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CEB Minutes 02/22/2018February 22, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE CODE ENFORCEMENT BOARD Naples, Florida, February 22, 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 Gerald J. Lefebvre Herminio Ortega Kathleen Elrod (Excused) Lionel L'Esperance (Excused) ALSO PRESENT: Kerry Adams, Code Enforcement Specialist Danny Blanco, Administrative Secretary Chris Ambach, District Supervisor Tamara Lynne Nicola, Attorney to the Board Co le-r county 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 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 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: CESD20170018508 OWNER: A V Vision LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.0.02.06(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)(I)(a) and 10.02.06(B)(I)(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: CESD201.70001888 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)(I)(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 21"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 15' 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 February 22, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: The respondents 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 minute unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of 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. If we'll all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: I'll go slightly out of order. I'm sure everybody on the Board has read the minutes from the last meeting. Any comments or changes to those minutes? (No response.) CHAIRMAN KAUFMAN: If not, motion to accept them? MR. ASHTON: Make a motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. February 22, 2018 Page 3 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We have six people today. You want to do the roll call, and we'll go from there. MS. ADAMS: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. ADAMS: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. ADAMS: Mr. Ronald Doino? MR. DOINO: Here. MS. ADAMS: Mr. Robert Ashton? MR. ASHTON: Here. MS. ADAMS: Ms. Sue Curley? MS. CURLEY: Here. MS. ADAMS: Mr. Herminio Ortega? MR. ORTEGA: Here. MS. ADAMS: Mr. Lionel L'Esperance has an excused absence, and Ms. Kathleen Elrod has an excused absence. CHAIRMAN KAUFMAN: Okay. So everybody up here now will be voting today. And we'd like to welcome our newest full-time member, Herminio. MR. ORTEGA: Thank you. CHAIRMAN KAUFMAN: And do we have any changes here? MS. ADAMS: We do. Roman Numeral V, public hearings, motions, Letter A, motions, motion for extension of time, we have one addition. It's from imposition of fines, No. 2, Item 6A2, Case CESD20160017293, Manuel Lopez Parchment. Letter B, stipulations. We have one addition. It's No. 6 from February 22, 2018 Page 4 hearings. Item 5C6, Case CEPM20160010841, Community Association for Mill Run, Collier County, Incorporated. Letter C, hearings, No. 1, Item 5C1, Case CESD20170018508, A V Vision, LLC, has been withdrawn. Number 2, Item 5C2, Case CESD20140020490, Betty M. Hijazi and David Lopez, has been withdrawn. Number 3, Item 5C3, Case CESD20170008064, Lynn V. Cadenhead, has been withdrawn. Number 4, Item 5C4, Case CESD20160019061, Charles Berkeley Tabling and Fia Michelle Carter, has been withdrawn. Number 5, Item 5C5, Case CESD20130017006, Casata Holdings, Incorporated, has been withdrawn. Number 7, Item 5C7, Case CESD20170001888, Alberto Hernandez, PA, has been withdrawn. Number 8, Item 5C8, Case CESD20170013474, Joseph J. Rios, has been withdrawn. Roman Numeral VI, old business, Letter A, motion for imposition of fines and liens, No. 3, Item 6A3, Case CESD20160011175, Maria O. Jimenez, has been withdrawn. And that's all the changes. CHAIRMAN KAUFMAN: Could we get a motion to accept the modified agenda. MR. DOINO: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: Aye. February 22, 2018 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. ADAMS: So the first item will be the motion for extension of time, Item 6A2, Case CESD20160017293, Manuel Lopez Parchment. CHAIRMAN KAUFMAN: Give the Board a couple minutes to take a look at this. (The speaker was duly sworn and indicated in the affirmative.) MR. LEFEBVRE: Looking for a 120-day extension of time, correct? CHAIRMAN KAUFMAN: Yeah. This one came up in June of '17; is that correct? MS. PEREZ: Yes. MR. LEFEBVRE: It says a violation was partially abated. What has been abated so far? MS. PEREZ: There was occupancy in the unpermitted structure, and that is no longer an issue. CHAIRMAN KAUFMAN: Okay. So that part, there are no fines. This is an unpermitted framed storage building/shed in the rear of an improved occupied residential property. When did the property become vacant; do you have the date on that? MS. PEREZ: The property itself is occupied by Mr. Parchment. The building itself was vacated during the time that the Board had allocated. They were in compliance. But the house itself is occupied by the property owner. MR. LEFEBVRE: The storage shed was -- MS. PEREZ: It was just the storage shed, yeah, that was vacated. CHAIRMAN KAUFMAN: Do you know when the permit was issued? February 22, 2018 Page 6 MS. PEREZ: The permit itself has not been issued. The permit was applied for on December 6th, 2016. There was a rejection letter that was submitted or, I'm sorry, issued to them December 14, 2016. And because they have not submitted for the corrections, the permit itself -- the permit application expired on June 12th, 2017, and no further submittals have been done since then. CHAIRMAN KAUFMAN: So if I read this, he was cited, or she or whatever, was cited. MS. PEREZ: Yeah. CHAIRMAN KAUFMAN: For seven months there was no permit applied for or issued. And once it was, it was rejected. And right now we're in a position where they're looking for more time. And I just don't understand why more time would be given when this is coming up on a year already. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Did the current owner build this structure? MS. PEREZ: No. The storage shed was already there. MS. CURLEY: And they just modified it? MS. PEREZ: Right. MS. CURLEY: And was there an option to demo it? MS. PEREZ: There is. There's always an option for them to remove it completely if they so wish to. MR. LEFEBVRE: Let me ask a couple of questions. When was this originally brought to the light of Code Enforcement? MS. PEREZ: The case itself was opened on October 20th, 2016. MR. LEFEBVRE: Okay. So then he did pull a permit in December? MS. PEREZ: Submitted for the permit application. MR. LEFEBVRE: Submitted, I should say. Submitted for a permit, and nothing's really happened since then except for it's been February 22, 2018 Page 7 vacated. I think there's plenty of time. From getting a rejection letter in December 2016, there's plenty of time to resubmit and get this permitted. I don't see why there should be an extension when it's been over -- well over a year. It's been a year and a half almost now. MS. CURLEY: Well -- and the stipulation agreement was signed December 5th, 2016. MR. ORTEGA: Do we know what this building is permitted as currently? As a storage or habitable space? MS. PEREZ: It's not permitted, but he's trying to get it permitted as storage, a 12-by-12 on an existing slab. MS. CURLEY: So it was put there before he owned the property -- MS. PEREZ: Correct. MS. CURLEY: -- but by someone else without a permit? MS. PEREZ: Correct. MS. CURLEY: Correct. CHAIRMAN KAUFMAN: He was notified back in 2016. MS. PEREZ: Yes, sir. CHAIRMAN KAUFMAN: This is 2018. As I look at this, the -- June 28th this was signed off on that it was heard. It said it issued an order in October. The respondent did contact the investigator. The reinspection was performed on June 22nd, 2017. I'm assuming that the reinspection was, do you have a permit? MS. PEREZ: Right. The initial inspection -- the initial -- one of the orders required him to cease and desist the use, which they did. The other one was, obviously, to get the permit, inspections, and CO, and that did not occur. On the corrections that they sent him -- the correction letter that he was sent back on December 14, 2016, the review was observed, the photographs that were in the code enforcement case, and required him February 22, 2018 Page 8 to resubmit that permit as a permit by affidavit, which that has not been done, and then there was some concern -- CHAIRMAN KAUFMAN: Let me stop you. That was done when? MS. PEREZ: This was December 14th, 2016, that they gave him the rejection, and then part of his correction was that he had to come back with a permit by affidavit, permitting packet, and then there was some concerns in regards to the setbacks of the building. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: So since then the permit, you know, application expired six months later because of the lack of re-submittal activity, and nothing has been done since June of 2016 -- 2017 that it expired. CHAIRMAN KAUFMAN: Okay. Well, we're just hearing whether or not we want to grant a 120-day extension, so... MR. LEFEBVRE: I make a motion that we deny it. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? Sue, you had something? MS. CURLEY: I was just wondering where Mr. Parchment was today. MS. PEREZ: I believe he's out of the country, is what the investigator that's assigned to the case told me. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to deny the request for an extension. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. February 22, 2018 Page 9 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we'll hear that case when it comes up. MS. ADAMS: The next case is Letter B, stipulations, No. 6 from hearings, Item 5C6, Case CEPM20160010841, Community Association for Mill Run, Collier County, Incorporated. CHAIRMAN KAUFMAN: This one is in our margin. Which case? MS. ADAMS: It's Item 5C6. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Give us a minute to take a look. Okay. Good morning. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. CHAIRMAN KAUFMAN: And could you state your name and your relationship with the organization. MR. VAN DER HEYDEN: My name is Terry Van Der Heyden, and I'm the president of the community association for Stonegate Mill Run. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record. MS. McGONAGLE: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.84 incurred in the prosecution of this case within 30 days of the hearing. Number 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 February 22, 2018 Page 10 Ordinance 88-25 within 90 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. Number 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. Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have any comments on the stipulation? MR. VAN DER HEYDEN: No, sir. CHAIRMAN KAUFMAN: Any comments from the Board? MR. LEFEBVRE: What's the scope of the work that needs to be done? MR. VAN DER HEYDEN: The scope of the work is to reposition the banks of a retention pond that's probably 150 feet by maybe 100 feet. MR. LEFEBVRE: And have you contracted already a company to do this work? MR. VAN DER HEYDEN: We're in the process of getting drawings so that the slope of the bank can be determined. And, in addition, we're engaging vendors in order to have the riprap that's around the structures to be repositioned. MR. LEFEBVRE: Is 90 days -- it sounds like a -- and plus, being an association, you have to have board approval and so forth. It sounds like 90 days may be a short time frame. MR. VAN DER HEYDEN: Well, we think it's relatively short, but our window to do this is short also. MR. LEFEBVRE: Right. February 22, 2018 Page 11 MR. VAN DER HEYDEN: Because we are looking at the rainy season beginning in probably July. MR. LEFEBVRE: June. MR. VAN DER HEYDEN: And so we think it's going to be tight. So either we wait until we move along and then ask for another stipulation or, if the Board wants to make it a little bit longer, that would agreeable also. MS. CURLEY: I have a question just real quick. It says the violation first was observed in 2007. MR. LEFEBVRE: That's a typo probably. MS. McGONAGLE: That's a typo. MS. CURLEY: And then it says, date owner was -- it says February 27, 2017. It says, date by which violation to be corrected is March 2012? Date reinspection January 1st, 2018. Is this -- MR. ASHTON: There's a lot of typos on that. MS. NICOLA: For the record, the 90 days would run May 23rd. MS. CURLEY: So I'm going to ignore that statement of violation's request for hearing page. So this just occurred -- this occurred after the storm? MR. VAN DER HEYDEN: No. This was something that was probably made worse by the storm but was something that had been present probably for at least maybe 18 months. MS. CURLEY: As long as it wasn't nine years. MR. VAN DER HEYDEN: But we did do a short remedy, but the remedy was not successful. MS. CURLEY: I'm glad it wasn't nine years ago. MR. VAN DER HEYDEN: Right. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make the motion to accept this stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we February 22, 2018 Page 12 have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MR. LEFEBVRE: I think 90 days is a little bit short. MR. ASHTON: Yeah. Me, too. MR. LEFEBVRE: Typically we don't change stipulated agreements, but I think another 30 days -- MS. CURLEY: Well, he can come back if he runs out of time. MR. LEFEBVRE: Okay. MR. VAN DER HEYDEN: Would that be acceptable? I mean, it's hard to -- after we do the permitting and get the vendors lined up -- CHAIRMAN KAUFMAN: I have confidence you'll be able to take care of everything in 90 days. Maybe you don't have the confidence. MR. VAN DER HEYDEN: I'm not sure if I have the confidence. CHAIRMAN KAUFMAN: Okay. We have that motion. We had the discussion. Any other discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. VAN DER HEYDEN: Thank you. February 22, 2018 Page 13 CHAIRMAN KAUFMAN: Okay. Hopefully we won't see you until after the rainy season. MR. VAN DER HEYDEN: Okay. CHAIRMAN KAUFMAN: Everything will be taken care of. MS. ADAMS: The next case is from Roman Numeral VI, old business, Letter A, motion for imposition of fines and liens, No. 1. It's Item 6A1, Case CELU20170004265, 11222 Tamiami, LLC. CHAIRMAN KAUFMAN: As I read this, this was a commercial container being stored on an unimproved lot. I assume that -- can you state your name on the microphone. MR. PURCIELLO: Yes. My name's Stephen Purciello, representative for the owner of the property. MS. NICOLA: Can you spell your last name, please. MR. PURCIELLO: P-u-r-c-i-e-l-l-o. MS. NICOLA: Thank you. CHAIRMAN KAUFMAN: You have the agreement from the owner to represent him? MR. PURCIELLO: Yes, sir. CHAIRMAN KAUFMAN: Okay. And this started back in, I see, back in June of 2017. It was abated January 16th, 2018; is that correct? MR. PURCIELLO: Correct. CHAIRMAN KAUFMAN: Can I ask why it took so long? MR. PURCIELLO: Sure. The basis of this whole situation was the trailer was a container for sprinkler pipe. The owner, when he purchased the building, was attempting to bring it into compliance. I was involved from the beginning, so I knew. So he owns the empty lot as well as the building. It was our mistake; we did not know placing the container to hold the pipe on the empty lot would have been a problem, but it was. The contractor, sprinkler contractor that provided the pipe, when February 22, 2018 Page 14 they delivered it, said it would be three weeks. And I delivered a $20,000 check to the sprinkler contractor. He dropped off the pipe and basically did nothing after that. So we own $20,000 of sprinkler pipe we can't use. CHAIRMAN KAUFMAN: So there was -- used it as a staging? MR. PURCIELLO: It was a staging. Now, they had applied for a permit at the time, but there was -- basically the holdup on that end was there's a Site Development Plan that needs to be done, and we've had a lot of difficulties with engineers. We're on our third engineering firm and second sprinkler contractor, and I think the basis of it is there's a lot of problems with the permitting process. There's asbestos in the lines, et cetera, et cetera. And it's become a labyrinth that the contractors don't want to deal with. So we ended up with the pipe and no contractor to fulfill the job. And they kept promising, promising. And so, in defense of the owner, he bought a nonconforming building. He's invested to this point almost $50,000. Probably going to end up in litigation with the sprinkler contractor for nonperformance of contract, and he's trying to do his best to bring this building into compliance, and invested a lot of money. CHAIRMAN KAUFMAN: How is it -- it says a violation has been abated. How is it abated? MR. PURCIELLO: Yeah. I was finally -- this trailer is extremely heavy with all this pipe. I was finally able to find a company with a trailer big enough to move it, so we moved it off the lot. MS. CURLEY: I remember, the pipes are massive, right? MR. PURCIELLO: They're enormous, and it's full. It was a very -- yeah, we tried with different companies, different trailers. We couldn't budge it. We finally got somebody to do it. So it's been a process. February 22, 2018 Page 15 MR. LEFEBVRE: What