Loading...
CEB Minutes 04/27/2018April 27, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, April 27, 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 Ron Doino Gerald J. Lefebvre Herminio Ortega Kathleen Elrod Ryan White Sue Curley (Excused) Lionel L'Esperance (Excused) ALSO PRESENT: Danny Blanco, Code Enforcement Cristina Perez, District Supervisor Tamara Lynne Nicola, Attorney to the Board Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 April 27, 2018 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Lionel L’Esperance, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Kathleen Elrod, Alternate Ryan White, 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: CELU20180001084 OWNER: Judith Telfort OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Outside storage and / or litter consisting of but not limited to: furniture, bed frames, tables, chairs, cardboard boxes, foam, tarp, metals, plastics, etc. FOLIO NO: 77214040009 VIOLATION 158 5th St., Naples, FL ADDRESS: 2. CASE NO: CESD20170010243 OWNER: Jean Jorhel Decembre and Yoland Jean Domond OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Observed an unsecured swimming pool missing an approved pool barrier in the rear yard of improved occupied residential property. FOLIO NO: 35771000003 VIOLATION 4257 17th Ave SW, Naples, FL ADDRESS: 3. CASE NO: CELU20180001110 OWNER: Geraldine Russell OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179. Observed the outside storage consisting of but not limited to: tires, water heater, furniture, plastics, etc. FOLIO NO: 442960009 VIOLATION 189 6th St., Naples, FL ADDRESS: 4. CASE NO: CESD20180003319 OWNER: SN SCP LLC OFFICER: Arthur Ford 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). Permit PRBD20170416174 expired November 4th, 2017, no contractor involvement. FOLIO NO: 66674378306 VIOLATION 342 Cromwell Ct., Naples, FL ADDRESS: 5. CASE NO: CESD20170011136 OWNER: Somar 1939 LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Two expired buildings permits for the property (PRBD20111005151) and (20151238615) pertaining the reconstruction of the home from fire damage. FOLIO NO: 37062200002 VIOLATION 1361 Golden Gate Blvd W, Naples, FL ADDRESS: 6. CASE NO: CESD20170019429 OWNER: US Realty Investments 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). Renovations on home commenced prior to obtaining proper Collier County Building Permits. FOLIO NO: 61430880004 VIOLATION 3196 Connecticut Ave, Naples, FL ADDRESS: 7. CASE NO: CESD20170007444 OWNER: Isis Amaro OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Five metal carport(s) with electric, a shipping container, pole barn, a back porch attached to the primary structure, Lanai converted into living, an addition attached to the lanai also converted into living space all constructed without first obtaining the authorization of the required permit(s), inspections, and certificate(s) of occupancy as required by the Collier County Building. FOLIO NO: 37016400007 VIOLATION 310 11th St. SW, Naples, FL ADDRESS: 8. CASE NO: CESD20170019104 OWNER: Mission Hills Station LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.13(F). 2017 PUD Monitoring Report has not yet been submitted. FOLIO NO: 60204200044 VIOLATION 7550 Mission Hills Dr., Naples, FL ADDRESS: 9. CASE NO: CESD20170006435 OWNER: Midland Ira Inc Scott Toth IRA OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Remodeling improvements to include electrical and plumbing made to the kitchen and bathrooms without Collier County Building Permits. FOLIO NO: 51493480008 VIOLATION 2224 Regal Way, Naples, FL ADDRESS: 10. CASE NO: CESD20170009657 OWNER: Jose Padilla OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(b) and Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(e)(i), and Florida Building Code, 5th Edition, Chapter 1, Part 2, Section 105.1. Permit No. PRBD20141133287 for a, “Install wooden fence in back of house and chain link in front.” Permit was issued on November 26, 2014 and did not receive a passing inspection for 180 days and now has a “void” status as of May 25th, 2015. FOLIO NO: 62102600003 VIOLATION 5417 Hardee St., Naples, FL ADDRESS: 11. CASE NO: CEPM20180000448 OWNER: Xueping Yang OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(r) and 22-231(12)(n). Damaged gutters/down spouts in front of house and damaged screen lanai in rear of house. FOLIO NO: 53955640009 VIOLATION 533 Landmark Drive, Naples, FL ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. 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)(1)(a). 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 PL SW, Naples, FL ADDRESS: 2. CASE NO: CEROW20150023030 OWNER: Patrick J. Browne and Beatriz Z. Perez OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Division 1, Section 110-31(a). A culvert/drainage pipe in need of repair or replacement. FOLIO NO: 00164960002 VIOLATION 203 Willoughby Dr., Naples, FL ADDRESS: 3. CASE NO: CEROW20160001923 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Section 110-31(a). Right of Way Permit No. PRROW20170102473 has expired. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln, Naples, FL 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 MAY 24, 2018 AT 9:00 A.M. XII. ADJOURN April 27, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so the court reporter can record all statements being made. Any person who decides to appeal a decision of this board will need the 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'd all rise for the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: I used the last flag and made this tie. Okay. Why don't we start with the roll call. MR. BLANCO: Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Gerald Lefebvre? MR. LEFEBVRE: Present. MR. BLANCO: Lionel L'Esperance is absent. Ronald Doino? MR. DOINO: Present. MR. BLANCO: Robert Ashton? MR. ASHTON: Present. MR. BLANCO: Ms. Sue Curley has an excused absence. Mr. Herminio Ortega? MR. ORTEGA: Here. April 27, 2018 Page 3 MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. CHAIRMAN KAUFMAN: Okay. Lionel, I think he tried to call me, but I was on another line. So we can talk about that at another time. Everybody, I'm sure, has read the minutes. Could I get a motion to approve the minutes. MR. DOINO: Motion to approve. MR. ASHTON: Motion to approve the minutes. CHAIRMAN KAUFMAN: And second? MS. ELROD: Second. MR. ORTEGA: Second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Danny, is it official? MR. BLANCO: Not right now, sir. I'll let you guys know. CHAIRMAN KAUFMAN: Okay. Danny is now running the meetings for Code Enforcement. Kerry has taken other opportunities, and we're going to miss her. She's probably watching this morning. So we wish you all the best. April 27, 2018 Page 4 MR. BLANCO: Thank you, sir. CHAIRMAN KAUFMAN: You let us know when you're going to have the party. MR. BLANCO: Thank you. CHAIRMAN KAUFMAN: Okay. Why don't we go through the changes in the agenda. MR. BLANCO: Okay. Roman Numeral 5, Stipulations, we have one addition. Case No. 7 from Hearings, Case No. CESD2017000444, Isis Amaro. Roman Numeral 5, Letter C, Hearings, Case No. 4, CESD20180003319, SN SCP, LLC, has been withdrawn. Number 6, Case No. CESD20170019429, U.S. Reality Investment, LLC, has been withdrawn. Number 8, Case No. CESD20170019104, Mission Hills Station, LLC, has been withdrawn. Number 9, Case No. CESD20170006435, Midland Ira, Incorporated, Scott Toth IRA, has been withdrawn. Number 11, Case No. CEPM20180000448, has been withdrawn. CHAIRMAN KAUFMAN: You're not going to read his name, are you? MR. BLANCO: Roman Numeral 6, Old Business, Letter A, No. 2, Case No. CEROW20150023030, Patrick J. Browne and Beatriz Perez, has been withdrawn. And that's all the changes. CHAIRMAN KAUFMAN: Okay. Can we get a motion to approve the agenda as modified? MR. ASHTON: Motion to approve the agenda as modified. MR. LEFEBVRE: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. April 27, 2018 Page 5 MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: The first item on the agenda is No. 7 from hearings, Case No. CESD20170007444, Isis Amaro. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. What is your name? MR. AMARO: Isis. CHAIRMAN KAUFMAN: Speak into the microphone. We can't hear. MR. AMARO: Isis Amaro. CHAIRMAN KAUFMAN: Okay. Thank you. Good morning, Maria. MS. RODRIGUEZ: Good morning. CHAIRMAN KAUFMAN: You want to read the stipulation into the record? