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CEB Minutes 05/24/2018May 24, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 24, 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 Lionel L'Esperance Kathleen Elrod (alternate) Ryan White (alternate) Herminio Ortega (excused) ALSO PRESENT: Danny Blanco, Code Enforcement Jeff Letourneau, Manager of Investigations 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 May 24, 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 1. CASE NO: CESD20170011238 OWNER: Caryn Mary McGrath OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 VIOLATION 659 Palm Ave., Naples, FL ADDRESS: 2. CASE NO: CESD20170003341 OWNER: Eliseo Viamonte OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a)(e) and (i). Alterations consisting of but not limited to: garage conversion into living space with full bathroom and a door installed in rear for private access, no Collier County Permits Obtained. FOLIO NO: 36321920008 VIOLATION 5428 27th Ave SW, Naples, FL ADDRESS: MOTION FOR EXTENSION OF TIME 3. CASE NO: CESD20170001654 OWNER: Helen Braughman OFFICER: Joseph Giannone VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Three unpermitted structures/mobile homes on the property. FOLIO NO: 1134803606 VIOLATION 15859 Janes Scenic Drive, Copeland, FL ADDRESS: B. STIPULATIONS C. HEARINGS 1. CASE NO: CELU20180005366 OWNER: Julio Garcia OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Outside storage consisting of but not limited to: tires, trash bags, ladders, wood, tools, coolers, dolly, car parts, etc. FOLIO NO: 62264080008 VIOLATION 5305 Trammel St., Naples, FL ADDRESS: 2. CASE NO: CESD20170018189 OWNER: Maylet Marquez OFFICER: Tony Asaro 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). Concrete wall, room addition and shed constructed without obtaining a Collier County Building Permit. FOLIO NO: 41044280007 VIOLATION 3665 14th Ave SE, Naples, FL ADDRESS: 3. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Colleen Davidson 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 a double man door in it without obtaining required Collier County Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road, Unit 4, Naples, FL ADDRESS: 4. CASE NO: CEV20180002623 OWNER: Glenstal Abbey LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(4). Commercial vehicle(s) and trailer(s) parked on residentially zoned property. FOLIO NO: 62204800002 VIOLATION 5346 Caldwell St., Naples, FL ADDRESS: 5. CASE NO: CESD20170017000 OWNER: David Espinosa OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Several unpermitted structures on the property. FOLIO NO: 39328600001 VIOLATION 430 20th ST NE, Naples, FL ADDRESS: 6. CASE NO: CENA20170014563 OWNER: Utopia East Trail LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(d). Prohibited exotic vegetation consisting of but not limited to: Brazilian Pepper, Air Potato, Earleaf Acacia, Australian Pine, Melaleuca, and Java Plum, etc within a 200 feet radius of an improved property. FOLIO NO: 447240009 VIOLATION No Site Address ADDRESS: 7. CASE NO: CESD20170020080 OWNER: LSF9 MSTR Participation Trust OFFICER: Tony Asaro 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). Alteration work to the interior of the main structure. FOLIO NO: 40064640000 VIOLATION 4070 29th Ave NE, Naples, FL ADDRESS: 8. CASE NO: CESD20170018508 OWNER: A V Vision LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e). Alterations / additions commenced without obtaining proper Collier County Building Permits. FOLIO NO: 32488080005 VIOLATION 4588 Parrot Ave., Naples, FL ADDRESS: 9. CASE NO: CESD20170012456 OWNER: Waste Services of Florida Inc OFFICER: Jon Hoagboon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Improvements made without first obtaining any and all required Collier County Permits. FOLIO NO: 274840009 VIOLATION 3706 Mercantile Ave., Naples, FL ADDRESS: 10. CASE NO: CESD20170011238 OWNER: Caryn Mary McGrath OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 VIOLATION 659 Palm Ave., Naples, FL ADDRESS: 11. CASE NO: CESD20180000309 OWNER: Scherley Fonseca Vazquez and Maria Tania Toirac Arburola OFFICER: Tony Asaro 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). Mobile home placed on the property without obtaining a Collier County Building Permit. FOLIO NO: 40930520005 VIOLATION 121 Everglades Blvd S, Naples, FL ADDRESS: 12. CASE NO: CEV20180006549 OWNER: Eduardo Rodriguez and Maria L Rodriguez OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-97(3). Commercial vehicles/equipment parked/stored on the residential property. FOLIO NO: 22670600009 VIOLATION 3600 Poplar Way, Naples, FL ADDRESS: 13. CASE NO: CESD20180006392 OWNER: Eduardo Rodriguez and Maria L. Rodriguez 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). Unpermitted wood structures, metal carport, and concrete columns on the residential property. FOLIO NO: 22670600009 VIOLATION 3600 Poplar Way, Naples, FL ADDRESS: 14. CASE NO: CESD20170016916 OWNER: Neysis Rodriguez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Unpermitted structures on the property and expired pool permit number 930007170. FOLIO NO: 37861480007 VIOLATION 1680 Randall Blvd., Naples, FL ADDRESS: 15. CASE NO: CENA20180001626 OWNER: Philip R Carr OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and 54-181. Scrap metal, appliances, furniture, plastic barrels, bikes, piles of vegetative debris, various types of containers, tires, miscellaneous litter, and unlicensed/inoperable vehicles. FOLIO NO: 246320007 VIOLATION 1900 J and C Blvd, Naples, FL ADDRESS: 16. CASE NO: CESD20170001107 OWNER: Magaly Gonzalez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations to the main structure to include two apartments with kitchens, bedrooms, bathrooms, with electric without obtaining Collier County Building Permit(s). Also, Air Conditioners units have been relocated without obtaining Collier County Building Permit(s). FOLIO NO: 40358240006 VIOLATION 3541 24th Ave NE, Naples, FL ADDRESS: 17. CASE NO: CELU20170018920 OWNER: Janice Anderson OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws, Chapter 54, Article VI, Section 54-181. Storing of vehicles, trailers and other household / construction items in the rear of the property. FOLIO NO: 63504040008 VIOLATION 3552 Seagrape Ave. Naples, FL ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20160011175 OWNER: Maria O. Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 VIOLATION 5326 Trammel St., Naples, FL ADDRESS: 2. CASE NO: CELU20150022309 OWNER: Highland Properties of Lee and Collier OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Commercial vehicles/trailers and dumpsters, numerous piles of vegetative debris and miscellaneous piles of litter containing but not limited to: wood, pipes, metal, concrete blocks, etc. on vacant parcel. FOLIO NO: 407320008 VIOLATION No Site Address ADDRESS: 3. CASE NO: CESD20170008234 OWNER: 11222 Tamiami LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.03(B)(5). Dumpster placed on a different location on the property and without a wooden enclosure which is required according to the site development plan no. 91-83. FOLIO NO: 60783240004 VIOLATION 11222 Tamiami Trail East, Naples, FL ADDRESS: 4. CASE NO: CESD20170002774 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Lane, Naples, FL ADDRESS: 5. CASE NO: CESD20160020044 OWNER: Teresa Scoppettone OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations/alterations done to interior including but not limited to: kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets, tile work. Work done includes electrical, plumbing, structural, etc. FOLIO NO: 46770280004 VIOLATION 1714 Kings Lake Blvd., Naples, FL ADDRESS: 6. 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, Construction in Right of Way, Division 1, Generally, Section 110-31(a). A culvert/drainage pipe in need of repair or replacement. FOLIO NO: 164960002 VIOLATION 203 Willoughby Drive, 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 9.1. CESD20160015129 Flores Salceiro and Terra Trust LLC X. COMMENTS XI. NEXT MEETING DATE - THURSDAY JUNE 28, 2018 AT 9:00 A.M. XII. ADJOURN May 24, 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 for case presentation unless time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes time 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. Now, before we begin, if you have a cell phone, and I know you all do, now is a good time to turn it off. And if you'll all rise for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Can we have the roll call. MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Gerald Lefebvre? MR. LEFEBVRE: Here. MR. BLANCO: Mr. Lionel L'Esperance? MR. L'ESPERANCE: Here. MR. BLANCO: Mr. Ronald Doino? MR. DIONO: Here. MR. BLANCO: Mr. Robert Ashton? MR. ASHTON: Here. MR. BLANCO: Ms. Sue Curley? May 24, 2018 Page 3 MS. CURLEY: Here. MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. Mr. Herminio Ortega is absent. CHAIRMAN KAUFMAN: Okay. So we need a person for Herminio's voting, and that would be Kathy this time. We hearing comments from the peanut gallery. Okay. Anybody have any problem with the minutes that were posted? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to approve the minutes. MR. LEFEBVRE: Motion to approve. MR. ASHTON: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We have a few changes? MR. BLANCO: Yes, sir. Roman Numeral 5, public hearings/motions, Letter A, motion for continuance, we have two May 24, 2018 Page 4 additions. Number 8 from hearings, Case No. CESD20170018508, AV Vision LLC. Number 3 from hearings, Case No. CESD20170001888, Alberto Hernandez, P.A. Letter B, stipulations, we have five additions. The first one is No. 12 from hearings, Case No. CEV20180006549, Eduardo Rodriguez and Maria Rodriguez. The next one is No. 13 from hearings, Case No. CESD20180006392, Eduardo Rodriguez and Maria Rodriguez. Number 1 from hearings, Case No. CELU20180005366, Julio Garcia. Number 10, Case No. CESD20170011238, Caryn McGrath. Number 5, Case No. CESD20170017000, David Espinosa. Roman Numeral 5, public hearings/motions, Letter C, hearings, No. 4, Case No. CEV2018002623, Glenstal Abbey, LLC, has been withdrawn. Number 6, Case No. CENA20170014563, Utopia East Trail, LLC, has been withdrawn. Number 9, Case No. CESD20170012456, Waste Services of Florida, Incorporated, has been withdrawn. Number 15 Case No. CENA20180001626, Philip R. Carr, has been withdrawn. Number 17, Case No. CELU20170018920, Janice Anderson, has been withdrawn. Roman Numeral 6, old business, Letter A, motion for imposition of fines/liens, No. 1, Case No. CESD20160011175, Maria O. Jimenez, has been withdrawn. Number 3, Case No. CESD20170008234, 11222 Tamiami, LLC, has been withdrawn. Number 5, Case No. CESD20160020044, Teresa Scoppettone, has been withdrawn. May 24, 2018 Page 5 And that's all the changes. CHAIRMAN KAUFMAN: Get a motion to approve the agenda as modified? MR. DOINO: Motion to approve. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Danny, would you like to start with the motion for continuances. MR. BLANCO: Yes. The first item on the agenda, it's No. 10 from hearings, Case No. CESD20170011238, Caryn Mary McGrath. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for the record, please. MS. McGRATH: Caryn McGrath. CHAIRMAN KAUFMAN: Okay. And are you going to be testifying also? MS. ANGIE McGRATH: I'm her wife Angie. We have the property together. CHAIRMAN KAUFMAN: Okay. So you state -- MS. ANGIE McGRATH: I kind of was the one who was May 24, 2018 Page 6 instrumental in this part, talking to Jonathan. CHAIRMAN KAUFMAN: Okay. I'm looking at your request here. You're trying to permit a house after Hurricane Irma. MS. NICOLA: I have a point of clarification. I'm looking at a stipulation that was apparently signed, so why are we having a request for a continuance if we have a signed stipulation? That's what I'm confused about a little bit. I mean, I think if you sign a stipulation, you waive your request for a continuance, in my opinion. MS. CURLEY: The violation occurred July 3rd. CHAIRMAN KAUFMAN: Yeah, before the storm, but that's neither here nor there right now. MS. NICOLA: Okay. CHAIRMAN KAUFMAN: We'll wait till Danny gets finished with his conference, and -- MR. LEFEBVRE: I saw that, too. MS. NICOLA: Right. MR. LEFEBVRE: Let's hear the stipulation. MR. MUSSE: Oh, did you want to hear the stip, or did you want to talk to Danny? CHAIRMAN KAUFMAN: Well, just on this. Why -- Tami brought up, why are we hearing a request for -- to give more time if they've already signed a stipulation? MR. BLANCO: Mr. Chairman, the stipulation was signed today, so it wasn't on the agenda as a motion for continuance. CHAIRMAN KAUFMAN: So we can eliminate the motion for continuance? MR. BLANCO: Correct, sir. CHAIRMAN KAUFMAN: So you show that as withdrawn? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good. MR. LEFEBVRE: Are we going to hear the stipulation first? May 24, 2018 Page 7 CHAIRMAN KAUFMAN: We're going to hear the stipulation on -- MS. NICOLA: We're going to hear your stipulation but not the continuance. CHAIRMAN KAUFMAN: Hold on. Hold on. MS. ANGIE McGRATH: Tell us what to do. CHAIRMAN KAUFMAN: The first thing, we follow the agenda, and that was we hear the requests for extensions first, so this is going to be canceled. And after we hear all the extension cases, then we hear the next batch, which would be the stipulations, and that's your case. It will be in the stipulations. So don't go far. MS. ANGIE McGRATH: So we'll just -- we'll sit back down. MS. NICOLA: It will just be a few minutes. Sorry about that. MR. BLANCO: Mr. Chairman, we have an additional change to the agenda. CHAIRMAN KAUFMAN: You're only allowed a couple today. MR. BLANCO: Roman Numeral 5, public hearings/motions, Letter C, hearings, No. 3, Case No. CESD20170001888, Alberto Hernandez, P.A., has been withdrawn. MS. NICOLA: So that removes another motion for continuance. MR. BLANCO: Correct. MS. NICOLA: Which would also be a change to the agenda, so there's two. CHAIRMAN KAUFMAN: I know. We voted on the first one. We'll do the second now. MS. NICOLA: Okay. I just want to be sure. I was worried a little bit. MS. CURLEY: Thank you. MS. NICOLA: Thank you. CHAIRMAN KAUFMAN: Not my first rodeo. Okay. We have changes to the agenda. We'll take a motion to May 24, 2018 Page 8 accept them. MR. ASHTON: Motion to accept the changes. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Any more changes, Danny? MR. BLANCO: No, sir. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: ***Next item on the agenda, it's Case No. CESD20170003341, Eliseo Viamonte. MR. ASHTON: What number, Danny? MS. CURLEY: What number, Danny? CHAIRMAN KAUFMAN: It's number two on the motion for continuance. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Do we have a letter on this requesting the -- is that in the case itself? MR. BLANCO: It should be in the packet you received on the computer. CHAIRMAN KAUFMAN: On the computer, okay. May 24, 2018 Page 9 MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: CS what? MR. BLANCO: It's Case No. CESD20170003341. CHAIRMAN KAUFMAN: For us it's a lot easier if you give us the first numbers rather than us looking through all of those -- MS. CURLEY: 5.A.2. CHAIRMAN KAUFMAN: Okay. Yes, that's much easier. Give us a minute. We're reading through it. MR. LEFEBVRE: Is this the one where your wife had possession of the house? MR. VIAMONTE: Yes, sir. Not anymore. MR. LEFEBVRE: Well, no. MS. CURLEY: Congratulations. MR. LEFEBVRE: Small victory. CHAIRMAN KAUFMAN: Okay. I remember now. Okay. You're looking to -- you didn't get in there until our last meeting, as I recall, and you've been working diligently there, I assume. MR. VIAMONTE: Yes, sir. CHAIRMAN KAUFMAN: And the county says? MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. The county has no objection for more time. CHAIRMAN KAUFMAN: Okay. Has there been progress made since? MS. PULSE: Yes. He's been working with an engineer. He applied for a permit on May 15th, and it's in the review status. CHAIRMAN KAUFMAN: And how much time do you think you need? MR. VIAMONTE: I think I need at least three months more because I don't know how the process works, if they're going to re-call something that I have to fix again or -- just want at least three months. May 24, 2018 Page 10 Everything is done, but I just need the correct time to not have to go back in and ask for more time. MR. LEFEBVRE: Is anyone living there now? MR. VIAMONTE: Hmm? MR. LEFEBVRE: Is anyone living there now? MR. VIAMONTE: Me and my son. CHAIRMAN KAUFMAN: In that space that was in question? This was a garage conversion; is that correct? MR. VIAMONTE: Yes. CHAIRMAN KAUFMAN: Is anybody living in that garage conversion? MR. VIAMONTE: No. The thing is -- the utilities have been cut off, the water supply, the electricity, the A/C. Now I'm doing modification, conversion of the garage in game room, so that's what I'm going to apply for; modification in process now. CHAIRMAN KAUFMAN: You think you can get that all done in three months, right? MR. VIAMONTE: Yes. The documents have been submitted already, so -- MR. LEFEBVRE: A motion to continue would keep the fines running, correct? MS. NICOLA: (Nods head.) MR. LEFEBVRE: I make a motion to continue for 120 days. MR. L'ESPERANCE: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to grant a continuance until -- I don't know what the date is, but that's four months. MS. NICOLA: September 20th. CHAIRMAN KAUFMAN: That's four months. MR. LEFEBVRE: Give you a little extra time just in case. CHAIRMAN KAUFMAN: It's either that or he couldn't figure May 24, 2018 Page 11 out that three months is 90 days. Well, that's another story. MR. LEFEBVRE: Well, if you had to bring that up. MS. CURLY: I'd say Answer No. 2. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. VIAMONTE: Thank you. Appreciate it. CHAIRMAN KAUFMAN: Okay. We'll see you in four months. MR. VIAMONTE: Thank you. MR. BLANCO: ***Next item on the agenda is No. 8 from hearings, Case No. CESD20170018508, AV Vision, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. LEFEBVRE: And you have a letter here. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: Email. CHAIRMAN KAUFMAN: "Due to some time issues"... Now, the violation on this, if you'll help me, is? MR. LEFEBVRE: Alterations/additions commenced without obtaining proper Collier County building permits. CHAIRMAN KAUFMAN: Okay. So the way I understand this is, correct me if I'm wrong, you're going to get a building permit to accept what's been done so it will be a permit by affidavit; is that May 24, 2018 Page 12 correct? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: Okay. Were you the property owner of this before this was done, the alterations? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: You see the problem that you're going to run into there is the county changed their rules, and it says if you're the property owner when the violation occurred, they don't -- I don't know if they won't, but they don't issue permits by affidavit. MS. CURLEY: Wait. I don't think he understood that question. CHAIRMAN KAUFMAN: Okay. Did you own the property prior to the alterations being done? Did you do the alterations that were not permitted? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: Okay. Then I did understand it. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Now, according to our expert on the board, who's not here today, he said that if you're the one that did it, then you can't get a permit by affidavit. Now, that's not up to me. That's not up to code. But you're going to find out what the deal is as you go by, so don't be surprised if that happens. MR. AZAVEDO: Okay. CHAIRMAN KAUFMAN: So for two weeks -- we go by months. So our next meeting is a month from now. So if we grant an extension, it might as well be for one month instead of two weeks. You have applied for a permit? MR. AZAVEDO: We are finishing everything so we can submit the application for the permitting, and we believe that we're going to be ready in two weeks. CHAIRMAN KAUFMAN: Okay. What's the original NOV on May 24, 2018 Page 13 this? MR. LEFEBVRE: The 28th of November, last year. MS. McGONAGLE: Yeah. Service was given on November 29, 2017. CHAIRMAN KAUFMAN: Okay. So from November -- December, January, February, March, April; that was six months ago -- what's been done? MR. AZAVEDO: We've been working on it. We've been -- I've been going to the -- and I have been dealing with Renald Paul and been going to the -- and talking to him and explaining to him what we've been doing to try to get everything done as far as the change that we're making. First what we've done at the -- what I've done -- because of the hurricane, we had the water intrusion, and we had to remove everything. That's why we start doing the -- everything. It was just removing of old cabinets because they had a lot of mold, and that's when everything started. That's why we start doing what we're doing. CHAIRMAN KAUFMAN: So there was no demo permit issued? MR. AZAVEDO: Yeah. MS. McGONAGLE: Correct. MR. AZAVEDO: There was no demo, just because we had the water intrusion, and we had the mold, and that's why we tried to get everything out as quick as possible, and we didn't -- of course, I didn't know I should be pulling a permit to do demolition. That's basically -- CHAIRMAN KAUFMAN: Is that the only permit that's in question now is the demo permit? MS. McGONAGLE: Well -- and the permit for the alterations. CHAIRMAN KAUFMAN: For the alterations? MS. McGONAGLE: Correct. CHAIRMAN KAUFMAN: For the alterations. I believe what's going to happen, if we grant a continuance for May 24, 2018 Page 14 one month, I have a feeling that you're going to be back here again, but that's not up to me. That's up to the Building Department. Any comments from the Board? MR. LEFEBVRE: Is the house all put back together? Is that what -- MR. AZAVEDO: No. It's still the same. We haven't done anything since we got the notice. It was left me a notice at my door. The house has been sitting exactly the same. Nothing has been done to the house. MR. LEFEBVRE: So getting permits and everything at this point -- MR. AZAVEDO: Yes. MR. LEFEBVRE: -- wouldn't be that difficult? MS. CURLEY: So the only thing -- the requirement is, is that he get the permit, and then after that this case is closed before us? MR. LEFEBVRE: No. You have to CO it or certificate of completion. MS. CURLEY: He needs a year. CHAIRMAN KAUFMAN: Well, we don't know where that's going to be until the next step happens. MR. LEFEBVRE: What's the scope of work? Has drywall been removed? Where are you right now? MR. AZAVEDO: Yes, drywall has been removed. The tile has been removed. Old cabinets been removed. CHAIRMAN KAUFMAN: And you applied for a demo permit? MR. AZAVEDO: Yes. MS. CURLEY: And what about the restrooms; are they intact or no? MR. AZAVEDO: No. They -- we removed every -- we demolished one as well. We're fixing up one as well; redoing, actually. CHAIRMAN KAUFMAN: Let me -- May 24, 2018 Page 15 MR. LEFEBVRE: This is going to take -- CHAIRMAN KAUFMAN: Jeff -- well, if we grant what's -- we're here to hear the request for a continuation, okay. So if we grant a continuation, you'll be back in a month, and we'll probably be in the same position we are now, but we'll have a little bit more information. Are you familiar with what I said about doing a permit by affidavit? MR. LETOURNEAU: I am. You're correct. If the person that did it is the owner of the property, they have to go through the full bore and get a regular permit. If they buy a piece of property that already had the violation on it, they can do a permit by affidavit. I would say -- my computer's not functioning correctly this morning, but I don't see a demo permit. You mentioned that you had applied for -- MR. AZAVEDO: No, not -- MR. LETOURNEAU: Okay. All right. The county's opinion is we'd rather hear the case now and, you know, give him some time if we get a -- you know, find a violation at this point rather than a continuance. CHAIRMAN KAUFMAN: Because all we'd be doing is delaying it a month for no reason. MR. LETOURNEAU: Correct. I'd like to -- you know, I mean, NOV was issued in November. Here we are five months later. Not even a demo permit's been issued, so... CHAIRMAN KAUFMAN: Okay. Well, do we have any other comments from the Board? MS. CURLEY: There wasn't any special timelines or anything for hurricane damage, for things like this where you were exempt from certain permitting or, like -- you know, if he had waited for his demolition permit, you know, the house would have been toxic and moldy? May 24, 2018 Page 16 CHAIRMAN KAUFMAN: I believe there was -- they gave extra time for roof repairs. MS. CURLEY: That's it, roof? CHAIRMAN KAUFMAN: As far as I know. MR. LETOURNEAU: We were expecting him to pull a demo permit right from the get-go. That would have gave him six months right there to, you know, at least -- he already stated all the stuff's out of there, so I don't understand why the demo permit couldn't have been pulled and CO'ed at this point and be working on the building permit at this juncture. MS. CURLEY: So how do you do a permit by affidavit for demo? I mean, it's demoed. MR. LETOURNEAU: He can't do a permit by affidavit. He has to -- he comes down here, gets a normal demo permit, they come down there, inspect the demolition, put a CO on it, then he starts working on his building permit. CHAIRMAN KAUFMAN: Okay. Let me bring us back to the case. We have a request for an extension. Does anybody want to make a motion on the request for the extension? MR. LEFEBVRE: He's not going to have a certificate of completion in two weeks, so an extension for two weeks would be -- CHAIRMAN KAUFMAN: So you're making a motion to deny the request for extension? MR. LEFEBVRE: I'm thinking about making an extension or continuance for a period that would be more reasonable, or is it the -- CHAIRMAN KAUFMAN: Well, the county said let's hear the case. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to deny the extension of time. MR. L'ESPERANCE: And I will second that. May 24, 2018 Page 17 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. MS. CURLEY: (No verbal response.) MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We're going to hear the case, so -- when it comes up in the next order of business, and at that time we should be able to resolve it so you'll know where you're going down the road better than you would if you just went for two weeks or a month. MR. AZAVEDO: Okay. CHAIRMAN KAUFMAN: So this one's done. MR. AZAVEDO: Thank you. CHAIRMAN KAUFMAN: Okay. Don't go far. MR. BLANCO: Mr. Chairman, we have an additional change to the agenda. CHAIRMAN KAUFMAN: I told you you're only allowed a couple of those. Hang on one second. Okay. Yes, Danny. MR. BLANCO: Roman Numeral 5, public hearings/motions, Letter B, stipulations, we have three additions. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Number 14 from hearings. May 24, 2018 Page 18 CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Case No. CESD20170016916, Neysis Rodriguez. Number 16 from hearings, Case No. CESD20170001107, Magaly Gonzalez. Number 11 from hearings, Case No. CESD20180000309, Scherley Fonsea Vasquez and Maria Tania Toirac Arburola, and that's all the changes. CHAIRMAN KAUFMAN: Get a motion to modify the agenda. MR. DIONO: Motion to identify. MR. ASHTON: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I don't say these as fast as Mark Strain, but I'm trying. MR. BLANCO: ***Next item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter A, motions, motion for extension of time, No. 3, Case No. CESD20170001654 Helen Braughman. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: It takes us longer to do this now. We have a new streamlined process. What was the violation? May 24, 2018 Page 19 MR. MUCHA: I believe it was three unpermitted structures. CHAIRMAN KAUFMAN: Okay. And the NOV was done November? MS. CURLEY: You remember this. MR. MUCHA: It was quite some time ago. MS. CURLEY: These were on there for like, 20, 30 years, these structures. CHAIRMAN KAUFMAN: Right. MS. BRAUGHMAN: Forty. MS. CURLEY: Forty. CHAIRMAN KAUFMAN: I do remember. Okay. Good morning. MS. BRAUGHMAN: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the record. MS. BRAUGHMAN: Helen Braughman. CHAIRMAN KAUFMAN: Okay. I'm reading your request for additional time. Okay. From the county? MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. We leave it to the discretion of the Board. MS. CURLEY: Sounds like you've had a tough half a year. CHAIRMAN KAUFMAN: Let me ask, those three structures that are on the property, are they being utilized now, or are they just sitting there? MS. BRAUGHMAN: Mostly just storage. And I went to the people that I bought the property from, and that one, the big -- the house has been there almost 40 years. I've owned the property almost 40 years, and it's been there all this time. It's not being used or anything like that. It is just storage. But they said that they didn't have any -- they don't know why it May 24, 2018 Page 20 wasn't grandfathered in, and I told them nobody knows anything about grandfathering anymore. I don't understand. I'm sort of lost. CHAIRMAN KAUFMAN: Do you have somebody that's helping you with this? MS. BRAUGHMAN: No. I just went to the people that I bought the property from. CHAIRMAN KAUFMAN: Okay. MS. BRAUGHMAN: And that's what they said. Because it was there long, long before I bought the property, and then there was a modular home put up, and that's what all the permits and everything is for is for that one. But the other one they said had to be grandfathered in or something or they couldn't have sold it. That was their excuse, but I don't know. MS. CURLEY: Sounds good. CHAIRMAN KAUFMAN: Do you have any idea of how much time you need to get all this -- MS. BRAUGHMAN: Well, as I said, everybody has been so busy with the hurricane, and I haven't had anybody to help me. And I've had a few things removed and stuff, and I did get my roof patched on the big house just before the big rain. So it's been coming along very slowly on account of everybody else helping everybody else get in where they need to get in. CHAIRMAN KAUFMAN: Okay. Have you been out to the property? MR. MUCHA: I haven't been out there recently. We did have a meeting a few months ago. I brought her in. We met with Renald Paul and, actually, one of the environmental people as well, because I think there was issues with, I think, maybe clearing too much, you know, for the structures and things like that. So I've been trying to help her do what I can, but... CHAIRMAN KAUFMAN: Was this a complaint from -- May 24, 2018 Page 21 MR. MUCHA: This came from the Sheriff's Office. CHAIRMAN KAUFMAN: And what was -- they just spotted it? I guess, maybe with a lot of the trees coming down, they couldn't see there before or -- MR. MUCHA: I'm not exactly sure the nature of why they turned it in to us. I didn't have custody of the case when it began. I've kind of taken it over now. CHAIRMAN KAUFMAN: You've got some help. MR. AMBACH: Good morning. For the record -- CHAIRMAN KAUFMAN: Hold on. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. I met -- originally met with the sergeant for that district who advised that the structures out there were being used for drug dealing and drug activity. That's how we received the complaint. CHAIRMAN KAUFMAN: Okay. That answers a lot of questions. I don't know -- are you aware of what was going on out there? MS. BRAUGHMAN: No. CHAIRMAN KAUFMAN: Does the Sheriff ever talk to you? MS. BRAUGHMAN: No. He come there after my grandson one time, and he's put in a complaint all over Copeland. And he said he was going to clean this place up, but the drug dealing is down on the corner; not my house. MR. LETOURNEAU: I'd like to point out also that we do -- there was a stipulation signed for six months. CHAIRMAN KAUFMAN: Okay. And it was signed when, six months ago? MR. LETOURNEAU: Yeah. It's November 17th. Yeah, basically a little bit over six months ago. May 24, 2018 Page 22 CHAIRMAN KAUFMAN: And the stipulation said that the buildings would be either permitted or removed? MR. LETOURNEAU: Correct. CHAIRMAN KAUFMAN: Okay. MS. BRAUGHMAN: That was just before the hurricane. CHAIRMAN KAUFMAN: November was after the hurricane. It was November? MR. LETOURNEAU: Yeah, it was like, what, two months after the hurricane. MS. BRAUGHMAN: Was it? Okay. MS. CURLEY: September 10th. MS. NICOLA: November 17th. CHAIRMAN KAUFMAN: I know when the hurricane was. Believe me, I know when the hurricane was. MS. BRAUGHMAN: Well... CHAIRMAN KAUFMAN: Okay. Do we have any comments from the Board? And what we have in front of us is the respondent is asking for additional time. I don't know how much time. I don't think the respondent at this point knows how much time. MS. BRAUGHMAN: Not really, but I did ask for six months. CHAIRMAN KAUFMAN: Okay. Comments from the Board for the extension of time? We have a small conference. MS. CURLEY: I mean, this is unfortunate. CHAIRMAN KAUFMAN: I couldn't agree with you more. MS. CURLEY: It's terrible because -- CHAIRMAN KAUFMAN: Do you think you may be able to make more progress in six months? MS. BRAUGHMAN: I think so. Like I say, they're getting more together. They are in my community now helping. The Red Cross thing, and there's another one there that's helping. And I'm on the list, so hopefully they'll -- May 24, 2018 Page 23 MS. CURLEY: Is your grandson still there where he can assist you, or is he just visiting? MS. BRAUGHMAN: He's -- he turned 18 the 19th of April, and -- MS. CURLEY: I'd get out of Copeland, too, if the Sheriff was chasing me around. MS. BRAUGHMAN: He's had it rough with him. Well, when the guy came on he said, "I'm going to clean this place up." I'm like, "Excuse me?" MS. CURLEY: Well, he can help you. MS. BRAUGHMAN: Yeah. I wish he would have helped me. CHAIRMAN KAUFMAN: Do you want to make a motion? MS. CURLEY: I would like to make a motion to extend the -- can we do this, extend the stipulation for an additional six months and -- CHAIRMAN KAUFMAN: Do a continuance? MS. CURLEY: Okay. Sorry. Continuance for six more months -- MS. BRAUGHMAN: Appreciate it. MS. CURLEY: -- and that should be very helpful for -- CHAIRMAN KAUFMAN: You can revisit it at that time. MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: That's your motion. Do we have a second? MR. DOINO: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a second. So we have a motion and a second to grant the respondent's request for six months' continuance. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? May 24, 2018 Page 24 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BRAUGHMAN: Thank you so much. MR. BLANCO: Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. BLANCO: Just to clarify, the respondent submitted a motion for extension of time. So we're denying that and, instead, we're granting a continuance, correct? CHAIRMAN KAUFMAN: Well, I think in her request for a continuance, she's asked for six minutes in the letter here; isn't that correct? MR. BLANCO: No, it is, but she -- it's on the agenda as an extension of time. An extension of time is when the fines stop accruing and we -- you know, we grant a new compliance date. So we're denying the respondent's motion for extension of time and instead granting a continuance? CHAIRMAN KAUFMAN: I have no problem with that. MS. CURLEY: So the fines are stopping or no? MR. BLANCO: With a continuance the fines would continue to accrue. MS. CURLEY: Yeah. MS. NICOLA: I normally draft these up as simple orders to continue, though. It wouldn't normally say the request for extension of May 24, 2018 Page 25 time was denied and that the continuance was granted. So that's how I normally draft them if that's okay with everybody. Okay? Okay, great. CHAIRMAN KAUFMAN: Okay with me. Okay. MS. NICOLA: Just for the record, it will be -- November 20th would be the continuation date, and because there's not a meeting in December, it at least seems to me that she might have just a little bit more time. But hopefully you'll use that time wisely. MS. BRAUGHMAN: Yes. When's the next meeting; do you know? MS. NICOLA: In November. MS. BRAUGHMAN: Yes. MS. NICOLA: Yep. CHAIRMAN KAUFMAN: Okay. Thanksgiving time, in that area. MS. BRAUGHMAN: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. That finishes, unless I'm mistaken, the motions for continuances. MR. BLANCO: That's correct. ***The next item on the agenda, it's No. 12 from hearings, Case No. CEV20180006549, Eduardo Rodriguez and Maria Rodriguez. We actually have two cases, the same respondent. The next one, No. 13, Case No. CESD20180006392, Eduardo Rodriguez and Maria Rodriguez. CHAIRMAN KAUFMAN: Okay. The first one is for -- we will vote on them separately, but the first one is for vehicles and equipment parked -- stored on the property. What's the description of the violation on the second case? MR. BLANCO: It's unpermitted wood structures, metal carport, and concrete columns on residential property. CHAIRMAN KAUFMAN: Okay. We'll hear that separately. So May 24, 2018 Page 26 this is the case we're hearing right now. Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You have a stipulation. Do you want to read this into the record for us? MS. McGONAGLE: Yes, sir. Good morning, for the record, Investigator Michelle McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing. Number 2, abate all violations by storing commercial vehicles and equipment in rear yard and concealed from view within a completely enclosed structure, or remove from residentially zoned property within seven 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 to perform a site visit 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. Thank you. Do you understand the agreement that -- MR. RODRIGUEZ: A little, but not too much. CHAIRMAN KAUFMAN: Let me explain what -- all the mumbo jumbo that was read over there. If you don't understand me, tell me. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: What she said is you have to pay a fine within the next month of $59.42. May 24, 2018 Page 27 MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: That's one. You have to move those vehicles, or whatever the complaint is, behind the structure so that they can't be seen; they're behind the house, not in front of the house. MR. RODRIGUEZ: Excuse me. Whatever they say in the paper, it only one big truck. CHAIRMAN KAUFMAN: Okay. Is that correct? MS. McGONAGLE: No, sir. CHAIRMAN KAUFMAN: What else is there besides a big truck? MS. McGONAGLE: There's a bunch of other commercial vehicle equipment and tools, an air compressor, miscellaneous commercial equipment. CHAIRMAN KAUFMAN: Okay. Can you get all of that moved behind also? MR. RODRIGUEZ: I can't put it behind my house, all this kind of stuff. You know, I no use it to work, so it only stay right there. The compressor, whatever you mentioned, the air compression, only using -- no using it, no run it, so just put it -- I buy (sic) it but no run it. CHAIRMAN KAUFMAN: Well, then you either need to get rid of it or put it behind the house. MS. McGONAGLE: Sir, if I may -- CHAIRMAN KAUFMAN: But that -- what? MS. McGONAGLE: It is behind the house, but they live on a corner lot, so it is visible from the side street. CHAIRMAN KAUFMAN: There is no back then. MR. LETOURNEAU: It has to be concealed also. CHAIRMAN KAUFMAN: Okay. It has to be concealed. If he can put a tarp over it, would that do? No. MR. LETOURNEAU: No. You're going to have to -- it's either going to have to be removed from the property or conceal it. I mean, May 24, 2018 Page 28 so when you're walking from a legal vantage point you can't see it, and a tarp's not going to do it at this point. MS. CURLEY: What about a fence? MR. LETOURNEAU: They do have a fence around maybe half of the property, but in residential areas like this, it is -- you can only build a 4-foot fence in the front area, so even walking from the street, you're still going to be able to see it. CHAIRMAN KAUFMAN: So what you signed, which you may not agree to at this time, we'll find out, is -- MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: -- the stuff that was there -- MR. RODRIGUEZ: I move it. CHAIRMAN KAUFMAN: -- you're going to put vanishing cream on it somehow, and it's going to disappear. MR. RODRIGUEZ: Okay. So I'll move it. CHAIRMAN KAUFMAN: Okay. You can do that in a week? MR. RODRIGUEZ: Yep. MS. CURLEY: So I -- CHAIRMAN KAUFMAN: Okay. Let me finish. And if you don't do it in a week, it's going to cost you $100 a day. Okay. MR. RODRIGUEZ: I understand, sir. Okay. CHAIRMAN KAUFMAN: Okay. Now, Sue. MS. CURLEY: So I'm looking at the original violation. First it says -- No. 5 says, date violation first observed, April 24th, 2018. They were given notice on April 25th, and then they had a week to correct it, and then they were reinspected, and now they're here. I mean, why is this -- this is not life or death. There's no children or fire safety involved. Why did this, like -- why did this person not get 30 days? This is probably some work equipment or something like that. I mean, this is, like, hyper -- MR. RODRIGUEZ: Excuse me. May 24, 2018 Page 29 CHAIRMAN KAUFMAN: This is -- this is -- let me -- MS. CURLEY: To me this seems like this is not really very much time just for him to get the notice. I mean, if he gets the notice Monday, he's working. By Friday he's reading it, and then by the next Monday he's already in trouble. I mean, it's not like this is a, really, you know, life-or-death situation here. And now we give seven days? I mean -- CHAIRMAN KAUFMAN: We don't -- we don't do the inspections. We are here to hear the cases. And in this particular case -- MS. CURLEY: Right. CHAIRMAN KAUFMAN: -- the respondent agreed to this stipulation. So that's what we're talking about -- MS. CURLEY: Of course he agreed, because that's what he's being told to agree to, but it doesn't seem like it's a reasonable amount of time for any working family to re-accommodate all of equipment which probably is used for their week or lifestyle or their job or whatever. It just seems like now he's got seven days? CHAIRMAN KAUFMAN: Yes, Eric. MS. CURLEY: It seems like it's also a little heavy handed. CHAIRMAN KAUFMAN: Eric? (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: For the record, Supervisor Eric Short, Collier County Code Enforcement. To answer your question, Ms. Curley, this is a simple correction. We're not asking them to pull permits, get an engineer, an architect, anything like that. It's moving some commercial equipment from a property. As you're all aware, that the residential -- MS. CURLEY: So this is -- we've run across this before where now all of a sudden you're enforcing these codes that have been May 24, 2018 Page 30 existing, and these people have tractors and trailers that they have to go rent space for and accommodate expenses that they don't normally have to locate their work vehicles off their residential neighborhood. So it is a big deal when you -- MR. SHORT: And this is, like you said, a residential neighborhood, not a place where commercial equipment is permitted. MS. CURLEY: So how many years has this equipment been parked there? MR. SHORT: We've had multiple cases on this property, and we've escalated it to a hearing, and they've agreed to a stipulation. MR. LEFEBVRE: Were they in front of us one other time with, like, metal canopies and so forth a couple years? MR. SHORT: This would have been back in 2014. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Okay. The gist of this all is the respondent now understands what the stipulation is, and he has agreed to it; is that correct? MR. RODRIGUEZ: I didn't understand whatever you said there. CHAIRMAN KAUFMAN: Tell me what you don't understand and we'll -- MR. LEFEBVRE: What he said. CHAIRMAN KAUFMAN: What Eric said. He said that this is a simple thing to fix. You don't need a permit. All you need to do is remove the stuff. MR. RODRIGUEZ: I see. I already signed it. I remove everything. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: He agreed to it. MR. RODRIGUEZ: I have another question. MR. LEFEBVRE: Make a motion to accept -- MS. CURLEY: He has a question. May 24, 2018 Page 31 CHAIRMAN KAUFMAN: You have questions? MR. RODRIGUEZ: Yes. For my little dogs, I have four dogs for my sons. I'm building small houses -- CHAIRMAN KAUFMAN: We'll get to that. Okay. That's the next case. We just want to take care of this one first, okay? MR. LEFEBVRE: Make a motion to approve the stipulated agreement as stated with the operational cost of $59.42 to be paid within 30 days. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. That takes care of this one. And if you don't understand, maybe I'm easier to understand. MR. RODRIGUEZ: That's okay. CHAIRMAN KAUFMAN: My Spanish is not so good, but my wife's is, and she talks to me all the time. Okay. Now you want to read the next case into the record, Danny? May 24, 2018 Page 32 MR. BLANCO: Yes, sir. ***Next item on the agenda is No. 13 from hearings, Case No. CESD20180006392, Eduardo Rodriguez and Maria L. Rodriguez. CHAIRMAN KAUFMAN: Okay. And we have a stipulation on this as well. (The speakers were previously duly sworn and indicated in the affirmative.) MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Would you read the stipulation into the record, please. MS. McGONAGLE: Therefore, it is agreed between the parties that the respondent shall, No. 1, pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structures, metal carport, and concrete columns within 60 days of this hearing, or a fine of $200 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. And the fine after 60 days was how much? MS. McGONAGLE: $59.56. CHAIRMAN KAUFMAN: No, no. That's the -- May 24, 2018 Page 33 MS. McGONAGLE: Oh, I'm sorry, $200. CHAIRMAN KAUFMAN: Two hundred dollars a day. So just so I understand it, he has some buildings, structures, or something there that were put up without a permit; is that correct? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. I just wanted to understand what it is. MS. McGONAGLE: There's three separate items. He has numerous wooden structures on the left side of the house, there's a metal car port in the driveway, and two concrete columns built on either side at the end of the driveway. CHAIRMAN KAUFMAN: Okay. So there's two concrete -- MS. CURLEY: Like monuments? Like monuments to enter into the driveway? MS. McGONAGLE: Yeah. They're concrete block columns that are about yay tall. MR. RODRIGUEZ: Four feet. MS. CURLEY: Is there anything in it? MR. RODRIGUEZ: Four feet tall. MS. CURLEY: Is there something in them? MS. McGONAGLE: I don't know. They just look like concrete blocks that were -- MS. CURLEY: That's not a structure then. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: It was determined by our building official that they were structures and required permits. CHAIRMAN KAUFMAN: Okay. So here we are. You have -- I know you want to tell me something about four dogs. MR. RODRIGUEZ: Yeah. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: My four dogs. I make little houses behind May 24, 2018 Page 34 my house. About five years ago, the county come into my house. You supposed to be building one small house for the dog. I do it. Later on I build it for my son. I have four small dogs. Build about maybe six feet; little houses. Make this much (indicating) concrete, about two inches in the bottom, and put a silt fence in the sides and make it -- in the top put plywood and put shingles. That's it. No metal, no nothing. CHAIRMAN KAUFMAN: Okay. And you have one of those or four of those? MR. RODRIGUEZ: Four small houses. CHAIRMAN KAUFMAN: Four dog houses? MR. RODRIGUEZ: Yeah, about four by four, something like this. CHAIRMAN KAUFMAN: Okay. So the county has come to you and asked you to either get a permit for those dog houses -- and I'm assuming they provide permits for that. I don't know who the -- MR. LETOURNEAU: They -- depending on setbacks, obviously. I'm looking at the pictures right now. I'm not sure that they're going to meet setbacks. CHAIRMAN KAUFMAN: Okay. So let me give you my suggestion on this. It may be very difficult for us to really understand it without hearing the case, so -- but that's up to you. If you want -- what we're here to determine right now, since you signed a stipulation -- and if you say, no, I don't agree to it, we'll hear the case. You agreed to pay $59.56 -- MR. RODRIGUEZ: Yes, sir. CHAIRMAN KAUFMAN: -- within 30 days, and you either get those buildings permitted or removed within 60 days. Okay. That's what -- and if you don't do it within 60 days, it's a $200-a-day fine. MR. RODRIGUEZ: I understand, sir. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: My question is, you want me to buy the May 24, 2018 Page 35 permit to build it, a small house for the dogs? CHAIRMAN KAUFMAN: Well -- MS. CURLEY: They want it (indicating). CHAIRMAN KAUFMAN: Me personally, no. MS. CURLEY: Not you. CHAIRMAN KAUFMAN: But the county has rules, and some of the rules are you can't build structures without permits, number one. Number two, you couldn't put a structure right on your property line, probably; that's what I'm hearing. So I don't know how close the dog houses are to the property lines. We don't know any of that. All we know is the stipulation that you agreed to. So that's why I'm saying you may want to agree to this, or you may not want to agree to it. If you don't agree to this, we will hear the case, and we will see pictures of the buildings, and we'll go from there. So that's up to you. MR. RODRIGUEZ: No, it's okay. I agree, you know. But I want to go to the county and see -- talk to the permit. CHAIRMAN KAUFMAN: Okay. Well, if we hear the case, we will entertain your requests as long -- as well as the county's for how much time you need to go to the county and pull building permits and stuff like that. MR. RODRIGUEZ: I put today. I don't need time. Only I want to make sure, you know, for the dogs. Just want to make a permit. So I know everybody in the -- is happy -- a small house for the dogs. So I mean, I want to go today, check it out, see what's -- CHAIRMAN KAUFMAN: Okay. So let me get back to the question. Do you want to accept this agreement? MR. RODRIGUEZ: Yes, sir. CHAIRMAN KAUFMAN: You do? MR. RODRIGUEZ: Yes, sir. May 24, 2018 Page 36 CHAIRMAN KAUFMAN: Okay. And, let me say, if you don't have enough time based on what the county tells you, you can come back here and request more time. MR. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Okay. So we have a stipulation in front of us. Anybody like to make a motion? MR. ASHTON: Make a motion to accept the stipulation as written. MS. ELROD: Second. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: I have a little discussion on it. CHAIRMAN KAUFMAN: Okay. Give me -- MS. CURLEY: I mean, he's made it pretty clear that he wants to investigate the probability of keeping these structures, so we know that 60 days isn't going to assist him in that. So could we just extend that to 90 or -- CHAIRMAN KAUFMAN: No. The stipulation is written, and in order to change it you have to go back out to the hall and do all of that. Now, I said, if he -- if the 60 days is not sufficient, he has the ability to come back before the Board and request additional time. MS. CURLEY: Yeah, for $59 -- CHAIRMAN KAUFMAN: Or maybe the county could -- MS. CURLEY: It's going to cost him $59.56 to return here. So I was just trying to do him a favor and give him enough time to do what he needs to do, or then demo them. But 60 days, to me, just didn't seem like enough if he wanted to really go for the -- figure out why monuments on the way into your driveway and why a doghouse needs to be permitted. May 24, 2018 Page 37 CHAIRMAN KAUFMAN: Jeff, you're dying to say something. MR. LETOURNEAU: Well, I mean, they're not monuments. They're attachments. They're attachments to the fence. They're -- they're definitely structures per the Florida Building Code. I guarantee, looking at these pictures, he goes down in one day and they're going to tell him that they don't meet setbacks because they're right on the property line. So I'm not the official to make that determination, but I would stick my neck out and say they're going to tell him, the first site of those pictures, that they're going to have to move those things. MS. CURLEY: So, really, his only choice is to demolish them. MR. LETOURNEAU: Well, I think he could probably move them to another part of the property. CHAIRMAN KAUFMAN: Okay. Any other discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LEFEBVRE: See if he has any other questions. MS. NICOLA: Guys, the hearing's over. They've already ruled. We're done. CHAIRMAN KAUFMAN: Do you have any other questions for me? Go ahead. May 24, 2018 Page 38 MR. RODRIGUEZ: All I want to make sure, see -- MS. de la POZ: How many feet does he need? CHAIRMAN KAUFMAN: The Building Department will tell you. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Good luck. MS. CURLEY: Thank you. MS. de la POZ: Thank you. MR. BLANCO: Mr. Chairman, under Roman Numeral 9, reports, we have one case that the county would like to hear now so the respondent might leave a little bit earlier, if you don't mind. CHAIRMAN KAUFMAN: Okay. So you want to change the agenda? MR. BLANCO: No, no. It's on the agenda. We would just like to hear the case before we continue with the stipulations. CHAIRMAN KAUFMAN: I'm going to give a humor transplant. Yes, that's okay, Danny. No problem. MR. BLANCO: ***Okay. Next item on the agenda, it's Roman Numeral 9, reports, Number 9.1, Case No. CESD20160015129, Luis Flores Salceiro and Terra Trust, LLC. The Board requested the respondent to give a status report every three months. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I didn't hear an "I do." MS. de la POZ: Say I do. MR. SALCIERO: I do. CHAIRMAN KAUFMAN: Okay. I watch. MS. NICOLA: I'm worried about what's in the bag. People come into my office with a big bag like that and... MS. de la POZ: Papers. MS. NICOLA: In a big bag? May 24, 2018 Page 39 CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. SALCIERO: Luis Flores Salceiro. CHAIRMAN KAUFMAN: And if you're acting as translator, you have to be sworn and separately. (The interpreter was duly sworn to translate from English to Spanish and Spanish to English to the best of her ability and indicated in the affirmative.) (The speaker was duly sworn and indicated in the affirmative.) MS. de la POZ: It's not perfect. Good enough? I'm Jacqueline de la Poz (phonetic). CHAIRMAN KAUFMAN: It's perfect. The only one who would know that you're not translating it perfectly would be Danny, but he's not allowed to tell you, so... He didn't hear me either, obviously. MS. NICOLA: I don't think he was listening. MR. LETOURNEAU: I'm sorry. I'm looking at the case right here. What was the question? CHAIRMAN KAUFMAN: Never mind. We're past you already on that one. Okay. So you have a report for us to tell us what you've done in the last three months on the violation. THE INTERPRETER: Yes. MS. GIGUERE: Would the Board mind if I gave the report on his behalf? We spoke before the hearing. It might be a little bit easier. CHAIRMAN KAUFMAN: Absolutely. MS. GIGUERE: Good morning. For the record, Vicky Giguere, Collier County Code Enforcement. So this is in regards to some clearing on a property that was done without permits. Since the original hearing for this property, he has received a building permit for a residence. It was issued back in May 24, 2018 Page 40 March. It was originally applied for at the end of last year, and it was rejected because he was missing the required letter from DEP for exemption. He's since then submitted that. It was approved by DEP. They shifted the property over a little bit to avoid impacting the wetlands on the property, and so that permit has been issued. He is working on it. It is an owner/builder permit, so it's going to take him a little bit of time, but he is making progress. Since then, he's been in touch. I've seen the case. It was transferred over to me. So we're just monitoring at this point. He is aware that he has to reach out to an environmental consultant, and they're going to take a look at the property and decide if any restoration needs to be made. And if so, how much and what kind, and they'll submit that plan to the county for approval by environmental staff, and then he'll have to work on that aspect of it, or they could go out and say, since everything is shifted in your building, he might be okay. That's going to be up to them. So he understands as of this morning -- I explained it to him -- that that's the part that he has to focus on now, because the violation wasn't the building permit itself; it was the clearing on the property. CHAIRMAN KAUFMAN: And once you have a building permit, that takes care of the other situation. MS. GIGUERE: It allows you up to an acreage of clearage on the property, so it absolutely diminishes the amount of clearing that was done. It doesn't completely take it away, but it does help him. CHAIRMAN KAUFMAN: And when is he scheduled to come back with another progress report? MS. GIGUERE: I believe Danny said three months. MR. BLANCO: November. Actually, no, I'm sorry. That will be August. CHAIRMAN KAUFMAN: In August, okay. May 24, 2018 Page 41 MS. GIGUERE: And his compliance date is in January of 2019. CHAIRMAN KAUFMAN: Okay. Any questions of the respondent from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, I think we're done. Thank you. MS. GIGUERE: Thank you. CHAIRMAN KAUFMAN: Thank you. You don't have to say anything. MS. CURLEY: You're free to go. CHAIRMAN KAUFMAN: Say adis. MR. SALCIERO: Adis. CHAIRMAN KAUFMAN: That's my whole Spanish repertoire. MR. BLANCO: ***Next item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter B, stipulations, Case No. 1 from hearings, CELU20180005366, Julio Garcia. CHAIRMAN KAUFMAN: Number 1 under hearings. MS. CURLEY: Yeah, but it was transferred in, so it's a different number. CHAIRMAN KAUFMAN: But it's still No. 1 from hearings. It's the first item on Page 3 of the paper that you have. MS. CURLEY: Oh. I'm looking at the screen. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Record show that the respondent is not here. Not that they need to be, but okay. Do you want to read 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 May 24, 2018 Page 42 pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing, abate all violations by removing all unauthorized materials from the property or store items within a completely enclosed permitted structure within 21 days of this hearing, or a fine of $50 per day will be imposed until the violation's abated. The 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. 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. MR. LEFEBVRE: Make a motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? I have a question or two. Let me get to it. This was outside storage, a bunch of stuff. Shouldn't take them any time to do it. You're giving them 21 days in the stipulation. MR. MUSSE: Yeah. Mr. Garcia just recently got into an accident. He was burnt, and he hurt his knee, so he requested 21 days just to get additional time to make sure he doesn't get charged daily fines. CHAIRMAN KAUFMAN: Okay. So this runs out before our next meeting. Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. May 24, 2018 Page 43 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: (Absent for the vote.) MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. BLANCO: ***Next item on the agenda, it's No. 10 from hearings, Case No. CESD20170011238, Caryn Mary McGrath. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: You look familiar. MS. ANGIE McGRATH: Good morning, again. CHAIRMAN KAUFMAN: Good morning. The description of the violation is a mobile home that was removed between 2006 and 2007 without a demo permit, and a dock lift shed and power pole installed without getting a permit. So you have a stipulation on this that you can read into the record? MR. MUSSE: Correct. 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; abate all violations by obtaining a demolition permit, inspections, certificate of completion for the removal of the previous mobile home, and obtain all required inspections and certificate of completion for the tiny house, Permit No. PRBD20171254064, and for the boatlift, Permit No. PRBD20170830971, within 120 days of this hearing, or a fine of $100 May 24, 2018 Page 44 per day will be imposed until the violation's abated. Respondent must notify the 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. You heard that stipulation. You agree to it? MS. McGRATH: Um-hmm. CHAIRMAN KAUFMAN: Any problems making the date? MS. McGRATH: No. MS. ANGIE McGRATH: No. I have a question, though. CHAIRMAN KAUFMAN: Sure. MS. ANGIE McGRATH: Isn't there a time limit -- we bought the property a year and a half ago, and the demolition permit that was not pulled was in 1999. So we hired a title company when we brought the property. Since then there's been, like, two owners before. So -- I mean, so now we're responsible for it? Which we've agreed to. But there's not, like, a statute of time, like, okay this was, like, 1999? CHAIRMAN KAUFMAN: Let me tell you. Whoever owns the property today is the one that gets hit with it, and the reason -- MS. ANGIE McGRATH: Okay. CHAIRMAN KAUFMAN: -- for that is it's hard to go after somebody from five years ago or 30 years ago. MS. ANGIE McGRATH: Okay. CHAIRMAN KAUFMAN: And that's why the rule is written, and they have no recourse. You own the property now. And if that person over there failed to pull a permit way back when, you can't go May 24, 2018 Page 45 after that person. MS. ANGIE McGRATH: Because the title company should find that if you hired a tile company. CHAIRMAN KAUFMAN: You would think so or, I mean, their -- MS. ANGIE McGRATH: They said they couldn't find it anywhere in the records. CHAIRMAN KAUFMAN: That's why -- well, they should look at the microfiche, just a quick suggestion. MS. CURLEY: Also, this warranty deed where you purchased the property was executed by an attorney. You might want to reference -- go back to him. MS. ANGIE McGRATH: Okay. MS. CURLEY: You have to use the title company for your side of the transaction, but the seller warrantied the deed that they passed to you with this attorney, so you have another phone call to make. MS. ANGIE McGRATH: Okay. We're going to take care of it, but we just had that question. CHAIRMAN KAUFMAN: Go after the attorneys. MS. McGRATH: The 120 days, we are just waiting for the permit. It's already in and filed. Hopefully that doesn't take too much longer. MS. ANGIE McGRATH: We had to get an engineer. It took forever. MS. McGRATH: So we're just waiting on that. CHAIRMAN KAUFMAN: Okay. Well, if you have any problems meeting that date and you need more time or something, come back to the Board and we'll -- MS. ANGIE McGRATH: Okay. CHAIRMAN KAUFMAN: -- be more than glad to hear what you have to say. Okay. Thank you very much. May 24, 2018 Page 46 MS. ANGIE McGRATH: Thank you. MR. MUSSE: Thank you. MR. LETOURNEAU: I'm surprised you didn't have any questions about the tiny-house permit. MS. NICOLA: Well, that was going to be my question, because I read the violation. I didn't see any violation for the tiny house. So that's why I was questioning the stipulation a little. But if they're agreeing to it, a stipulation's stipulation. MR. LETOURNEAU: It's a shed -- I mean, it was a -- it is a shed at this point, or it was when we first started the case, I believe, and now it's being turned into a tiny house. MS. ANGIE McGRATH: Well, what happened -- MS. McGRATH: Correct, yes. MS. ANGIE McGRATH: Yes, you're right. But what happened was our lot's only 45 by 90, so the house that we originally had a permit pulled for -- which we had actually transferred from the property owner previous to us -- we were going to put there, but then, looking at the lot and the setbacks, it wouldn't fit. So we took -- and we're trying to permit our first tiny house in Collier County. So it's taken forever. CHAIRMAN KAUFMAN: It rained on the house; it shrunk. What do you -- MS. ANGIE McGRATH: We're almost there. MR. LETOURNEAU: First one in Collier County. MS. ANGIE McGRATH: First one. MS. NICOLA: Not even my dog would fit into a tiny house. MS. CURLEY: You guys better get along. MS. ANGIE McGRATH: Oh, yeah. CHAIRMAN KAUFMAN: Okay. Well, thank you very much. MS. ANGIE McGRATH: All right. Thank you. Thank you, Jonathan. May 24, 2018 Page 47 MR. MUSSE: Thank you. MR. BLANCO: ***Okay. Next item on the agenda is No. 5 from hearings, Case No. CESD20170017000, David Espinosa. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Just a prewarning, we'll take a break after this. MS. CURLEY: What number, please? CHAIRMAN KAUFMAN: This is No. 5 from hearings. It's the last one on the same page we were just on. MR. LEFEBVRE: Espinosa. MS. CURLEY: I got it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'm on the digital screen. CHAIRMAN KAUFMAN: Okay. This is the unpermitted structures on the property. Respondent is not present, but I'm sure you have a stipulation written that you would love to read into the record. MR. ASARO: Yes. CHAIRMAN KAUFMAN: Okay. MR. ASARO: For the record, Tony Asaro with the Collier County Code Enforcement Department. David Espinosa has agreed to enter into a stipulation agreement with Collier County Code Enforcement Department. It is agreed between the parties that the respondent shall pay the operational costs in the amount of $59.63 dollars incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all Collier County building permits for the unpermitted structures or demolition permit to remove the structures, request all related inspections, and obtain a certificate of completion/occupancy within 30 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. May 24, 2018 Page 48 Respondent must notify the Code Enforcement Department within 24 hours of abatement and -- of the violation and request the investigator perform an on-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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any discussion from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MR. ASHTON: Motion to accept the stipulation as written. MR. WHITE: Second. 