are you looking for? MR. PURCIELLO: At this point, you know, the owner's trying to do the right thing, and I think imposing fines at this point is injurious to him. He still has another $80,000 to go. We have to hire another contractor. He has to go after the sprinkler contractor for nonperformance of contract, so I think penalizing him at this point -- it's, you know, the pipe is ready to go. We have retained another engineering firm that's finally finished, finally, the Site Development Plan so we can actually move forward with permitting. So at this point this is going to move forward, and I'll make sure of it. And we've been in touch with John since the beginning of this. MS. CURLEY: Are you able to put those two properties together for one folio number so you can utilize that lot? MR. PURCIELLO: At this point we don't need to. I asked the owner about it. And if it got to the point where we couldn't find a vehicle big enough to moved this thing, we would have. But at this point it's moved, and it's kind of a nonissue. CHAIRMAN KAUFMAN: What does the county say? MR. MUSSE: We have no issues with the abatement of fines. CHAIRMAN KAUFMAN: No problem working with this -- MR. PURCIELLO: No, he's been great. He's kept in contact with me every step of the way. It's just taken a little longer than expected. MR. LEFEBVRE: Considering all the expenses and it seems like they have done their due diligence to try to get this trailer removed, I think -- I make a motion to deny the county's request to impose the fines. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. Any other discussion on the motion? (No response.) February 22, 2018 Page 16 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That means that the fines won't be imposed. We have our own weird way of saying that, but we can thank the legal eagles for that. MR. PURCIELLO: Thank you. MS. ADAMS: Okay. The next case, going in order of those that are present, is going to be No. 4 from imposition of fines. It's Item 6A4 on the agenda. Case CESD20160015133, Esmerido Castro. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Just give us a minute. Would you like to say something to begin, or should I go right to the respondent? MS. PEREZ: Well, just for the record, Cristina Perez, Code Enforcement. This is actually not Mr. Castro as the property owner. This is Mr. George Castro, the property owner's brother. The owner himself doesn't live in the United States. He lives out of country. And we've never spoken to the actual property owner. We've always just dealt with Mr. George Castro. CHAIRMAN KAUFMAN: Okay. And do you have the approval of your brother to speak in his behalf? MR. CASTRO: Not down here, but it's at my house. This is the permit for everything. I mean -- February 22, 2018 Page 17 MR. LEFEBVRE: Does he live there? MS. PEREZ: Yeah, he lives on the property. He explained to me earlier that they had -- they went to court, and they have a document that allows him to make actions on his behalf on this property. MR. LEFEBVRE: Like a power of attorney? MS. PEREZ: That's what I said, power of attorney. He didn't know the actual name, but he said he did have a document. CHAIRMAN KAUFMAN: Okay. Well, we're here to impose a fine of -- it looks like it's $86,124 for a new exterior door, a wall mounted air-conditioning unit, partition walls and plumbing fixtures installed. Has anything been done to abate this situation? MR. CASTRO: This is the more permit for this one, but now, this is a problem in my roof. This is the opening, the hole, and inside the house is a problem now. This is -- this was for the -- CHAIRMAN KAUFMAN: If you want to show that as a document for your case, we have to take that and you won't get it back; am I correct? MS. PEREZ: Yeah, if it's -- so if you show it to us, you have to give it to us. He's just trying to explain that he started drawing the plans to be able to submit for that permit, but there's no permit that's been applied for yet. CHAIRMAN KAUFMAN: No permit. This began in March of 2017. I'm looking here. Was this a -- MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Wait till I finish my sentence. Is this a facility that was going to be used to rent out to other people or -- I don't quite understand this situation. MS. PEREZ: Yes. Initially it was some renovations that were done to an attached garage of the home that was being utilized for living quarters. CHAIRMAN KAUFMAN: Okay. In violation? February 22, 2018 Page 18 MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. Thank you. MR. ORTEGA: Was the violation done by the owner, or was it there previously? MS. PEREZ: The owner -- that -- I don't know if the owner himself, you know, did this or if his brother did the enclosure to that. MR. ORTEGA: Let me rephrase the question. Was it done under the ownership of the current owner? MS. PEREZ: I don't think we have that information to know if they did that work or if someone else did it. CHAIRMAN KAUFMAN: Actually, it doesn't matter. It's the owner when it was cited. MR. LEFEBVRE: And operational costs, according to this, have not been paid. CHAIRMAN KAUFMAN: Yeah. So we're not going to even hear the case. So does he understand that without operational costs being paid, we won't entertain anything? MS. PEREZ: We did have that discussion in the hallway. You know, I told him that these documents are sent to them. I did tell him without that initial operational cost being paid, that you guys don't consider granting any additional time. He said that he wasn't aware of that. I explained to him that it was on the documents initially when they're sent to them, to his brother. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do you know how long they've owned this property? I'm just curious. MS. PEREZ: I don't have the deed with me. I know the case, we've had it open since September 2016. CHAIRMAN KAUFMAN: Not here to hear it. MR. ASHTON: Right. February 22, 2018 Page 19 CHAIRMAN KAUFMAN: And it doesn't matter how long they've had it. It's in violation. The operational costs have not been paid, and we follow our precedent in not spending any more time on this. So if somebody would like to make a motion. MS. PEREZ: What I'll do is I'll read the imposition-of-fine request into order (sic). CHAIRMAN KAUFMAN: Sure. MS. PEREZ: This is in reference to Case No. CEB -- CESD20160015133. Violations of the Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 5260 21st Place Southwest in Naples. Folio number is 36378000007. Description is a new interior door, a wall mounted air-conditioning unit, partitioned walls, and plumbing fixture installed or added to the existing attached garage on improved occupied residential property without obtaining a permit. Past orders: On March 23rd, 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 in order to correct the violation. See the attached order of the board, OR5377, Page 511, for more information. The violation has not been abated as of February 22nd, 2018. Part B of the order, fines have accrued at the rate of $200 per day for a period of July 22nd, 2017, to February 22nd, 2018, 215 days, for a total fine amount of 43,000. Part C of the order, fines have accrued at the rate of $200 per day for a period between July 22nd, 2017, to February 22nd, 2018, 215 days, for a total fine amount of $43,000. Fines continue to accrue. Previously assessed operational cost of 65.01 have not been paid. February 22, 2018 Page 20 Operational costs for today's hearing was $59.28. Total amount is $86,124.29. CHAIRMAN KAUFMAN: Okay. I know that this will probably go before the county commissioners, and it seems that $86,000 is probably an excessive amount for them to consider. So if anybody would like to pick a number that -- and it's going to continue to accrue as well, or we can do your motion. MS. CURLEY: So -- excuse me. So these fines will continue to accrue until this is -- MS. PEREZ: Until there is a demolition permit to restore the building back to its original permitted state or a building permit to permit the additions that have been made. We did talk about the next step once the permit is, you know, approved, inspected, and CO'ed as far as coming through on our department to submit a letter for the Board of County Commissioners' consideration of the fines. MR. LEFEBVRE: Has he stated if he's willing to pay the operational costs? MS. PEREZ: We didn't go over that outside. MR. LEFEBVRE: Maybe we should. Do you understand? MR. CASTRO: A little bit. MR. LEFEBVRE: Okay. You have to pay operational costs. If that is not paid, we don't consider giving any kind of extensions. MR. CASTRO: Okay. MR. LEFEBVRE: Until that's paid. MR. CASTRO: Okay. But the paper for the pay not coming from my house. MR. LEFEBVRE: It goes to the owner, which is where your brother. MR. CASTRO: Yeah, but my -- my house and me everything they (sic) for my house. Me. My brother's in Cuba, but on me, every February 22, 2018 Page 21 day is in my house. This is my house. CHAIRMAN KAUFMAN: Why don't we table this for a couple minutes. I'm sure that you'll be able to understand the respondent better than we can right now, and you can discuss that, come back and let us know what's going on. MR. LEFEBVRE: Make a motion that we table this for -- CHAIRMAN KAUFMAN: Ten minutes, whatever. MS. PEREZ: Now, would you consider just his word that it will be paid today if he requested something from you? MR. LEFEBVRE: We do that all the time. MS. PEREZ: Okay. Thank you. MR. LEFEBVRE: Thank you. MS. ADAMS: The next case will be No. 6. It's Item 6A6, Case CESD20160019904, Nilkanth Hospitality, Incorporated. Actually, Cristina is going to be doing that one as well, so I don't know if you guys want to go to the next one that was the last of the items where somebody's present, but that's -- Cristina's presenting that one as well -- CHAIRMAN KAUFMAN: Okay. MS. ADAMS: -- so we'll skip over that. While we're waiting, there's been one other change to the agenda. I'll just put that on the record. It's No. 5 from imposition of fines, Item 6A5, Case CEROW20150023030, Patrick J. Brown and Beatriz Z. Perez, has been drawn. CHAIRMAN KAUFMAN: Okay. Get a motion to modify the agenda? MR. DOINO: Motion to modify. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. February 22, 2018 Page 22 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. ADAMS: The one I was going to go back to, the person that's not here, the motion to dismiss that was denied, Cristina's also doing that one, too. So the ones that are left Cristina is doing. So if you guys want to take a break. CHAIRMAN KAUFMAN: We're going to take a 10-minute break right now to let the stenographer heal her aching fingers. MS. ADAMS: Okay. Thank you. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. We've got our act together? MS. PEREZ: We do. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: For the record, Cristina Perez. Collier County Code Enforcement. Mr. George Castro did pay his operational costs, and we provided him a receipt for the $65.01. CHAIRMAN KAUFMAN: Okay. So now we can talk. Okay. I'm going to go back. This was 5? 3? Which one? MR. ASHTON: Four. CHAIRMAN KAUFMAN: Four. I knew it was one of those numbers. MS. CURLEY: So does anybody remember this? Because normally we don't do A and B -- I mean B and C. Was there a Part A that was already repaired here that we're not seeing? MS. PEREZ: Usually the Part A, the order just says the February 22, 2018 Page 23 respondent is found guilty of the violation. MS. CURLEY: And so does anyone know why we split this up like this? CHAIRMAN KAUFMAN: One was, I think, people were living in there. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: And the other one was to rid the property of the violation. MR. LEFEBVRE: If you read, order of the Code Enforcement Board, it will explain what our order is. MS. NICOLA: I have a copy of it. Do you guys want to see it? MR. LEFEBVRE: It's right here. MS. CURLEY: No. It's just easier to ask. MS. NICOLA: That's just because A is always the provision that says you're found guilty. MR. LEFEBVRE: A says, respondent's found guilty of violating. B says, respondent must abate the violation by obtaining all Collier County building permits or demolition permit, inspections, certificate of completion/occupancy on or before July 21st, 2017, or a fine of $200 a day will be imposed, and then C is respondent must abate the violation by ceasing the use of unpermitted converted garage. CHAIRMAN KAUFMAN: What I'd like to do right now is to go back to Herminio for you to re-ask that question that you asked earlier. MR. ORTEGA: The reason why I asked the question of whether the owner was the owner at the time the violation occurred is that he may no longer be able to use a permit by affidavit, if the intent is to try to salvage what he's got. MS. PEREZ: Right. And that is Mr. Castro's intent. Without hearing the case all over again, he's utilizing the entire home. The home -- no other occupants or tenants are in the home except for Mr. February 22, 2018 Page 24 Castro, including the space that -- it wasn't the entire garage that was converted. It was partial. There was a room and a restroom that he wishes to salvage and permit. That is his intent. CHAIRMAN KAUFMAN: That goes back to his question, though. MS. PEREZ: It was created by them. CHAIRMAN KAUFMAN: How long was this property owned -- if this was modified during the time that they owned it, what Herminio is saying, correct me if I'm wrong, you can't get an affidavit. You have to pull it out. MS. PEREZ: It was owner modified. MR. ORTEGO: Let's go back a minute. It's not that you have to pull it out. There's other means to be able to abate the violation, but it would -- this would be something that he would want to talk to staff before spending any more energies on it. MS. PEREZ: Yeah. Kerry and I actually had that conversation that I was going to see if I could get a copy of his plans and talk to staff and see what -- you know, what can be done before, like you said, he even comes in and tries to attempt the full permit process. MR. ORTEGA: Right. Because, again, supposedly my understanding was that as a result of a new code, it would trigger -- that permits by affidavit would be designed for the non-violator. What I found out this week is that this goes back to the 2010 Florida Building Code. It's just being administered differently. But as of right now, permits by affidavit are for the non-violator. Now, what does that mean? It means that he can go through the permit process, and he's going to have to do that if he wants to salvage it, and request inspections. The inspector will come on site, inform him of what he needs to remove. Because, again, you no longer have the luxury of the permit by affidavit if he's the violator. February 22, 2018 Page 25 MS. CURLEY: Well -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'm torn here a little bit because we're -- this is the end of the road for this, correct? CHAIRMAN KAUFMAN: It can be, or -- MS. CURLEY: So I sort of -- like, I mean, $43,000, he could build a whole new garage with an apartment on top of it. CHAIRMAN KAUFMAN: It's 86,000. MS. CURLEY: I'm only talking about Infraction B. As far as I'm concerned, Infraction C, we could deny the county's request for this fine because he removed any tenants or any living people from there. So as far as I'm concerned, C is gone. So we could abate that fee and then just concentrate -- because the fines should have stopped accruing for C the minute the person moved out. MS. PEREZ: He was the occupant in that area. MS. CURLEY: In that house? MS. PEREZ: In that unpermitted area. He was the occupant, and the home was being rented to a tenant. MS. CURLEY: I see. Thank you. MS. PEREZ: So he utilizes the entire home himself. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So that's why the fine continues to accrue. MS. CURLEY: So now he lives in the regular structure full time? MS. PEREZ: Now he is the only occupant of the home, yes. MS. CURLEY: In the regular structure, though, not in the addition? MS. PEREZ: He doesn't physically live in that portion, correct, yeah. MS. CURLEY: So that's my same thought process on that is that February 22, 2018 Page 26 C has been fixed so I wouldn't be adverse to making a motion to deny. CHAIRMAN KAUFMAN: I want to correct. I don't think C has been fixed. If he is living in the house that has an illegal portion of it -- MS. CURLEY: It's the garage, right? CHAIRMAN KAUFMAN: Yes. MS. PEREZ: It's all connected together, and it's all full access. CHAIRMAN KAUFMAN: Yeah. So the fines will continue to accrue. That has not been abated. MS. CURLEY: No, but C was just to have nobody live in that section. CHAIRMAN KAUFMAN: Let me ask. Is C continuing, or has it been abated? MS. PEREZ: It has not been abated because C says that it is -- cease by using the permitted converted garage as living space and shut off the utilities to that area. CHAIRMAN KAUFMAN: So it has not been abated? MS. PEREZ: No. CHAIRMAN KAUFMAN: So the fines continue to accrue. Okay. Sue? MS. CURLEY: I thought it was a separate garage. CHAIRMAN KAUFMAN: No. MR. LEFEBVRE: It's attached. MS. CURLEY: So there's power and everything. MS. PEREZ: It's attached, yeah. It's all the same garage. CHAIRMAN KAUFMAN: It's like walking