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay 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 for the five metal carports with electric, or demolition permits, inspections, certificate of occupation/completion; to remove all unpermitted April 27, 2018 Page 6 structures and return property to its original permitted state 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 violations 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 agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Good morning. MS. AMARO: Good morning. CHAIRMAN KAUFMAN: You understand -- you can pull the microphone down so you don't have to stretch. MS. AMARO: Okay. Good morning. CHAIRMAN KAUFMAN: You understand the stipulation? MS. AMARO: Yes, I do. CHAIRMAN KAUFMAN: And the time frame on when everything has to be completed? MS. AMARO: Yes, but I would like to request a little more time. Since I've been -- closed two permits already since July 2017, and good thing that, you know, I was available to close this one. And I've been struggling because it's a lot of this thing to do, a lot of work to do. And the only thing -- don't get me wrong. I want to get done this one. I'm very nervous right now. This is the first time that I've been in the court. CHAIRMAN KAUFMAN: Don't nervous. We won't bite you, maybe. MS. AMARO: But I would like to see if I can get a little more time because, pretty much, what she give me, just four months -- and April 27, 2018 Page 7 the only thing that I just ask is just for a little more time. And don't get me wrong, like I said before, I want to get done this one before, you know, but -- CHAIRMAN KAUFMAN: The way the stipulations work, if you agree to it, that's what it is. If you need to change it, we'd have to go back, you guys would have to meet in the hall, and if everything works out and you want to come back with a different date on that, it's up to Maria and you, and we could go from there. But right now, this is what's before us, the four months. And what you can do on this is wait and see what you can get done in the next three months or so, and if you see that you can't complete it but you are making progress to it, you can come back, and we can grant more time at that time. So those are the choices that we have before us. So, Maria, do you have anything to say? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: I mean, this case goes back just about a year. So this was -- I'm looking to see -- five metal carports with electric, a shipping container, pole barn. What's been fixed? MS. AMARO: The shipping container has been removed and the other two permits have been closed. CHAIRMAN KAUFMAN: Okay. MS. AMARO: So the only thing left that I have is the five shipping -- I'm sorry -- the five metal carports. CHAIRMAN KAUFMAN: Okay. You have building permits? MS. AMARO: Right now I just get the drawings, so I'm going to submit those very soon. CHAIRMAN KAUFMAN: Well, if you haven't gotten the building permits yet, it's unlikely, in my experience, that you're going to have this done in four months. So what would the county -- what's the county's pleasure? April 27, 2018 Page 8 MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. The investigator did have a discussion with her permit tech, who is obtaining these permits for her. Our understanding is the drawings are completed. The structures are erected on site already. So the process to come in for -- you know, to obtain the permit, she -- as long as they come in with no rejections, that permit should be issued in, you know, approximately 30 days or less. CHAIRMAN KAUFMAN: Do you understand that this is going to be done by affidavit? Is that -- MS. PEREZ: No, that is not correct. It is just a regular permit that she has come into. The inspections would have to be done by the inspectors. Being carports, they would just be an open inspection. CHAIRMAN KAUFMAN: Electrical inspection as well. MS. PEREZ: Right. MR. LEFEBVRE: I make a motion that we keep the order in place, or the stipulation. CHAIRMAN KAUFMAN: Okay. If the county's not willing to change it, that's what -- so you're making a motion to accept the stipulation as written? MR. LEFEBVRE: Thank you. It's been a month, so I forgot how to do it. MR. ASHTON: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to approve the stipulation as written. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. April 27, 2018 Page 9 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So we go to Option B on your part. You see how much you can get done. If, you know, we see progress and you need a little bit of extra time to get it done, come back, talk to Maria, and I'm sure the Board would certainly entertain any proposal you want to make. Okay? MS. AMARO: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: The next item on the agenda, going in the order of the respondents that are present, it's No. 2 from Hearings, Case No. CESD20170010243, Jean Jorhel Decembre and Yoland Jean Domond. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Steven, if you'll give me a minute. MR. LOPEZ-SILVERO: Sure. CHAIRMAN KAUFMAN: Sir, can you state your name on the microphone? MR. DECEMBRE: Jean Jorhel Decembre. CHAIRMAN KAUFMAN: Okay. This is an unsecured swimming pool, et cetera. So why don't you take us down the path. MR. LOPEZ-SILVERO: Good morning. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CESD20170010243 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06B (1)(a), and 2017 Florida Building Code, building -- 6th edition, Chapter 4, Section 454.2.17, residential swimming pool barrier requirement. Observed an unsecured swimming pool missing an approved pool April 27, 2018 Page 10 barrier in the rear yard of improved occupied residential property located at 4257 17th Avenue Southwest, Naples, Florida, 34116; Folio 35771000003. Personal service was provided on February 8th, 2018. I would like to present case evidence in the following exhibits: Three pictures taken by myself on June 17th, 2017, and August 9th, 2017. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. LOPEZ-SILVERO: No, sir. CHAIRMAN KAUFMAN: Why don't you show them to the respondent. MR. LOPEZ-SILVERO: Will do. CHAIRMAN KAUFMAN: I'm going to ask you to take a look at the pictures. If you have no objection, we'll accept them into the record as evidence, and we can go from there. Okay. Get a motion to accept the photos. MR. ASHTON: Motion to -- MR. DOINO: Motion to accept. MR. ASHTON: -- accept the photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) April 27, 2018 Page 11 CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ-SILVERO: These are the before photos of the pool cage. CHAIRMAN KAUFMAN: I see a metal structure. I can't tell if there's anything there, any screens in there or -- MR. LOPEZ-SILVERO: At that time currently there wasn't any screening. It was just a framing, pool cage. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Is there a fence around the property, around the pool? MR. LOPEZ-SILVERO: Not currently. And then this is the after photo. MR. ORTEGA: Is that pool operational? MR. DECEMBRE: Yes. MR. ORTEGA: It is? CHAIRMAN KAUFMAN: Okay. So what was there has been removed; is that correct? MR. LOPEZ-SILVERO: Correct. CHAIRMAN KAUFMAN: Was that an Irma deal? MR. LOPEZ-SILVERO: Actually, luckily, he removed what was left of that pool cage before the storm, or it would have been a projectile in somebody's dwelling. CHAIRMAN KAUFMAN: Okay. All righty. The water's okay in the pool, et cetera? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. So it's the barrier. This originally was August of 2017, and a temporary fence, was that put up at that time? MR. LOPEZ-SILVERO: No, sir. CHAIRMAN KAUFMAN: There was never a temporary fence? MR. LOPEZ-SILVERO: No, sir. April 27, 2018 Page 12 The case started out as a property maintenance case for the repair or the maintenance of what was then the pool cage, and then I had to re-do the case to include it as a permitting case instead of property maintenance since the cage was removed. CHAIRMAN KAUFMAN: Ordinarily, just for the record, if there's a pool that doesn't have a fence around it, even a temporary fence, we typically consider that an extreme safety violation, especially in a neighborhood where there are kids, et cetera; just for the record. Okay. Why don't you let us know what your position is on this, sir. MR. DECEMBRE: I'm working in there right now. CHAIRMAN KAUFMAN: I can't hear you. MR. DECEMBRE: I'm working in there right now. I just hired a general contractor to do it, and I got all my papers right there. CHAIRMAN KAUFMAN: Okay. Have you provided -- MR. DECEMBRE: I just need more time only. That's all. CHAIRMAN KAUFMAN: Have you provided that information to the code enforcement officer? MR. DECEMBRE: Yes, sir. MR. LOPEZ-SILVERO: Yes. We met yesterday. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: He's actually got a -- he has a claim with his homeowners insurance. As a cause of the storm, his roof on the dwelling got damaged, so he's working on that first, and then he also included the claim on the pool. CHAIRMAN KAUFMAN: Well, August of last year was before Irma. MR. LOPEZ-SILVERO: Right. CHAIRMAN KAUFMAN: Did it have screen in it at that time? MR. LOPEZ-SILVERO: Not when I went out there. CHAIRMAN KAUFMAN: So it's a violation. It has nothing to April 27, 2018 Page 13 do with Irma. It continues to be a violation. MR. LOPEZ-SILVERO: Correct. CHAIRMAN KAUFMAN: Okay. Well, we'll vote on that to see if a violation exists. MR. LEFEBVRE: I have a question. CHAIRMAN KAUFMAN: Shoot. MR. LEFEBVRE: It's states in the violation that August 9th was the first time it was observed, but you stated that June 9th you were out there. MR. LOPEZ-SILVERO: June 17th. MR. LEFEBVRE: June 17th. MR. LOPEZ-SILVERO: Yes, sir, 2017, were the before pictures. That was my first site visit. MR. LEFEBVRE: And that was for the property maintenance, correct? MR. LOPEZ-SILVERO: Correct. MR. LEFEBVRE: And then you went back and -- when you first observed the pool cage was on August 9th? I mean, I'm just trying to figure out the dates here. MR. LOPEZ-SILVERO: The after photo of where the pool cage was removed was August 9th, 2017. Then I had to go back and re-cite the correct ordinance. MR. LEFEBVRE: Okay. Why so long from August 9th to February 8th was the notice of violation? That's six months, and this -- this is a serious violation, and it took a long time. MR. LOPEZ-SILVERO: I had to reissue a new notice of violation to correct the cite -- to cite the right ordinance, and before that we have to get a recommendation or a determination from the Building Department whether it is a violation or not. Obviously, it is. MR. LEFEBVRE: It is. And we've had pool cases that have come in front of us a lot quicker than that. So I'm just -- I'm just a little April 27, 2018 Page 14 surprised. I thought this case should have been brought to us sooner than it is right now. MR. ORTEGA: Or at least a temporary fence. CHAIRMAN KAUFMAN: Well, let's see if a violation exists first, and then we'll tackle -- MR. LEFEBVRE: I make a motion that a violation does exist. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. My personal opinion, I wouldn't give you any additional time to have this resolved. It needs to have a temporary fence up on it now, and I mean in a day, because tomorrow some kid could fall into the pool and drown. MR. DECEMBRE: But I have to find somebody to put up the temporary fence for me. CHAIRMAN KAUFMAN: Well, you can go to Home Depot and buy the temporary fence and put it up yourself. Whatever it is, that's your violation. You need to take care of it, and you need to April 27, 2018 Page 15 understand that a pool without a fence around it is very, very serious. We have had many drownings in Collier County. We don't want another one, especially one that can be prevented by, initially, a temporary fence. Any comments from the Board relative to this? MR. ORTEGA: You understand what a temporary fence is? MR. DECEMBRE: Yes, I do. MR. ORTEGA: The height and all that? MR. DECEMBRE: Yes, sir. MR. ORTEGA: Okay. And is that a possibility you can take care of this, like, immediately? MR. DECEMBRE: Not today. MR. ORTEGA: If not today, then when? MR. DECEMBRE: Probably next week, by -- MR. ORTEGA: You do understand the nature of this violation, correct, is a life-safety issue? MR. DECEMBRE: I do. I have kids. MR. ORTEGA: More so then. CHAIRMAN KAUFMAN: Okay. Well, we'll discuss -- MR. LEFEBVRE: Do we have a recommendation? CHAIRMAN KAUFMAN: Yeah. We'll start with that. Before you give us your recommendation, is it in two parts, temporary and then permanent? MR. LOPEZ-SILVERO: It is. CHAIRMAN KAUFMAN: Okay, great. MR. LOPEZ-SILVERO: The county's recommendation, that the Code Enforcement Board order 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, securing the swimming pool area by erecting a temporary building department approved safety barrier within blank days of this hearing, or a fine April 27, 2018 Page 16 amount of blank dollars per day will be imposed until the violation is abated; Number two, obtain all required Collier County building permits, inspections, and certificate of completion/occupancy for the placement of an approved permanent pool barrier within blanks days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; and, 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: Okay. Anybody like to take a -- yes? MR. LEFEBVRE: Quick question. You said you hired a contractor to replace the -- MR. DECEMBRE: Yes. MR. LEFEBVRE: What's your projected date for that lanai to be reinstalled? MR. DECEMBRE: He's waiting for the permit. MR. LEFEBVRE: Okay. So that's all he's waiting for right now? It's been submitted? MR. DECEMBRE: Yeah. MR. LEFEBVRE: How long does it usually take for -- when has a permit been submitted? MR. DECEMBRE: No, he did it. I'm not doing it. He did. I don't know, but I know he's -- MR. LEFEBVRE: Have you checked to see if a permit's been submitted yet on this property? April 27, 2018 Page 17 MR. LOPEZ-SILVERO: As of this week, we don't have anything in our database. MR. LEFEBVRE: And your database, is it updated with the Building Department in a relatively quick fashion, or is it -- MR. LOPEZ-SILVERO: Yes, sir. The review process of the application can take anywhere from three days to a week. MS. PEREZ: Board members, for the record, Cristina Perez, Code Enforcement. I'm looking at the information for permits on that property, and there is no permits applied for at the moment. CHAIRMAN KAUFMAN: Okay. Well, what we need to -- temporary, we're looking for how many days -- this is Friday. How many days and what the fine would be if the temporary fence is not up in that period of time. I will mention that Home Depot or Lowe's or one of those places that has temporary fence, very simple to string up and go around, is open on the weekend. So with that in mind, anybody want to take a stab? MR. LEFEBVRE: I'll do it. I think No. 1 should be within three days of today's hearing and a fine of $400 a day, and No. 2 I'm struggling with a little bit more, but I would say 60 days or a fine of $250 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second that. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on that? MR. LEFEBVRE: And also the operational costs be paid within 30. MR. ORTEGA: The 60 days was for the screen enclosure? MR. LEFEBVRE: For the installation of the permanent screen enclosure, correct. April 27, 2018 Page 18 CHAIRMAN KAUFMAN: Okay. Just to review: The temporary needs to go up within three days. I'll count that as Saturday, Sunday, by close of business Monday. Are you able to get out there Monday to check? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Okay. We'd need this order expedited, if need be. MS. NICOLA: I'll have them done today. CHAIRMAN KAUFMAN: Okay. That's quick. MS. NICOLA: Thank you. CHAIRMAN KAUFMAN: What? MS. NICOLA: I said thank you. I'll at least have this one done today. How's that sound? CHAIRMAN KAUFMAN: Okay. Until we hear the other cases and then we add to it. Okay. So that's three days, $400 a day if it's not done. Okay. Any other discussion on this? MR. ORTEGA: I have one more question. This is for the Board. If the Board grants 10 days and God forbid something happens within that window, are we responsible? CHAIRMAN KAUFMAN: That's a different question. MR. ORTEGA: I don't know if I'm talking legal. CHAIRMAN KAUFMAN: If we granted 10 days and something happened within 10 days, personally, I would feel responsible, but I don't believe I am fiscally responsible; is that correct? MS. NICOLA: You're asking the wrong lawyer. I do family law, so that would be a question for somebody who handles these types of cases. I have no idea. I wouldn't even guess on that. MR. LEFEBVRE: We're not giving 10 days. CHAIRMAN KAUFMAN: This is a motion for three days. But you can change your question to what happens in the next three days if it doesn't go up. April 27, 2018 Page 19 MR. LEFEBVRE: I think we have to weigh our responsibility as a board, and three days gives him time, because he's here, to get it done. Ten days, I think, would be quite excessive. He's been aware of it for quite