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. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. L'ESPERANCE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tony. And we will take -- yes, going to take a 10-minute break. MR. L'ESPERANCE: If I may, I have a personal situation that I must attend to, so I must leave right now. May 24, 2018 Page 49 CHAIRMAN KAUFMAN: And your new hip can leave, and we have our other alternate to sit in for you for the remainder of this hearing. We're going to take 10 minutes. (A brief recess was had, and Mr. L'Esperance left the boardroom for the remainder of the meeting.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. MR. BLANCO: ***The next item on the agenda. It's No. 14 from hearings, Case No. CESD20170016916, Neysis Rodriguez. CHAIRMAN KAUFMAN: That's another stipulation. MR. BLANCO: Yes, sir. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I didn't see you raise your hand, Tony. MR. ASARO: I've already been sworn in. CHAIRMAN KAUFMAN: No, no, no. It wears off after one case. Okay. MR. ASARO: Oh, does it? Okay. CHAIRMAN KAUFMAN: It does. MR. ASARO: I gotcha. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. RODRIGUEZ: Neysis Rodriguez. CHAIRMAN KAUFMAN: Okay. And the gentleman? MR. GARCIA: I'm Pillar Garcia. I'm just helping her interpret. CHAIRMAN KAUFMAN: Okay. Great. Do you -- sworn in as an interpreter then. (The interpreter was duly sworn to translate from English to Spanish and Spanish to English to the best of his ability and indicated in the affirmative.) May 24, 2018 Page 50 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record, Tony? MR. ASARO: Yes. Thank you. For the record, Tony Asaro with the Collier County Code Enforcement Department. Neysis Rodriguez has agreed to enter into a stipulation agreement with the Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay the operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits for all unpermitted structures and pool or demolition permit to restore the property to its original permitted state, request all related inspections and certificate of completion/occupancy within 90 days of this hearing, or a fine of $250 per day will be imposed unless the violation is abated. Respondent must notify the Code Enforcement Department within 24 hours of abatement of the violation and request the investigator perform an on-site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I'm not the hearing case, but a quick question. There's a pool there? MR. ASARO: Yes. CHAIRMAN KAUFMAN: Is it fenced? MR. ASARO: Yes. CHAIRMAN KAUFMAN: Okay. That's -- MR. ASARO: It's secure. May 24, 2018 Page 51 CHAIRMAN KAUFMAN: It's the only -- okay. You've heard them read the stipulation into the record? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: In general it says you have unpermitted structures on the property, and the pool permit's expired. You'll be able to take care of that within three months? MS. RODRIGUEZ: Uh-huh. CHAIRMAN KAUFMAN: Or, as Gerald says, 90 days, or a fine of $250 a day. You agree to that? MS. RODRIGUEZ: Yes. But the problem is when I buy my home, I buy -- this problem never passed the CEO. Now I have the one impatience (sic). That surprise for me. I say, what? No. I buy my house con this pool in 2002 or '3. No exactly years. But I buy my house con this problem; I buy the problem. Now the process is -- okay, I work with Mr. Octavio with my plans, permit in my home. I think it's okay. CHAIRMAN KAUFMAN: Yeah. That's unfortunate that -- when people buy homes, that's very important that they find out if there are any additions or changes. Did you have a realtor help you buy this house? MS. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: They should have mentioned that -- MS. RODRIGUEZ: But now when I see my survey, everything, every papers, I say, oh, my God. I buy my house con this problem. That surprise for me. CHAIRMAN KAUFMAN: Unfortunately, you're right. Okay. Well, the next house you buy, be more careful. MS. RODRIGUEZ: Long time, honey. CHAIRMAN KAUFMAN: Okay. Any discussion from the Board? (No response.) May 24, 2018 Page 52 CHAIRMAN KAUFMAN: Any motions? MR. ASHTON: Motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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 very much. MR. ASARO: You're welcome. MS. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. GARCIA: Have a good day. MR. BLANCO: ***Next item on the agenda is No. 16 from hearings. Case No. CESD20170001107, Magaly Gonzalez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone? MS. GONZALEZ: Magaly Gonzalez. CHAIRMAN KAUFMAN: And this young lady? MS. DIAZ: I'm her daughter, Darian Diaz. CHAIRMAN KAUFMAN: Okay. MS. DIAZ: I'm just here to translate if she needs me to. CHAIRMAN KAUFMAN: If she needs you. Should we swear May 24, 2018 Page 53 you in as a translator? MS. DIAZ: Sure. CHAIRMAN KAUFMAN: Yeah, why not. (The interpreter was duly sworn to translate from English to Spanish and Spanish to English to the best of her ability and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Tony, you want to read the stipulation into the record. MR. ASARO: Yes. For the record, Tony Asaro with Collier County Code Enforcement. Magaly Gonzalez has agreed to enter into a stipulation agreement with Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay the operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits for interior alterations to the main structure or demolition permit to restore the original permitted structure to its original permitted state; request all related inspections and certificate of completion/occupancy within 120 days of this hearing, or fine of $250 per day will be imposed until the violation is abated. Also, cease and desist the use of the unpermitted dwelling areas and living space, and power off any unpermitted electricity from the circuit breaker within three days of this hearing, or a fine of $250 a day will be imposed until the violation is abated. Respondent must notify the Code Enforcement Department within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation and bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the May 24, 2018 Page 54 provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. The structure's safe? MR. ASARO: It is safe. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Yeah, it's a safe structure. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Is it occupied? MR. ASARO: It is occupied. CHAIRMAN KAUFMAN: Those areas that are -- MR. ASARO: Unpermitted. CHAIRMAN KAUFMAN: That are unpermitted are occupied. MR. ASARO: And they need to power off the electricity. CHAIRMAN KAUFMAN: And the respondents have agreed in their stipulation to vacate that area of the premise? MR. ASARO: Yes. MR. LEFEBVRE: Is it occupied by you, or is it occupied by other parties? MS. DIAZ: Other. CHAIRMAN KAUFMAN: Do you have it rented out to other people? MS. DIAZ: She does, yes. CHAIRMAN KAUFMAN: And those people are going to leave? MS. DIAZ: Yeah. Well, actually, it's a whole family. So we'll accommodate them, since we only have three days. We'll definitely get them somewhere. MS. CURLEY: Well, it's not three days. The violation was first observed January 24th. CHAIRMAN KAUFMAN: No, I understand. MS. CURLEY: So it's been a year and four months that you knew this. May 24, 2018 Page 55 MS. DIAZ: Actually, she was notified in August. I don't know the date of January, honestly. But the first time she was notified was in August. Then she went to the county, presented everything to Mr. Paul, and then the hurricane happened. So she got in contact with some guy named Alonzo. He's the one working on her permits and stuff, and everything's just got pushed back till February. Then February he said, well, I can't do this. You need to find somebody else, so now she's working with another person which just put in the permits. CHAIRMAN KAUFMAN: Okay. You have 120 days. That should be enough? MS. DIAZ: I would think so. She was told that the county's backed up about six weeks, so within that time, I hope -- CHAIRMAN KAUFMAN: Well, I mean, it's a heavy fine after 120 days. So if you can't get it done in the 120 days, I strongly suggest that you come back here and let us know what progress has been made and then at that time you can request more time. MS. DIAZ: Yeah. I honestly think she'll be able to pull it out. It's just things are done larger than they should have been. She just needs to put them small. The kitchen should be just a wet bar. Things -- I'm pretty sure she could do that in that time. If not, she'll come back. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? MR. ASHTON: Motion to accept stipulations as written. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. May 24, 2018 Page 56 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. MS. DIAZ: Thank you. MR. BLANCO: ***Next item on the agenda is No. 11 from hearings, Case No. CESD20180000309, Scherley Fonseca Vasquez and Maria Tania Toirac Arburola. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MS. ARBUROLA: My name is Maria Tania Toirac Arburola. CHAIRMAN KAUFMAN: Okay. I still remember you, Tony. MR. ASARO: Thank you. CHAIRMAN KAUFMAN: This is, I think, our last stipulation. MR. BLANCO: That's correct. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record, Tony. MR. ASARO: Yes. For the record, Tony Asaro with Collier County Code Enforcement. Scherley Fonseca Vazquez and Maria Tania Toirac Arburola have agreed to enter into a stipulation agreement with Collier County Code Enforcement. It is agreed between the parties that the respondent shall pay all operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits or demolition May 24, 2018 Page 57 permit for the unpermitted mobile home; request all required inspections and certificate of completion/occupancy within 90 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. Respondent must notify the Code Enforcement Department within 24 hours of abatement of the violation and request the investigator perform an on-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. Has she read this and understand it in Spanish, English? MR. GARCIA: Yes, she has. And the plans are being permitted. Probably by next week it will be in permitting. They're being drawn right now. It's not going to be a mobile home. It will be turned into a storage, so that's what she's doing. CHAIRMAN KAUFMAN: Okay. Questions? MR. LEFEBVRE: Is there a main structure on the property? MR. GARCIA: There's a house. MR. LEFEBVRE: There's a house already. Okay. Because, otherwise you probably -- MR. GARCIA: And it checked it out. It meets all the setbacks. I mean, it's way out there. MR. LEFEBVRE: And a mobile home is allowed on this site? MR. ASARO: Not a mobile home. But if they do convert it into a storage unit and it's permitted by the Building Department, then it will be allowed. MR. GARCIA: Tie it down and the whole thing, so... MS. CURLEY: Was it there when you bought it? I'm just May 24, 2018 Page 58 curious. Was it there? MR. GARCIA: No. MS. CURLEY: Okay. Thank you. CHAIRMAN KAUFMAN: We have a stipulation. You understand the stipulation and you agree to it? MS. ARBUROLA: Yes. CHAIRMAN KAUFMAN: We have a motion from the Board? MR. ASHTON: Motion to accept stipulation as written. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. MR. GARCIA: Thank you. MS. ARBUROLA: Thank you. MR. BLANCO: ***Next item on the agenda is Roman Numeral 5, public hearings/motions, Letter C, hearings, No. 8, Case No. CESD20170018508, AV Vision, LLC, MS. McGONAGLE: The stipulation has been withdrawn because he'd ask for a continuance. CHAIRMAN KAUFMAN: Okay. We're going to hear it as a -- we finished the stipulations. This is a hearing. (The speakers were duly sworn and indicated in the affirmative.) May 24, 2018 Page 59 CHAIRMAN KAUFMAN: Okay. This is the case that we denied that we're going to hear the case now. So since we're hearing the case now, the county will present their case, and then it's your turn. Okay? MS. McGONAGLE: Good morning. For the record, Investigator Michelle McGonagle, Collier County Code Enforcement. This is in reference to Case No. CESD20170018508 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations/additions commenced without obtaining required Collier County permits. Violation location: 4588 Parrot Avenue, Naples, Florida; Folio 32488080005. Service was given on November 29th, 2017. I would now like to present case evidence in the following exhibits: Six pictures taken by Investigator Colleen Davidson on November 28th, 2017. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Do you have any objection to those photos? MR. AZAVEDO: No. CHAIRMAN KAUFMAN: Okay. We get a motion from the Board? MR. LEFEBVRE: Motion to accept. MR. ASHTON: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. May 24, 2018 Page 60 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. McGONAGLE: On November 28th, 2017, Investigator Colleen Davidson met with the property owner, Vilson, who signed an entry-of-consent form and allowed her access to the interior of the home where she observed alterations, including plumbing and electrical, without any Collier County permits. He was advised that he would need to obtain permits for the alterations. On November 29th, 2017, a notice of violation was prepared and posted at the property and courthouse. On January 2nd, 2018, the property owner called Investigator Davidson stating that he had met with Renald Paul and needs to obtain more documents to apply for a permit and was granted additional time. On January 30th, 2018, there was no permit application, and the case was prepared for a hearing on February 6th, 2018, and scheduled for Code Enforcement Board on February 22nd, 2018. A continuance was requested on February 16th, 2018, and the case was withdrawn from the hearing. On April 4th, 2018, the property owner met with Renald Paul to discuss the submittal and was advised -- also advised his contractor would be submitting an application on April 15th, 2018. On May 7th, 2018, no permit -- there was no permit, and the case was scheduled for a Code Enforcement Board hearing on May 24th, 2018. On May 9th, 2018, the property owner was in Renald Paul's May 24, 2018 Page 61 office to submit plans and asked about the hearing notice. Because a case was open for so long without compliance efforts, he was advised to submit a request for continuance to Danny Blanco. On May 18th, 2018, a motion for continuance was received from the property owner. The violation remains as of May 24th, 2018. CHAIRMAN KAUFMAN: Okay. Now it's your turn. Tell us everything you need to tell us. MS. NICOLA: Can I ask a question in advance of that? One of the things the Code Enforcement official said at the beginning was that there had been a stipulation that was withdrawn, is that right, because of the motion for continuance? MR. BLANCO: No. There was no stipulation agreement. We just had the motion -- MS. NICOLA: Oh, okay. MR. BLANCO: -- and the Board denied the motion. MS. NICOLA: I just wanted to be sure of that because if there was a stipulation, obviously, I'd want to know why it was withdrawn. Okay. Never mind. MR. AZAVEDO: Okay. The reason why it's taken so long, as I mentioned before, due to the hurricane, we had that water intrusion, and I went there, and I just removed everything that I could. And then once we have done that, we decided to make few changes in the house, just to the interior of the house: Move some walls; we're redoing a bathroom; moving the kitchen around. And we've been working on it, and I've been going to the -- been in touch with Renald, and it's -- that's why I still didn't get the drawings done. We're just -- we're about to finish and would be able to submit application -- the permit application in a week or so. That's -- and then we need the time to complete the work. And I'm thinking I would like to request at least six months. May 24, 2018 Page 62 CHAIRMAN KAUFMAN: Don't request anything yet because we haven't found you in violation yet, okay? MR. AZAVEDO: Okay. CHAIRMAN KAUFMAN: It's probably a pretty good chance that that might happen, but if it doesn't, we just say "goodbye." I just was going to ask you the history. You purchased this property when? MR. AZAVEDO: That was in September. CHAIRMAN KAUFMAN: Of? MR. AZAVEDO: Of 2017. CHAIRMAN KAUFMAN: So you bought it right before the hurricane or right after? MR. AZAVEDO: Right after. CHAIRMAN KAUFMAN: Right after the hurricane. MR. AZAVEDO: After, yes. CHAIRMAN KAUFMAN: And you had extensive damage in the house? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: And you've been working to get that done? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: So at this point no permits have been pulled? MR. AZAVEDO: No permits have been pulled, and the house is exactly the same way as you saw on pictures -- on the pictures. CHAIRMAN KAUFMAN: Okay. MR. AZAVEDO: But nothing has been done because, of course, we haven't pulled any permits or anything. CHAIRMAN KAUFMAN: Did you demo -- take out all the bad stuff? MR. AZAVEDO: All the bad stuff is out, yes. CHAIRMAN KAUFMAN: Okay. Was there -- was that part of May 24, 2018 Page 63 this violation that no demo permit was pulled? MS. McGONAGLE: It was just alterations and additions commenced without obtaining required Collier County permits. CHAIRMAN KAUFMAN: Okay. So I won't even think about that. MR. LETOURNEAU: Well, I think that when he probably went in to get the permit, Mr. Paul told you you needed a demo permit before they'd issue you the building permit? MR. AZAVEDO: No, he didn't say that I need -- at least he could have said something, but I probably didn't -- if he said something, I did not understand I had to pull that kind of permit. If I would have known, I sure would have pulled a permit. MR. LETOURNEAU: Okay. Because normally that's what they do on that kind of work. MR. AZAVEDO: Yeah. If could have been. CHAIRMAN KAUFMAN: Okay. So I'm a little bit confused. If you haven't started the renovation, the electrical, the plumbing and whatever, do you need a permit for doing nothing? MR. LETOURNEAU: The Building Department's going to require them to get the structure back into a permitted condition. At this point it's not in a permitted condition. So, yeah, they'd still be required to get the building permit and follow through with everything. And they didn't pull the required demo permit, so now they're -- now they're in the rat race. CHAIRMAN KAUFMAN: If he had pulled the demo permit, we'd be just sitting here now waiting for him to do whatever he's going to do. MR. LETOURNEAU: If he pulled the demo permit, we wouldn't even probably be here at this point, right? Yeah. What happened was he would have pulled the demo permit, and then the Building Department would have said, you have to also apply for a building May 24, 2018 Page 64 permit so we're assured that you're going to bring the structure back up into a permitted condition. CHAIRMAN KAUFMAN: And once he pulled the permit, he'd have, to begin with, six minutes and then an inspection every so often. MR. LETOURNEAU: Yeah. He could have strung it out a long time, yeah. CHAIRMAN KAUFMAN: Okay. So you understand -- the Board understands what I was asking? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. So what I'd -- MR. LEFEBVRE: Make a motion that -- CHAIRMAN KAUFMAN: A violation -- MR. LEFEBVRE: -- a violation exists. CHAIRMAN KAUFMAN: Right. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: (No verbal response.) 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 now a violation exists, which you knew coming in, probably. So how do we resolve this situation? If you pull a permit, that May 24, 2018 Page 65 automatically gives you six months, and then you need to do an inspection every, is it, three months? Six months? MR. LETOURNEAU: Every six months. CHAIRMAN KAUFMAN: Every six months. And that gives you six more months. So they don't expect you to complete everything you do in six months. You could get, based on how you pull permits, a lot more time. You'll need a permit and an inspection on electrical and plumbing -- I don't know if they need one now on insulation -- but things of that nature. So any comments from the Board, or do you have any comments that you'd like to say at this time? MR. AZAVEDO: No, I don't have any. CHAIRMAN KAUFMAN: Okay. How long do you think it will take you to get a permit? I know you've been working with Renald Paul. MR. AZAVEDO: We are going to be able to submit the permits in about, max, two weeks. CHAIRMAN KAUFMAN: Okay. MR. AZAVEDO: We're finishing up the drawings, and then we'll be able to submit. CHAIRMAN KAUFMAN: So if we were to give you a month or two months -- MR. AZAVEDO: More than enough. CHAIRMAN KAUFMAN: More than enough time, and that would satisfy this violation; is that correct? MR. LEFEBVRE: Do you need a certificate of completion? MR. LETOURNEAU: Yeah. We're going to ask for a -- see, at this point we cited for alterations and additions commenced, so... CHAIRMAN KAUFMAN: He just needs to start it. MR. LETOURNEAU: Yeah. Well, we're going to ask for the whole thing to be taken care of and in a permitted condition. So he May 24, 2018 Page 66 needs to get the demo permit, that inspected, CO, and follow through with getting the house also in a permitted condition. CHAIRMAN KAUFMAN: Okay. And how long do you think -- you're going to pull the permit. Are you doing the work yourself? MR. AZAVEDO: Some of the work, yes. CHAIRMAN KAUFMAN: Okay. You have other people -- MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: -- other contractors? MR. AZAVEDO: Yes. CHAIRMAN KAUFMAN: How long do you think it will take to finish the whole job? MR. AZAVEDO: At least six months. CHAIRMAN KAUFMAN: Okay. Okay. So if we granted you six months to resolve this situation, that should be sufficient time? And if you needed more time after that, you could come back to the Board and request that. So -- MS. CURLEY: I have a suggestion. Maybe seven months, because then -- so he doesn't get caught up in the Thanksgiving/Christmas. CHAIRMAN KAUFMAN: Are you making a motion? MS. CURLEY: I'm just offering maybe you push it to the January meeting. MR. LEFEBVRE: I'll make a motion. CHAIRMAN KAUFMAN: Do you want to do it for seven months? MR. LEFEBVRE: You'll find out in my motion. I make a motion: Operational costs be paid in the amount of 59.63 within 30 days; I'll take Ms. Curley's advice with seven months, or a fine of $250 a day will be imposed. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? May 24, 2018 Page 67 MS. ELROD: Second. MR. ASHTON: 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. MS. CURLEY: 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 you should have no problem pulling the permit and getting everything done in seven months, and best of luck to you. MR. AZAVEDO: Thank you very much, and may God bless you all. CHAIRMAN KAUFMAN: Thank you. MS. NICOLA: Just a point of clarification on the record. It looks like our November meeting is the 16th, and if you did in the future have a six-month continuance, it would expire on November the 20th. And without a December meeting it would, in reality, be placed on the January, so... MR. LEFEBVRE: That's fine. MS. NICOLA: I just noticed that. I just thought I'd let you guys know just so -- distinction without a difference for today. CHAIRMAN KAUFMAN: Hopefully this will be done, and he wouldn't have to come back anyhow. May 24, 2018 Page 68 MS. CURLEY: It's impossible to get work done between Thanksgiving and Christmas in this town. CHAIRMAN KAUFMAN: Especially -- you can get work done, especially if you're the one that's doing it. MS. NICOLA: Are you volunteering, Bob? CHAIRMAN KAUFMAN: Absolutely. MS. NICOLA: Of course. MS. CURLEY: I said normally you can't. CHAIRMAN KAUFMAN: You can't say "normal" and "Bob" in the same sentence. Danny, you're up. MR. BLANCO: ***Okay. Next item on the agenda, it's Roman Numeral 6, old business, Letter A, motion for imposition of fines and liens, No. 2, Case No. CELU20150022309, Highland Properties of Lee and Collier. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Ordinarily we would go to the county to read this in. We have the respondent here. You want to read it in first, Joe, and then we'll listen to the respondent's request. MR. MUCHA: Sure. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Location -- the folio is 00407320008. Description of the violation was commercial vehicles, trailers, and dumpsters, numerous piles of vegetative debris and miscellaneous piles of litter containing, but not limited to, wood, pipes, metal, concrete May 24, 2018 Page 69 blocks, et cetera, on vacant parcel. Past orders: On October 27th, 2017, the Code Enforcement Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR5446, Page 3535, for more information. Violation has been abated as of May 22nd, 2018. Fines and cost to date are as follows: Fines have accrued of $100 per day for the period from January 26th, 2018, to May 22nd, 2018, 117 days, for a total fine amount of $11,700. Previously assessed operational costs of $65.82 have been paid. Operational costs for today's hearing, $59.42. Total fine amount is $11,759.42. CHAIRMAN KAUFMAN: I just have a little computer glitch. Okay, thank you. MR. LEFEBVRE: Where is this property located? MR. MUCHA: I believe it's Santa Barbara and Davis. MR. CADENHEAD: Santa Barbara and Davis Boulevard. MR. LEFEBVRE: Southeast corner. MR. MUCHA: Yes, sir. MS. CURLEY: What's your relationship to the property? MR. CADENHEAD: The description of the report? MS. CURLEY: What is your relationship? MR. CADENHEAD: I'm an agent for Highlands of Lee and Collier. THE COURT REPORTER: What is your name? MR. CADENHEAD: Robert Cadenhead. CHAIRMAN KAUFMAN: Joe, when was this -- so the operational costs have been paid? MR. MUCHA: The operational costs have been paid. CHAIRMAN KAUFMAN: Okay. When was this -- May 24, 2018 Page 70 MS. CURLEY: January. CHAIRMAN KAUFMAN: No. When was it abated? On May 22nd? MR. MUCHA: May 22nd, yes, sir. MR. BLANCO: Mr. Chairman, the Board should have revised the executive summary of the compliance, yes. CHAIRMAN KAUFMAN: Yeah. MR. MUCHA: Basically, he was waiting to get the green light to burn. There was two very large piles of vegetative debris and, finally, the rains coming that we had kind of gave him the green light to go ahead and burn those piles. And once that was done, that brought it into compliance. CHAIRMAN KAUFMAN: Okay. Mr. Cadenhead? MR. CADENHEAD: Yes, sir. CHAIRMAN KAUFMAN: Could you -- you're before us to request something, I'm sure. MR. CADENHEAD: Yeah -- no. I'm here to abate any fines. In other words, we was under the mercy of the Forestry Department and -- to give us a burning permit. We received the first burning permit that was issued in Collier County for the year 2'18. The piles have been burned and cleaned up. Everything else was done before that. But we was at the mercy to receive a burning permit. And with all the other fires and everything else, until we got the first rain, that was when the Forestry Department opened up burning. CHAIRMAN KAUFMAN: Could I ask about the commercial vehicles, the trailers, the dumpsters? MR. CADENHEAD: All that was removed before. MS. CURLEY: Was that moved before the stipulation expired? MR. CADENHEAD: In the period of time the stipulation -- the only thing we was waiting on to finalize the thing was to be able to May 24, 2018 Page 71 burn the piles. MR. LEFEBVRE: Could you have removed it with -- put it in dumpsters and removed it? MR. CADENHEAD: No. In other words -- we've been on this piece of property removing exotics ever since 2'04, and the exotics has been accumulating into the burn piles. And every time, the chance to burn, it would either be the storm, something else would come up, and we compiled everything, get it all ready to burn, and we just simply was waiting on the Forestry Department to give the burning permit. CHAIRMAN KAUFMAN: How big is this piece of property? MR. MUCHA: It's pretty substantial. MR. LEFEBVRE: Eighty-six or so acres in totality. MR. CADENHEAD: It's 82 acres altogether. The front piece is basically 14 acres, is where the burning pile was. CHAIRMAN KAUFMAN: I'm going a little off base now, but I was going to ask are there any activities that are going on now that would cause another violation going forward, or is this the end? MR. CADENHEAD: We're permitting with the county. In other words, we're setting up a new enforcement to put in a retail nursery on the corner. We already had our pre-application with the county. All the other stuff that they required is ready to turn into the county now to give Jeff a summary of when that would be turned in. So there will be a retail nursery with activity going on there in the future. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: As far as your question, we did have one more case where there was some clearing in the back, but once the nursery gets approved, that will take care of that issue right there. I do believe Mr. Cadenhead -- I don't know why everything was on the stip. I think everything was taken care of but the piles of vegetation when we brought this to the Code Enforcement Board the first time, and then he got rid of the vegetation piles, and at that point May 24, 2018 Page 72 he was in compliance. CHAIRMAN KAUFMAN: So do you have any thoughts on this case? MR. LETOURNEAU: He worked and he did it; he got it done. Yeah, I mean, he was at the mercy of the weather this last six months, though, like he said. MR. LEFEBVRE: How long has the piles been accumulating? Since 2004? MR. CADENHEAD: No. The piles -- the removal of the exotics has been going on on that piece of property since that period of time, and the piles -- the piles that are there now are only from the last year, basically. So there's been activity going on, permitted activity going on out there with permitted exotic removal. MR. LETOURNEAU: He had a vegetation removal permit active. MR. LEFEBVRE: But what I'm trying to get at is the pile that was burned within the past few weeks has not been sitting there for 13, 14 years. MR. LETOURNEAU: No. MR. CADENHEAD: No. MR. LEFEBVRE: It's been burned on a regular basis. MR. CADENHEAD: It's been taken care of back and forth, yes, sir. But this time -- in other words, it was basically -- with the fires in the Everglades, with the fires that we've had -- MR. LEFEBVRE: No, no. I understand. MR. CADENHEAD: In other words, nobody was issuing a burn permit until we received the first one for the 2'18. And once we got it, the piles were burnt, and we got our clearance on it. MR. LEFEBVRE: In lieu that this case was brought in front of us in October, which was right at the start of the dry season, and being that we had a very, very dry season, and it sounds like -- that the May 24, 2018 Page 73 respondent has done everything except for taking care of the debris which was -- he really couldn't do much about it, I think we should deny the county's request for the fine. CHAIRMAN KAUFMAN: Is that your motion? MR. LEFEBVRE: Yes, it is. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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 no fine. MR. CADENHEAD: Thank you. MR. BLANCO: ***Next item on the agenda is No. 6, Case No. CEROW20150023030, Patrick J. Browne and Beatriz Perez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: The good old culvert pipes in Willoughby Acres. Okay. Joe, you want to read this into the record? MR. MUCHA: Yes, sir. For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Code of Laws and Ordinances Chapter 110, Road and Bridges, Article II, May 24, 2018 Page 74 Construction in the Right-of-Way, Division 1, Generally, Section 110-31(a). Violation location was 203 Willoughby Drive, Naples; Folio No. is 00164960002. Description of the violation is a culvert drainage pipe in need of repair or replacement. Past orders: On May 26th, 2016, the Code Enforcement Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the board, OR5278, Page 2542, for more information. The violation has been abated as of February 26th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from September 24th, 2016, to February 26th, 2018, 521 days, for a total fine amount of $78,150. Previously assessed operational costs of $65.01 have been paid. Operational costs for today's hearing, $59.42. Total fine amount, $78,209.42. CHAIRMAN KAUFMAN: Okay. Any questions of the county? MR. ASHTON: Yeah, I have a question. How come it took so long? I mean, 521 days? That's a long time for -- MS. CURLEY: I remember this. MR. LEFEBVRE: I do remember. MS. CURLEY: We had a lot of Willoughby Acres in that whole section of town where the culverts were collapsing, and so then a lot of the guys got together with the county, because it was like 10- or 15- or 18- or $20,000 to -- MR. BROWNE: Correct. MS. CURLEY: -- fix a driveway. And it was a huge expense. We've heard about five cases like this. May 24, 2018 Page 75 CHAIRMAN KAUFMAN: Why don't we hear from the respondent first, and then we'll go for questions. MR. BROWNE: Patrick Browne. MS. PEREZ: Hi. I'm Beatriz Perez. And she is correct, it did take a lot of people in the neighborhood to do the work. And Pat decided to -- you know, because of budget constraints, to do it on his own, and he did. And we apologize for the fact that it took so long, but it was -- it's a new -- it was a new process for him. He's a firefighter. He doesn't do culvert pipes. And, like, we're going through a divorce, and when I received this last statement, I asked -- I had called Patrick Baldwin, who had worked with us, who's no longer here, and he had said Pat did all the work but had let the permit expire. So I said, well, can you talk to Pat? Because I'm not talking to him. Can you call him and tell him to get the permit up to -- you know, do the final thing. And could you call me back and let me know if it's -- if that's true, because I was going to be -- you know, I'll be staying in the house. And so he did. And he called me back and said, yes, Pat took care of it. So when another one came, I was like, is this a new problem or the same problem? And that's when I spoke with Danny Blanco, and he said that it's about the fines, which totally freaked me out, and we're just hoping to have the fines waived. MR. LEFEBVRE: I specifically remember when you came in front of us, and you said, I'm a firefighter. Rainy season's coming. And we can't -- I can't get to it. And my comment back then was, well, that's why we need to get this fixed. And with the hurricane and rain that came before the hurricane -- I live in Willoughby Acres. I had some flooding in front of my house and so forth. So it is of paramount importance to have those drainage culverts fixed and fixed in a timely manner. May 24, 2018 Page 76 MR. BROWNE: Correct. MR. LEFEBVRE: And it could be a detriment to your neighbor's house or neighbors around you. So I feel that there should be some kind of fine imposed for the length of time that it took. MR. BROWNE: Sir, initially, the first time when I came in and asked for an extension, I was granted that. The work was completed. There was, not red flags, but it wasn't up to the codes. So trying to find through the Collier County permitting process, which I found very tough -- I've been there at the Horseshoe Drive numerous, numerous times figuring out why. Again, I don't do culvert work. I took an owner/builder permit to save probably 10-, $15,000 from having a contractor do it myself. So, again, the work -- Patrick was our inspector. Joe said everything was completed. MR. LEFEBVRE: When was it completed? MR. BROWNE: The final was February 24th, I believe. MS. PEREZ: But the work was done before the hurricane. MR. BROWNE: Way, way done; way before. MR. LEFEBVRE: When was the work substantially completed minus issues that had to be -- MR. BROWNE: A year and a half ago at least. MR. MUCHA: From what I -- when I got involved in this case, it seemed like the permit -- he had gotten the permit, probably did the work, but he never called in the inspection; the permit expired. And then as soon as we called you, you went and took care of it, like, within a -- it was, like, within a day. It was a pretty quick turnaround. He got it inspected, and it was done. So I think maybe you just didn't realize you had to call in that final inspection. MR. BROWNE: Correct. May 24, 2018 Page 77 MR. MUCHA: So it seems like maybe the work was done. MR. LEFEBVRE: Way before. MR. MUCHA: Way before, yeah. MR. LEFEBVRE: But we heard the case -- MS. CURLEY: We've heard a couple cases. MR. BROWNE: Last year, with the hurricane and rainy season, it was never -- like you said, for the neighbors, we've been great neighbors. Twenty-five years we've been in that home in Willoughby. We've never had an incident. So, again, it drained accordingly. Everything was done per code. MR. LEFEBVRE: Because of -- past orders. I'm just trying to see. Hearing date was May -- oh, no. Sorry. I'm just trying to figure out when we actually heard the case, because it looks like there's a stipulated agreement. MR. ASHTON: May 26th. CHAIRMAN KAUFMAN: May 27th I signed the order. MR. ASHTON: May 26th, 2016. MR. LEFEBVRE: 2016. Oh, okay. A couple years ago. CHAIRMAN KAUFMAN: 5/26/16. MR. LEFEBVRE: Then you signed a stipulated agreement on the 3rd of December 2015. MS. CURLEY: So it's like he's stuck in code violation probation. MR. LEFEBVRE: Well, he signed a stipulated agreement, but -- in December 2015 he signed it, but it wasn't voted on until May of the following year. That seems like a long time to have a stipulated agreement outstanding. Usually they're much closer to a hearing. So that's kind of what's throwing me. MR. BROWNE: I think this got caught up in a black hole somewhere in codes, as far as I know. MR. BLANCO: Mr. Lefebvre, the stipulation agreement I have here in my records, the respondent signed it on May 26th of 2016. May 24, 2018 Page 78 MR. LEFEBVRE: I have one right here in the package that says -- oh, he signed it on the 26th but on the very top it's dated December 3rd; December 3rd, 2015. MR. MUCHA: That was the notice of violation. MR. LEFEBVRE: Oh, okay. Okay. Okay. Oh, I'm sorry. MR. ASHTON: Notice, May 26th. MS. CURLEY: I'll take a shot at a -- CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: To save you, Gerald. MR. LEFEBVRE: There's no saving here. Go ahead. MS. CURLEY: I'll make a motion to deny the county's $78,150 fine. CHAIRMAN KAUFMAN: We have a motion to deny the county's request for the imposition of the fine. Is that the entire amount? MS. CURLEY: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll second the motion. CHAIRMAN KAUFMAN: And we have a second. So it's $78,150. Okay. We have a motion and a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor. MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Nay. MR. ASHTON: Opposed. May 24, 2018 Page 79 CHAIRMAN KAUFMAN: We have two opposed, so it carries 5-2. Okay? Okay. Thank you. MR. BROWNE: Thank you. MS. PEREZ: Thank you. God bless you. MR. BLANCO: ***Next item on the agenda is No. 4, Case No. CESD20170002774, N-A Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: We're technically challenged over here. Want to come visit? Hold on. We have Danny to the rescue. MS. CURLEY: 6A4. CHAIRMAN KAUFMAN: Got it. Okay. You probably want to read this into the record. Everyone's been sworn? Okay. This is -- according to what I have, unless it's been updated -- has been partially -- MS. PULSE: Yes. CHAIRMAN KAUFMAN: That was in November, okay. Why don't you read the -- read this into the record. MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. The owner does have a request. CHAIRMAN KAUFMAN: I think you need to read it into the record before the request. MS. PULSE: Okay. This is dealing with Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), (e), and (i). Location: 5630 Copper Leaf Lane, Naples, Florida; Folio 38169440007. The description is in-ground swimming pool on the property with no barrier and no permits obtained. May 24, 2018 Page 80 Past order: On November 17th, 2017, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the board, OR5456, Page 1396, for more information. Violation has been partially abated as of November 21st, 2017. Fines and costs to date are as follows: Part B of the order, fines have accrued at the rate of $100 per day for the period from January 2nd, 2017, to May 24th, 2018, that's 142 days, for a total fine amount of $14,200. Part C of the order, no fines accrued. Fines continue to accrue on Part B of the order. Previously assessed operational costs of $59.49 have been paid. Operational costs for today's hearing are $59.35. Total amount: $14,259.35. CHAIRMAN KAUFMAN: I believe this was a pool without a fence, required a temporary fence and then a permanent fence within 60 days, from memory. MS. PULSE: Yes. And the pool has no permit as well. CHAIRMAN KAUFMAN: And the pool has no permit. And the pool still has no permit. MS. PULSE: Correct. CHAIRMAN KAUFMAN: Sir. MR. SEPANSKI: Basically, I was up here a month ago with another violation, well -- and I told you at that time I paid people to take care of the situation, and apparently they didn't. The fence was put up on time and complete -- well, the fence was completely put up on time. It just was not -- the permanent was put in, and he never picked up the permit and called in an inspection. CHAIRMAN KAUFMAN: This was the temporary. MR. SEPANSKI: No, no. Well, the temporary was put up right May 24, 2018 Page 81 away that weekend. We had the weekend. That was put up right away. And the permanent fence was put up within -- you know, right after that within the time frame. It just was not, apparently -- I don't know how the situation works, but he didn't call in the permit to be inspected, so that has been done. Like I told Dee, we were here last month. I talked to Dee, and I've -- as far as that -- the permitting goes, I didn't know how that went. So now it's scheduled to be inspected on June 1st or 2nd, I think. So that part of it should be finished and completed. As far as the pool goes, the pool's been there 25 years. I even -- before we came to the hearing, I hired -- an architect/engineer was supposed to take care of it. I paid him even before the last hearing when you gave me 60 days to complete it; paid the gentleman. When it was getting down to the 60-day window, I called up the person I hired. I said, you have two more weeks. This needs to be done. He said, I've already got it done. I'm bringing it to the county the next day. Okay. Never heard back from him. I assumed it was done. Never heard back from Dee until a month ago when we discussed it, and she said that other stuff wasn't taken care of either. So after we -- I finally tracked this gentleman down, he turned in paperwork to the county. The county told him he needed to jump through 80,000 more hoops and, basically, he said, I'm not going to do it. So we met with Renald yesterday, who seems to be the only one that can accomplish a task like that, and he gave us a list of things that need to be done, and we'll be done in two to three weeks with that part of it. CHAIRMAN KAUFMAN: Is this the -- did you own the property? You said the pool's been there for how many years? MR. SEPANSKI: The pool's been there for 20, 25 years. May 24, 2018 Page 82 CHAIRMAN KAUFMAN: Have you owned the property -- MR. SEPANSKI: I've only owned it for, like, eight. CHAIRMAN KAUFMAN: Okay. I'm looking to the county. If everything is going to be done in -- within the month, is this a case you may want to consider pulling and bringing back next month? MR. LETOURNEAU: We'll withdraw the case until next month. CHAIRMAN KAUFMAN: Perfect. MR. SEPANSKI: We'll have it completed by then because I will -- like I said, I made the mistake of paying somebody to do a job, and I assumed they did it. That was my mistake. I will have it done. CHAIRMAN KAUFMAN: We'll see you next month. MR. SEPANSKI: Okay. Thank you. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Thanks, Dee. MR. SEPANSKI: We're always last. I don't know if it's against Dee or me but, you know -- MS. NICOLA: It goes alphabetically. You have to change your name. No, I'm totally kidding. MR. SEPANSKI: Thank you. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: ***Next item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter C, hearings, No. 2, Case No. CESD20170018189, Maylet Marquez. (The speaker was duly sworn and indicated in the affirmative.) MR. LEFEBVRE: Two more cases; this one and one other one. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: This is SC what? MR. BLANCO: 20170018189. MR. LEFEBVRE: 5C2. MS. CURLEY: 5C2. CHAIRMAN KAUFMAN: I'll complain about this till the cows May 24, 2018 Page 83 come home. The way these cases are listed in the margin is very difficult to stick out. First of all, it's not bold. I know nobody can change it to bold. MR. BLANCO: Yeah. We've had several discussions with our IT department, and that's something that we can't change. CHAIRMAN KAUFMAN: Or if you can't make it bold, make it bigger. You get a bunch of old people up here, and a young lady; I didn't consider you. You're not old. Oh, you have your spectacles on. Okay. Okay, Tony. You're up. MR. ASARO: For the record, Tony Asaro with the Collier County Code Enforcement Department. This is in reference to Case No. CESD20170018189 dealing with the violation of the Collier County Land Development Code, Ordinance 04-41, as amended, Section 10 zero (sic) point 02.06(B)(1)(a), 10.02.06.(1)(e), and 10.02.06(B)(1)(e)(i). Property is located at 3665 14th Avenue Southeast, Naples, Florida, 34117. Folio number is 41044280007. Service was given on December 28th, 2017. I would like to present case evidence: Two photos dated November 27th, 2017, taken by myself and an aerial photo of the property. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Motion to accept. MR. ASHTON: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. May 24, 2018 Page 84 MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ASHTON: On 2017 -- November 27, 2017, I observed an addition to the main structure, a shed, and the construction of a concrete wall without obtaining a Collier County -- without obtaining Collier County building permits. On December 8th, 2017, Permit No. PRBD20171148206 was issued for a 6-foot chain link fence and a masonry wall. Inspections have commenced; however, the room addition and the shed remain in violation with no permits. CHAIRMAN KAUFMAN: Can you go back to that previous photo, Danny. Tony, you want to point to us what we're looking at here. No, no. Point on the -- MR. ASARO: I'm sorry. Excuse me. That's the home, and this is the wall/fence, 6-foot fence. They do have a permit for that now. CHAIRMAN KAUFMAN: The structure to the left, does that have anything to do with this case? MR. ASARO: No. That's a brand new -- no, that has nothing to do with it. It was just the way I took the photo. I was trying to get all the columns in the photo. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So the violation for the concrete wall, since they pulled a permit, is that nonexistent now? MR. ASARO: Well, it hasn't been finalled yet, so it could technically be a violation. The inspections have commenced, so they're very close. MR. LETOURNEAU: The notice was issued before the permit May 24, 2018 Page 85 was issued and then on our notice we probably told them they needed to get their inspections and completion for the fence, so... (Multiple speakers speaking.) CHAIRMAN KAUFMAN: Why don't you pull it for now, and if it's gone, it's gone for next month, or it's back. MR. LETOURNEAU: Well, we still have to deal with the -- MR. ASHTON: The shed and the -- MR. LETOURNEAU: -- shed and the -- MR. ASHTON: -- room addition. MR. LETOURNEAU: -- and the addition. CHAIRMAN KAUFMAN: That portion of it. Okay. MR. LEFEBVRE: Have you been in touch with the owner? MR. AZAVEDO: I've had several conversations with her, phone calls to finalize the permits for the room addition and the shed. She said she's working on it, but it still has not been finalized. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion if a violation exists or not? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion -- MS. CURLEY: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: -- and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. May 24, 2018 Page 86 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Anybody want to -- that's your suggestion, Tony? Anybody want to fill in the blanks? MS. CURLEY: Do we know if there's people living in the extra room? MR. ASARO: It's actually like a Florida room addition. There are people living in the entire house. MS. CURLEY: Okay. MR. LEFEBVRE: It almost seems to me that the wall should be pulled out as a separate item, because it sounds like that's going to be permitted in a relatively short period of time. MR. ASHTON: Yeah. They have a permit for that. MR. LETOURNEAU: Yeah. We have no problem with that, if you want to take the wall out of there. MR. LEFEBVRE: I mean pulled out and make, like, a separate line item. MR. LETOURNEAU: Oh, okay. MR. LEFEBVRE: Because it sounds like that's going to be completed sooner than -- MR. LETOURNEAU: True. CHAIRMAN KAUFMAN: Okay. Anybody want to try filling in the blanks? MS. CURLEY: No. CHAIRMAN KAUFMAN: No? MS. NICOLA: I'm just trying to figure out how we would write it up as a separate line item. I mean, if this is going to be one completed project, for me trying to put together this order, it would make more sense for me to have it all be one -- you know, one main May 24, 2018 Page 87 provision like Paragraph 1. Because if part of it's going to be done, it doesn't really matter. MR. LETOURNEAU: It's always more convenient for us, too, so we don't have to do numerous inspections. MS. NICOLA: Right. MR. LETOURNEAU: Plus, you know, if you just go the longest length that you think something's going to take, everything else should be done in that period of time. CHAIRMAN KAUFMAN: And if it doesn't get done, it will come back as partially abated. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: Like the previous case. MR. LEFEBVRE: Well, the previous case was spelled out. It was separate -- two separate paragraphs. MS. NICOLA: That was a little bit different. That had to do with a pool, too. I mean, this is -- I don't know. MR. LEFEBVRE: It's two separate items. MS. NICOLA: It is but, I mean, this is one general big project that apparently they've got partly permitted, and it looks like it's going to be done, and the rest of it's going take a little more time, but it's still part of one big project, if I understand correctly; is that right? MR. ASARO: It's part of one big project. MR. LEFEBVRE: It is, but two separate permits. They already -- they already submitted for a concrete wall, but the permit for the addition hasn't been submitted yet. MR. LETOURNEAU: And there's also a shed, so it's going to be a total of three permits. MS. NICOLA: I'll leave it up to you guys. I'm just -- I just think we're complicating things a little big. And then we end up coming back here on lots and lots of things. MR. LETOURNEAU: The county always prefers one length. May 24, 2018 Page 88 MS. CURLEY: Is the concrete wall also the fence? MR. ASARO: Pardon me? MS. CURLEY: Is -- the concrete wall that you're referencing in Item No. 1, is that also what you're calling a fence? MR. ASARO: No. That picture doesn't show the fencing to be installed. MR. LEFEBVRE: But the fencing isn't going to be incorporated into the wall there that they're building? MR. ASARO: To be honest with you, I don't know. I mean -- because when I looked up the permit, I didn't realize that they were going to put a 6-foot fence added to that, but there's a permit for it. MR. LETOURNEAU: Let me see if I can -- CHAIRMAN KAUFMAN: Let me try something. The operational costs are, what, 59 what? MR. BLANCO: That will be $59.70. CHAIRMAN KAUFMAN: Seventy cents, okay. So we need to know how long it's going to take to fix, and if they don't fix it in that time frame, how much the fine is going to be. I think -- anybody want to take a shot at how many days it should take him to do this? Do we want to ask Jeff what he thinks the amount of time that should be required to finish what they're doing? MR. LETOURNEAU: Well, I mean, that addition's going to be the hard part, obviously. I don't know if the shed meets setbacks. I would say for all three items six months would be a, you know, reasonable amount of time. MR. LEFEBVRE: I was right about there. So pay the operational costs in the amount of 59.70 within 30 days and receive a certificate of completion/occupancy within 180 days, or a fine of $200 a day. CHAIRMAN KAUFMAN: Okay. Any second? MR. WHITE: Second. May 24, 2018 Page 89 CHAIRMAN KAUFMAN: And we have a second. Any discussion on that motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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, Tony. MS. NICOLA: I have a point of clarification on this. We also have Part 2, which is the cease and desist portion. Are you guys going to discuss that as well? Because the cease and desist is -- if I'm understanding correctly, would apply to that Florida room, so he'd have to cut off power to the Florida room. And how do you stop people from -- that live in a house from going into their Florida room even without power? MR. LEFEBVRE: I missed that whole part. Within seven days or a $200 fine for Part 2. CHAIRMAN KAUFMAN: If they remove the furniture from there, I would consider that complying. MS. NICOLA: So they sit on the floor without their furniture? CHAIRMAN KAUFMAN: I mean, if they want to go out there and sit on the floor -- MS. NICOLA: They're in their bathing suits on the floor without their furniture? I don't know. It just seems a little odd to me. If you're May 24, 2018 Page 90 occupying the whole house and we're going to cut off the -- I don't know. You guys are the enforcers of this, but I'm just thinking practically. MR. WHITE: How would you guys typically enforce something like that? MR. LETOURNEAU: Honestly, it would be hard for us to -- CHAIRMAN KAUFMAN: It wouldn't be. You wouldn't do it. MR. LETOURNEAU: It would be hard for us to enforce that part of the order. Have you spoken to these people, Tony? MR. ASARO: Yeah. I've spoken to the property owner. MR. LETOURNEAU: And when was the last time that you talked to them? MR. ASARO: It was about -- I think about two weeks ago. MR. LETOURNEAU: Did you mention this part to them? MR. ASARO: I don't believe we discussed that part. I thought she was going to show up to the hearing. MR. LETOURNEAU: Okay. All right. MR. ASARO: Because she said she was going to be here. MS. CURLEY: Does she live there? MR. ASARO: Yes. MR. LETOURNEAU: I think that just taking out the use would be fine, and getting rid of the electric at this point would be sufficient, if it's okay with the Board. So, like, turn the electric off, because that's the safety issue, and -- within seven days of the hearing. Whatever Gerald recommended. MR. LEFEBVRE: Seven days or a $200 fine, but it's going to be hard to police. I mean -- MR. LETOURNEAU: It is. I mean, we can go out there at Day 8, and it could be off, and we're not going to be, you know, monitoring it daily to see if they've got the electricity off. May 24, 2018 Page 91 CHAIRMAN KAUFMAN: We have these all the time where they convert a garage. How are you supposed to see if someone's sleeping in there at night? MR. LETOURNEAU: Right. I think we started doing this when Mr. Lavinski started questioning stuff, and then we just got used to adding it on there. I don't know if you guys want to keep -- continuing doing that. MS. CURLEY: No, I like it, because you list, like, the circuit breaker. I mean, because, like, some people would think they would have to go and have an electrician remove all the wires and stuff when that's not the case. I mean, you can only do so much. MR. LETOURNEAU: We hope it's just a circuit breaker. We hope it was put in correctly, yes. CHAIRMAN KAUFMAN: Yeah, with a separate circuit. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: Okay. There's no bathroom that's involved in this? MS. NICOLA: I haven't ever seen a Florida room with a bathroom, but maybe -- CHAIRMAN KAUFMAN: Well, no; in the addition. MS. CURLEY: Hey, convenience. MS. NICOLA: I don't know. CHAIRMAN KAUFMAN: Yeah, you can't flush. MR. LETOURNEAU: Have you been in the structure? MR. ASARO: I haven't been on the inside. MS. NICOLA: You can go to your Florida room, but you have to sit in the dark, and you're not allowed to use the restroom. We'll put that in the order for today. Sorry, people. MR. LEFEBVRE: I amended my motion, so the second will have to. MS. CURLEY: Yeah. May 24, 2018 Page 92 CHAIRMAN KAUFMAN: Okay. His order was amended, okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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. And the last case for the day? MR. BLANCO: Mr. Chairman, just for clarification. So Line 2, it's just seven days to turn off the electricity, correct? CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: And the fine? MR. ASHTON: 200. CHAIRMAN KAUFMAN: $200 a day is the fine; 180 days. MR. BLANCO: ***Next item on the agenda is No. 7, Case No. CESD20170020080, LSF9 MSTR Participation Trust. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: That's master. That's an abbreviation for master. This goes back to December. Alteration work on the interior of a main structure. Okay, Tony. You're up. MR. ASARO: Thank you. For the record, Tony Asaro with the Collier County Code Enforcement Department. This is in reference to Case No. CESD20170020080 dealing with a violation of the Collier County Land Development Code, Ordinance May 24, 2018 Page 93 04-41, as amended, Section 10 zero (sic) point 02.06(B)(1)(a), 10.02.06(1)(E) (sic), and 10.02.06(B)(1)(e)(i). The property is located at 4070 29th Avenue Northeast, Naples, Florida, 34120. Folio No. is 4006460000 (sic). Service was given on January 19th, 2018. I would like to present case evidence: Nine photos taken by Supervisor Chris Ambach on December 29th, 2017, and an aerial of the property. MR. LEFEBVRE: I have a question or -- on the certificate of title it states that -- U.S. Bank Trust NA, as trustee for LSF9 Master Participation Trust. My wife works for U.S. Bank. Does that have -- MS. CURLEY: No. MR. LEFEBVRE: -- any bearing on me voting on this? MS. NICOLA: I have no idea. You're asking me a question I can't answer. MS. CURLEY: Is your clandestine name LSF9 Master? MR. LEFEBVRE: It is not. It is not. But, I mean, I'm just saying -- MS. NICOLA: It doesn't seem like a conflict to me, but -- MR. LEFEBVRE: Okay. Very good. CHAIRMAN KAUFMAN: You promise when you go home tonight, you're not going to talk to your wife about this case? You're okay. MS. CURLEY: Wait. I didn't see the photo. I'm so sorry. MR. ASHTON: They haven't been approved yet. CHAIRMAN KAUFMAN: I'll take a motion to accept the photo. How many photos do you have, Tony? MR. ASHTON: Motion to accept. MR. ASARO: There was nine. CHAIRMAN KAUFMAN: Nine photos, okay. MR. WHITE: Second. May 24, 2018 Page 94 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: 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: There's nine photos and an aerial. CHAIRMAN KAUFMAN: Nine photos taken by? MR. ASARO: Supervisor Chris Ambach. CHAIRMAN KAUFMAN: Okay. I see him. He's right there. MR. ASARO: On December 29th, 2017, Chris Ambach observed interior modifications to the main structure without obtaining Collier County building permits. CHAIRMAN KAUFMAN: Can I stop you one second? MR. ASARO: Sure. CHAIRMAN KAUFMAN: How did he get in? MR. ASARO: I was going to go -- he got in with an entry consent form provided by the tenants -- CHAIRMAN KAUFMAN: Got ya. MR. ASARO: -- that live there. CHAIRMAN KAUFMAN: Okay. MR. ASARO: Supervisor Chris Ambach has advised a representative with WRI Properties -- he's had several conversations with them. It's WRI Property Management -- to obtain all required Collier County building permits for the interior renovations. May 24, 2018 Page 95 To date we have had no contact from the property owner. He has requested contact from the property owner. We have not heard from them. CHAIRMAN KAUFMAN: I see Sheetrock, paint. Is there any electrical involved or plumbing? MR. ASARO: I would have to ask Chris -- Supervisor Chris Ambach to come up here and -- CHAIRMAN KAUFMAN: And he's approaching you as we speak. MR. ASHTON: It looks like they're doing some electrical. MR. ASARO: He has firsthand knowledge. CHAIRMAN KAUFMAN: They're putting gem boxes in the ceiling, I guess. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: Yes, there was exposed electric. The ceiling was completely torn out and placed back up there. And, according to the complainant, the tenant, no insulation was used when they put that back up. I posted a stop work order immediately, met with the chief building inspector who said, yes, permits are required for that type of work. On top of it, there was a major leak from the hurricane, and the tenant said, "Did you find the leak? Did you fix the leak?" and they said, "No. We didn't see a leak, so we're just going to replace what was damaged," so... CHAIRMAN KAUFMAN: Okay. MR. AMBACH: And I was in contact with several people from Amerivest and a couple other companies. As a matter of fact, the one woman I did talk to, she disagreed with the chief building official's assessment and said that we don't need permits, and we never heard back from them. To this day it remains. CHAIRMAN KAUFMAN: The owner of the property? May 24, 2018 Page 96 MS. CURLEY: The bank. MR. AMBACH: The management company. CHAIRMAN KAUFMAN: So their tenants send their rent into that company. MR. AMBACH: That's correct. And I believe that the tenant finished the painting. I don't know what the -- this was -- I haven't been on this case in months, so I'm not sure what it looks like now. MS. CURLEY: I mean -- CHAIRMAN KAUFMAN: They're putting crown modeling up. MS. CURLEY: And this is tricky because if the property management company is not being compliant or helpful in any way, it makes you wonder if there's a -- do they really know the owner? I mean, this has been bank-owned since 2014. That's very -- really unusual. Banks don't like to be property management companies. So why this is in a rental pool of some sort instead of being sold off is confusing. MR. LEFEBVRE: As trustee; the bank's as trustee, so... CHAIRMAN KAUFMAN: Okay. Well, they'll figure this out after we do our thing. MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Thank you, Chris. MR. AMBACH: You're welcome. CHAIRMAN KAUFMAN: Okay. So based on what Chris just said, do we think a violation exists? MR. ASHTON: Make a motion a violation exists. MR. WHITE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. May 24, 2018 Page 97 MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Carries unanimously. Do you have a suggestion for us? MR. ASARO: Yes, I do. The Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days and abate all violations by obtaining all Collier County building permits for all unpermitted interior work or demolition permit, to restore the structure to its original condition, inspections, and certificate of completion/occupancy within blank days of this hearing, or a fine of blank dollars a day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abate in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may use -- 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. I'd like to say one thing. Since you've been unable to contact the, quote, owner, unquote, I would suggest that any motion limits the amount of time that we're going to give them to respond, because if you can't get ahold of them, we're wasting our time giving them six months or two months or May 24, 2018 Page 98 whatever. I would hardly recommend one month. MR. ASHTON: I agree. CHAIRMAN KAUFMAN: And I leave that for someone to make a motion now and fill in the blanks. MR. ASHTON: I'll take a shot at it. Make a motion that the 59.70 be paid within 30 days and obtain all required Collier County building permits within 30 days, or a fine of $200 per day be imposed. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MS. CURLEY: Just a question. So do you also send this notification to WRI Property Management in hopes that -- since we know -- MR. ASHTON: The notice of violation -- I have to look at my notice. Hang on one second here. MS. CURLEY: Could we, so we can at least get some help for the tenants? CHAIRMAN KAUFMAN: Well, this is going to go to the same people who pay the taxes. That's our rules, so... MS. CURLEY: I know, but times before we've sent it to, like, the personal representative when we know that they're not getting it. If their address they're using -- you know, a tax payment address for a trustee of a bank, it's -- CHAIRMAN KAUFMAN: Why don't we leave that to Tony to figure out who he's going to send it to; every possible person -- MS. CURLEY: Just make sure that the right people get it. MS. NICOLA: The address that I have is in San Diego. So I would say somebody local is not going to receive it unless we can have May 24, 2018 a local address to send a copy of the order to, which I'm happy to include whoever in the order to copy them on. Just give me whoever -- just call my office, and I'll add it to the order, no problem. CHAIRMAN KAUFMAN: Okay. We voted? Done. Okay. Any additions to the agenda, Danny? MR. BLANCO: No, sir. That's all. CHAIRMAN KAUFMAN: See you guys all next month. ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :48 a.m. �r NFO EMENT BOARD ' •B ' Vir A UFMAN, CHAIRMAN These minutes approved by the Board on cJvne , ZOl., as presented or as corrected Page 99 May 24, 2018 TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 100