LEFEBVRE: We can't just erase the fines and hope that he does something with the property. MS. CARLONE: I understand. MR. LEFEBVRE: As you've seen in previous cases. And just the previous case before this one, the fine was abated because the problem was taken care of. That's generally what we do. Generally. I'm not saying every time. In this particular case there's a violation. I'm not willing to reduce the fine or waive the fine or change the fine until the issue is taken care of. MS. CARLONE: Understood. CHAIRMAN KAUFMAN: Any other comments from the Board? (No response.) January 26, 2018 Page 67 CHAIRMAN KAUFMAN: Okay, the concern that I would have for the respondent is if we impose the fine, will he be able to get a mortgage to build the house there if this thing is on the record? MR. LEFEBVRE: You can continue it. MANAGER LETOURNEAU: The county has no problem with continuance. CHAIRMAN KAUFMAN: Okay. So -- MR. LEFEBVRE: We're not asking -- CHAIRMAN KAUFMAN: No, no, so that's what we're up to now. It looks like our best way forward to would be to grant a continuance of some period of time. MR. LEFEBVRE: Would it be maybe a good idea to grant continuance, let's say, of 360 days but he comes in front of us for an update, or maybe the county could present an update? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Maybe three-month periods? Just a suggestion. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: Why don't you make that as a motion. MR. LEFEBVRE: I'll make that as a motion. MR. L'ESPERANCE: And I'll second it. MR. LEFEBVRE: So it will be 360 days continuance, fines will keep on running. And three months from now, six months from now and nine months from now come back in front of us and tell us what he's doing to accomplish his goal. MS. CARLONE: Okay. Thank you. MR. LEFEBVRE: We have to vote on it still. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MR. LEFEBVRE: Aye. January 26, 2018 Page 68 MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. CARLONE: Thank you. CHAIRMAN KAUFMAN: So you can work out the timing with Joe out in the hall, I guess. MS. CARLONE: Thank you. Have a good day. CHAIRMAN KAUFMAN: You too. MS. ADAMS: The next case will be Item 6.A.9, Case CESD20150019659, Filippo Mastrocola. CHAIRMAN KAUFMAN: This was on your position, this is one that is now abated -- has been abated, the violation. (Mr. Mastrocola and Supervisor Short were duly sworn.) MR. MASTROCOLA: Good morning. CHAIRMAN KAUFMAN: Good morning. Hi, Eric. You probably want the respondent to request something from us? SUPERVISOR SHORT: That's right. For the record, Supervisor Eric Short, Collier County Code Enforcement. I believe Mr. Mastrocola has a request. MR. MASTROCOLA: I respectfully request the fines that had been accruing since the start of this project to be abated. CHAIRMAN KAUFMAN: Okay. Give us a little background on this? This came before us in June of '16 and then again subsequent to that several times. This is interior renovation, windows, plumbing, January 26, 2018 Page 69 electrical, et cetera. MR. MASTROCOLA: Yeah, it started off as a small project, and then I was doing the floors and some kitchen cabinet removal and replacing. And then, you know, obviously code enforcement came by and yes, the work had been started. But then when I went to go and get the permit, unbeknownst to me there's one room that was below flood there and things got a little out of hand. And I asked for an extension and an extension. Had contractors that didn't show up. And then I finally completed the work maybe two months ago; it was just before the hurricane. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. NICOLA: Are you guys speechless? CHAIRMAN KAUFMAN: You want to play us some music while we're waiting? MR. ORTEGA: I make a motion we abate the violation -- the fines, I mean. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. L'ESPERANCE: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. January 26, 2018 Page 70 Opposed? (No response.) CHAIRMAN KAUFMAN: Okay, your fines are abated. MR. MASTROCOLA: Thank you very much. MS. ADAMS: The next case is Item 6.A.10, CESD20160002817, North Naples Properties, LLC. MR. HOFMEISTER: My name is Buzz Hofmeister. (Mr. Hofmeister and Supervisor Short were duly sworn.) CHAIRMAN KAUFMAN: Good morning. SUPERVISOR SHORT: Before we begin, he has a request. CHAIRMAN KAUFMAN: Okay. MR. HOFMEISTER: I've been asked to come here and represent North Naples Properties. And our request is that the fines that have been imposed be abated. CHAIRMAN KAUFMAN: Okay. This was an awning that was unpermitted in front of a business? MR. HOFMEISTER: Correct. CHAIRMAN KAUFMAN: What happened, it was removed? MR. HOFMEISTER: It was removed, yes. CHAIRMAN KAUFMAN: Okay, comments? (No response.) CHAIRMAN KAUFMAN: Motion from the Board -- MR. ORTEGA: Was it removed by you or the hurricane? MR. HOFMEISTER: The hurricane. We had asked the hurricane to take it down. CHAIRMAN KAUFMAN: And they complied? MR. HOFMEISTER: And they did. CHAIRMAN KAUFMAN: Motions from the Board? MR. DOINO: Motion to abate the fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? January 26, 2018 