some time and explained what needs to be done, and now there's a monetary incentive to get it done. MS. NICOLA: I would say I would strongly suggest that you go get the temporary fencing up today because you don't want something bad to happen. And I can't tell the Board what would happen to the Board or to you, but I can tell you it would be bad. MR. DECEMBRE: I don't want nothing bad to happen, but right now I don't have no money to buy it today. That's a problem. MS. NICOLA: Ask the person who's helping you if he can help you install a temporary fence because, you know, it's that important. MR. DECEMBRE: No. I have to buy the temporary fence first and ask him to help me to put it up. MR. LEFEBVRE: My mother had storm damage where her lanai screen was gone. I had a fence up within a few days after the storm. It was a metal fence. It cost about $110, and someone put it up for about $60. It's a small fee to pay to save -- potentially save someone's life. So I would recommend that that would be done within three days. CHAIRMAN KAUFMAN: We don't base our findings or our imposition of penalties based on your financial situation. They are -- this is the law. We are concerned with safety, and somehow, some way you need to abide by this, or the consequences will be spelled out in our findings. So having said that, did we vote on this yet? MR. ORTEGA: One more thought; I'm sorry. CHAIRMAN KAUFMAN: You're only allowed one more. MR. ORTEGA: What if we just emptied the pool to a certain extent -- CHAIRMAN KAUFMAN: No. You can still fall into an empty April 27, 2018 Page 20 pool, and it probably -- you wouldn't drown, but you'd knock your head, so -- MR. DECEMBRE: If you want me to empty the pool, I can do it today because -- MR. ORTEGA: No, I'm not saying that. That's something that I would discuss with the Building Department if you were to do that, before you did anything. CHAIRMAN KAUFMAN: I think an empty pool is just as dangerous as a full pool. Any other questions on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So, sir, get yourself a temporary fence and get it up before the close of business Monday. I know they have those plastic fences that you can just wrap around there. It shouldn't be a big deal, and I don't think it's a lot of money either. If you don't have it done by close of business on Monday, it will be a $400-a-day fine against you. Once you get that done, hopefully over the weekend, you have another 60 days -- and the 60 days is from today, so there's no mistaking that -- to get the permanent deal done. If you don't get that done in 60 days, there will be a $250-a-day fine April 27, 2018 Page 21 levied at that time. The $59.42 hearing costs for today must be paid within 30 days. So that's the gist of the case. Any questions? Any questions? MR. DECEMBRE: I've got too many. That's fine. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: Thank you. MR. BLANCO: Mr. Chairman, we have two new changes to the agenda. Roman Numeral 5, Letter B, Stipulations, we have two additions. Number 3 from Hearings, Case No. CELU2018000110, Geraldine Russell. Number 10 from Hearings, Case No. CESD20170009657, Jose Padilla. CHAIRMAN KAUFMAN: Okay. Could I get a motion to accept the change to the agenda? MR. ASHTON: Motion to accept the changes. MR. LEFEBVRE: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So the next case we're going to hear is Case No. 3 from the Stipulations? April 27, 2018 Page 22 MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. RUSSELL: Joseph Russell. CHAIRMAN KAUFMAN: Okay. And you want to read the stipulation into the record for us. MR. MUSSE: Yes, sir. Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. 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 and abate all violations by removing all unauthorized materials from the property or store items within a completely enclosed permitted structure within 30 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. Respondent must notify the code enforcement investigator within 24 hours of abatement of the violation and request the investigator to 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. Good morning. MR. RUSSELL: Good morning. CHAIRMAN KAUFMAN: You understand the stipulation and agree to it? MR. RUSSELL: Yes, sir. April 27, 2018 Page 23 CHAIRMAN KAUFMAN: Any problem meeting the deadline? MR. RUSSELL: No. We'll take care of it. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Question. CHAIRMAN KAUFMAN: Question. MR. LEFEBVRE: Geraldine Russell? MR. RUSSELL: My grandmother has passed. MR. LEFEBVRE: Okay. I saw there was -- she purchased -- looked like she purchased the home in '89, roughly. MR. RUSSELL: Yes. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Would anybody like to make a motion? MR. ASHTON: Motion to accept the stipulation as written. CHAIRMAN KAUFMAN: We have a motion and -- MR. WHITE: Second. CHAIRMAN KAUFMAN: -- a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. Thank you. MR. RUSSELL: Thank you. MR. BLANCO: Next item on the agenda, it's No. 10 from Hearings, Case No. CESD20170009657, Jose Padilla. April 27, 2018 Page 24 (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You are Jose Padilla? MR. PADILLA: My father; there. CHAIRMAN KAUFMAN: Okay. And your name, for the record. MR. PADILLA: Juan Padilla. I'm his son. CHAIRMAN KAUFMAN: Okay, great. All right. You look familiar. Jonathan, you want to read us the stipulation into the record? MR. MUSSE: Yes, sir. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. 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 and abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the fence within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to 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. Do you understand the stipulation? MR. PADILLA: Yes, sir. CHAIRMAN KAUFMAN: And you agree to it? April 27, 2018 Page 25 MR. PADILLA: Yes, sir. CHAIRMAN KAUFMAN: Have no problem with the time frame to get it done? MR. PADILLA: It's done already. The work's done. CHAIRMAN KAUFMAN: Okay. All right. Any motion from the Board? Any questions? MR. LEFEBVRE: Motion to approve the stipulated agreement. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. PADILLA: Thank you. MR. BLANCO: Mr. Chairman, we have an additional change to the agenda. CHAIRMAN KAUFMAN: No. I'm sorry. You ran out of changes. What is it? MR. BLANCO: Roman Numeral 5, Letter B, Stipulations, we have one addition. Case No. 1 from Hearings, Case No. CELU20180001084, Judith Telfort. (The speakers were duly sworn and indicated in the affirmative.) April 27, 2018 Page 26 CHAIRMAN KAUFMAN: Okay. Let me get a motion to accept the agenda as modified. MR. ASHTON: Accept the agenda as modified. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're back on track. Okay. Good morning. MS. TELFORT: Good morning. CHAIRMAN KAUFMAN: You're Judith? MS. TELFORT: Yes. CHAIRMAN KAUFMAN: Could you pull the microphone down so we can hear you speak. MS. TELFORT: Okay. CHAIRMAN KAUFMAN: Okay. Very good. Jonathan? MR. MUSSE: Good morning. For the record -- oh, you ready? CHAIRMAN KAUFMAN: Read the stipulation into the record, please. MR. MUSSE: For the record, Investigator Jonathan Musse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay operational costs in the amount of $59.63 incurred in the prosecution April 27, 2018 Page 27 of this case within 30 days of this hearing and abate all violations by removing all unauthorized materials from the property or store items within a completely enclosed permitted structure within 14 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to 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. Do you understand the stipulation that you've agreed to? MS. TELFORT: Yes. Some of them I don't, but I am. CHAIRMAN KAUFMAN: Well, tell me what you don't, and we'll have Jonathan explain it to you. MS. TELFORT: Yeah. He said I have to remove all of the stuff in the back in 15 days? CHAIRMAN KAUFMAN: Do you want -- MS. TELFORT: Fifteen days to remove -- to finish the removal of the stuff, but he's saying the weekend he's going to, like, check if I start to do so. MR. MUSSE: Because what I understood, you said you could have everything removed by Sunday, so I gave you 14 days, and then I was going to check with you to see your progress on -- MS. TELFORT: No. I said I'm going to start, like, today, and then Sunday and today they're going to start to pick up some of them. I don't know if they're going to finish in the weekend. MR. MUSSE: Did you -- April 27, 2018 Page 28 CHAIRMAN KAUFMAN: It's not this weekend. MS. TELFORT: Oh. CHAIRMAN KAUFMAN: It's 14 days. MS. TELFORT: Fourteen days. MR. ASHTON: Two weeks. CHAIRMAN KAUFMAN: Two weeks. MS. TELFORT: Yeah. He told me before he come in three days to check on my house. That's what he told me, right? MR. MUSSE: No. I'm going to swing by your house to see your progress and point out anything else that needs to be removed. MS. TELFORT: Okay. All right. CHAIRMAN KAUFMAN: He likes to watch work. MS. TELFORT: He's a good man. CHAIRMAN KAUFMAN: Okay. So we have a motion to accept this? MR. ASHTON: Motion to accept the stipulation as written. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. TELFORT: Thank you. CHAIRMAN KAUFMAN: Okay. So you can give him a cup of April 27, 2018 Page 29 coffee when he comes by. MS. TELFORT: I will. CHAIRMAN KAUFMAN: And he can watch you work. MS. TELFORT: Thank you. MR. MUSSE: Thank you. MS. TELFORT: Thank you. MR. BLANCO: Next item on the agenda is No. 5 from Hearings, Case No. CESD20170011136, Somar 1939, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the mike for us. MR. RAMOS: Pablo Ramos. CHAIRMAN KAUFMAN: Okay. This was two expired building permits on the property pertaining to the reconstruction of the home after a fire, right? Okay. Maria? MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20170011136 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), two expired building permits for property, PERBD2011005151 and 20151238615, pertaining to the reconstruction of the home from fire damage. Located at 1361 Golden Gate Boulevard West, Naples, Florida, 34120; Folio No. 37062200002. Service was given on June 30th, 2017; posted property and courthouse. I would now like to present case evidence in the following exhibits: B1 through B2, photos taken June 30th, 2017. CHAIRMAN KAUFMAN: Has the respondent seen the photographs? April 27, 2018 Page 30 MS. RODRIGUEZ: No. MR. RAMOS: No. CHAIRMAN KAUFMAN: Why don't you show him the photographs first, and then we'll vote on whether to accept them in evidence. MR. RAMOS: Yes, they are correct. CHAIRMAN KAUFMAN: No objection in entering them? MR. RAMOS: No objection. CHAIRMAN KAUFMAN: Get a motion to accept the exhibits. MR. ASHTON: Motion to accept the -- MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: It's pretty much the shell. CHAIRMAN KAUFMAN: So the damage is inside? MS. RODRIGUEZ: Pretty much. MR. ASHTON: Have they started any interior work on that? MS. RODRIGUEZ: I'm sorry? MR. ASHTON: Have they started any interior work? MS. RODRIGUEZ: No. I haven't been able to get on the property because the gate is always locked; so it's secured. April 27, 2018 Page 31 CHAIRMAN KAUFMAN: Okay. Could you -- do you have a copy of the building permits so that you can read us the scope of the work for those two permits? MS. RODRIGUEZ: The first permit that he pulled in 2011 -- well, he didn't pull it, but the first permit that was pulled was for the reconstruction of the single-family home, previously burnt. They didn't do any inspections on that one when they first applied for it. Then they reapplied again because they expired it. He bought it in 2017 -- in 2015. And when Mr. -- or Somar bought it, then the inspections have been -- some of them have been called in, but I don't have -- let's see. CHAIRMAN KAUFMAN: This is on the building permit that was pulled in 2015, 238615? MS. PEREZ: Board members, for the record, Cristina Perez -- MS. RODRIGUEZ: Yes. MS. PEREZ: -- Code Enforcement supervisor. I do have the details of that permit, Permit No. 20151238615. The description of work reads: "Finishing rough electrical, rough plumbing, rough mechanical, et cetera, to complete final building." CHAIRMAN KAUFMAN: Okay. MS. PEREZ: And it is a reapplication of the previous 2011 permit. CHAIRMAN KAUFMAN: And were any inspections done? MS. RODRIGUEZ: The roofing was done, correct? MR. RAMOS: The roofing was done with the previous owner, but there was no inspections done on that. MS. RODRIGUEZ: That's it. Just the roofing is the only thing that's been done on that permit. CHAIRMAN KAUFMAN: Okay. So, I mean, in 2015. Permits expire six months after they're issued unless inspections are done. My inspection expert is sitting two seats from me, so if I say the wrong April 27, 2018 Page 32 thing -- MS. RODRIGUEZ: Those are the inspections that are pending. MR. ORTEGA: You're right. CHAIRMAN KAUFMAN: Basically we have no permit. MS. RODRIGUEZ: Nope -- well, it's expired. He'd have to go back in and ask for an extension, then they'd give him the extension. As long as he calls in an inspection, then they'll forward it for six more months, and it just continues. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Yeah. In reviewing all the inspections that were noted in that 2015 permit, there were no inspections that were approved by the county. CHAIRMAN KAUFMAN: Okay. So it will probably need inspections on electrical, on plumbing, on drywall or whatever, a whole bunch, if it was -- I assume it was -- well, let me ask the respondent: It was gutted inside? MR. RAMOS: The property burnt down, and it was -- when we got it, it was just the shell. Since then, when we pulled the permit, we have all the interior framing up. So all the partitions are up, 90 percent of the rough electrical has been done, and about 90 percent of the rough plumbing has been done. We've done several amount of demolition also prior to that. So we have done work in the property; we just haven't been able to call the inspections yet. The investigator has not been able to get in because it's been gated, but I'll be more than happy to bring her to get updated pictures so she can see all the work that's being done. We had a problem because all the -- all the mailing has been going to the actual job site, and I guess there was a problem -- and I didn't know about this -- that they've been trying to contact us about this issue. April 27, 2018 Page 33 And I just spoke to Maria, I think, back in January for the first time. So she tell me that -- she only goes back to the Property Appraiser to find out where to mail the owner, but I guess -- I didn't know about that, but when they bought the property, for some reason the mailing address got confusing. Everything was being sent to the job site. And, of course, you know, we don't check the mail on the job site because, you know, who's going to send -- nobody lives there anyways. But there's work that has been done since I spoke to Maria in January, so we are moving forward. Another thing that's been holding us back is, since Irma all the subs that were trying to get into the property have been going through, you know, to help for emergencies and so on. So that has been -- delayed us, too, also trying to get the subcontractors to finish the work. CHAIRMAN KAUFMAN: Okay. Let me see if I understand, and pardon me for going through this. You bought this place and -- you bought the place in 2015? MR. RAMOS: Not me. CHAIRMAN KAUFMAN: Okay. MR. RAMOS: Actually Somar, which is the corporation. CHAIRMAN KAUFMAN: Okay. And you have the ability to speak for the corporation? MR. RAMOS: Yes, I do. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: He does. CHAIRMAN KAUFMAN: So this corporation bought the house in 2015. They pulled the building permit to have it fixed. MR. RAMOS: Correct. CHAIRMAN KAUFMAN: It's a technical term I like to use. And you started working on that in 2015? MR. RAMOS: No, we actually -- we bought the property, and we pulled the permit about six months later. April 27, 2018 Page 34 CHAIRMAN KAUFMAN: Okay. So I don't know what month it was pulled. It doesn't matter. But 2015 and a half or even 2016 you were working on the property? MR. RAMOS: Correct. CHAIRMAN KAUFMAN: Okay. And you had to do some demolition in the property. Did you have a permit for that? MR. RAMOS: We pulled the permit, and we started working after the permit was issued. CHAIRMAN KAUFMAN: And that's the permit that we're looking at here? MR. RAMOS: Correct. CHAIRMAN KAUFMAN: And that scope was covered in -- MS. PEREZ: Yes. There are -- in February of 2016 there was fascia -- sheeting fascia inspections that were called, but they were not approved. And it also looks like a framing inspection in February of 2016 and March of 2016 that say they were canceled by the inspector possibly because there was issues on the property that needed to be addressed, so they did not approve those inspections either. CHAIRMAN KAUFMAN: Well, if it's locked up, they probably couldn't get into it. MR. ORTEGA: They won't conduct a framing