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CEB Backup Documents 02/22/2018 Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 22, 2018 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Member Lionel L’Esperance, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Kathleen Elrod, Alternate Vacant, 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 proce edings 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: CESD20170018508 OWNER: A V Vision LLC 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 and additions commenced without obtaining proper Collier County Building Permits. FOLIO NO: 32488080005 VIOLATION 4588 Parrot Ave, Naples ADDRESS: 2. CASE NO: CESD20140020490 OWNER: Betty M Hijazi and David Lopez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). An addition to the main structure without obtaining a Collier County Building Permit. FOLIO NO: 40233720007 VIOLATION 2545 Randall Blvd, Naples ADDRESS: 3. CASE NO: CESD20170008064 OWNER: Lynne V. Cadenhead OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired building permit PRBD20150827018. FOLIO NO: 74414040006 VIOLATION 3414 Cherokee Street, Naples ADDRESS: 4. CASE NO: CESD20160019061 OWNER: Charles Berkley Tabeling and Fia Michelle Carter OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired permit PRBD20131024457 and alterations to include canopy, boat lift (electric), floating dock, ramp, and stairs. FOLIO NO: 52341720000 VIOLATION 15 Capri Blvd, Naples ADDRESS: 5. CASE NO: CESD20130017006 OWNER: Casata Holdings Inc OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Completion. Brick fire pit, wood playhouse and tiki hut built without obtaining required Collier County Permits. FOLIO NO: 162080007 VIOLATION 500 Euclid Ave, Naples ADDRESS: 6. CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c). Failure to maintain lake and storm water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION No Site Address ADDRESS: 7. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A 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). Enclosed overhead door opening with a cement block wall with double man door in it without obtaining required Collier County Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road Unit 4, Naples ADDRESS: 8. CASE NO: CESD20170013474 OWNER: Joseph J. Rios 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) and 2014 Florida Building Code Section 105.1. Metal shed to the east of the property and the pergola to the south of the property constructed without permits, concrete fencing on the back of the property without Collier County Building Permits. FOLIO NO: 34615001156 VIOLATION 40 Wickliffe Drive, Naples ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CELU20170004265 OWNER: 11222 Tamiami LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Commercial container being stored on an unimproved lot. FOLIO NO: 60783280006 VIOLATION No Site Address ADDRESS: 2. CASE NO: CESD20160017293 OWNER: Manuel Lopez Parchment OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. FOLIO NO: 35740520006 VIOLATION 2069 41st Ter SW, Naples ADDRESS: 3. CASE NO: CESD20160011175 OWNER: Maria O. Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 VIOLATION 5326 Trammell St., Naples ADDRESS: 4. 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 garage on improved occupied residential property without first obtaining a permit. FOLIO NO: 36378000007 VIOLATION 5260 21st PL SW, Naples ADDRESS: 5. CASE NO: CEROW20150023030 OWNER: Patrick J. Browne and Beatriz Z. Perez 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: 00164960002 VIOLATION 203 Willoughby Dr., Naples ADDRESS: 6. CASE NO: CESD20160019904 OWNER: Nilkanth Hospitality Inc OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). The installation of new staircase and impact windows to the main structure without first obtaining Collier County Building Permit. FOLIO NO: 75210040005 VIOLATION 721 N 15th St., Immokalee 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 MARCH 22, 2018 AT 9:00 A.M. XII. ADJOURN O., (2" COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20140020490 Board of County Commissioners, Collier County, Florida Vs. Betty M. Hijazi & David Lopez Violation of the Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a). Tony Asaro, Code Enforcement Official Department Case No. CESD20140020490 DESCRIPTION OF VIOLATION: An addition to the main structure without obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) for the addition to the main structure or demolition permit to restore to its original permitted state, inspection, and Certificate of Completion/Occupancy within days of this hearing or a fine of per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20160010841 Board of County Commissioners, Collier County, Florida Vs. Community Association for Mill Run& Stonegate Collier County Inc Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c) Michele McGonagle, Code Enforcement Official Department Case No. CEPM20160010841 DESCRIPTION OF VIOLATION: Failure to maintain lake/stormwater management retention by allowing silt and rocks to alter the slope and configuration of the lake. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Permit(s), inspections, and Certificate of Completion/Occupancy to restore and maintain the lake and embankments as originally permitted and designed as stated in PUD Ordinance 88-25 within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. 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. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20160010841 Community Association for Mill Run&Stonegate Collier County Inc Respondent(s)„ STIPULATION/AGREEMENT COMES NOW, the undersigned, T 1•t L411 /)er 1 P 4)1 on behalf of himself or f Si& Oeakfrr- iv6A7 h I) ) leu 'd as re. -ntative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20160010841 dated the 27th day of February, 2017. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is currently scheduled for February 22, 2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Failure to maintain lake/stormwater management retention by allowing silt and rocks to alter the slope and configuration of the lake. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$59.84 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Permits) or Demolition Permit, inspections, and Certificate of Completion/Occupancy to restore and maintain the lake and embankments as originally permitted and designed as stated in PUD Ordinance 88-25 within 90 days of this hearing or a fine of$100.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. t24 hews make arab me by alone sr fax and elate daring ere wariatee k. mne wicitaion its abetted 24 haws bear to a Samardarg,Sunday ar Ilegak kaiidsrp,Men Vie inetacatarf must be made be b e mere day brat is Int a Samba ay,Su ith w alga hairdo,j, 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ret) QYl )erlic /den [ � Res or Representative / �� ponpeiM prese e,(Si9n) Enc Short, Supervisor for Michael Ossorior, Director Code Enforcement Division 1)" / Respondent or Represen five (print) Date ,2 -22---218 Date REV 3-29-16 RCN d/C1 \/ (A) I COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20170004265 Hearing Date: 02/22/2018 Board of County Commissioners vs. 11222 Tamiami LLC Violation(s): Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Location: No Site Address Folio: 60783280006 Description: Commercial container being stored on an unimproved lot. Past Order(s): On June 22, 2017, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5410 PAGE 3388, for more information. The violation has been abated as of January 16, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from August 22, 2017 to January 16, 2018. (148 days) for a total fine amount of$14,800.00 Previously assessed operational costs of$66.69 have been paid. Operational Costs for today's hearing: $59.42 Total Amount: $14,859.42 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Removed container from unimproved lot c) Any previous violations committed by the Respondent/violator: Property owner has an open case on the neighboring property—Case No. CESD20170008234 d) Any other relevant factors: None \d(A) 2. February 5, 2018 2069 41st Terrace SW Naples, FL 34116 Case: CESD20160017293 To whom it may concern, I would like to request a 120-day extension of time in order to complete building permit PRBD20161245745 for my storage shed. I need the additional time due to undergoing a financial hardship. I'm currently working on pending corrections for the building permit as requested by Collier County. Regards, Mr. Manuel Lopez P rchment Rev 1 sed ‘0, A COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20160019904 Hearing Date: 02/22/2018 Board of County Commissioners vs. Nilkanth Hospitality Inc Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 721 N 15TH ST, IMMOKALEE, FL 34142 Folio: 75210040005 Description: The installation of new staircase and impact windows to the main structure without first obtaining Collier County Building Permit. Past Order(s): On April 28, 2017, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5390 PAGE 3729, for more information. The violation has been abated as of January 5, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from August 27, 2017 to January 5, 2018. (132 days) for a total fine amount of$13,200.00 Previously assessed operational costs of$63.75 have been paid. Operational Costs for today's hearing: $59.35 Total Amount: $13,259.35 a) The gravity of the violation: Low b) Any actions taken by the violator to correct the violation: Obtained a permit, inspections and Certificate of Occupancy. Respondent contacted the investigator to advise the violation was abated. c) Any previous violations committed by the Respondent/violator: No d)Any other relevant factors: None