Page 71 MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. HOFMEISTER: Thank you very much, sir. MR. L'ESPERANCE: Mr. Chairman, I have my meeting now, sorry, I have to leave. CHAIRMAN KAUFMAN: Okay. Do we have any cases left? MS. ADAMS: Yes. CHAIRMAN KAUFMAN: Almost made it. MS. ADAMS: The next case will be Item 6.A.7, Case CEROW20150023031, Veronica Tressler, Barbara Dethloff and Elizabeth Lucky. (Veronica Tressler and Supervisor Mucha were duly sworn.) CHAIRMAN KAUFMAN: Joe? SUPERVISOR MUCHA: For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. I believe Ms. Tressler has a request. MS. TRESSLER: I do. I started the work on the culvert pipes that were kind of forced on me by the county, which I didn't have the money to do to begin with. Started the work. January 26, 2018 Page 72 We had so much rain that when the inspector came it was an inch above -- the pipes had risen because of the rain is what I was told. And I called again right before the hurricane, and it wasn't done. And the hurricane ripped the pipe apart, so now I'm starting all over again with having the thing. I got the permit. The permit had expired in the meantime. I got the permit, the work is done, so now I just need inspection and finalizing of the work. CHAIRMAN KAUFMAN: So you're requesting some additional time? MS. TRESSLER: I am. CHAIRMAN KAUFMAN: Do you know how much additional time you're requesting? MS. TRESSLER: The permit is for three months, so hopefully I can get it done in that time. Not hopefully, I want to get it done. I'm so distressed over this whole thing. CHAIRMAN KAUFMAN: Is the pipe in place right now? MS. TRESSLER: The pipe's in place, the dirt's on. The only thing that's not on is those side cement things they put in. And then I have to redo my driveway. But I have so much hurricane damage that everything's just been an extra expense, which I don't have. I mean, it cost me $1,000 to take a tree down for this pipe to go in to begin with. Money I don't have. I'm 69 years old. I get $13.00 an hour. Just sitting here is costing me money. CHAIRMAN KAUFMAN: Do we have any comments or motions from the Board? MR. LEFEBVRE: Motion to continue. I don't want to continue it past the start of rainy season, so motion to continue for 90 days. MS. TRESSLER: Thank you very much. MR. DOINO: Second that. January 26, 2018 Page 73 CHAIRMAN KAUFMAN: Hold on one second. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Have a good day. MS. TRESSLER: Thank you very much. MS. NICOLA: For the record, 90 days would be April 26th. Just so you know that. MS. TRESSLER: And I don't have to come back? I talk to the -- MR. ORTEGA: No, you will. MS. TRESSLER: -- county, right? CHAIRMAN KAUFMAN: You probably want to come back, because you're accumulating fines. There's a $73,000 fine on this, it's accumulated. So once you have it fixed then we can act to do certain things to abate it, reduce it, et cetera. Okay? MS. TRESSLER: Yeah, $73,000 fine? CHAIRMAN KAUFMAN: Don't lose any sleep over it, please. Take care of it and come back and see us. MS. TRESSLER: Okay, thank you. CHAIRMAN KAUFMAN: It will be worth the $13.00 an hour that you'd lose for the first hour. MS. TRESSLER: Thank you. January 26, 2018 Page 74 MS. ADAMS: The next case is Item 6.A.11, Case CESD20170003341, Eliseo Viamonte. (Melinda Riddle and Investigator Pulse were duly sworn.) MS. RIDDLE: I want to make the same disclaimer the last time I was here. This is not my area of expertise. I am Mr. Viamonte's divorce attorney. The last time we were here it was because he was having issues accessing the property. We are asking for -- he's asking for a 120-day continuance. The trial on his divorce was in October, objecting the 19th. The final judgment was signed January the 11th. It took a while. The final judgment had a provision that required him to be put in possession of the property within 14 days, which expired yesterday. The third parties that were living there were ordered to leave immediately. However, we have a writ of possession sitting at the judge's desk since the 16th and it hasn't been signed yet. So all I can tell you is the final judgment took from October to January to be signed. And we're waiting for that writ of possession. Mr. Viamonte believes, based on conversations that he's had with his wife, that she will be leaving this week. But he's asking for the 120 days because he has not had possession of his property. That -- the Board may recall that he self-reported because there were a lot of violations that were occurring when he was out of possession of his home. The home is now been determined to be his 100 percent. Now I believe that he has been working with Renald Paul and discussed with him he will be able to, we believe within the 120 days, totally correct the violations. There's one electrical that utilities were to be turned off and there's a separate breaker, separate switch that can be turned off. There are -- because his home is above the floodplain level, he will need certain things, such as he still has to have his septic tank inspected, January 26, 2018 Page 75 there's certain things he's got to do, but now he will have possession. We