inspection until the mechanicals are done. That's electrical, mechanical, and plumbing. CHAIRMAN KAUFMAN: Well, I mean, it all goes back to 2016, and there were no inspections other than the roof done from 2016 till now; is that correct? I ask anybody. MS. PEREZ: Yeah, according to the county records, that's correct. MR. RAMOS: Yeah. The roof was done and also demolition was done and the framing was done. CHAIRMAN KAUFMAN: Okay. Did they inspect the demolition? April 27, 2018 Page 35 MR. RAMOS: No. We haven't been able to -- well, the demolition doesn't get inspected. CHAIRMAN KAUFMAN: Is this a problem that the inspector -- God bless you. MS. NICOLA: Thank you. CHAIRMAN KAUFMAN: Is this a problem that the inspectors can't get in there because the gate is locked? MR. RAMOS: No, no. The inspectors will go in if the inspection is called in. CHAIRMAN KAUFMAN: Okay. And you haven't called these in yet? MR. RAMOS: We haven't called those in yet because we're 90 percent to be finished with the rough. So the work has been done. It's just we're almost there to be able to call the inspection. CHAIRMAN KAUFMAN: Okay. The problem appears to be -- and we haven't voted on whether a -- whether there's a problem here or not yet. But I'm just asking the questions. If there have been no inspections done other than the roof since 2016, it appears that a violation exists because you have this building that is in violation and you have no building permits for them to inspect because they're void now. Am I correct? MS. RODRIGUEZ: They're expired. CHAIRMAN KAUFMAN: Okay. Expired. So I'm looking for some direction from the Board as to whether a violation exists or not. MR. ORTEGA: A violation does exist. CHAIRMAN KAUFMAN: Is that a motion? MR. ORTEGA: That's a motion. CHAIRMAN KAUFMAN: Thank you. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. Any April 27, 2018 Page 36 discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now let's get to the real meat of the order. How does this get fixed? What is your plan to have the permits renewed? MS. PEREZ: Renewed, restated, or reapplied for. CHAIRMAN KAUFMAN: Okay. MR. RAMOS: What I'm requesting for the Board is to get 18 months to complete the home. I just want you to keep in mind that this is an almost 7,000-square-feet home, so it does take longer than regular homes to complete. That's what I'm requesting. MR. ORTEGA: At this point I think the question stands, is when will you extend the permit? Next week? MR. RAMOS: No. I will contact my general contractor and reapply for the permit right away. MR. ORTEGA: You don't want to reapply. You want to extend the permit. MR. RAMOS: Or I want to extend the permit. MR. ORTEGA: And then that will give you 90 days. But once you have a passing inspection, you trigger another six months. MR. RAMOS: Okay. I can do that. April 27, 2018 Page 37 MR. LEFEBVRE: And this violation will go away at that point because it's expired building permits, correct? Once he gets an active building permit, it's no longer in violation? MS. RODRIGUEZ: Well, it says he has to final the permits with the inspections and -- CHAIRMAN KAUFMAN: Which culminates in a CO, and the respondent is saying that it will take him 18 months to get that done. That's where we are right now. Eighteen months seems to me to be probably excessive since the frame of the house is up, the roof is up. You're doing the interior. I know that takes a long time. I think the Board would probably entertain something that had some time frames in between; number one, that the building permits are extended in so many days and that inspections are going on, on a regular basis so we don't wind up with what this is, is a two-year-old nothing -- no inspections have been done. MR. RAMOS: I understand. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: The home was purchased in two thousand -- June 22nd, 2015, three years ago nearly. If we were to extend it for 18 months, as I always say here, you can build two high-rises in the time that you finish this house; about two years to finish a high-rise. I think 18 months is just excessive to give him that long, again, four and a half years to complete this house. I think that's just way too long to give. MR. RAMOS: Now, may I -- CHAIRMAN KAUFMAN: Sure. MR. RAMOS: For the record, you know, I'm not a general contractor myself. I know people can build high-rises or whatnot in a certain amount of time, but, you know, I'm -- I want to move this forward, and I want to get it done. I think 18 months, you know, is what I need, unless, you know, you feel otherwise, but -- April 27, 2018 Page 38 MR. ASHTON: Are you acting as your own contractor, or do you have a general contractor? MR. RAMOS: I have a general contractor that I'm working with. MR. ASHTON: He can expedite this, I mean, in less than 18 months. MR. RAMOS: Yes, but we are paying -- we don't have a loan. We're just paying everything ourselves. And after Irma, we have to put some of the money that was saved for this property to fix other properties that actually had tenants in it and requested more of an emergency. So some of those funds that we had to finish this house had to go to fix other properties that the owner company owns. CHAIRMAN KAUFMAN: This is where I'm confused. You don't own the property. It's owned by a corporation. MR. RAMOS: Correct. CHAIRMAN KAUFMAN: You're here speaking on behalf of the corporation. MR. RAMOS: Yes. CHAIRMAN KAUFMAN: So when you say "we don't have money," blah, blah, blah, blah, blah, is that you personally, or is that the corporation? MR. RAMOS: It's the corporation, because I manage the financials for the corporation. CHAIRMAN KAUFMAN: When this gets done, is this going to be your house, or are you going to sell it? MR. RAMOS: No. It's up in the air. Now, I don't know if -- but the business or the corporation is also property management and buy and sell real estate, so I'm pretty sure it's going to be sold. CHAIRMAN KAUFMAN: Okay. For curiosity's sake, because this is going to go on and on, do you have a suggestion for us, Maria, that we can discuss? April 27, 2018 Page 39 MS. RODRIGUEZ: Well, when we presented it in front of our -- in front of the supervisor, or Jeff, he suggested that we give him six months and a $200-a-day fine, was what he suggested, which I tried to stip with him, but he said six months was just not enough. So I said, okay, well, we'll present and see what the Board has to say. So I'll leave it up to you. Our suggestion was six months. CHAIRMAN KAUFMAN: What I see is, as I said before, to have it in steps so that we are being reasonable, but on the other hand we want to see that progress is being made. So as Herminio had said, they apply for the extension within, what's a -- MR. ORTEGA: I would say within 10 days, because it's $100. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: I don't know how long it takes for the extensions to get reviewed. It might take the 10 days. I don't know what the -- MR. ORTEGA: It doesn't take that long? MS. RODRIGUEZ: No? MR. ORTEGA: I would certainly meet with someone at the Building Department and discuss it and discuss the gravity that this is a code enforcement case as well, so... CHAIRMAN KAUFMAN: Okay. Let's just say -- we'll be generous -- that you apply for the permit within 30 days, okay. After the permit is pulled, we would like to see that there's progress being made on the different inspections, et cetera, et cetera. It may go faster than you think. I doubt it, but there's always that possibility. I'm not quite sure of how you would want to break this down. You have to have a permit pulled within six months or you get into the same ballgame that we're in now. So after 30 days, I mean, pick a number of inspections that need to be done, or there's got to be some means of ensuring that the work is being done and the building is being done. It's not a safety and health. April 27, 2018 Page 40 It's secured, et cetera. MR. LEFEBVRE: We usually don't micromanage -- CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: -- something like that. We had another case, Tannassee case, and I don't remember it being micromanaged like this, in a similar situation. MS. NICOLA: That's my concern a little bit, you guys, because I saw how many inspections need to be made, and then hearing from the code enforcement official, I'm thinking, well, we've got a situation where if he is granted the extension on the permit, then is it what you're saying, that every time an inspection is done, they give him more time to complete the other