from one room to another room. MS. PEREZ: Correct. MS. CURLEY: Why? MS. PEREZ: It's just the way that it -- how they modified it. MS. CURLEY: Well, why has nothing changed; do you know? February 22, 2018 Page 27 MS. PEREZ: Because he wants to -- he wants to keep that room that was in the garage, and he wants to keep the bathroom that was made in the garage. And it's towards the back end where it just runs continuously with the home. MS. CURLEY: I want a lot of things, too. CHAIRMAN KAUFMAN: Well -- okay. Any other discussion on this case? (No response.) CHAIRMAN KAUFMAN: Would somebody like to make a motion? MR. LEFEBVRE: A motion to continue, the fines will still accrue, correct? CHAIRMAN KAUFMAN: That's correct. MR. LEFEBVRE: I make -- CHAIRMAN KAUFMAN: If you grant a continuance. MR. LEFEBVRE: I make a motion to continue for 90 days. MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to grant a 90-day continuance. Any discussion on that? My comment on that is what happens after 90 days? He's in the process of resolving this situation? MS. PEREZ: Correct. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor opposed? MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. February 22, 2018 Page 28 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. One opposed, five ayes. We would most likely, since this is continuing, be back here either in 90 days or before that if this is -- becomes into compliance. MS. PEREZ: Correct, and I'll take his paperwork and try to work with staff, as Herminio suggested, and get the best resolution for him. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And if he can be noticed of these -- he's already -- he noticed of the hearing because he's here, but I don't know if there's a way to make sure it clearer to him what -- MS. CURLEY: Yeah. If he has documentation that states he can speak on behalf of the owner, then why wouldn't he be included in the notices? If the original notice is going to another country and he can provide you with that -- MS. PEREZ: No. Just for the record, the original notices as going to this address. I did show him the original notice. He actually has the documentation from Property Appraisers that shows this as the physical mailing address. And I explained to him the notice was sent in March of 2017. He says he may or may not have been here during that time. He doesn't recall. CHAIRMAN KAUFMAN: Ordinarily notices are sent to the same place where the tax bill is sent. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: The taxes been paid? MS. PEREZ: And it's at this -- yes, he actually does all the finances for it. CHAIRMAN KAUFMAN: Okay. MR. ORTEGO: I've got one more question on this case. February 22, 2018 Page 29 CHAIRMAN KAUFMAN: Okay. The case is done, but ask your question anyhow. MR. ORTEGA: Is he owner or part owner on this property? MS. PEREZ: No. It is -- his brother is the only owner. They have a court agreement that he has the power of attorney of some sort on this property. So I will ask for that documentation as well to have that for the record. MR. ORTEGO: I would also probably contact Contractor Licensing on that as well. MS. PEREZ: Okay. CHAIRMAN KAUFMAN: Okay. MR. CASTRO: Why is the permit -- one sec. Is this -- my owner in my brother (sic), but contract -- contractor for the house is just my brothers and me in the paper. MR. ORTEGO: I don't understand what he's -- MS. PEREZ: He says the court paper is -- he and his brothers are on that together. MR. ORTEGO: So they own that -- so he owns -- part owner? MS. PEREZ: There's some kind of a court document that was done not long ago that he says that he is on there, but as of county records -- the records for Tax Collector, it's just his brother. MR. LEFEBVRE: Is there any way we can get in touch with the brother? That would probably -- MS. PEREZ: Yeah. I did speak to him about that, that we have -- you know, at one point or another I need to speak with the brother. MR. LEFEBVRE: Very good. MS. CURLEY: And also, the civil court will see that document, but unless it's recorded in the other public records court, then they won't acknowledge it at the assessor's office. MS. PEREZ: I'll talk to him about that, too. February 22, 2018 Page 30 CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Thank you. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Thank you. If you have any more questions about what just happened here, Cristine will love to take care of those questions. And then we need Cristine back because she has the balance of our cases. MR. CASTRO: Thank you. CHAIRMAN KAUFMAN: So we should take an hour -- no. Which is the next case? MS. ADAMS: I'll go ahead and call the next case. It's No. 6 from imposition of fines. It's Item 6A6. Case CESD20160019904, Nilkanth Hospitality, Incorporated. I believe you should have a revised document in front of you for this case. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Do you want to -- MS. PEREZ: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement. This is in regards to CEB Case No. CESD20160019904. Violations: Collier County Land Development Code 04-41, as amended, Section 02.06.06(B)(1)(a). Location: 721 North 15th Street, Immokalee, Florida, 34142, Folio No. 75210040005. Description: The installation of new staircase and impact windows to the main structure without first obtaining a Collier County building permit. Past orders: On April 28th, 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 February 22, 2018 Page 31 correct the violation. See the attached order of the board, OR539, Page 3729, for more information. The violation has been abated as of January 5th, 2018. Fines and costs to date are as follows: Fines have accrued at the rate of $100 per day for the period from August 27, 