expect any day now. If his wife leaves today, as she has promised to do so, he will have possession as of today. If not, as soon as the judge signs a writ of possession, he will have -- just so you know, the day that we received the order, he did go out that day, get a certified copy and go with a sheriff to try to evict all these third parties. The sheriff refused to do so. They would not do so unless he had a writ of possession. That same day we delivered one to the judge's office and it's been sitting there since the 16th. So... CHAIRMAN KAUFMAN: So he's requesting -- MS. RIDDLE: 120 days from today. CHAIRMAN KAUFMAN: Any discussion from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MR. ASHTON: Motion to grant the 120-day continuance. MR. LEFEBVRE: 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? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. RIDDLE: Thank you very much. January 26, 2018 Page 76 CHAIRMAN KAUFMAN: He knows he's going to probably have to come back here when he gets it all done. MS. RIDDLE: Yes, we do. Thank you. MS. ADAMS: The next case will be Item 5.C.7, Case CESD20170011882, Calcap, LLC. CHAIRMAN KAUFMAN: What was that case number again? MS. ADAMS: Item 5.C.7. Number seven on hearings. CHAIRMAN KAUFMAN: 5.7, okay. MS. ADAMS: Yeah, we're going to back to the ones that are not present. CHAIRMAN KAUFMAN: That's what I thought. (Investigator Lopez-Silvero was duly sworn.) CHAIRMAN KAUFMAN: Okay. Hi, Steven. This looks like it was an in-ground swimming pool, et cetera. So why don't you let us know -- and the record should show that the respondent is not present. INVESTIGATOR LOPEZ-SILVERO: Good afternoon. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is reference to Case No. CESD20170011882, dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.2.06(B)(1)(a). Observed an in-ground swimming pool and a framed addition existing without obtaining the required inspections and certificate of completion/occupancy. Unimproved, unoccupied residential property. Located at 4365 23rd Place Southwest, Naples, Florida, 34116. Folio 35646960003. Proof of service was received on August 1st, 2017. I would like to present case evidence in the following exhibits: Two pictures taken by Investigator Maria Rodriguez on October 10th, 2016. CHAIRMAN KAUFMAN: Motion to accept? MR. ASHTON: Second. January 26, 2018 Page 77 MR. LEFEBVRE: What he said, motion to accept. CHAIRMAN KAUFMAN: All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR LOPEZ-SILVERO: The addition in question is the flat roof structure attached to the rear of the dwelling. And then the bottom picture shows the swimming pool. This is in the rear of the dwelling, the rear of the property. CHAIRMAN KAUFMAN: Can you go back to the previous picture a second? Is there any fence around that pool? INVESTIGATOR LOPEZ-SILVERO: There's a fence on the side yard, but it doesn't enclose the rear yard. MR. ORTEGA: There was a temporary fence on that property at one time. I'm familiar with this property. CHAIRMAN KAUFMAN: I'm looking at the picture. To me there's a safety violation to begin with. If there is no fence or you have access to the pool area currently. INVESTIGATOR LOPEZ-SILVERO: It's a corner lot and they -- as of now they have a contractor safety mesh around the pool. CHAIRMAN KAUFMAN: Oh, they do? INVESTIGATOR LOPEZ-SILVERO: They do. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: This Calcap, LLC, did they receive this via foreclosure, or any history? Because the pool looks like it's old. It doesn't look like it was a recent installation. INVESTIGATOR LOPEZ-SILVERO: The pool was added back January 26, 2018 Page 78 in the Seventies, and the addition as well. The property owners, an investment group, flippers, per se, they're going to rehab the property and resell. It's currently unoccupied right now. They do have an active recent building permit but it's for -- not related to the pool or the addition, it's for interior remodel. MR. LEFEBVRE: Any contact with the owner? INVESTIGATOR LOPEZ-SILVERO: Yes, earlier this week, it's actually one of the three co-owners of the corporation. We had discussed the stipulation. But I wasn't able to receive an approval for basically naming him as a representative or a co-owner from the corporation in a timely manner, so that's why I'm presenting this case today. MR. LEFEBVRE: Make a motion that a violation does exhibit. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us on this? INVESTIGATOR LOPEZ-SILVERO: I do. That the Code Enforcement Board orders the respondent to pay January 26, 2018 Page 79 all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days and abate all violations by: Number one: Installing a temporary contractor safety mesh surrounding the pool within blank days of this hearing or a fine of blank dollars will be imposed until the temporary contractor safety mesh is installed. Number two: Obtain all required Collier County building permit or demolition permit, inspections and certificate of completion/occupancy for in-ground swimming pool and frame addition within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. Number three: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Steven, you said that there was contractors mesh around there. There is or there isn't? INVESTIGATOR LOPEZ-SILVERO: There is, but recently the mesh has fallen down, so that's why I added part one of the order -- or part one which the recommendation is to install, and I should have added there to maintain. CHAIRMAN KAUFMAN: Okay. It's always been our policy that that happens almost immediately because of the safety aspect of it. I wonder if we want to consider two separate, one is immediate and the other is -- MR. ASHTON: It's broken into that -- CHAIRMAN KAUFMAN: Yeah. So whoever wants to take the shot at filling in the blanks. January 26, 2018 Page 80 MR. LEFEBVRE: Question for two number. Before you can get a permit -- before you can get a certificate of occupancy or completion, you obviously have to have some kind of enclosure around the pool, correct? INVESTIGATOR LOPEZ-SILVERO: Up to today's code, yes, sir. MR. LEFEBVRE: So you don't have to include that it must be -- there must be a lanai or fence or anything, that's part of the -- INVESTIGATOR LOPEZ-SILVERO: It will be part of the building process. MR. LEFEBVRE: For number one, I make it within 14 days or a fine of -- 14 days or a fine of $250 a day. And for number two, within 60 days or a fine of $250. As a motion. CHAIRMAN KAUFMAN: Do we have a second? MR. ASHTON: I think 14 days to put a mesh -- to put protection around that pool is a little too long. I think like three days to get that. Because that's a safety -- CHAIRMAN KAUFMAN: I would suggest -- before we get a second on this, you need a certain amount of time for the order to be written, to be signed, so three days may be -- MS. NICOLA: It's going to be difficult for me with the amount of orders to get it done timely. I could probably get this one done today, but I was reasonably expecting about a week to get the rest of them done, simply because of my court schedule. I can get this one today. MR. LEFEBVRE: How about seven days and then maybe since he's in touch with one of the principals, he can get in touch with the principal and verbally tell him or email. Do you have an email or anything? INVESTIGATOR LOPEZ-SILVERO: I do. MR. LEFEBVRE: So you can email him this is what occurred, January 26, 2018 Page 81 just to let him know. So I would amend my motion for the first part to be seven days or $250. If that's acceptable. MR. ASHTON: That's -- CHAIRMAN KAUFMAN: Do we have a second now? MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a second. Okay, any discussion on the motion? MR. ORTEGA: Make that calendar days. MS. NICOLA: It's seven days from today, so it would be next Friday. CHAIRMAN KAUFMAN: I think all of our motions are calendar days. MS. NICOLA: They are. CHAIRMAN KAUFMAN: All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. NICOLA: Point of clarification. What was the number of days on number two? MR. LEFEBVRE: 60. MS. NICOLA: And what was the fine? MR. LEFEBVRE: $250. MS. ADAMS: The next case is Item 5.C.15, Case CELU20170008971, DJ Price, LLC. January 26, 2018 Page 82 (Investigator Davidson was duly worn.) INVESTIGATOR DAVIDSON: Good morning. For the record, Investigator Colleen Davidson, Collier County Code Enforcement. This is in reference to Case CELU20170008971, dealing with violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 130, article three, Section 130-96(A), recreational vehicles being stored on vacant lot. Located at 2589 Terrace Avenue, Naples, Florida. Folio 61833080003. Service was given on May 30th, 2017. I would now like to present case evidence in the following exhibit: One photo taken on May 26th, 2017, and one photo taken on June 28, 2017. CHAIRMAN KAUFMAN: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) INVESTIGATOR DAVIDSON: We received a complaint of travel trailers being stored on a vacant lot. I conducted a site visit on May 25th, 2017 and observed multiple trailers on vacant lot. I issued a Notice of Violation on May 30th, 2017. Have spoken with the property owner several times. As of today, January 26th, the violation remains. January 26, 2018 Page 83 CHAIRMAN KAUFMAN: What did they tell you? INVESTIGATOR DAVIDSON: He is currently working to obtain a building permit to have a single-family residence. It's currently under review as of Wednesday. So he stated that the trailers have construction materials in them that is going to be for the home. CHAIRMAN KAUFMAN: Okay. And this was -- the NOV on this was when? INVESTIGATOR DAVIDSON: Was May 30th, 2017. CHAIRMAN KAUFMAN: That's a long time ago. MR. LEFEBVRE: When was a permit submitted for a single-family house; do you know? INVESTIGATOR DAVIDSON: His original permit was submitted the end of December. It was rejected. And he just submitted for his corrections for the new permit on this Wednesday, the 24th. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion that a violation does exist. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) January 26, 2018 Page 84 CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us, Colleen? INVESTIGATOR DAVIDSON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days, and abate all violations by: One: Must cease storing of recreational vehicles on vacant lot within blank days or a fine of blank per day will be imposed until the violation is abated. Two: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Are all the vehicles that are parked there capable of storing things, or are there some open vehicles? INVESTIGATOR DAVIDSON: They are enclosed trailers. CHAIRMAN KAUFMAN: And how many of them are there? INVESTIGATOR DAVIDSON: Three. CHAIRMAN KAUFMAN: He's using this as in essence a lumber yard. MR. LEFEBVRE: If that's what he has there. CHAIRMAN KAUFMAN: Well, I'm curious. I'll ask Herminio. At the -- I can store trusses on the property that I'm putting up on the property for a period of time. MR. ORTEGA: You really can't be storing anything until you have a building permit. Because they may never get -- CHAIRMAN KAUFMAN: True. Okay. Anybody like to take a shot at filling in the blanks? January 26, 2018 Page 85 MR. LEFEBVRE: So once -- if he were to get a building permit, then those trailers would be allowed? INVESTIGATOR DAVIDSON: We have discussed that with him. And if he had an active building permit then we would monitor it through to the certificate of completion. MR. LEFEBVRE: That didn't answer my question. MANAGER LETOURNEAU: But once he gets the building permit we would check with building and zoning just to make sure that those trailers are part of that building permit. If they say yes, then the case would be abated at that point because he has an active building permit. But we'd have to ask zoning first if those trailers could be allowed. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: But in number one it just specifically says that they're on a vacant lot. Storing of -- but once a building permit has been approved, at that point it's not a vacant lot? MANAGER LETOURNEAU: Yeah, at that point the violation would be abated. So we would do the affidavit of compliance. Once again, after asking zoning. CHAIRMAN KAUFMAN: It would become a construction site. MANAGER LETOURNEAU: Yeah, it would be a -- yeah, that's a good way to put it. MR. ORTEGA: It's like a construction trailer. You can have it on site but you can't have it on site until you have a permit. MR. LEFEBVRE: So what I'm trying to get at is, number one, should it be modified stating that once the permit has been approved? MANAGER LETOURNEAU: You guys can modify it any way you want, but we would do the affidavit of compliance no matter what at the point of getting the permit issued. MS. NICOLA: Gerald, I remembered, we could modify number one to say or a valid permit issued, including the trailers. I mean, just January 26, 2018 Page 86 make it very simple. Do an or provision to number one so it allows him, if his permit's approved and the trailers are included, that it could be in compliance. We could do that. MR. LEFEBVRE: Right. Okay. MR. ORTEGA: How many days, I'm sorry, are you giving him? MR. LEFEBVRE: We're not there yet. MR. ORTEGA: Oh, sorry. CHAIRMAN KAUFMAN: He applied for the building permit in December? INVESTIGATOR DAVIDSON: Yes, December 27th, I believe. MR. LEFEBVRE: It was rejected. INVESTIGATOR DAVIDSON: It was rejected. And then he resubmitted on Wednesday and it's under review. MR. LEFEBVRE: How long usually does that second review take? MR. ORTEGA: Five days. MR. LEFEBVRE: This could be taken care of within the seven days, let's say. MR. ORTEGA: Provided that he's not on septic. MANAGER LETOURNEAU: Or it gets rejected again. MR. LEFEBVRE: Right, right. But hopefully the corrections that were noted the first time around hopefully were taken care of. 60 days or $150 fine. And operational costs paid within 30 days. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So 60 days for him to either move the trailers or -- CHAIRMAN KAUFMAN: Have a building permit. MR. LEFEBVRE: Right. The language that our attorney stated. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? January 26, 2018 Page 87 MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MS. ADAMS: The next case is Item 5.C.27. There's actually two cases for this property on the agenda; they just didn't get put together on the agenda. So if it's okay with the Board I'll go ahead and call both of those cases at this time. CHAIRMAN KAUFMAN: That's fine. MS. ADAMS: So Item 5.C.27 is Case CEROW20170001009, George J. Sorbara and Jennifer Tarvin Sorbara. And then the second case for the same owner and same property is Item 5.C.34, Case CEPM20170018436. (Investigator Hoagboon was duly sworn.) INVESTIGATOR HOAGBOON: Hey, good morning. For the record, Jon Hoagboon, Collier County Code Enforcement. This is in reference to Case No. CEROW20170001009, dealing with violation of Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article 2, construction of right-of-way, division one, generally, Section 110.31(A), existing culvert drainage system has collapsed. January 26, 2018 Page 88 This is located at 151 Burning Tree. Folio is 24021600009. Service was given on January 25th, 2017 by posting at the property. I would now like to present case evidence in the following exhibits: Four photos taken by myself on January 25th, 2018, and