inspections? So if we sit here and we say, well, we're going to give you six months and then the building official gives him another six months on this newly extended permit, I think we're getting ourselves into a little bit of a problem. I'm more inclined to suggest to the Board that perhaps the -- with the nature of this violation, that we discuss the time he needs to get permits and then we let the building officials deal with the inspections. I just don't know how we micromanage that as a board. CHAIRMAN KAUFMAN: Without micromanaging, if we gave them 30 days to bring the permits in, and we gave them six months -- and we will certainly entertain you coming back after five months or five months and two weeks, whatever it is, and say, this is what's been done, and I'm requesting additional time. We do that all the time. MR. LEFEBVRE: With Tannassee, that's what we did with several -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- extensions. MR. ORTEGA: That would be almost the only way you can gauge progress. April 27, 2018 Page 41 CHAIRMAN KAUFMAN: Well, that -- we're trying to be reasonable to get you what you need to be done. So anybody want to try wording that? MS. PEREZ: Board members, if we may, the county would prefer that the items be combined into just, you know, preferably, one time frame. I did ask someone in the building review area how long it takes for a permit to be extended, that time frame for review. Once they apply, it's approximately seven to 10 days for that -- that approval to be granted if they're going to grant the extension on the permit. In speaking of past cases where we've done similar situations to what you're asking, wanting to see progress, if you guys recall, Immokalee Facundo case, he would come in requesting a continuance after his, you know, time had lapsed and would provide you with a timeline as to what had been done, the expenditures of money that he had expended, and then what still needed to be done and a time frame as to when he thought he was going to have those items completed. CHAIRMAN KAUFMAN: So your preference is to combine the getting the extension with getting the job done, and if they need more time at that period, they come back. MS. PEREZ: So if the Board wishes to give him 30 days for applying and getting the extension plus six months, I would say if we could keep it at seven months. MR. LEFEBVRE: I'll make a motion. Make a motion that the $59 -- is it .70 or .30? MS. RODRIGUEZ: Seventy. MR. LEFEBVRE: -- 70 -- 59.70 be paid within 30 days, and No. 1 would be 180 days or a fine of $250 a day. And, again, you can come back in front of us and explain to us what your progress has been, and at that point we can decide to continue it or extend it. MR. RAMOS: Okay. So -- MR. LEFEBVRE: We haven't voted on it yet. April 27, 2018 Page 42 MR. RAMOS: Oh, I'm sorry. CHAIRMAN KAUFMAN: Okay. Any comments on that? So you're saying six months. Just -- you said "1." You mean this is it. We're not going to separate the -- MR. LEFEBVRE: No, we're not going to separate. 180 days -- MS. ELROD: Second that. MR. LEFEBVRE: -- and a fine of $250 a day. CHAIRMAN KAUFMAN: Okay. And we have a second on that motion. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So what that means is $59.70 is the court costs, for lack of a better term. That's to be paid within 30 days. MR. RAMOS: Understood. CHAIRMAN KAUFMAN: Okay. We're granting 180 days to complete the project knowing that that's probably unlikely; that you come back here, and I prefer that you come back here not after 180 days but before 180 days, or stay in contact with Maria, and request additional time at that time but be prepared to show what progress has been done in the past six months. April 27, 2018 Page 43 MR. LEFEBVRE: Quick question to our attorney. Tamara, what would be 180 days or short of 180 days from today? MS. NICOLA: One hundred eighty days is October 23rd. MR. LEFEBVRE: And when's our meeting in October, do we know? MS. NICOLA: I can check. MR. BLANCO: 26th, October 26th. CHAIRMAN KAUFMAN: Perfect, perfect. Okay. So you probably will see us on October 23rd (sic). MR. RAMOS: October 23rd. CHAIRMAN KAUFMAN: The leaves will be falling. MR. BLANCO: Mr. Chairman, if the order gives them to October 23rd to comply, we won't be able to schedule them till November 16th because there's only three days from his last -- from his compliance date till the next hearing. So we will reschedule the case for the following month. MS. PEREZ: Unless he requests an extension prior to that. CHAIRMAN KAUFMAN: You can come back ahead of time and say, this is our progress. You come back in September. MR. RAMOS: Well, what I'm going to do is I'm going to keep in contact with Maria, and she'll -- you know, we work together to see what's better and what dates and so on. MR. LEFEBVRE: Have you gotten your address corrected? MR. RAMOS: I am going to do that right now -- I just talked to her -- to go to the Property Appraiser and get that taken care of. MR. LEFEBVRE: That's pretty important. CHAIRMAN KAUFMAN: We have pigeons that have these little capsules that put on. Okay. Thank you. MR. RAMOS: All done? CHAIRMAN KAUFMAN: All done. MR. RAMOS: Thank you. April 27, 2018 Page 44 MR. BLANCO: Next item on the agenda is Roman Numeral 6, Old Business, Letter A, Motion for Imposition of Fines/Liens, No. 1, Case No. CESD20170011882, Calcap, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. It appears that this has been partially abated; is that correct? MR. LOPEZ-SILVERO: That is correct, sir. CHAIRMAN KAUFMAN: Okay. Can you tell me what part? MR. LOPEZ-SILVERO: For the record, Steven Lopez-Silvero, Collier County Code Enforcement. Part B of the order was to put up a temporary fence, which they have, so no fines have accrued there. They've abated that part of the order. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: And then Part C was to obtain building permits for a frame addition and a swimming pool at the dwelling around the property. MR. ASHTON: Excuse me, Mr. Chairman. It says that the previous assessments have not been paid. CHAIRMAN KAUFMAN: I see that. Are you aware that the -- MR. ASHTON: Assessed operations been paid? CHAIRMAN KAUFMAN: The operational cost of $59.66 have not been -- MR. FLYNN: I can take care of that today. CHAIRMAN KAUFMAN: Okay. That needs to be done. Okay. Now we can discuss it. Why don't you -- you're here. MR. FLYNN: Yeah. I signed a joint venture agreement with this company to partner with them in this investment. It's going back to last -- I think, the end of July, beginning of August when I purchased the property. We hired a contractor at that point that was going to fix all the April 27, 2018 Page 45 code violations. They started the job. We gave them a deposit. They got all the electrical done, got into the part where the hurricane happened. The contractor then couldn't get his subs back. So months went by. Subs were working elsewhere for more money, more jobs. I couldn't get them to do the work for the money we hired them for. So at that point we parted ways, got refunded our deposit, hired another contractor to move in. He was aware that there was violations that needed to be fixed, needed help with it. So we ended up -- at this point we started talking to Steven. We hired an engineer to come in and do what I learned to be an affidavit -- permit by affidavit, which I had no idea what it was. That person came in and started pulling a bait and switch on us, said he would do the job for a couple thousand dollars, turned into $4,000, turned into $6,000. So we felt like we were getting one pulled over on us. So we have now hired another person by the name of Aaron -- I'm sorry. Anonis (phonetic) Ortega, who is a permitting solutions company, and he is in the process of getting it taken care of now. But the new issue we're having is we can't get power to the property because there was a downed telephone pole. He's been calling in, and I talked -- I've been talking to Steven about this almost every day about getting power turned on to the property so that the engineer can verify all the electrical work for the addition so we can get the pool running, but we can't get the pool running without power. So it's just a difficult process. We're almost there, but we just need a little bit more time. CHAIRMAN KAUFMAN: Okay. Comments from the Board? Comments from the county? MR. LOPEZ-SILVERO: The county doesn't have any objection to whatever the Board recommends. CHAIRMAN KAUFMAN: Okay. April 27, 2018 Page 46 MR. ORTEGA: So we