2017, to January 5th, 2018, 132 days, for a total fine amount of $13,200. Previously assessed operational costs of $63.75 have been paid. Operational costs for today's hearing are $59.35. Total amount is $13,259.35. CHAIRMAN KAUFMAN: Good morning. MR. PATAO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone. MR. PATAO: Yes, Pragnesh Patao (phonetic). CHAIRMAN KAUFMAN: Could you say that again. MR. PATAO: Pragnesh Patao. CHAIRMAN KAUFMAN: Thank you. MS. NICOLA: How do you spell your first name? MR. PATAO: P-r-a-g-n-e-s-h. CHAIRMAN KAUFMAN: Okay. This originally -- this goes back to -- the last order was April 28th, '17, so nine months ago. It was a staircase and -- MR. PATAO: Yeah, it's already been removed, and all the work has been done by the permit. CHAIRMAN KAUFMAN: Okay. Did you do this or -- MR. PATAO: No, I got a contractor. CHAIRMAN KAUFMAN: No, no, no. Did you put the staircase in originally, or was it that way when you purchased it or -- MR. PATAO: No, no. We did it on ourself. MS. PEREZ: But he hired a contractor, and the contractor failed to get the permit. So Contractor Licensing dealt with that contractor, February 22, 2018 Page 32 and they finished up. The owner finished the permit and the CO. CHAIRMAN KAUFMAN: Okay. Comments from the Board? Your request? MR. PATAO: Yeah, I was wondering if you can waive the penalty for me, please. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? MR. PATAO: It's because it takes time, because we are kind of new. I try to find a contractor, a little harder to find a contractor and get the architect and contractor get together and working the same line. That's why we took a little longer. MS. CURLEY: It's pretty fast considering we had a hurricane in between then, and now you can't even get windows or anybody to help with that. So I can feel your pain. MR. LEFEBVRE: Well, the windows were already installed. MS. CURLEY: Well, they had to be reinstalled, though. CHAIRMAN KAUFMAN: Well, it's been abated however it's been abated. I don't know. MS. CURLEY: I make a motion to deny the county the $13,259.35. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: I second that motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? MS. CURLEY: I just think it's a hardship that this person hired somebody who didn't do the rules right, and I'm sure that the Contractor Licensing handled the fines that the county can use. CHAIRMAN KAUFMAN: My question on this is, how did this happen to begin with? Were these, staircase and the windows, installed by you? February 22, 2018 Page 33 MR. PATAO: Yes, sir. CHAIRMAN KAUFMAN: And then I would ask why you didn't get a permit. MR. PATAO: We just moved here from Mississippi, and we didn't know we had to get a permit, so -- then we realized we had to get a permit, so then we redid it on the right way. And there's no staircase anymore. We just only changed the windows. CHAIRMAN KAUFMAN: Okay. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Thank you, Board Members. MR. PATAO: Thank you, sir. MS. ADAMS: Okay. And the last item will be Item 6A2 on the agenda, Case CESD20160017293, Manuel Lopez Parchment. That was the motion that was denied. CHAIRMAN KAUFMAN: Right. MS. CURLEY: What number again? CHAIRMAN KAUFMAN: 6A2. MS. CURLEY: 6A2. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Cristina Perez, Collier County February 22, 2018 Page 34 Code Enforcement. This is in regards to CEB Case No. CESD20160017293. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 2069 41st Terrace Southwest, Naples, Florida, 34116; folio is 35740520006. Description is an unpermitted framed storage building/shed in the rear yard of improved occupied residential property. Past orders: On June 22nd, 2017, the Code Enforcement Board issued 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, OR5410, Page 3368, for more information. The violation has been partially abated as of June 22nd, 2017. Fines and costs to date are as follows: Part B of the order, fines have accrued at a rate of $250 per day for a period from October 21st, 2017, to February 22, 2018; 125 days for a total fine amount of $31,250. Part C of the order: No fines accrued. Fines continue to accrue on Part B of the order. Previously assessed operational costs of $65.01 have been paid. Operational cost for today's hearing is $59.42. Total amount is $31,309.41. CHAIRMAN KAUFMAN: Have you been in contact with the respondent? MS. PEREZ: Not since receiving his extension letter, his request-for-extension letter. CHAIRMAN KAUFMAN: Prior to that? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Did he indicate that he was going to attend or not attend today? February 22, 2018 Page 35 MS. PEREZ: The investigator advised that he was out of the country, so he was not intending to attend today's hearing. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Financial hardship, but he's out of the country. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. LEFEBVRE: Make a motion that we impose the fines. MR. DOINO: Second on that. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fines. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, Board Members. CHAIRMAN KAUFMAN: And that, I think, brings us to the end of the hearings and the impositions. MS. ADAMS: Yes. CHAIRMAN KAUFMAN: I want to thank Kerry for her extra email to save us time, when cases are pulled, that we don't have to review them before the meeting. That's worked out well. Any comments from the Board on anything? (No response.) February 22, 2018 CHAIRMAN KAUFMAN: Hearing none, we are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10: 10 a.m. O FE g NFOR' EMENT BOARD :E ' Tal—MAN, CHAIRMAN These minutes approved by the Board on Mock Z 20 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 36