an aerial of the property obtained from the Collier County Property Appraiser's website. MR. LEFEBVRE: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR HOAGBOON: On January 24th, 2017 I made a site visit to the property due to a referral from road maintenance. I observed collapsing pipes noted by depressions in the driveways. I was able to contact the property owner who initiated a permit on April 13th of 2017 to demo the home and eventually replace the culvert system. Over the course of the following six months the drainage system was partially excavated. However, the owner eventually let the demo permit expire and has ceased all activity at the property. The home is now vacant and abandoned and the owner is no longer in contact with myself. As of today the violation remains. January 26, 2018 Page 89 CHAIRMAN KAUFMAN: You want to say anything else? INVESTIGATOR HOAGBOON: No. CHAIRMAN KAUFMAN: Does a violation exist? MS. ELROD: Yes. CHAIRMAN KAUFMAN: You're making a motion that a violation exists? MS. ELROD: I'll make a motion -- MR. LEFEBVRE: Second. MS. ELROD: -- a violation exhibits. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us, John? INVESTIGATOR HOAGBOON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.77 incurred in the prosecution of this case within 30 days and abate all violations by: One, must repair/install new culvert system and obtain any and all required Collier County right-of-way permits and inspections through final approval within blank days of this hearing or a fine of blank dollars a day will be imposed until the violation is abated. Number two: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a January 26, 2018 Page 90 final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation by using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed by the property owner. CHAIRMAN KAUFMAN: Okay. I'd like to say that the house is abandoned. I know the second case is about a green pool. By giving them extra time to resolve this is probably an exercise in futility. So I would certainly entertain a very short leash on getting this thing fixed. MR. LEFEBVRE: Question. I saw that there was a vacating of foreclosure -- INVESTIGATOR HOAGBOON: Yes. MR. LEFEBVRE: -- judgment back in '13. INVESTIGATOR HOAGBOON: Correct. MR. LEFEBVRE: Has that been reinitiated? INVESTIGATOR HOAGBOON: They renegotiated the terms of the mortgage and they got a sum of money to -- I guess $500,000 on that to -- CHAIRMAN KAUFMAN: Right now you have no contact with the owner. INVESTIGATOR HOAGBOON: None. CHAIRMAN KAUFMAN: Property is abandoned. INVESTIGATOR HOAGBOON: Correct. CHAIRMAN KAUFMAN: So who are you noticing? INVESTIGATOR HOAGBOON: Well, I'm still noticing the property owner. But for whatever reason he stopped all contact with me. So there is a little bit of history with the property, and we kind of have a feeling that it's going back that way. I do have an existing case that's been accruing fines since 2015, it's over $100,000. So given the property -- or the history with the January 26, 2018 Page 91 property, that's where we're at. CHAIRMAN KAUFMAN: Anybody like to fill in the blanks on this? (No response.) CHAIRMAN KAUFMAN: I'll do it, unless you'd like to. Go ahead, Kathy. MS. ELROD: Okay. MR. LEFEBVRE: Put her on the spot. MS. ELROD: Within 30 days and 250 a day. MR. LEFEBVRE: And when would the operational costs be paid? MS. ELROD: Within 30 days. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: 30, 30, and 250? CHAIRMAN KAUFMAN: That's correct. Okay, any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor -- MR. ORTEGA: Is there a life safety issue with the pool? CHAIRMAN KAUFMAN: We didn't hear that case yet. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Okay now we go to the pool. January 26, 2018 Page 92 INVESTIGATOR HOAGBOON: You want to go through the whole thing? CHAIRMAN KAUFMAN: Yeah. INVESTIGATOR HOAGBOON: Okay. All right, for the record John Hoagboon, Collier County Code Enforcement. This is in reference to Case No. CEPM20170018436, dealing with violation of Collier County Code of Laws and ordinances, Chapter 22, building and building regulations, Article 6, Property Maintenance Code, Section 22.231.15, pool not maintained, water green in color. Located at 151 Burning Tree Drive, Folio 24021600009. Service was given on November 27th, 2017 by posting at the property. I'd now like to present case evidence in the following exhibits: One photo taken by myself on November 27th, 2017, and an aerial obtained from the Collier County Property Appraiser's website. MR. LEFEBVRE: Motion to approve. MR. ASHTON: Second. CHAIRMAN KAUFMAN: All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. MR. LEFEBVRE: Is there any fence or structure to prevent people from accessing the pool? INVESTIGATOR HOAGBOON: So there is a fence but since then a gate has come unhinged and fallen off. So I'm actually taking January 26, 2018 Page 93 another case to hearing next month because the -- okay, it's going to be kind of dealing with that, so... CHAIRMAN KAUFMAN: Other than it being green it looks pretty good. There's a pool, you know, that's not run down like earlier pictures