have a permit in place? MR. LOPEZ-SILVERO: Not as of yet. MR. ORTEGA: Okay. And who conducted the violation? Was it the owner? MR. LOPEZ-SILVERO: The previous owner. MR. ORTEGA: Okay. MR. FLYNN: Yeah. When I bought this property, I was -- unfortunately, I didn't pay enough attention to what the current violations of the property were. We signed -- we bought a property under the understanding it was just a normal remodel, and I didn't know that this was an unpermitted addition nor was it an unpermitted pool. If I had known that, I probably wouldn't have bought the property. MR. ORTEGA: The reason I ask that question is that if you would have conducted the work yourself, as the owner, then you would have not been entitled to use a permit by affidavit. MR. FLYNN: Yeah. I'm not a contractor. I'm not a -- MR. ORTEGA: You're good, is what I'm saying. MR. FLYNN: Am I -- MR. ORTEGA: You're good. You can use a permit by affidavit. MR. FLYNN: Yeah, and that's what we're in the process of doing right now, and we should be, I would say, within a couple weeks of having it completed. But I still can't get power to the property for the engineer to verify everything is working properly. MR. ORTEGA: Okay. But when you say -- you're performing work on site? MR. FLYNN: Yeah, they're performing -- the work actually has been stopped because I want to get -- make sure this permit is in place. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: It seems to me we have a choice one of two ways to go. Way No. 1, county withdraws this -- should the April 27, 2018 Page 47 Board agree to this, the county withdraws it and brings it back at another time, okay, or we could grant a continuance on this, or we can impose the fine or a portion of the fine, whichever comes first. What does the Board feel? MR. LEFEBVRE: Well, let me ask -- the power situation. You've been in touch with FP&L, I would assume? MR. FLYNN: Yeah. The company I hired was a guy by the name of Aaron Gilmore from -- I'm sorry -- his name is Aaron Barns Electric. They had to go and reconnect the power to the pole because there's a downed pole from the storm. They connected it but, unfortunately, I don't think he pulled a permit when he did that. So now he's been calling Collier County, I guess, the electric department, to have them come inspect the property and has been having a lot of difficulty getting through. I believe as of yesterday they did get through, and they're close to getting it taken care of. But the electric part has been fixed. He just needs Collier County to approve it, the inspection, and then they will give that to FP&L, get the power turned on, and then I could get the architectural drawings done to get the permit. MR. LEFEBVRE: Won't the permit have to be submitted for that first, applied for? You can't get an inspection without a permit, correct? MR. LOPEZ-SILVERO: Correct. MR. LEFEBVRE: Okay. MR. FLYNN: Don't we already have -- I mean, the original builder I hired, I thought, pulled a permit. MR. LOPEZ-SILVERO: They do have a building permit, but it's for interior remodel of the home. MR. LEFEBVRE: Okay. So then another permit would have to be pulled to connect power to the house. MR. LOPEZ-SILVERO: Correct. April 27, 2018 Page 48 MR. FLYNN: Okay. MR. LEFEBVRE: Doesn't sound like that's been done yet. MR. FLYNN: Okay. So I need a permit for the power to be pulled, turned on? MR. LOPEZ-SILVERO: I can get with the respondent. CHAIRMAN KAUFMAN: Yeah. Without getting into all the gory details. MR. LEFEBVRE: I'm thinking this case should be withdrawn. MS. PEREZ: Yes. CHAIRMAN KAUFMAN: So you're going to withdraw it? MS. PEREZ: I was about to, yes. The county has no problem withdrawing the case. We will work out some details with Calcap, LLC, as regards to what needs to be done in order to come into compliance, and we'll bring it back to Board at a later time. CHAIRMAN KAUFMAN: That was my first suggestion. Thank you. It's good for you. MR. FLYNN: Thank you. I'm trying. I'm sorry. CHAIRMAN KAUFMAN: Okay. So you'll be in touch with the county, and they'll work things out, and you can do your telephone poles and your electric and all the rest of that stuff. MR. FLYNN: Okay. Thank you. CHAIRMAN KAUFMAN: Thank you. MR. LOPEZ-SILVERO: Thank you. CHAIRMAN KAUFMAN: Steven. MR. LOPEZ-SILVERO: Have a great weekend. CHAIRMAN KAUFMAN: You, too. Which brings us to Danny. Hi, Danny. MR. BLANCO: Hello, sir. CHAIRMAN KAUFMAN: Doing great. MR. BLANCO: Thank you. Next item on the agenda is No. 3, Case No. April 27, 2018 Page 49 CEROW20160001923, N-A Properties, LLC. MR. ASHTON: Here's another one that the assessment has not -- the operating has not been paid. CHAIRMAN KAUFMAN: Yes. MS. PULSE: Yes. CHAIRMAN KAUFMAN: Thank you, Bob. MS. PULSE: Actually, they were paid yesterday online, and we have a printed receipt as of this morning. CHAIRMAN KAUFMAN: A likely story. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I'm trying to see what the original violation was. Why don't you tell me. MR. LEFEBVRE: Right-of-way permit. MS. PULES: Right-of-way permit. CHAIRMAN KAUFMAN: I know it's a right-of-way. MS. PULSE: Installing driveways, so they had a right-of-way permit that expired. CHAIRMAN KAUFMAN: Okay. Because right-of-way -- you also get those when the culvert fails is another right-of-way -- okay. So this needs a driveway? MS. PULSE: I forgot to say, for the record, Dee Pulse, Collier County Code Enforcement. No, it doesn't need a driveway. The driveways are completed. It was for construction of a metal building and a guesthouse entry. So they've already installed them. CHAIRMAN KAUFMAN: And this is -- the permits weren't completed? MS. PULSE: Correct. They had expired when we brought it before you. CHAIRMAN KAUFMAN: Okay. MR. SEPANSKI: Good morning. April 27, 2018 Page 50 CHAIRMAN KAUFMAN: Could you state your name. MR. SEPANSKI: Tom Sepanski. CHAIRMAN KAUFMAN: Okay. And you're here to request? MR. SEPANSKI: Well, I mean, I guess all the work got done. It didn't get done on time. So they were apparently eight days late, and there were fines of $800, so I'm requesting that you waive those fines. I mean, it was -- we were here in front of the Board in, I think it was November, and you gave us 60 days, and we didn't get it done on time. Christmas came and the holidays were there, and I didn't follow up on it. Apparently, I didn't follow up on a number of things, and I take fault on that. I mean, season came. I don't do that kind of work. I don't do construction. I own a tow company. I work 24 hours a day, seven days a week, and I pay people to do it, and it didn't get done, and I never followed through on it. So, I mean, I take fault on it, so... MR. LEFEBVRE: I make a motion to abate. MR. DOINO: I'll second it. MR. LEFEBVRE: Or deny the -- MR. ASHTON: As long as the -- CHAIRMAN KAUFMAN: Deny the county's request for the imposition. MR. LEFEBVRE: It's my motion, but he said it. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Okay. Any discussion on it? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. April 27, 2018 Page 51 MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So your fine is zero. MR. SEPANSKI: Thank you. MR. LEFEBVRE: Have a good day. MR. SEPANSKI: Thank you. MS. ELROD: He does have to pay the office fee though, right? MR. SEPANSKI: That was already paid. I think I paid that online, didn't I? MR. LEFEBVRE: It's paid. CHAIRMAN KAUFMAN: That's what Dee said. MS. PULSE: For today's hearing -- he's asking if today's hearing has fines, operational. MS. PEREZ: No. MR. LEFEBVRE: It will not. MR. SEPANSKI: Okay. CHAIRMAN KAUFMAN: Oh, wait a second. You know her? You're in trouble. MS. NICOLA: I've known him forever. When you grow up in Naples, you know a lot of people. I'm like, oh, my God. How long has it been since I've seen you? MR. SEPANSKI: A long time. MS. NICOLA: Thirty years. MR. SEPANSKI: I try to stay out of court. MS. NICOLA: Well, this isn't official court. This is quasi court. Although, they do all look like judges, don't they? CHAIRMAN KAUFMAN: Kangaroo. Okay. Let's hop on to April 27, 2018 the next. MR. BLANCO: That's all for today, sir. CHAIRMAN KAUFMAN: That's it? Okay. We still have one person left, though. MS. RODRIGUEZ: I'm done. CHAIRMAN KAUFMAN: Okay. Well, any -- MR. ASHTON: I make a motion to adjourn. MR. DOINO: Second. CHAIRMAN KAUFMAN: Adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10: 18 a.m. COD NFORCEMENT BOARD ' :E T A iA CHAIRMAN These minutes approved by the Board on tria� Ian , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 52