we've seen. So the pool is green. That's it? Okay. INVESTIGATOR HOAGBOON: Yes. CHAIRMAN KAUFMAN: Anybody like to see if a violation exists there? MR. ASHTON: Violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us, John? INVESTIGATOR HOAGBOON: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.91 incurred in the prosecution of this case within 30 days, and abate all violations by: Must chemically treat the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide biweekly treatment. Alternatively, the respondent may chemically treat the pool water, killing the algae growth and cover the pool in a method which will present safety hazards, insect infestations and the intrusion of January 26, 2018 Page 94 rainwater within blank days of this hearing or a find of blank dollars a day will be imposed until the violation is abated. Number two: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation, using any method to bring the violation into compliance, and may use the assistance of the Collier County Sheriff's Office to enforce provisions of this order, and all costs of the abatement shall be assessed by the property owner. CHAIRMAN KAUFMAN: Kathy, you've been on a role. You want to tackle this one? MS. ELROD: Is there power at that place? INVESTIGATOR HOAGBOON: I don't know. MS. ELROD: Because maintaining the pool without power is not doable. MR. LEFEBVRE: Well, the other option is to cover it. INVESTIGATOR HOAGBOON: Or drain it and cover it, yeah. CHAIRMAN KAUFMAN: Or paint it a different color, maybe. If it's green, make it blue. MS. ELROD: All right, pay operational costs of 59.91 within 30 days and -- CHAIRMAN KAUFMAN: Typically the pool we generally do in 30 days as well, for a little advice. MS. ELROD: I would like it in seven, seven days, and 250 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have any comments on the motion? Do we have a second? MR. ASHTON: Second. MR. LEFEBVRE: Seven days may be a little bit short. MR. ASHTON: We're pushing them because that -- MS. ELROD: The gate's fallen down. MR. LEFEBVRE: We can't take that into consideration because January 26, 2018 Page 95 it's a separate -- MR. ASHTON: You're looking at insects and stuff like that in the neighborhood can draw -- MR. LEFEBVRE: I understand. CHAIRMAN KAUFMAN: Nothing's going to happen in seven days that won't happen in 30 days. MR. ASHTON: Yeah, I know. At least this portion, and now the county can do something. MR. LEFEBVRE: Would this be something where the county would go in and cover the pool? INVESTIGATOR HOAGBOON: I believe we would vendor that out. Mr. Letourneau, do you have any -- MANAGER LETOURNEAU: Pardon me? INVESTIGATOR HOAGBOON: Would this be something we could vendor out as far as covering the pool? MANAGER LETOURNEAU: Yes. MR. LEFEBVRE: I'm wondering if the next case next month should have been heard together, because that's more of a -- I know the pool being green, but with our knowledge -- INVESTIGATOR HOAGBOON: Right, that complaint came later. MANAGER LETOURNEAU: Much later. INVESTIGATOR HOAGBOON: Yeah, I tried. MANAGER LETOURNEAU: As the violations started accruing, the pitchforks started coming out in the neighborhood and they started making a lot more -- CHAIRMAN KAUFMAN: I was going to ask, is the green pool, has that been reported by a neighbor? INVESTIGATOR HOAGBOON: Yes. Everything has. MR. LEFEBVRE: This is a particular case where I think the January 26, 2018 Page 96 county would need to go in and secure the pool or the mortgage holder. They may -- if there's -- INVESTIGATOR HOAGBOON: I guess they had a servicing contractor who's since posted on the property and they know that it's now abandoned and they're going to take, you know, measures to secure their interest, basically. MR. LEFEBVRE: Probably notice them as soon as possible probably would be a good idea, because ultimately any fines are going to probably fall upon them. INVESTIGATOR HOAGBOON: Right. CHAIRMAN KAUFMAN: So for a quick review, we have 59.91 paid in 30 days, seven days to abate the pool or a $250 a day fine. Am I correct? Okay, all those in favor? MR. LEFEBVRE: Aye. MS. ELROD: Aye. MR. DOINO: Aye. MR. ASHTON: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. INVESTIGATOR HOAGBOON: Thank you. CHAIRMAN KAUFMAN: Are you getting close, Kerry? MS. ADAMS: That was the last case. There's nothing else on the agenda. CHAIRMAN KAUFMAN: That's real close. Before we pack up, I want to again say we miss Jimmy Lavinski. We'll wave to him, he's I'm sure watching us. And we will see each other next month. January 26, 2018 Page 97 MR. ASHTON: Before we go, we've been particular kicking around with the violations. Is there any way that we could sit down with the county attorney or something to come up with a plan on, all right, some of them we will abate because, you know, like she had problems, she was on Social Security with her money. But there are ones that I think what they're doing is they see it on TV and they say, oh, I can just let it go and, you know, I'll do what I want to do, they're not going to fine me and I'll just walk away. CHAIRMAN KAUFMAN: Why don't we ask Jeff or Mr. Ossorio to see if he can set up sort of a workshop with us for one of the dates in the future, either before or -- not before, but after the code meeting or even on a separate date to have a discussion about this. And a rule, probably put it -- we have a rules meeting every year, so -- MR. LEFEBVRE: Do it then. CHAIRMAN KAUFMAN: -- do it then. MANAGER LETOURNEAU: When are the rules meeting? MS. ADAMS: March. CHAIRMAN KAUFMAN: It's generally the end of February or March. MANAGER LETOURNEAU: Yeah, that would probably be a good time to discuss this, I think. CHAIRMAN KAUFMAN: March should give you enough time to do that. MR. LEFEBVRE: We have this discussion every year. MANAGER LETOURNEAU: We do. And there's always some kind -- there's good points on both sides. And we always seem to get stuck with the response of every case is different and you have to take into varying factors of each case. It's hard to set a -- MR. LEFEBVRE: Hard and fast. MANAGER LETOURNEAU: Yeah, hard and fast monetary amount when every case has different factors to it. January 26, 2018 Page 98 MR. ASHTON: Not just because -- you know, like Sue said, well, we never did it so why hit them? There's got to be a formula that we can come up with that we can -- CHAIRMAN KAUFMAN: To be consistent. MANAGER LETOURNEAU: Well, my best response would be to, you know, really grill the investigator, myself and get our opinions on do we feel that the property owner dragged their feet or not or, you know, I mean there's -- MR. ASHTON: Yeah. MANAGER LETOURNEAU: It's tough, though. I mean, people -- I mean, a lot of these cases deal with less fortunate people that take a lot of time to gather the money to take care of these violations. MR. ASHTON: Like I said, you know, we can determine if we have a formula that we can come up with or some guidelines -- MS. NICOLA: I'm going to interrupt here. Because we have the legislature for that. We have rules that were put in place for this Board and we have statutes that were put in place for this Board. And it is not the function of a board to legislate from the bench, which is the suggestion. We've gone over this a bunch of times and we've gone through the rules and we've gone through the statute. The statute gives the Board a lot of discretion in deciding whether to impose the fines and what amount, or whether to not impose them at all. And it has to be considered on a case-by-case basis. If this Board comes up with a formula, it will certainly go before the Board of County Commissioners and be reversed. Because you can't do it. As much as everybody would love to do it, to come up with a formula, we cannot. CHAIRMAN KAUFMAN: Okay, well, let's skip the formula and how about just have an open-ended discussion? MANAGER LETOURNEAU: That sounds great. I'm sure that January 26, 2018 Page 99 there's something we can agree on. CHAIRMAN KAUFMAN: I have one other suggestion before -- MR. OSSORIO: Mr. Chairman, just for the record, Michael Ossorio, Collier County Code Enforcement. I agree with the Board's attorney. This Board sits as a quasi judicial board and you make those tough decisions. And you should hear those decisions and weigh those factors in on a case-by-case basis. So I agree with Jeff, we should have a meeting on rules, obviously, but that's probably not one we're probably going to look into. CHAIRMAN KAUFMAN: Okay. We'll take what you said into consideration. I have a suggestion. On our computers the place that says 6.A.1 or SC.34, I think I made this request once before, and I would like those to be bold so we can more easily spot them. I wouldn't think it would be a big deal to do, but -- MS. ADAMS: I inquired about it a couple of times and I was told no. To be honest, I was told no, they can't do it or they're not willing to work with the programmers that do it. There's a lot of people that use this system. We're not the only ones that use the Min-A-Trak system, so -- I mean, just to be honest. CHAIRMAN KAUFMAN: Well, I'm looking at, it says Collier County Code Enforcement Board. That's in bold. It says statement of violation, that's in bold. Even the SC33A in the top right corner, that's in bold. I can't believe that just on the other side of the paper that they couldn't make that bold. It's difficult to see. Especially with the lights in here. MS. ADAMS: Yeah, I understand. I don't know how -- what's involved in making that type of change. But like I said, I was told that they can't do it or they're not willing to do it. January 26, 2018 CHAIRMAN KAUFMAN: Okay. MS. ADAMS: I can try again. CHAIRMAN KAUFMAN: Then we'll complain again. Am I the only one than sees that as a -- MR. ASHTON: No, I think we talked about that before. It would be if it was bold -- because it is a little hard with this light reflection, sometimes you have to -- it's hard to find it. CHAIRMAN KAUFMAN: Well, it was a long meeting today, considering. We stand adjourned. MR. LEFEBVRE: Make a motion to adjourn. MR. ASHTON: Second. CHAIRMAN KAUFMAN: So adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :56 a.m. CODE ENFORCEMENT BOARD ROBERT KAUFMAN, Chairman These minutes approved by the Board on Feb a ,.D!' , as presented x or as corrected Page 100