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CEB Minutes 07/26/2018 July 26, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, July 26, 2018 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Sue Curley Ron Doino Gerald J. Lefebvre Kathleen Elrod Ryan White Robert Ashton (Excused) Lionel L'Esperance (Excused) Herminio Ortega (Excused) ALSO PRESENT: Danny Blanco, Code Enforcement Specialist 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 July 26, 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 p roceedings 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: CESD20170012033 OWNER: Monica Gomez Arciniegas and Raul A. Gomez Olaya OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 1.4.04(A). Unpermitted water and electric alterations made to enclosed garage. Enclosed garage was originally permitted with No. 94- 4526, specified no utilities. FOLIO NO: 65671280003 VIOLATION 698 Pine Vale Dr., Naples, FL ADDRESS: 2. CASE NO: CESD20170007136 OWNER: Sandra C. Fulton OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Permit requirements for Permit Number PRBD20130204009 have not been completed. FOLIO NO: 25305003127 VIOLATION 1462 Churchill Cir, Unit 103, Naples, FL ADDRESS: 3. CASE NO: CESD20160002295 OWNER: Destiny Church Naples Inc OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). An unpermitted shed, fence and pole barn type structure. Also, unpermitted shipping crates (containers) used for storage. FOLIO NO: 41930721007 VIOLATION 6455 Hidden Oaks LN, Naples, FL ADDRESS: MOTION FOR EXTENSION OF TIME B. STIPULATIONS C. HEARINGS 1. CASE NO: CEVR20180004929 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e). Removal of native vegetation where the total area cleared exceeds the one acre allowed to be cleared by the Building Permit issued for construction of single-family home. Alteration of land through placement of fill that removed or otherwise destroyed vegetation without obtaining approval from the County. FOLIO NO: 39963680004 VIOLATION 3765 37th Ave NE, Naples, FL ADDRESS: 2. CASE NO: CESD20170019893 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom 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). One vertical structure was constructed in the rear yard of the property without first obtaining all applicable Collier County Permits. FOLIO NO: 39963680004 VIOLATION 3765 37th Ave NE, Naples, FL ADDRESS: 3. CASE NO: CESD20180000569 OWNER: Ullah’s Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Collier County building permit required for interior alterations. FOLIO NO: 38161400003 VIOLATION 6220 Painted Leaf Lane, Naples, FL ADDRESS: 4. CASE NO: CEROW20180004006 OWNER: Luis Patino and Papadorelly LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in the Right of Way, Division 1 Generally, Section 110-31(a). Dirt fill and culvert placed in the County Right of Way without first obtaining the required Collier County Right-of-Way permit. FOLIO NO: 37591520004 VIOLATION 741 18th Ave NW, Naples, FL ADDRESS: 5. CASE NO: CESD20180003607 OWNER: Luis Patino and Papadorelly LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(e). Site work, improvement of property, grading, and/or removal of protected native vegetation ground cover and mid story plants by heavy machinery without a permit that would allow same. FOLIO NO: 37591520004 VIOLATION 741 18th Ave NW, Naples, FL ADDRESS: 6. CASE NO: CESD20170015581 OWNER: Gonzalo Miguel Ayres OFFICER: Delicia Pulse 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). Chicken coop on property and no Collier County Building Permit obtained. Permit PRCN20120305666 for Air Conditioning Unit change out did not receive a Certificate of Completion. FOLIO NO: 38220760008 VIOLATION 6290 Westport Lane, Naples, FL ADDRESS: 7. CASE NO: CELU20180001234 OWNER: Megan Gibson OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03, Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181 and Chapter 130, Article III, Section 130-96(a). Prohibited accessory use without first having a permitted principal/primary use/structure. Unauthorized outside storage of items including, but not limited to, various pieces of furniture, two recreational vehicles, one storage container, one boat, appliances, two vehicles, and additionally, litter. FOLIO NO: 38502240000 VIOLATION 128 37th Ave NE, Naples, FL ADDRESS: 8. CASE NO: CESD20170005992 OWNER: Nancy Karras OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations consisting of but not limited to: drywall, plumbing, alterations, etc. FOLIO NO: 53700120004 VIOLATION 3615 Boca Ciega Drive, Unit 103, Naples, FL ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20170010243 OWNER: Jean Jorhel Decembre and Yoland Jean Domond OFFICER: Juan Garcia VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Observed an unsecured swimming pool missing an approved pool barrier in the rear yard of improved occupied residential property. FOLIO NO: 35771000003 VIOLATION 4257 17th Ave SW, Naples, FL ADDRESS: 2. CASE NO: CESD20140013027 OWNER: Sunny Lane LLC OFFICER: Jeff Letourneau 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). Numerous unpermitted structures with electric, plumbing and natural gas. FOLIO NO: 00720360004 VIOLATION 10181 Keewaydin Island, Naples, FL ADDRESS: 3. CASE NO: CESD20160002295 OWNER: Destiny Church Naples Inc OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). An unpermitted shed, fence and pole barn type structure. Also, unpermitted shipping crates (containers) used for storage. FOLIO NO: 41930721007 VIOLATION 6455 Hidden Oaks LN, Naples, FL ADDRESS: 4. CASE NO: CELU20170008971 OWNER: DJ Price LLC OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Recreational vehicles being stored on vacant lot. FOLIO NO: 61833080003 VIOLATION 2589 Terrace Ave, Naples, FL ADDRESS: 5. CASE NO: CELU20160015397 OWNER: G and E S Gonzalez Trust and Josue Daniel Gonzalez OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A). An unapproved fold trailer operating/parked on improved occupied commercial property. FOLIO NO: 25581000009 VIOLATION 102 S 4th ST, Immokalee, FL ADDRESS: 6. CASE NO: CEVR20170001173 OWNER: K G B Properties LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.08(C), 1.04.01(A), 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(D) and 54-179. Presence of prohibited exotic vegetation, including but not limited to Brazilian Pepper, Java Plum, Air Potato, Carrot Wood, Earleaf Acacia and Australian Pine on an unimproved property not zoned Estates or Agricultural located within a 200 radius of an abutting, improved property. Also observed the illegal outside storage consisting of but not limited to: man made vegetative debris, televisions, cardboard boxes, chairs, a Jet Ski, tires, bottles other debris/trash FOLIO NO: 62093440000 VIOLATION 5327 Georgia Ave, Naples, FL ADDRESS: 7. CASE NO: CEVRVR20170004251 OWNER: K G B Properties LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 3.05.08(C), 1.04.01(A), 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(D) and Section 54-179. Presence of prohibited exotic vegetation, including but not limited to Brazilian Pepper, Java Plum, Air Potato, Carrot Wood, Earleaf Acacia and Australian Pine on an unimproved property not zoned Estates or Agricultural located within a 200 radius of an abutting, improved property. Also observed the illegal outside storage consisting of but not limited to: man made vegetative debris, televisions, cardboard boxes, chairs, a Jet Ski, tires, bottles other debris/trash FOLIO NO: 62093400008 VIOLATION 5325 Georgia Ave, Naples, FL ADDRESS: 8. CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-240(2)(c). Failure to maintain lake/storm-water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION No Site Address ADDRESS: 9. CASE NO: CELU20180001084 OWNER: Judith Telfort OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Outside storage and/or litter consisting of but not limited to: furniture, bed frames, tables, chairs, cardboard boxes, foam, tarp, metals, plastics, etc. FOLIO NO: 77214040009 VIOLATION 158 5th ST, Naples, FL ADDRESS: 10. CASE NO: CESD20170020080 OWNER: LSF9 MSTR Participation Trust OFFICER: Michael Odom 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: 11. 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 number 91-83. FOLIO NO: 60783240004 VIOLATION 11222 Tamiami Trl E, Naples, FL ADDRESS: 12. CASE NO: CES20170015783 OWNER: DBM Marina LLC OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 5.06.11(A)(1). Unpermitted Canopy Sign. FOLIO NO: 48173280007 VIOLATION 3470 Bayshore Dr., Naples, FL ADDRESS: 13. 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 LN, Naples, FL ADDRESS: 14. CASE NO: CESD20160007819 OWNER: Manfred S. Dunker OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Demolition of interior, sheet rock, plumbing, etc. witnessed on May 10, 2016 by Contractor Licensing Investigators Ian Jackson and Steve Kovacs. FOLIO NO: 27581000007 VIOLATION 400 Oak Ave, Naples, FL ADDRESS: 15. CASE NO: CESD20170013903 OWNER: Landy Pacheco OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations to structure and no Collier County Building Permit obtained, Permit Number 2006020253 for shed demolition did not receive a Certificate of Completion. Permit number PRBD20170206151 for re-roof did not receive a Certificate of Completion. FOLIO NO: 36383840003 VIOLATION 5400 26th PL SW, 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 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE - THURSDAY AUGUST 23, 2018 AT 9:00 A.M. XII. ADJOURN July 26, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless 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. Having said that, if we could all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Want to start with the roll call? MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MR. BLANCO: Mr. Ronald Doino? MR. DOINO: Here. MR. BLANCO: Ms. Sue Curley? MS. CURLEY: Here. MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. July 26, 2018 Page 3 MR. BLANCO: Mr. Lionel L'Esperance has an excused absence, Mr. Robert Ashton has an excused absence, and Mr. Herminio Ortega is absent. CHAIRMAN KAUFMAN: Okay. I'm sure we have some changes to the agenda. Let me do things out of order a little bit. Everybody's received the minutes. Does anybody have any changes to the minutes? MR. LEFEBVRE: Motion to approve. MR. DOINO: Second. CHAIRMAN KAUFMAN: Motion and second to approve the minutes. That takes care of that. And today all members will be voted -- voting since we're missing a few of our members. So do you have any changes to the agenda? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Roman Numeral V, public hearings/motions, Letter A, motion for continuance, Item No. 5A3, Case No. CESD20160002295, Destiny Church Naples, Incorporated, has been withdrawn. Letter B, stipulations, we have three additions: Number 1 from hearings, Case No. CEVR20180004929, Grettel Gonzalez and Oscar Garcia. Number 2 from hearings, Case No. CESD20170019893, Grettel Gonzalez and Oscar Garcia. Number 7 from hearings, Case No. CELU20180001234, Megan Gibson. Roman Numeral V, public hearings/motions, Letter C, hearings, No. 6, Case No. CESD20170015581, Gonzalo Miguel Ayres, has been withdrawn. Roman Numeral VI, old business, Letter A, motion for imposition July 26, 2018 Page 4 of fines/liens, No. 1, Case No. CESD20170010243, Jean Jorhel Decembre and Yoland Jean Domond, has been withdrawn. Number 2, Case No. CEDS20140013027, Sunny Lane, LLC, has been withdrawn. Number 3, Case No. CESD20160002295, Destiny Church Naples, Incorporated, has been withdrawn. Number 8, Case No. CEPM20160010841, Community Association for Mill Run and Stonegate Collier County, Incorporated, has been withdrawn. Number 9, Case No. CELU20180001084, Judith Telfort, has been withdrawn. And that's all the changes. CHAIRMAN KAUFMAN: Get a motion to amend the agenda. MR. DOINO: Motion to amend. MS. ELROD: Second. MR. LEFEBVRE: 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: First item on the agenda, it's Roman Numeral V, public hearings/motions, Letter A, motion for continuance, Item No. 5A1, Case No. CESD20170012033, Monica Gomez Arciniegas and Raul A. Gomez Olaya. July 26, 2018 Page 5 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Everybody have enough time to see what we're doing? (No response.) CHAIRMAN KAUFMAN: Good morning. MR. MOLINA: Good morning. CHAIRMAN KAUFMAN: Let the record reflect the respondent's not present. Did that already, okay. Did it when I was looking here. Okay. We have somebody requesting to continue this case? MR. MOLINA: Yeah, that's right. CHAIRMAN KAUFMAN: Why don't you give us a little background. MR. MOLINA: The property owner was trying to get a permit for the garage that he altered. And he was not able to get the permit, so now he wants to get a demolition permit, so that's why he's requesting more time. CHAIRMAN KAUFMAN: It takes a day to get a demolition permit; am I right? MR. MOLINA: Yes, sir. CHAIRMAN KAUFMAN: When -- can you give us some dates on this? MR. MOLINA: The main problem is the property owner does not live here. He lives out of the country, and that's why he was requesting time. There's a letter that he sent us requesting time. And he stated the reasons why he was requesting time. MR. LEFEBVRE: Is this property occupied? MR. MOLINA: It's not. MR. LEFEBVRE: So it's his property? MR. MOLINA: It's his property, but it's vacant right now. MR. LEFEBVRE: Right. He lives in the property? July 26, 2018 Page 6 MR. MOLINA: Not right now because he's out of the country. MR. LEFEBVRE: Right. He's in Saint Martin, and his wife's in medical school. How much -- at least one year. CHAIRMAN KAUFMAN: No. Let me just say, if -- requesting a year for this to be heard? MR. MOLINA: Excuse me, sir? CHAIRMAN KAUFMAN: I'm trying to find the letter. MR. BLANCO: Mr. Chairman? Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. BLANCO: My apologies. We do have someone here representing the respondent, Monica Gomez and Raul Gomez, by the name of Javier Suarez. CHAIRMAN KAUFMAN: Is he here for the hearing, or is he here -- well, I'm asking you. Is he here for the hearing, or is he here for requesting the extension? MR. BLANCO: He's here for -- to request the extension. This case is only on the agenda as a motion for continuance. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: It looks like a third -- CHAIRMAN KAUFMAN: I know. Okay. MR. LEFEBVRE: The letter is the third -- MR. BLANCO: Mr. Chairman, for the record, we do have a letter from the respondent, Raul Gomez, authorizing Javier Suarez to represent him at today's proceedings. CHAIRMAN KAUFMAN: Okay. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. SUAREZ: Good morning, sir. CHAIRMAN KAUFMAN: Okay. And could you tell us your name on the microphone. MR. SUAREZ: My name is Javier Suarez. I'm living in the July 26, 2018 Page 7 property for Raul Gomez. CHAIRMAN KAUFMAN: You're living in the property? MR. SUAREZ: Yeah. I'm living there, so I'm taking care because he's out of the country. He's living in Saint Martin Islands. So he had too many problems after the hurricane. He's impossible to come in here, so I'm taking care for his property now. CHAIRMAN KAUFMAN: Okay. When the question was asked is the property -- MR. MOLINA: The property has two structures. It has a main structure, where Mr. Suarez lives, and then there's a garage, and the case that we have is for the garage. CHAIRMAN KAUFMAN: Okay. So you're saying, if I'm not mistaken, Danny, that this is not on the other agenda? MR. BLANCO: No, sir. CHAIRMAN KAUFMAN: So that if the Board decides not to grant the continuance, what happens? MR. BLANCO: Then we'll -- we will schedule it once their compliance date which -- the order gave them till July 20th, 2018. That didn't give enough time to be -- to schedule the case for imposition of fines because it has to be done per chapter -- Florida Statute 162, 10 days prior to the hearing. CHAIRMAN KAUFMAN: Okay. My question on this, you're representing the respondent. Is -- when did all this start, and why are we now at the last minute looking for a one-year extension? MR. LEFEBVRE: How long has he been out of the country? MR. SUAREZ: He's for -- he's out like almost two years now; he living out of the country. So he's looking for extension because now he doesn't -- he doesn't have any money because they say -- the government said they had to do the demolition there. So he was trying to get the permits, everything. He contract the company to do because it's possible he don't need to do the demolition, July 26, 2018 Page 8 so -- and then, finally, they say no, we cannot, because the level, everything, too many issues. So now is the final thing to get the demolition, yes or no. But he say for that one he need money, too. He doesn't have any money now, so he's trying to get an extension to get a demolition little by little because he doesn't have any money now. CHAIRMAN KAUFMAN: And he's looking for one year continuance on this? MR. SUAREZ: Yeah. He need extension to try to get a demolition and everything. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. LEFEBVRE: Yeah, certainly. MS. CURLEY: Yeah. MR. LEFEBVRE: Go ahead. MS. CURLEY: Me? Oh, how has this come about? How did you find out about this violation? And can you tell me what actually is wrong with the garage? MR. MOLINA: It was a complaint. It came in as a complaint to the Code Enforcement. And the garage has been altered with utilities. And they were using it as living quarters. MS. CURLEY: So there's still water and electric? MR. MOLINA: Well, the water and all the utilities have been shut off. This case actually went to hearing back in March. And he was granted 120 days to finish it, to get the permits and get it all CO'd. MS. CURLEY: Was he here? MR. MOLINA: He was not here. He had somebody else representing him. MS. CURLEY: That's good enough for me. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I mean those were, basically, the questions I had. If there was someone here and we gave 120 days -- July 26, 2018 Page 9 MR. MOLINA: Sir, I think there's been a misunderstanding. I don't think the property owner's requesting one year. He did not specify how long he needed on the letter. That's why Mr. Suarez is here today, to request how long they need to finish it. MS. CURLEY: The letter says that he's probably not going to be back in the U.S. for one more year which is, you know, probably their life plan. CHAIRMAN KAUFMAN: The concern that I have is this is an open-ended request. I'm not going to be back for a year, and I don't have any money, but the violation still exists. So normally what would happen is you do a request for a motion to continue it. If the motion is denied, we generally hear that case the same day. It's just part of the agenda. This is different because of timing, I guess, and we're in a position now to grant a continuance or deny it. So for that -- if there's no more discussion -- MR. LEFEBVRE: I do have one more. CHAIRMAN KAUFMAN: Sure. MR. LEFEBVRE: The operational costs of $59.70, have they been paid? MR. MOLINA: Yes, sir. MR. LEFEBVRE: They have been. MS. CURLEY: Am I allowed to ask where Pine Vale Drive is? MR. MOLINA: East Naples right off Davis and Radio Road. CHAIRMAN KAUFMAN: So this was a property that was -- I don't want to hear the case now. But this was a property that was used to house students; is that what I understand? MR. MOLINA: I'm not sure. It had people living there, staying there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do you pay rent, or are you a property -- are you compensated for living there? July 26, 2018 Page 10 MR. SUAREZ: No. I just pay some part for the rent. The other part I do the labor, everything, taking care of the house, helping him, so... CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MS. CURLEY: I make a motion to deny the request for the extension. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So the motion's denied. They're going to reschedule this for a hearing on this case. I didn't want to get into the details now. We just wanted to hear what the request was for the continuance. So Danny will be in contact or -- you will be in contact? I don't know who's going to schedule it. MR. BLANCO: Well, our office will make the determination on when to bring this case up for imposition of fines. CHAIRMAN KAUFMAN: Okay. Not fines. We haven't heard the case. MR. LEFEBVRE: We heard the case. July 26, 2018 Page 11 CHAIRMAN KAUFMAN: Oh, we did. MR. BLANCO: Yes. We heard the case back in March. MR. LEFEBVRE: We gave until July 20th to have it corrected. MR. LETOURNEAU: Fines are continuing to run right now until the violation's abated. MR. LEFEBVRE: Right. So probably -- would strongly suggest that you communicate to the owner that some action be taken between now and our next meeting, whenever it's going to be. MR. SUAREZ: Thank you, sir. CHAIRMAN KAUFMAN: I don't know what the -- just a side -- I don't know what the cost is in pulling a demo permit. Any idea? I mean, I don't think it's a lot of money. $50 or something? MR. LETOURNEAU: I would say it's more than 50, but I'm not really sure exactly what it is. CHAIRMAN KAUFMAN: Okay. Okay. That's a suggestion. It doesn't take long to pull it. And if you pull a demo permit before you come back here, I'm sure that the Board would look favorably at that situation. Okay. MR. SUAREZ: Okay, sir. Thank you so much. MR. OSSORIO: For the record, Mike Ossorio, director of code. (The speakers were duly sworn and indicated in the affirmative.) MR. OSSORIO: I just want to make sure -- just bring this all back in together. This case was a stipulated agreement that was found in violation. The owner did try to come in and get some building permits, did meet with the building official and determined that it wasn't cost effective to try to get a building permit to go ahead and make this a permitted item. So the next step is a demolition permit, and that's -- I think it's 120 residential -- CHAIRMAN KAUFMAN: Okay. MR. OSSORIO: -- and then you bulldoze it and then you get your final, whatever it is. July 26, 2018 Page 12 It's not up to us. Unfortunately, the applicant, the respondent wanted to have a continuance because he knew he was going to be in violation, and the fines were going to start adding on. So it's not up to us. It's up to the respondent. We got a letter that said he wanted a continuance. That's fine, but I wanted to make sure -- the Board's already heard this case. We're going to impose penalties in several months. You might see it. But we need to do a better job communicating about what the applicant is here for, and we'll talk to Danny to make sure. Because it looks like the Board was kind of thinking that they're going to hear this case, or they weren't going to hear this case. The applicant is an absent owner. This gentleman lives there. I'm assuming that no one lives in the shed. All the electrical and the plumbing, all the stuff's been removed; am I correct? MR. MOLINA: Correct. MR. OSSORIO: So there's no health and safety issue, and the respondent does have the ability to come in and ask for a continuance, and the Board denied it, which is fine. Now it's on us to impose penalty when the day comes. So I just want to make sure that -- CHAIRMAN KAUFMAN: The days has come, right? MR. OSSORIO: -- our investigators -- our investigators do a little better job communicating to this board how we go ahead and represent cases as it relates to imposition of fines and also the continuance. We're not asking for a continuance. We just bring it forward to you. It's really the respondent's job to go ahead and tell you why he wants to go ahead and continue this particular case and to extend his time. It was denied. I appreciate the time. I just want to make sure we July 26, 2018 Page 13 bring it all back and together. He did try to meet with the building official. There was a lot of activity behind the scenes in the building department. There is no health and safety issue. The demolition permit's very minimal. Obviously, he's got to get a contractor because he's absent. It's a rented property, so an owner/builder wouldn't apply. So those are our items that we're going to be dealing with the next couple weeks. MR. LEFEBVRE: Does the structure -- I don't want to rehear the case. But the structure, does it have to be destroyed or -- MR. OSSORIO: Well, you already heard the case. MR. LEFEBVRE: -- they take out the plumbing and whatever improvements have been made? MR. OSSORIO: Yes. You've already heard the case. Obviously, either get the permit requirement for the shed, either setback issues or flood issues, whatever the building official decided to say this was an uphill battle, or your order was to remove it. Am I correct, Jeff? MR. LETOURNEAU: I can't answer that. I don't know if the shed itself was permitted and it was just modified illegally or if it was the whole structure that was unpermitted at this -- CHAIRMAN KAUFMAN: It sounds like the elevation isn't sufficient to hold the property even if it was permitted, and that's why it needs to be removed. MS. CURLEY: It would have been helpful to have the case -- MR. OSSORIO: You're absolutely right. So I'll be taking some notes today about how we actually communicate to the Board more effectively so we can communicate something more in line so you folks can understand because, obviously, this happened four months ago, six months ago. We're not expecting you to memorize all these cases. July 26, 2018 Page 14 And so to have the investigator stand up and say I'm here, we need to do a better job in providing that documentation for you and give you a summary why this respondent or applicant is here requesting the continuance before the fines start adding on. And, obviously, it was denied, rightfully so, and we'll deal with it, and we'll work with the respondent or the applicant to make sure he gets in compliance. And if we have to impose penalties, we will. Thank you for your time. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: It appears -- it looks like the garage was permitted. It was just modified into living space. So alls they have to do is take it back to its originally permitted condition. MR. BLANCO: Next item on the agenda, it's No. 2, Case No. CESD20170007136, Sandra C. Fulton. CHAIRMAN KAUFMAN: This is SC? MR. BLANCO: This is Item No. 5A2. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. PULSE: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the mike for us. MS. FULTON: Yes, sir. Sandra C. Fulton. CHAIRMAN KAUFMAN: Okay. And you're requesting? MS. FULTON: A motion for continuance. Back in November we had a hearing, and I was to have compliance done by today to have the residence at 1462 Churchhill Circle, T103, completely done; however, at the time I did not have the funding available to start the project and have it completed. I am here to tell you that as of a few weeks ago I was able to get the funding necessary to get the project going. I have been consulting with a contractor; however, due to scheduling and me underestimating July 26, 2018 Page 15 the time that it takes to actually get things going, have him to take a look at the property and give me a final estimate and to hire him, that has not been done. So what I'm asking, sir, and to the Board, that if I could please have 30 days to get a contractor secured, ready to go, and then another six months to have the property ready to be completely done and renovated as you had directed back in November. MR. LEFEBVRE: This is a condo unit, correct? MS. FULTON: Yes, sir, it is. MR. LEFEBVRE: It was taken down to the bare walls, correct? MS. FULTON: It has been taken completely down to the bare walls due to a flooding issue. MR. LEFEBVRE: And how big is it? MS. FULTON: Not quite a thousand square feet. MR. LEFEBVRE: That should be done in about -- construction would take about two months. MS. FULTON: About two months, okay. MR. LEFEBVRE: I had a unit that was 1,100 square feet down to studs replaced all in two months. MS. CURLEY: Was this because of the storm? MS. FULTON: No, ma'am. It was due to a flooding issue in the unit. The hot water heater flooded and then destroyed everything. And with the heat and humidity, it molded, so everything had to be taken down. CHAIRMAN KAUFMAN: I just had one happen this weekend. MS. FULTON: Oh, goodness. Very stressful. CHAIRMAN KAUFMAN: Okay. So you are looking for this to be continued until six months, basically? MS. FULTON: Yes, sir; that way everything will be completely done. Sir, you said two months at tops. Just making sure that I have a contractor that's able to go from start to finish. This is a very busy time July 26, 2018 Page 16 of the year, and people that I've talked to are not able to commit, but I am going to get someone in there immediately and get it taken care of. MR. LEFEBVRE: That's two months -- when I said two months, that's from when they start the job to finish, so... MS. FULTON: Okay. MS. CURLEY: And you've got to pay them, too -- MS. FULTON: Yes, ma'am. MS. CURLEY: -- or they won't come to work. MS. FULTON: Oh, no. That's why it was delayed, because I had to, you know, improve my credit in order to get a feasible amount of money so that I can get going. CHAIRMAN KAUFMAN: Do you have any concern with your interactions with the condo associations? MS. FULTON: I have been in contact with them. And so -- we have a rapport, so I've been in contact with them making sure all fees, everything's been taken care of. MR. LEFEBVRE: But do they have to approve any -- MS. FULTON: Yes, sir, they do have to approve. So whoever is hired has to make sure to have that information ready to go for them. MR. LEFEBVRE: Six months probably is more reasonable, then. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. LEFEBVRE: I just want to be -- a continuance, the fines keep on accruing, correct? CHAIRMAN KAUFMAN: That's correct. MR. LEFEBVRE: I make a motion to continue for six months. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MS. CURLEY: Should we just make it to the January meeting date? July 26, 2018 Page 17 MS. NICOLA: Six months would be January 22nd, 2019. CHAIRMAN KAUFMAN: We don't know what our -- MS. NICOLA: We don't know what the date is for the January, but -- CHAIRMAN KAUFMAN: That's around the same time. MS. NICOLA: -- it's going to be close, yeah. MR. LEFEBVRE: But then we would only be able to hear if she wanted to continue it again, not have it as an imposition of fines, within the 10 days. CHAIRMAN KAUFMAN: Yeah. I would think that at that time we should have a pretty good idea that it's done, hopefully it comes into compliance, and we don't see you anymore. MS. FULTON: Yes, sir. I do not wish to be back in here, not for this. MR. LEFEBVRE: It's not that bad. MS. FULTON: No. I don't mind being here, but not for this reason. It's quite embarrassing. MR. LEFEBVRE: Make a motion for six months. CHAIRMAN KAUFMAN: Okay. Do we have -- MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second on the six months. No more discussion. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. July 26, 2018 Page 18 MS. FULTON: Thank you very much for your time. MR. BLANCO: Next item on the agenda, it's Roman Numeral V, public hearings/motions, Letter B, stipulations, No. 1, Case No. CEVR20180004929, Grettel Gonzalez and Oscar Garcia. (The speaker was duly sworn and indicated in the affirmative.) MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning, Michael. I see that the respondent is not present, for the record. MR. ODOM: That is correct, sir. CHAIRMAN KAUFMAN: Okay. Why don't you let us know what's going on. MR. ODOM: Okay. This is a stipulation. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay all operational costs in the amount of $59.84 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining the required Collier County after-the-fact vegetation removal permit, inspections, and certificate of completion within 90 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. For any portion of the overclearing not eligible for a vegetational removal permit, an environmental consultant must be hired to submit a mitigation plan including, but not limited to, restoration, maintenance, vegetation in all three strata within 90 days of this hearing, or a fine of $250 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 July 26, 2018 Page 19 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've had good communication with the respondent? MR. ODOM: Yes, I have, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Is 90 days sufficient to bring -- how much acreage are we talking about? MR. ODOM: I believe it's 2.27 acres, and it's -- I think it's a bit generous, 90 days, seeing that this case has been open since March, and we've already had a meeting with environmental services on May 30th, and they were -- the respondents were directed to apply for their vegetation removal permit. So I think 90 days is -- should be sufficient. MR. LEFEBVRE: But the mitigation plan, has that been worked on yet? MR. ORTEGA: Not yet, sir, no. MR. LEFEBVRE: Okay. We're in the heart of the rainy season. I just -- get an environmental consultant out there to look at the land and everything and to get it planted and started. Now, I don't see anything there that states that whatever was planted, usually mitigation plans we see where, for a period of time, like a year, X amount of plants, trees, whatever, must survive and irrigation, so forth, and I don't see that in that. MR. ODOM: Yes, sir. I think in this case it might not be as bad as they think. They just need to get moving. There's a lot going on on that property in terms of there's a lot of legitimate permits pulled, and there may not be that much that was cleared that has to be restored. So I think if they just pull the permit, they're going to find out it's probably not as bad as they thought. MR. LEFEBVRE: House being build right now? July 26, 2018 Page 20 MR. ODOM: No. The house was CO'd, but they have a big pool, they have another permitted structure, they have a permitted perimeter fence, a second row permitted, so there's a lot going on there. CHAIRMAN KAUFMAN: So they're allocated -- ordinarily allocated at least one acre that they can clear without the permit? MR. ODOM: Yes, sir, that's correct. CHAIRMAN KAUFMAN: So when you take the house, the pool, and whatever else they have done out of that equation, it might be okay. MR. ODOM: Yes, sir. MR. LEFEBVRE: Is it a total of one acre that can be cleared including the house, including the pool and everything, or is that excluded? MR. ODOM: Somebody correct me if I'm wrong; I believe it's one acre total including the house. Anything beyond that, you need a vegetation removal permit. MR. LEFEBVRE: So if he cleared 2.27 acres -- MR. ODOM: Yes. MR. LEFEBVRE: -- he'd have to -- MR. ODOM: Yes sir. MR. LEFEBVRE: -- put back 1.27 acres of like vegetation around -- MR. ODOM: Correct. All three strata, yes, sir. MR. LEFEBVRE: Right. MR. ODOM: Ground cover, midstory, and canopy. MR. LEFEBVRE: Right. But whatever's around that property, adjacent to that property, would probably have to -- it's typically looked at, correct? MR. ODOM: Yes, sir. MR. LEFEBVRE: All right. So -- CHAIRMAN KAUFMAN: It will all be part of the plan. July 26, 2018 Page 21 MR. LEFEBVRE: Right. But what I'm trying to get at is there's nothing in that plan that says that -- or in the stipulation that X amount of trees have to survive after a period of time or they have to be replaced. Typically, that's -- we haven't seen a mitigation plan for something like this in a while, but I know in previous cases we have seen where, over a couple-year period -- or irrigation, if it's not being used, will be used to make sure survival of the -- whatever's planted, so... MR. ODOM: Sure. MS. CURLEY: Maybe we'll get that information when we get the mitigation plan. CHAIRMAN KAUFMAN: That's right. MR. LEFEBVRE: Well, we typically don't see the mitigation plan. CHAIRMAN KAUFMAN: They'll see it. MR. LEFEBVRE: But, typically, we stipulate what -- you know, that the plants are going to survive. That's -- because right now if it's done in 90 days and plants die, there's no way to -- MS. CURLEY: Isn't that the county's responsibility? MR. WHITE: I believe when they approve the mitigation plan there will be some requirements in there for them to be able to establish it, and the county can go back and make them fix it. MR. LETOURNEAU: I think the keyword in there is "maintenance." I'm hoping that, you know, covers your concerns. I agree that in the past that we have put, you know, the county would have to periodically go out there for the next two years and make sure that the vegetation survived. But I think that if they submit the maintenance plan or the mitigation plan, they have some form of maintenance on there, and then we can go back out there at some point and take a look at it. MR. LEFEBVRE: I don't like ambiguity. I like to be clear, so... July 26, 2018 Page 22 MR. LETOURNEAU: Right. Okay. I'll work on that and make sure we have -- in the future have something about the county going out there and seeing that the stuff survives. CHAIRMAN KAUFMAN: Okay. So can we get a motion to accept this stipulation? MS. CURLEY: I'll make a motion to accept the stipulation as written. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion, 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And it looks like the next case is the same respondents, correct? Am I correct? MR. ODOM: That is correct, sir. MR. BLANCO: Correct, sir. Next item on the agenda, it's Item 5C2, Case No. CESD20170019893, Grettel Gonzalez and Oscar Garcia. (The speaker was previously duly sworn and indicated in the affirmative.) MR. ODOM: For the record, Michael Odom, Collier County Code Enforcement. This is another stipulation. July 26, 2018 Page 23 Therefore, it is agreed between the parties that the respondent shall: Number 1, pay all operational cost in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; abate all -- Number 2, abate all violations by obtaining all required Collier County building permits for the vertical structure or the demolition permit for said structure, request all inspections and certificate of completion/occupation within 90 days of this hearing, or a fine of $250 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 be -- correction -- may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Could you tell me what a vertical structure -- that's what we're talking about here? MR. ODOM: Yes, Mr. Chairman. It is a canopy, a metal -- very big metal canopy that is primarily used to shade a big vehicle. And it's in the rear yard, and there were no permits for it. A lot of other things were permitted on that property, but for some reason they put up a very large red metal canopy for shade. CHAIRMAN KAUFMAN: A canopy canvas, or it's actually metal? MR. ODOM: It's made out of metal, sir. CHAIRMAN KAUFMAN: So it has to be permitted so that the anchors and all the rest of that are in compliance with the building July 26, 2018 Page 24 code? MR. ODOM: Yes, sir. And they have applied for their permit, but it's currently in rejected status. And Environmental Services saw that permit, and then they saw all the clearing which prompted the prior case, so -- but they have -- you know, they are trying. Their last set of corrections went out on May 22nd. So it's -- permit is still in rejected status. CHAIRMAN KAUFMAN: Okay. What's the date on this? I can't make it out. MR. LEFEBVRE: Ninety days. CHAIRMAN KAUFMAN: Ninety days? MR. ODOM: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well -- and these are enormous, like industrial carports, and so this isn't something they would have put up themselves. So was there a contractor involved that did that? MR. ODOM: The owner of the property is a contractor, and they assembled it on site, yes, ma'am. MS. CURLEY: He's his own violator. CHAIRMAN KAUFMAN: Okay. Well, we have a stipulation. We either accept it or we don't. Any more discussion on the stipulation or any motion? (No response.) CHAIRMAN KAUFMAN: The permit is the permit, and the inspections have to be performed whether he's the person who put it in or he hired another company to do it. So, either way, in 90 days it will be inspected. MR. LEFEBVRE: Make a motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? July 26, 2018 Page 25 MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It passes. Thank you. MR. ODOM: Yes, sir. MR. BLANCO: Next item on the agenda, it's No. 7 from hearings, Case No. CELU20180001234, Megan Gibson. (The speaker was duly sworn and indicated in the affirmative.) MR. ODOM: For the record, Michael Odom, Collier County Code Enforcement. This is also a stipulation. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay all 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 removing all unauthorized items currently being stored on the property to a conforming location by removing all litter from the property to a site intended for final disposal in order to restore the property to its original permitted natural state within 30 days of this hearing, or a fine of $150 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 that 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 methodology to bring the violation into compliance and may use the assistance of the Collier July 26, 2018 Page 26 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. For the record, I just wanted to say that the respondent is, on this case, not present. The "stuff," in quotes, that's on the property, recreational vehicles, I don't know whether they're registered or not; don't care. One storage container; one boat; appliances; two vehicles, these are relatively easy to get off the property. So 30 days is within reason? MR. ODOM: Yes, sir. And this case has been open since January, so we figured 30 days was -- MS. CURLEY: Well, it says the case was first observed January 26th, but it doesn't say that they were noticed until May. MR. ODOM: Yes, ma'am. We sent a determination request to the zoning division. And sometimes those take a little while to get back. There was just so much on that property and a variety of things, so it took a while. MS. CURLEY: Has there been any change at all? MR. ODOM: Most of the litter has been picked up. Boat trailer has been removed, but the boat is still there. CHAIRMAN KAUFMAN: Are they waiting for a flood? MS. CURLEY: Good idea. MR. ODOM: The property owner stated that she had been lent that boat trailer, and she's getting her own, and she hopes to have it done by 30 days. That's what she says. CHAIRMAN KAUFMAN: Okay. Well, she's the one who signed the stipulation? MR. ODOM: Yes, sir. CHAIRMAN KAUFMAN: She thinks she can get it done in 30 days. I think 30 days is reasonable. Anybody like to make a motion on this? MR. LEFEBVRE: Make a motion to accept. July 26, 2018 Page 27 MR. DOINO: Second. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. ODOM: Yes, sir. MR. BLANCO: Next item on the agenda, it's Roman Numeral V, public hearings/motions, Letter C, hearings, Item No. 5C3, Case No. CESD20180000569, Ullah Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. ULLAH: Farid Ullah. THE COURT REPORTER: Could you spell your last name. MR. ULLAH: U-l-l-a-h. CHAIRMAN KAUFMAN: Okay. Everybody's been sworn. Okay. You have a stipulation on this? No. This is a hearing. MS. PULSE: Yes. CHAIRMAN KAUFMAN: Okay. Then you present first. MS. PULSE: Good morning. For the record, Investigator Dee Pulse, Collier County Code Enforcement. This is in reference to Case No. CESD20180000569 dealing with July 26, 2018 Page 28 violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The building official has confirmed a Collier County building permit is required for interior alterations. Property is located at 6220 Painted Leaf Lane, Naples, Florida, 34116; Folio 38161400003. Service was given on February 13th, 2018. I would like to present case evidence in the following exhibits: The aerial view of the property for 2018 from Property Appraiser's website; two photos taken on December 29th, 2017, by Contractor Licensing; one photo taken on February 6th, 2018; and one taken July 25th, 2018, by myself. CHAIRMAN KAUFMAN: Can I ask, the building supervisor said that this comes into -- that you need a permit for this interior alterations. Did they specify at all what particular alterations require a permit? I mean, if he put wallpaper up, that's probably not one of them, but I just use that as a bad example. MS. PULSE: The case was actually referred to us by Contractor Licensing Department. The building official had reviewed it before it was transferred over. The Contractor Licensing investigator was on site and stated that a new entry door had been installed, possibly a new A/C unit, the kitchen was gutted, and there was electrical work. CHAIRMAN KAUFMAN: Okay. Great. And you have pictures? MR. BLANCO: Mr. Chairman, would you like to make a motion to accept the pictures as evidence? CHAIRMAN KAUFMAN: Yes. How many pictures are there? MS. PULSE: There's approximate four -- three -- four pictures and one of the aerial. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these July 26, 2018 Page 29 pictures? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to these pictures? MR. ULLAH: No, I don't. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them. MR. DOINO: Make a motion to accept pictures. MS. ELROD: Second. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Looks like 1.1 acre -- 1.4, excuse me. About 660 feet deep. That's a picture of the kitchen, and the room adjacent to the kitchen, I'm assuming? MS. PULSE: Yes. This picture was taken by a Contractor Licensing supervisor. MS. CURLEY: So I don't see anything -- I don't see anything wrong there. MR. ULLAH: It's a kitchen remodel. You don't need a permit to pull out your cabinets, put a new one in, the countertop. And you can see the countertop, the sink, and the cabinets missing. That's it. I don't see an A/C unit missing. The A/C -- if you look at picture July 26, 2018 Page 30 on top, the A/C stuff is still there. So I don't know where they're saying I need an A/C permit. MS. CURLEY: So you said you just -- well -- MR. ULLAH: I did a cabinet replacement. CHAIRMAN KAUFMAN: Okay. Let Dee continue, and then we'll come back to you, and you can go through all of these again. Sure. MS. PULSE: Do you want me to give my -- CHAIRMAN KAUFMAN: Yeah. Give us a description as you show it. That's the house. MS. PULSE: Yes. Okay. As I said, I received this case as a referral from Contractor Licensing with confirmation from the building official that there is a violation of alterations/improvements requiring a Collier County building permit. A stop work order was issued and posted at the property on front window by Contractor Licensing. I have spoken to Farid, the owner, to advise, and a time was set to meet to issue the notice of violation -- this was in the beginning -- but we did not end up meeting for that issuance. Communication has been minimal. I was on site July 25th, which was yesterday, observed that the stop work order tag has been removed from the front window. The front door has been painted now and sealed, everything installed. I spoke to a young man who answered the door. Could visibly see the front interior has been finished: Kitchen, flooring, lighting, et cetera, and now being occupied as a livable space. As of this date, no Collier County building permit has been obtained. Violation remains. CHAIRMAN KAUFMAN: No building permit. No inspections. MS. PULSE: No. CHAIRMAN KAUFMAN: Okay. So it's a case of the interior July 26, 2018 Page 31 being remolded to include electric, plumbing? MS. PULSE: That's what was reported by Contractor Licensing. CHAIRMAN KAUFMAN: Okay. MR. ULLAH: Was electrical -- CHAIRMAN KAUFMAN: Okay. We're going to come to you now, and you can start right from the beginning and go through everything. MR. ULLAH: Okay. So, number one, it was electrical and A/C. And if you go back to that picture, all A/C ductwork are intact. MS. PULSE: Well, I think when they mentioned new A/C, it would be the outside unit. MR. ULLAH: If you go to the other picture, the A/C unit's still next to the water. Go to the room. MS. PULSE: Contractor Licensing did state in their case that probably A/C -- MR. ULLAH: It's right there on the left. There's A/C units. MS. ELROD: They were the original A/C units? MR. ULLAH: Yes. And as far as the front door, look at that picture, and then look at the before and after. It's just been painted. If you don't mind going back and forth. MS. CURLEY: What happened to the stop work order? Did it fall off, or how come you took it off? MR. ULLAH: Well, I called the guy twice. They gave me a county number. I called and left a message. I'm pretty sure he called back. He never left a message. So we couldn't get in contact. I just wanted to know what he wanted me to pull the permits for. I did replace the cabinets. I did replace the countertops. I'm not denying that. But I don't need a permit for that. And I did do the flooring work. MS. CURLEY: Cabinetry you do, not the counters. You can replace counters but not cabinets. July 26, 2018 Page 32 MR. ULLAH: Well, I wasn't aware of that. If I have to pull a cabinet -- permit, I will. And look at the door and look at -- they're the same door. It's just painted. MS. PULSE: I do have a picture of the door in an earlier stage of the case as showing that there are tags on the door such as -- MR. ULLAH: I'm just going by the pictures she's showing. MS. PULSE: -- if you get a new door. MS. CURLEY: That white slashy mark, you mean, that's where the -- MS. PULSE: No. The tags are at the top. I don't know if Danny can zoom in a little better. CHAIRMAN KAUFMAN: I see a tag on the top in the glass. MR. ULLAH: Yeah. CHAIRMAN KAUFMAN: Lots of tags. I don't know what they mean, and I can't read them, so... MR. ULLAH: And then look at the after picture. Looks to me -- looks like the same door to me. MS. CURLEY: Did you replace the door or the frame and the door? MR. ULLAH: I just painted it. There you go. CHAIRMAN KAUFMAN: The door itself -- go back to the previous picture, Danny. It looks like an unfinished door that's there. MR. ULLAH: It just got painted. If you want me to pull a paint permit, I will. MS. CURLEY: So the stickers on the top of the door, that's not -- MR. ULLAH: I mean, protection, painters. They cover it to paint it. MS. CURLEY: Well, those look like stickers that the manufacturer's required to put on. Like the -- like -- MR. ULLAH: I know they don't put that many stickers on a door, and not like in that order. July 26, 2018 Page 33 MS. CURLEY: When it's glass, they do. MR. LEFEBVRE: I have a suggestion. Maybe we should continue this to next month and bring in the building inspector that actually -- Licensing looked at this. MR. ULLAH: That's fine. I'm okay with that. MS. CURLEY: I don't think so. I think we should just move on. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Well, it's hard for me personally to draw an opinion on this without -- MR. ULLAH: That's the interior of my house. I mean, I did the cabinet work. I'm not denying it. I did the tile. And I said, if I need a permit for tile and cabinets, I'm willing to pull it. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Have you observed the -- have you -- did you look at the air-conditioning unit outside? MS. PULSE: I did not personally. There is a photograph from the Contractor Licensing case. MR. LEFEBVRE: I can't distinguish. MS. PULSE: There was also a permit for a new A/C, like, two or three years ago. That was permitted and CO'd. MR. ULLAH: Why would I replace my A/C three years later again? MR. LEFEBVRE: Yeah. MS. CURLEY: Well, I mean, that's easy. The contractor permitting, or you could take a picture of the serial number, and it states the year the unit was manufactured, so that's a no-brainer. So we don't have any evidence to support that, so let's just -- let's remove that. The problem that I have here, as an advisory board member, is that there was a stop order put up, and there's pretty clear language on that in what you need to do in order to continue working. And so it's not very nice to continue on thinking that somebody July 26, 2018 Page 34 might know the rules, and the rules are you're allowed to replace your countertops. If you offend any of the plumbing or the base cabinets in a bathroom or in a kitchen, you require a requirement. There's a certain value dollar that you're investing in your property, and if it reaches a certain value dollar, then it's required a permit. There's electrical things that need to change now. And if you weren't aware of that, it's very unfortunate. But you shouldn't really sit here and say you didn't know that when you have the officials for our county letting you know that there's some problems here. MR. ULLAH: Well, no. I'm not saying I didn't know that. MS. CURLEY: So when you took that violation certificate down, anybody who came in there that is actively licensed in good standing for this county jeopardized their license. So if one of your contractors, a plumber or whoever came in and installed things, you jeopardized their career by taking that down, because no vendor would walk in your house knowing that's posted. So it's very unkind for you to do that. MR. ULLAH: Okay. I reached out to them twice. I couldn't get ahold of them. I'm not going to sit around and wait for them when they just said alteration. Can they be a little bit more specific next time? Hey, we saw you doing this work. Can you pull a permit for A/C, electric, blah, blah, blah. Don't just say work -- it's a stop work order. Say, please, why don't they meet me at the site, and I can show them what I did. CHAIRMAN KAUFMAN: Did the Contractor's Licensing specify in particular the cabinets at all? MS. PULSE: They only specified gutted kitchen. CHAIRMAN KAUFMAN: Okay. And is that picture that they took where you see the center island there, is that the gutted kitchen? MS. PULSE: That is an island. CHAIRMAN KAUFMAN: Okay. I'm looking at that, and to me July 26, 2018 Page 35 that doesn't look like it's been gutted. It looks like -- MS. CURLEY: Look at the back left, that white piece right there. That's something -- not a cabinetry in place. There's no wall cabinets, there's no uppers. CHAIRMAN KAUFMAN: I understand there's no cabinets, and the respondent said he replaced the cabinets, so if -- MR. WHITE: That's a bathtub. MS. CURLEY: Okay. Here's a -- there's a bathtub, a jacuzzi bathtub sitting in the middle. You need a permit to set a tub. There's a brand new tub or an old tub there, so they either took a tub out or put a tub in. So, again -- MR. ULLAH: We replaced the tile. So in order to put the tile under the tub, you need to pull (sic) it in, pull it back up. Pull it up, put it back in. Same tub. MS. CURLEY: You still need a permit to reset a tub. MR. ULLAH: Oh, I didn't know that. I thought you needed a permit to replace a tub, not to reset it. MS. CURLEY: Set, to set. MR. ULLAH: No, no. It was already set. We pulled it out to put tile under it, put it back in. I didn't know that. CHAIRMAN KAUFMAN: Jeff? (The speakers were duly sworn and indicated in the affirmative.) MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Just -- I'd like to read two entries from Contractor Licensing in their case just to maybe clarify a couple things. The first entry is observe a new entry door, possibly new A/C unit, gutted kitchen, electrical work, also observed trailers and vehicles belonging to Marcia (sic) Construction. Posted stop work order. That was the first visit right there. The second entry states, "A meeting was set up with the owner of July 26, 2018 Page 36 the property. Owner was supposed to show me the interior of the property. Owner did not show up." And that was probably about six days after the original visit. So he's stated that he set up a meeting with you and you didn't show up. MR. ULLAH: I called him, left messages that I was running late. So by the time I made it there, he wasn't there. But calling them is calling, like, Jesus Christ. You can never get ahold of anybody. It goes to their voice mail. MR. LETOURNEAU: I can't speak for, you know, the phones or anything, but that's the entries of the investigator. CHAIRMAN KAUFMAN: What you said is a meeting was set up, you were running late, you called -- MR. ULLAH: Yes. CHAIRMAN KAUFMAN: -- they were gone when you got there, is that what you -- MR. ULLAH: And I called again to reschedule, but then going back and forth. We communicated three times, but just -- he called me, I called him. And as far as the Morca vehicles goes, he works for Morca. And the trailers are still there. They can go check them. And he lives on the property. MS. PULSE: I would also just like to clear up, like, he has tried -- he stated he has tried to call Renald Paul, who is our coordinator that helps people with permits, but hasn't had a return call. So he has tried to see what he needs a permit for, but it just hasn't been followed through. CHAIRMAN KAUFMAN: I tend to agree with Mr. Lefebvre that I think that it would serve everybody better if we had more information on this from the people who started the ball rolling on this particular property. MR. LETOURNEAU: That's fine. If you guys want to continue this to next month, we can bring it back. July 26, 2018 Page 37 MR. LEFEBVRE: To me, I don't think these pictures -- I don't think I have enough evidence with these pictures and not to have the actual person here that had the pictures taken, and that's why I asked if you have any pictures, which you do not. So I think bringing this back with the individual here to give us a better description would be the right thing to do. CHAIRMAN KAUFMAN: Yeah. When I look at that -- I didn't know that was a bathtub. I see all the jets on the side now. I thought that was a center island when I first looked at it, which would be a good place to wash your dishes, but I don't think that's the purpose. MS. CURLEY: Excuse me. I have a question. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: So we're on Painted Leaf, right? MS. PULSE: Yes. MS. CURLEY: So I see that the owner isn't you anymore. It's that not true? Did you sell this property? MR. ULLAH: No. They sold it to us. Kevin Lefcoe sold it to us. MS. CURLEY: On January -- MR. ULLAH: In January, yes, yes. MR. LEFEBVRE: That case was opened a couple weeks later. MR. ULLAH: Yes. So I can -- if I wanted to, I could just say I didn't do it. It was the previous owner, but I'm not like that. I did do the work. I just want to know what I need permits for. CHAIRMAN KAUFMAN: It doesn't matter if it's a previous owner. It's work done without a permit. That's -- so that wouldn't matter one way or the other. MR. ULLAH: That's what I'm saying. I just want to know what I need permits for so I can go take care of this. CHAIRMAN KAUFMAN: I understand that, and that's why I think that if you continue this and we have Contractor's Licensing here who are more familiar with exactly what the code is -- July 26, 2018 Page 38 MR. LEFEBVRE: And they observed what happened. What's the proper procedure in this -- in a case like this? We're midway through the case. Do we suspend it to next month, or do we -- MS. NICOLA: My preference would be if it was withdrawn and brought back at another meeting, because that just makes it cleaner and easier; otherwise, I think the Board would need to make a motion to continue it at this point. Because no motion's been made to determine whether a violation does or doesn't exist -- CHAIRMAN KAUFMAN: That's correct. MS. NICOLA: So you could say, you know, we'd like to make a motion to continue it for 30 days, or whatever you prefer. MR. WHITE: Are we allowed to weigh in, like, a partial violation, or is it full -- MS. CURLEY: Well, how about if somebody makes -- I mean, this is a board of six, so -- MR. LEFEBVRE: Seven. MS. CURLEY: So is it inappropriate for me to make a motion that a violation exists, or is that -- CHAIRMAN KAUFMAN: You can make a motion. You're a member of the Board. MS. CURLEY: There's more -- there's at least one violation here. MR. ULLAH: Look, I'm not denying there's a violation. Thank you. I just want to know what the violation is so I can go take care of it. MS. CURLEY: We're volunteers, and so you have access to all the paid professional people, and maybe it's time for to you -- MR. ULLAH: And I did -- I did ask her, what do you want me to pull the permits for? That's why this morning I met. Hey, what do you want me to pull a permit -- she couldn't tell me. So I don't know what do you want me to pull the permits for. I'm still asking right now in front of her. July 26, 2018 Page 39 MS. CURLEY: You're very confident, and then when you're informed that -- MR. ULLAH: Because I am a contractor. That's what I do for a living; that's why I'm confident. And I did the work, and I removed the sticker. That's why I'm putting my license on the line, because I know what I did. MS. CURLEY: It's not helpful if you -- you say you're a contractor, and then somebody informs you that you need a permit to replace cabinets -- (Multiple speakers speaking.) MS. CURLEY: -- and you say you don't know that. MR. ULLAH: No, I do know that, but they said electrical work and maybe A/C. You don't put a maybe on something. Either you did it or you didn't do it. MS. CURLEY: Well, it's your responsibility to prove that it didn't happen. You haven't done that. MR. ULLAH: No. What happened to innocent until proven guilty? Or now it's guilty until proven innocent? CHAIRMAN KAUFMAN: Hold on. Time out. Dee, you have something to say? MS. PULSE: Yes, I do. Basically, he was cited for alterations of a property, and it was confirmed by the building official and Contractor Licensing that a permit is required. He will be able to find out, in discussion and going through the permit process with Renald, what he'll need to permit. MR. LEFEBVRE: Well, the building -- he has not met with the building official that was there and took pictures. I think that the common ground would be here; that we know they would be able to meet here. And we can hear what he states he saw and what is in violation. So -- MR. ULLAH: Thank you. July 26, 2018 Page 40 MR. LEFEBVRE: I make -- well, I can't make a motion to withdraw this, but that would be my -- CHAIRMAN KAUFMAN: No. You'd have to ask the county if they wanted to withdraw it. And if you want to make a motion, you can make a motion. MS. CURLEY: Separate departments -- they're a conduit for departments. We've not required, you know, Contractor Licensing to be here before. Was any violation -- CHAIRMAN KAUFMAN: Yes, we have. We have. We have required Contractor Licensing. MS. CURLEY: Well, he self-reported that he took out base cabinets without a permit, so we have a violation. I make a motion that a violation exists. MR. ULLAH: Okay. Then make the violation for me pulling a permit for the cabinets, and I'm okay with that. I'll pull the permit for cabinets. MS. CURLEY: I just said make a motion that a violation exists. CHAIRMAN KAUFMAN: You're not allowed to make the motions. MR. ULLAH: Okay. CHAIRMAN KAUFMAN: Now -- MR. ULLAH: I'm sorry. CHAIRMAN KAUFMAN: -- would you repeat that motion that you made. MS. CURLEY: I make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Motion fails for lack of a second. Yes, Jeff? July 26, 2018 Page 41 MR. LETOURNEAU: The county would be, at this point, more comfortable for you guys to make a continuance until next month rather than withdrawing this case. CHAIRMAN KAUFMAN: Okay. Does anybody want to make a motion to continue this till next month? MR. LEFEBVRE: I make a motion to continue it till next month. MR. DOINO: Second. MR. LEFEBVRE: And what's the date of our next hearing so the respondent is aware of when our -- MR. BLANCO: That would be August 23rd. MR. LEFEBVRE: Will you be able to make it? MR. ULLAH: Yes. MR. LETOURNEAU: I'm sorry. What I will do, though, is make sure that Renald gets ahold of you, I mean, tomorrow, and we get this ball rolling so maybe we might not even be here next month if we can get this thing settled before then. CHAIRMAN KAUFMAN: That's fine. MR. ULLAH: That's fine. MR. LETOURNEAU: As long as you let, you know, the county in there to take a look at what's going on, and we'll figure out what needs to be done. MR. ULLAH: Thank you. CHAIRMAN KAUFMAN: Okay. Let me vote on Gerald's motion. We have a motion and a second to continue it till the next meeting. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. July 26, 2018 Page 42 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ULLAH: Thank you. MS. PULSE: Thank you. MR. OSSORIO: Good morning, Mr. Chairman. CHAIRMAN KAUFMAN: Oh, I know you. Yes, Michael. MR. OSSORIO: I just wanted to bring everything back in together. I have no issue with this. He's a respondent. He's here to testify, and we'll get him where he needs to be. But I can rest assured that this Building Department goes out of its way to help any applicant, any contractor. They're more than welcome to stop in that office. We're open, you know, eight hours a day. They can walk into Renald's office, walk into our office, and we can surely walk them down to the Building Department. It's pretty simple. Obviously, the pictures speak for themselves. But I just want to make sure the Board understands what we live in. When Contractor Licensing goes out and does their investigation, they work for the Building Official under his auspice. And what happens is that they do their investigation, Workers' Comp insurance, and licensing, and then if they determine that it was done by an owner, which it was -- he's a contractor, but he's the owner. So there is no payment, so he's not acting as a contractor, so he's acting as an owner. So the owner, they close out their case, and we get what's referred to Code Enforcement to make sure that the permit gets issued, and this is where Dee comes into play. The time to go ahead and contest the citation or the stop work order is called a BOAA, it's Board of Adjustment Appeals, if you didn't know that, and it's made up of contractors and the building official, and they get -- the contractor or the owner comes in, and they have a quasi-judicial board. They meet down at 609 in our building, July 26, 2018 Page 43 and they sift through the information. That is the time to really determine if they want to challenge the Building Official. Obviously, we heard testimony today that he removed the stickers from the new door. Obviously, a new door would require a building permit for the hurricane code. And, obviously, there's some electrical and plumbing being done there, too, as well. And there's an electrical code as to how many feet and how many inches you're supposed to be in a kitchen, whatever it is. And the GFI is very important for life safety. So those things will come into play, and we'll definitely talk to this owner or contractor in the next couple weeks. But I want to let you rest assured that when we do these investigations with the Building Officials, that he looks at all the applications or he reviews the notes and talks to the investigator. And so we'll do a better job communicating with you next month, so -- but there is an appeal process. So one of the things that you should ask in the future is that, yeah, you're contesting the stop work order, you removed the stop work order, you finished the project, and now you're asking and saying I didn't need a permit. Something to think about. CHAIRMAN KAUFMAN: Okay. It is not obvious to the Board or to members of the Board whether electrical work was done. The item on the air-conditioning, it might have been replaced. So there was a certain amount of questions that are up in the air, and I think that the fair thing to do is what we did. MR. OSSORIO: No, absolutely. I agree with you about the continuance, about pulling this case. I have no issue with that. But I wanted to let the Board know what the -- what we do in the background. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I just want to make a comment. July 26, 2018 Page 44 Thank you for your commentary. I appreciate your department's pictures. They're phenomenal, and they hone in on the specific possible violation, and we're able to determine relatively easily if there's a violation or not. But my issue with these -- with here is, first of all, the person -- Dee did not have any pictures herself, did not observe the violations herself. And the pictures were not that great. So it was hard for me to make a determination without speaking to the person that actually took the pictures to determine if there was a violation or not. So that was my issue personally. But I really applaud your department's pictures. They're very good, and they give a really good idea of what the violation is. MR. OSSORIO: Well, one of the things that we'll do a better job as communicating with the Licensing -- Licensing works for the Building Department. But the picture that you saw, the Building Official saw, and he actually put a little note and signed it. So whatever he determined for that picture, obviously, he knows his business, and he's into the building code. You folks are not. So we need to do a better job communicating and doing -- taking better pictures so you can make a determination in the future. So we'll work on that, and we'll get this applicant where he needs to be. But rest assured that that's how things work in the Building Department. And we always make contact. And our philosophy is is that we're trying to solve these issues before they get to the Code Enforcement Board, but -- and we'll move forward from there. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. BLANCO: Next item on the agenda, it's No. 4 from hearings, Item No. 5C4, Case No. CEROW20180004006, Luis Patino and Papadorelly, LLC. (The speakers were duly sworn and indicated in the affirmative.) July 26, 2018 Page 45 CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. PATINO: Luis Patino. CHAIRMAN KAUFMAN: Okay. Good morning. MS. RODRIGUEZ: Good morning. For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CEROW201800040006 (sic) dealing with violation of the Collier County Codes of Laws and Ordinances, Chapter 110, roads and bridges, Article II, construction in the right-of-way, Division 1 generally, 110-31(a): Dirt fill and culvert placed in the county right-of-way without first obtaining the Collier County right-of-way permit, located at 741 18th Avenue Northwest, Naples, Florida, 34120; Folio No. 37591520004. Service given on March 8th, posted property and courthouse. I would like to present case evidence in the following exhibits: B1 through B2 taken February 28th, 2018. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: Do you have any problem with the photos? MR. PATINO: No, sir. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: I have one picture -- CHAIRMAN KAUFMAN: Motion to accept the -- go ahead. MS. RODRIGUEZ: One picture and one aerial from Property Appraiser. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and second. All those in July 26, 2018 Page 46 favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. RODRIGUEZ: On site I observed dirt fill and culvert placed in the county right-of-way on unimproved property. I researched permit, CityView, and no permits were found. I have spoken to property owner on several occasions, but as of today violation remains. CHAIRMAN KAUFMAN: Is that the driveway to the road? MS. RODRIGUEZ: Yes, the driveway to the road. CHAIRMAN KAUFMAN: Is there a culvert under that dirt? MS. RODRIGUEZ: There is. CHAIRMAN KAUFMAN: And no permit was pulled? MS. RODRIGUEZ: No. CHAIRMAN KAUFMAN: Okay. And the other picture? MS. RODRIGUEZ: Is just an aerial showing where the driveway is. MR. LEFEBVRE: So there's no concrete skirt around the -- MS. RODRIGUEZ: No, it's all fill, dirt. CHAIRMAN KAUFMAN: Danny, you went out. MR. BLANCO: We're having some technical difficulties. CHAIRMAN KAUFMAN: Uh-oh. He's calling the important person. Okay. Good morning. July 26, 2018 Page 47 MR. PATINO: Good morning. How are you? CHAIRMAN KAUFMAN: Okay. MR. PATINO: I have some paperwork that I wanted to kind of give to you guys, if it's possible. CHAIRMAN KAUFMAN: Sure. MR. PATINO: Danny? So what I'm here to explain is, Papadorelly and myself, Luis Patino, went into business together in 2016. We purchased several properties in Port Charlotte and in the Estates. Given the circumstance -- well, obviously, some circumstances arose on the Papadorelly side which put me -- compromised my family and my situation as well. In the middle of -- at the end of first phase of construction on a specific property in Port Charlotte, he comes to me and he tells me, "I cannot continue to fund the project because I'm in the middle of a divorce" that he's been fighting for eight years, apparently. My world kind of flips upside-down. I'm like -- and then we had also -- we were -- our plans were to move fill into the property on 18th, start pulling the proper permits, which we had already done our DEP report, we had already done all of our due diligence to submit an application for permit. Right before that happens, he comes up with the story. It is true. He has been fighting a -- you know, this whole divorce thing with his wife. He settled about two or -- two months ago, I think. $380,000 he ended up paying the lady. Now, during that time, I had to subordinate -- I had to quit-claim deed the property in Port Charlotte to Oasis Builders so that I can acquire a loan with a different partner that I have. We acquired the loan after submitting information -- CHAIRMAN KAUFMAN: Let me stop you for a minute. MR. PATINO: Yes, sir. July 26, 2018 Page 48 CHAIRMAN KAUFMAN: Okay. It sounds like you're admitting that you did do this without a permit; you didn't get to that part yet. We have to -- just to explain what we do, at some point we're going to see if there was a violation or not. If there was a violation, we'll vote on that, and then after that happens, we will discuss what needs to -- what we need to do to remedy the situation. MR. PATINO: Correct. CHAIRMAN KAUFMAN: Okay. So without going into great detail, this paper that you handed to us is a piece that we should read before we vote on whether or not a violation exists. Okay? MR. PATINO: Sure. CHAIRMAN KAUFMAN: We don't have to go back to the beginning of time -- MR. PATINO: Okay. CHAIRMAN KAUFMAN: -- why someone got divorced or whatever. MR. PATINO: Okay. So in my defense, I owned the property. I said, okay, you know, let's just kind of put some fill so that we have a future, and that's what I did. That was my mistake. CHAIRMAN KAUFMAN: Okay. So what you're saying is that you did fill the swale? MR. PATINO: Correct, so that we can deliver some fill. CHAIRMAN KAUFMAN: So that you had access to the property? MR. PATINO: Yes, sir. CHAIRMAN KAUFMAN: Okay. So that was -- then that's the violation that we have in front of us. So at this point -- MR. PATINO: And so what I'm asking for, to move forward in -- CHAIRMAN KAUFMAN: Don't ask for anything until we've determined whether you're in violation or not, because if you're not in violation, you just say goodbye and have a nice day, so... July 26, 2018 Page 49 MS. CURLEY: I just have one question. So was there no -- there was no culvert access to that property when you guys acquired it? MR. PATINO: No, ma'am. MS. CURLEY: So this wasn't something that was broken that you filled? And so there was no -- MR. PATINO: No. I just kind of -- you know, we created it out of fill, put something so that we didn't impede the water flow, and just so that we could have some cross-through. MS. CURLEY: And there's no house on that -- MR. PATINO: Nothing. MS. CURLEY: -- it's just raw land. MR. PATINO: It's just land, raw land. CHAIRMAN KAUFMAN: Okay. So would somebody like to make a motion whether a violation exists, the violation being that a culvert and fill was put in without a building permit? It's kind of simple. MS. ELROD: All right. I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. WHITE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we're up to -- we caught up to you now. So do you want to July 26, 2018 Page 50 give us a couple of minutes to read this? MR. PATINO: Sure. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: This will have to be entered into the record. MR. PATINO: Sure. CHAIRMAN KAUFMAN: I knew this was written by a lawyer because it was two-sided and lots of words. Do they charge you by the word? MR. PATINO: They charged me by the sheet. MS. NICOLA: If it was single-spaced, it wasn't written by a lawyer. We make sure we double space everything so it will be 10 pages, not just three. CHAIRMAN KAUFMAN: Okay. I have read it. Okay. So we're at the point now where there's a culvert, it got filled in, and it wasn't permitted. Are you ready to pull a permit on this? MR. PATINO: And that's my -- that's the situation. CHAIRMAN KAUFMAN: Okay. MR. PATINO: It took us about six months to -- between quitclaiming the property in Port Charlotte to builders, going through the motions of acquiring a builder's loan, which that was very -- they, like, scrutinize you. They finally -- we finally got approved. We are now -- where he left off was that first phase of construction, slab and block. We're now where we're on the final -- we're at the finals of second phase, and we're moving into final phases of that individual house. We were hoping to finalize that property, sell it, use the proceeds on that property on Wilson off of 18th, on 18th Avenue. CHAIRMAN KAUFMAN: I'm waiting for you to get to the culvert. MR. PATINO: So what I'm requesting for is 12 months. And I know that's a lot, I know that's a lot, but it's put a strain on our July 26, 2018 Page 51 financials altogether, you know. It's got me in a hard spot. CHAIRMAN KAUFMAN: How much are we talking about to pull, A, the permit? MR. PATINO: That's, I would say, six months. That gives me plenty of time to be able to sell the house in Port Charlotte and file for -- I have all of the -- I have all the plans, the DEP report. Everything is ready to go. I just need time. MS. CURLEY: Okay. I have to interject something here. We're not concerned about the house and your business down the road. We're only concerned with fixing that culvert in the middle of hurricane season. MR. PATINO: Gotcha. MS. CURLEY: So I think you might be thinking -- you're trying to eat the elephant in one bite, and we're just asking you to take a bite and fix what you didn't, which you offended. MR. PATINO: Okay. I understand. MS. CURLEY: So pull that back a little bit, and it might seem like a little bit more attainable thing for you. Can he just remove that dirt and leave that property as it was? MS. RODRIGUEZ: He can, which I did suggest. MS. CURLEY: Because we just don't want to flood the neighbors, and that's the point of having -- MR. PATINO: If I pull a right-of-way, would I be able to furnish a cemented culvert? MS. RODRIGUEZ: Yes. MS. CURLEY: Those are the guys you talk to about that. MR. RODRIGUEZ: Yes. MR. LEFEBVRE: That's what I was going to ask is if -- you can have a culvert without a house, correct? MS. RODRIGUEZ: Yes. MR. LEFEBVRE: Okay. So just go ahead and pull the permit, July 26, 2018 Page 52 get it contracted to put the apron around the pipe, and get it -- CHAIRMAN KAUFMAN: Whatever the permit requires. MR. LEFEBVRE: Elevation -- you have to make sure your elevation's correct, too. MR. PATINO: I will do so. I just couldn't take action because the individual lives in France, Courchevel. So it's very hard -- communicating with a French person, it's turned out to be a nightmare. MS. CURLEY: Well, for a permit, one of the owners -- I don't believe you have to have both owners to do that. Worst case, just pull the dirt out of the way. (Multiple speakers speaking.) MS. RODRIGUEZ: There is another case on the same property. CHAIRMAN KAUFMAN: Hold on. One at a time. Say that again. MS. RODRIGUEZ: There is another case on that same property. CHAIRMAN KAUFMAN: Okay. We'll take that bite after we finish eating this one. So you will be able to -- MR. PATINO: I can furnish that. CHAIRMAN KAUFMAN: You can take care of this situation in some period of time. Why don't you give us an idea what period of time it would take. MR. PATINO: I'll knock it out in 120 days. CHAIRMAN KAUFMAN: So three months? Okay. MR. LEFEBVRE: Four. CHAIRMAN KAUFMAN: Four months. That's okay. You put the pipe in, that takes care of the water, and then you put the concrete on top of it. It doesn't rain every day. MR. LEFEBVRE: Well, you're going to have to have -- MS. CURLEY: It's been like this since February 28th. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Chances are, you're going to probably have to July 26, 2018 Page 53 get an elevation to make sure that pipe is at the right elevation because, if it isn't, then the water's not going to flow correctly. So you're going to have to hire a contractor to do this. MS. CURLEY: Even if some temporary -- something temporary is done to accommodate the water flow. MR. PATINO: Well, right now it does have -- it's pipe in there. I mean, I will follow the proper procedures to pull a right-of-way and furnish a concrete culvert, a concrete -- CHAIRMAN KAUFMAN: Right. Whatever the permit requires. Okay. And you can do that in 120 days? MR. PATINO: Yes. CHAIRMAN KAUFMAN: That's what you're saying. MR. PATINO: I have already been in communication with the engineer and all that. CHAIRMAN KAUFMAN: So -- MR. LEFEBVRE: We're looking at a recommendation. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So I'll make a motion, and the motion would be that respondent pays 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 the required Collier County right-of-way permit -- permits, inspections, and final approval to permit the right-of-way entrance or to removal all offending materials from the right-of-way and restore it to its original condition within 90 days of this hearing, or a fine of $250 will be imposed until the violation is abated. Respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate 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 July 26, 2018 Page 54 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. We have a motion. Do we have a second? MR. DOINO: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. This case is closed, okay. So you know what you have to do. You'll take care of that. Is there another case that we're hearing on this property as well? Okay. MR. BLANCO: Yes, sir. Next item on the agenda, it's Item No. 5C5. Case No. CESD20180003607, Luis Patino and Papadorelly, LLC. (The speakers were duly sworn and indicated in the affirmative.) MR. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20180003607 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) and 10.02.06(B)(1)(e). Site work, improvement of property, grading, and/or removal of protective native July 26, 2018 Page 55 vegetation ground cover and midstory plants by heavy machinery without a permit that would allow same. Located at 741 18th Avenue Northwest, Naples, Florida, 34120; Folio No. 37591520004. Service was given on March 21st, posted property and courthouse. I would now like to present case evidence in the following exhibits: B1 through B2, photos taken by me on February 28th. CHAIRMAN KAUFMAN: Have you seen the photos? MR. PATINO: I have, sir. CHAIRMAN KAUFMAN: Okay. It doesn't look like we're going to get to see them. MR. LEFEBVRE: Motion to accept. CHAIRMAN KAUFMAN: Hold on. We have pictures coming. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion? MR. DOINO: Yeah, 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PATINO: So in 2017 when we were -- we thought we were going to be moving forward. MS. NICOLA: Sir, can I ask you a question? Do you want the order, when they're done today, mailed to you on the 7808 Bucks Run July 26, 2018 Page 56 Drive address? Because you also have Mr. Pakiani (phonetic) listed. MR. PATINO: No. Yeah, 7808. MS. NICOLA: Thank you. MR. PATINO: So I did store -- I did transfer fill thinking that we were moving forward, so... CHAIRMAN KAUFMAN: Okay. MR. PATINO: I mean, I got stuck in the mix. CHAIRMAN KAUFMAN: Okay. And I think what the county is saying is that heavy equipment was used. You can tell by the tire marks. MR. PATINO: Right. We cleared the area where the house placement was going to go just to have -- and to be able to, you know, transport the fill there. And in the mix of all that -- we had our paperwork. We have all of paperwork. Everything's ready to go. It had 2017 year on it, but I'm getting it updated now for 2018 to be submitting. CHAIRMAN KAUFMAN: Okay. Hang on one second. We're -- I'm sorry. MS. RODRIGUEZ: That's okay. CHAIRMAN KAUFMAN: He's very anxious to speak. MS. RODRIGUEZ: On site -- I observed fill on site and some cleared vegetation. I have spoken to him on several occasions, but as of today the violation remains. They did remove some vegetation. It is still laying there. He hasn't pulled any permits -- of course, we know why -- so far. So we leave it up to you to see how much time. MR. LEFEBVRE: How much land did he clear, or how much land was cleared? Do you -- MR. PATINO: I would say just the area where -- really, just the entryway and where the house placement is going to be. CHAIRMAN KAUFMAN: How big is the lot? MR. PATINO: The lot is 2.27, and I didn't clear nearly not even July 26, 2018 Page 57 half an acre. MS. CURLEY: How long is the driveway, approximately? MR. PATINO: It's about 100 feet. CHAIRMAN KAUFMAN: 2.27 is, I think, 150 by 660, so -- MR. PATINO: It's a relatively small house. CHAIRMAN KAUFMAN: -- this is -- I don't know whether this is an acre or not. You're allowed to clear up to an acre. MS. RODRIGUEZ: It's not an acre. CHAIRMAN KAUFMAN: It's not an acre, okay. So as far as that clearing, that's not an issue right now? MS. RODRIGUEZ: No. Well, clearing in the sense that there's no house there. MR. LEFEBVRE: Right. If you pull the permit for a house, then you can clear up to an acre of land, but he hasn't pulled a permit. CHAIRMAN KAUFMAN: Okay. So let's start out by doing things in order. Does a violation exist? MR. LEFEBVRE: Make a motion -- CHAIRMAN KAUFMAN: Hold on. Before you do, we heard one side. MR. LEFEBVRE: Okay. Sorry. CHAIRMAN KAUFMAN: Now, get the next side. Did you clear it without pulling a permit? MR. PATINO: Yes, I did. CHAIRMAN KAUFMAN: Okay. So now, go ahead. MR. LEFEBVRE: I make a motion a violation does exist. MR. DOINO: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. July 26, 2018 Page 58 MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sorry to -- it's like herding cats. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: Hold on. There we go. Right off the presses. MR. LEFEBVRE: So once the permit's pulled for the house, this violation goes away. It doesn't -- no? You have to have a CO? MS. RODRIGUEZ: Well, yes. MR. LETOURNEAU: Yeah. Because if they don't eventually get the CO, then we're right back to square one with it being a violation again. So, I mean, yeah, if he would have pulled the permit in the beginning and did this work, there's no violation; however, he didn't pull the permit, he did the work, and we're at a violation status. To fix it you need to get a house -- you've got to get the permit and you've got to get a house and you've got to get it CO'd. Because if the CO doesn't occur, then it's still a violation. CHAIRMAN KAUFMAN: Okay. So we're to the point -- I'll try to help you on this, if I can narrow it down, is how long is it going to take to build a house; am I right? MR. LETOURNEAU: Or restore the property. I mean, there's two options. Obviously, he wants to do the house, but, yeah. CHAIRMAN KAUFMAN: Restoring the property, I don't -- I don't know how you'd even go about doing that. You're not going to vacuum the dirt that was spread there out, but I guess you could spread it out or so. July 26, 2018 Page 59 MR. LETOURNEAU: And then, you know, mitigate the vegetation that wasn't, yeah. MR. LEFEBVRE: Doesn't sound like -- MR. LETOURNEAU: No. CHAIRMAN KAUFMAN: Okay. We're to the point of what -- see, it's a hard time moving from one person to the next. So how much time do you think it will take you to pull a permit and then get a CO? MR. PATINO: And that's to my -- to the whole -- because of the circumstances -- CHAIRMAN KAUFMAN: Right. MR. PATINO: -- I need six months to -- we're at 70 percent of the other residential home, to use those proceeds. So I need 12 months, and that's really the truth. I mean, I would be planning on building in six months. MS. CURLEY: We like the truth here. MR. PATINO: Right. And, I mean, I can't sugar coat it. I mean, I can pull a permit in six months and start furnishing. CHAIRMAN KAUFMAN: What we would probably -- when you pull a permit, you have to have inspections, and you have to have inspections every six months. You're probably aware of all that mumbo-jumbo. But to show good faith that it's not just sitting there, if we were to grant the period of time where you pulled a permit, you started doing A, B, or C, and then you came back and asked for more -- MR. PATINO: More time. CHAIRMAN KAUFMAN: -- time, I'm sure the Board would entertain that motion at that time. We've done this in the past many times. So I think that's more or less where we are right now. MS. CURLEY: How about if we have him restrict any more work on that property by removing the dirt-filled culvert and then July 26, 2018 Page 60 letting him have this time to digest all of his financial hardships that he's dealing with. So if in 18 months or two years from now he doesn't have giant liens on his property, which is going to forego him from getting a proper loan, at least a regular loan, and then if he removes that dirt culvert, and then we manage it a little bit more efficiently. MS. NICOLA: We've already heard that case. We can't go back on that. So that can't be a condition of the new case. That would be improper. CHAIRMAN KAUFMAN: So -- well, he has heard that -- we've heard that case, and he knows what his remedy is there. He can do A or B. That's up to him. MR. LEFEBVRE: I'll make a motion. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.70, correct? Okay -- incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtaining an after-the-fact Collier County building permit for construction of a principal residence -- principal structure request, all related inspections, and obtain a certificate of completion/occupancy or must remove the fill from the property and restore property to the condition it was in before the fill was placed by submitting a mitigation plan and/or restoration plans that outlines in detail the number, location, and species of native vegetation which will be replanted within 270 days of this hearing, or a fine of $250 per day will be imposed until the violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, July 26, 2018 Page 61 and all costs of abatement shall be assessed to the property owner. Now, the other thing I might just want to add is maybe we'd want to put in there that the respondent would come back in front of us in a certain period of time to -- CHAIRMAN KAUFMAN: Give us a progress report. MR. LEFEBVRE: -- give us a progress report if -- CHAIRMAN KAUFMAN: Okay. You have a motion. Let's take care of that first, unless you want to add to that motion. MR. LEFEBVRE: Unless there's someone that wants to put in a time period, that he comes back in 120 days, and see what kind of progress there is. MR. DOINO: 120? CHAIRMAN KAUFMAN: Make it six months, 180. MR. LEFEBVRE: Six months. Come back in six months. CHAIRMAN KAUFMAN: All right. We have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: We've already talked about adding the six months for the review or to give you the opportunity to request additional time if things are slow or whatever. It's really to your advantage. MR. PATINO: Thank you. MS. CURLEY: I have a question just to -- CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: -- help me. Explain to me how long he has from today forward. CHAIRMAN KAUFMAN: He has nine months. MR. LEFEBVRE: 270 days, nine months. CHAIRMAN KAUFMAN: We can tell you you can construct a July 26, 2018 Page 62 baby in that amount of time, so you should be able to build a house. Okay. We have a motion and a second. All those in favor. MS. ELROD: Aye. MS. CURLEY: (No verbal response.) MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have nine months. After six months, come back to the Board; they'll schedule it. Stay in touch with Maria, and say, listen, I pulled a permit. I did this, that, or the other thing. It looks like I'll be done in some period of time. If you need more time, you can request it at that time. MR. PATINO: Okay. CHAIRMAN KAUFMAN: So -- MR. PATINO: I appreciate it. CHAIRMAN KAUFMAN: Okay. Thank you. MR. PATINO: Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral VI, old business, Letter A, motion for imposition of fines/liens, Item No. 6A4, Case No. CELU20170008971, DJ Price, LLC. CHAIRMAN KAUFMAN: After this case we'll take a finger break. (The speakers were duly sworn and indicated in the affirmative.) MR. SHORT: Good morning. For the record, Supervisor Eric Short, Collier County Code Enforcement. Hopefully, we can lighten the day a little bit. We have a property that's in compliance. July 26, 2018 Page 63 Okay. This is in regards to violations of the Collier County Land Development Code 04-41, as amended, Section 2.02.03, and the Collier County Code of Laws, Chapter 130, Article III, Section 130-96(a). Location is 2589 Terrace Avenue, Naples, Florida; Folio 61833080003. Description was recreational vehicles being stored on a vacant lot. Past orders: On January 26th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR Book 5477, Page 2435, for more information. The violation has been abated as of June 21st, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from March 28th, 2018, to June 21st, 2018, 86 days, for a total fine amount of $12,900. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing, $59.35, for a total of $12,959.35. And I believe the respondent has a request. MR. ERGOTT: Yes. My name's Gerald Ergott (phonetic). My LLC owns the property. It's in my IRA. I talked to Ms. Colleen Davidson quite a while ago about the situation. I was unaware that I was in violation after I tore the old house down. Apparently, if I left the old house there, it would not be in violation. So I was notified of that, and I told her I was working on the plans to build a new house. So she was very nice and gave me a lot of time to get that done. We had a couple setbacks, including the hurricane. I had damage. One of my trees hit my neighbor's dwelling next door. I'm still dealing with that. And I still have trees down on the property. So I got all that July 26, 2018 Page 64 taken care of. And I was unaware that I was in violation -- or that I had a fine accruing. They said they sent me a letter saying that you have to be in compliance by this date. I didn't know that. Last I spoke with Ms. Davidson at the end of last year, they had -- we had a discussion about do I -- am I allowed to have the trailers there or not while the house is under construction. And they had a little meeting, and she called me back and said, yeah, you're fine, because you have -- your permit's already in, you're okay. So, again, I was unaware that I had this fine accruing until I got a letter in June stating that you now owe 12,900, whatever, dollars. So I went in the very next business day, which was a Monday. I talked to Mr. Danny Blanco about it. And he's aware -- I've been in there several times since then. I immediately -- the problem was, I had a -- all the plans were in. I just -- it just hadn't been issued yet, and I had no idea that that was -- that it hadn't been issued. So the stipulation was that I had the plans in, I thought everything was fine, but it wasn't issued. So I had it issued that day, and the very next day I get the registered letter. I went and talked to Mr. Blanco. He explained what I needed to do, and I got it issued that day so everything stopped. So we had this fine there, and I had no idea -- I would never let that happen, but, you know, I don't do this for a living. I'm a commercial pilot for American, and I -- five stitches yesterday. I'm not really good with the construction. So, anyway. So I'm just asking if we could remove those fines because I was unaware of that, so I'm asking for your leniency on that. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. CURLEY: I'll make a motion to deny the county its request July 26, 2018 Page 65 of $12,900. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That means the fines have been abated. MR. ERGOTT: Okay. Thank you very much. CHAIRMAN KAUFMAN: Okay. And we're going to take a break; be back at -- 10 minutes. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Okay, Danny. What are we up to? MR. BLANCO: Next item on the agenda, it's Roman Numeral VI, motion for imposition of fines/liens, Item No. 6A5, Case No. CELU20160015397, G and E S Gonzalez Trust and Josue Daniel Gonzalez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. GONZALEZ: Daniel Gonzalez. CHAIRMAN KAUFMAN: Okay. July 26, 2018 Page 66 MS. PEREZ: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement supervisor. This is in reference to CEB Case No. CELU20160015397, violations of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Location is 102 South 4th Street in Immokalee, Florida; Folio No. 25581000009. Descriptions: An unimproved fold trailer operating parked on improved occupied commercial property. Past orders: On February 23rd, 2017, the Code Enforcement Board issued a finding 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, OR5368, Page 3583, for more information. The violation has not been abated as of July 26th, 2018. Fines and costs to date are as follows: Fines have accrued at the rate of $100 per day for the period from June 24th, 2017, to July 26th, 2018, 398 days, for a total fine amount of $39,800. Fines continue to accrue. Previously assessed operational costs of $65.01 have been paid. Operational costs for today's hearing is $59.42. Total amount is $39,859.42. CHAIRMAN KAUFMAN: Thank you. Good morning. MR. GONZALEZ: Good morning. CHAIRMAN KAUFMAN: You're here to? MR. GONZALEZ: That's the first I heard about 39,000. But, basically, everything's been submitted and resubmitted with all the corrections we made. I just had a long time trying to get with all of the July 26, 2018 Page 67 receivers. I had comments on the simple change, and -- CHAIRMAN KAUFMAN: I don't quite understand. What is a fold trailer? MS. PEREZ: It is a vendor trailer. MR. GONZALEZ: Concession stand. MS. PEREZ: Like a concession stand trailer. CHAIRMAN KAUFMAN: And the concession stand has been on that particular piece of property over a year? MS. PEREZ: Correct. Since the case came to hearing, it's been on the premises. CHAIRMAN KAUFMAN: Okay. And it still is there? MS. PEREZ: Correct. It's been relocated to the site that the owner intends to permanently leave it there, but it remains on site. MR. GONZALEZ: When I talked with the planners, they said as long as I designate an area for it, which it has been designated, and the first submittal of the plans, none of the comments were the food trailers. Everything else -- that was good, and they had other comments on the fencing and driveway. They wanted a walkway added on the front, and they wanted a street on the plan named public. They wanted to know how many feet the sidewalk was from the building. So I had to get with my engineer to make those corrections, send it back in. Everything's been resubmitted. I'm just waiting for the reply from the county. MS. PEREZ: If I may just add a little bit as a refresher, obviously, because it's been a year. The concession stand trailer was not permitted on the site plan of this flea market property. It allowed sections on the property for the tents but not this particular trailer. The case came before you. In order for him to allow the trailer to be there, he has to do a Site Improvement Plan insubstantial change. July 26, 2018 Page 68 The case came before you February 23 of 2017. The Site Improvement Plan insubstantial change was not applied for until January 17, 2018. The application itself was not completely -- was not completed when he applied for it, so it was rejected as insufficient. They reapplied for that Site Improvement Plan application January 24th, 2018, and then it was rejected again. The last re-submittal was just a few days ago, a couple weeks ago, on July 19, 2018. So there are three pending reviews left on the property. They're dated for today. I don't know that they're going to be completed today, but that is where we stand. So it's been seven months since it was initially applied for, but it took almost 11 months for it to be applied for from the hearing. CHAIRMAN KAUFMAN: Okay. And it's still in violation? MS. PEREZ: Correct. MS. CURLEY: Is the trailer operating as a concession stand? MS. PEREZ: To my understanding, it is. MR. GONZALEZ: When I spoke with the planner, he said if it's on the plans and it looks like everything's good, then I could to leave it there. That's why it's been left there. And where it's permanently on the plans that are suggested now, that's where it's at currently, and he said I would be all right leaving it there because his opinion was it was going to be approved. CHAIRMAN KAUFMAN: Well, I don't think we have any choice, since it hasn't been abated, to impose the fine. MR. LEFEBVRE: I guess, how close are you to getting this finally approved? MR. GONZALEZ: Like she said, as long as the last three reviewers are okay with the final corrections that were made, I should be approved. MS. CURLEY: So I have a question. So a year ago -- so you were aware that there was a daily fine accruing on this but you kept -- July 26, 2018 Page 69 did you realize that? That you kept that -- had you just moved that trailer off that property -- MR. GONZALEZ: It was moved from at the original location where it was to the proposed location where it's permanently suggested. Because it was outside in the parking areas, and we relocated it after we talked with the planner to where it's permanently proposed. So it has been removed or relocated where it's projected to be. And I'm just waiting on the final reviewers to go over the last corrections. And January, December everybody goes on vacation, Christmas, and that's why we had to wait till January to do it. MS. CURLEY: So how -- can I ask the county, so how long did it take from when this happened till he moved it to the proposed new legal site? Was it a month? Was it -- MS. PEREZ: I don't have that date for you, but the fact that he moved it from one location to the other doesn't justify or close the case out. The order said that he needed to abate the violation by using any method necessary to bring it into compliance, you know, whatever the county approved, which is the insubstantial change to the Site Improvement Plan. So that in itself -- like I said, it came to you February 2017, and it wasn't applied for until January 2018. MR. LETOURNEAU: And, Cristina, just to clarify, the application went in in January, correct? MS. PEREZ: Right, January 2018. MR. LETOURNEAU: And then there was something else done January, a revision? MS. PEREZ: It was rejected because it wasn't insufficient -- it was an insufficient application, so they resubmitted shortly a time after. It was rejected. After it was rejected, it was resubmitted again in January 24th, 2018. But from that rejection, it wasn't resubmitted for -- until July 2018. July 26, 2018 Page 70 MR. LETOURNEAU: And that came after the hearing notice went out -- MS. PEREZ: Correct. MR. LETOURNEAU: -- for this imposition? Okay. I just wanted to make sure that nothing was done for five or six months until the hearing notice came, and now we're here at -- maybe we might be abating it. CHAIRMAN KAUFMAN: We're not in any -- we're in the same situation as we were in January; it was submitted. It was submitted again. It was submitted again, and we're in the same position right now that we were in January, only the fines now are substantial. MS. PEREZ: And the reviews that are left on the property, you know, we don't know if -- or on the project, we don't know if they're going to be approved or not until, obviously, they're completed. One was for engineering, stormwater review, and the other was a fire review, and then there was an addressing GIS review. CHAIRMAN KAUFMAN: So we -- you know, we're in the same situation that we were in January when it was submitted. MR. LETOURNEAU: And we look at all these imposition cases. If we feel that, you know, the owner is making strides to come into compliance, we won't schedule it until we feel that they're not -- you know, they're not moving along. So we didn't feel that anything had been done in five months; we're going to schedule this -- we're going to schedule this. MR. GONZALEZ: As I -- the reason for the five months is trying to schedule time. I met with each reviewer face to face, and I wanted to make sure we had everything correct that they wanted on the plans. And then I had to get with my engineer, and he had to schedule it in his time, so I'm stuck between the reviewers of the county and my engineer and their time schedules and also my job and everything, so -- and I just got a -- and that's the reason it took forever. July 26, 2018 Page 71 MR. LEFEBVRE: The other issue I have is that we had an order in February of last year, and then it took 10 months, almost 11 months, to submit an SIP, and it just seems like there was a lot of lag time here knowing that he had a certain window. He had -- well, actually four months to -- MR. GONZALEZ: Well, the concession stand, after I spoke with the planner the first time, he told me if I designate an area for it behind the fence, then it would be fine, and that's when I relocated it. And then I've just been waiting for my engineer to get all the plans and everything and submit them, and then get the corrections, and then meet with all the reviewers and put everything together. MR. LEFEBVRE: And the last plans were submitted just about a week ago? MS. PEREZ: The 19th of July. MR. GONZALEZ: I got with the last reviewer the week prior, which was Brent. I can't say his last name. CHAIRMAN KAUFMAN: Okay. Anybody want to make a motion? MR. LEFEBVRE: What are you looking for? What are you asking? MR. GONZALEZ: I'm hoping with the last reviewers, if everything's good, next 30, 60 days it should be done. If for some reason they come back that, no, it's not approved, then the trailer -- I done talked with the guy that runs the trailer, that if it doesn't go through, it's coming out. So, like she said, there's three more reviewers scheduled for today. Hopefully I hear something back this week. Hopefully next 30 days it will be done and over with. MR. WHITE: The initial violation, wasn't he supposed to stop -- remove the trailer and stop operating it? MS. PEREZ: No. Unfortunately, it just said that he needed to July 26, 2018 Page 72 have a method necessary to come into compliance. MR. GONZALEZ: Which I've been working on trying to get everything correct, and a couple things got added that some of the reviewers wanted. MS. CURLEY: I mean, there's short-term methods and then there's long-term methods. We appreciate you, you know, wanting to do what you do, but that wasn't what we asked when we were here. Whatever the hang-ups and the processes that you've been through now aren't really any of our concern. The trailer should have been relocated or moved, and then you could have -- MR. GONZALEZ: I did relocate it. The planner said it should be good. MS. CURLEY: Not from the property, not according to the order, right? MS. PEREZ: No. And, just for the record -- I'm sorry, Mr. White, the order did say that he -- it was by removing the unauthorized trailer or, obviously, finding, you know, whatever the county would approve. What we didn't require him was to cease and desist operation. MS. CURLEY: So -- MS. PEREZ: So he had the option of removing it from February till June of 2017. MS. CURLEY: But instead moved it and then continued to operate it. MS. PEREZ: Right. He just relocated it where he wanted to permanently place it on his site plan. MR. GONZALEZ: And the reason I did that, the planner said that would be all right. MS. CURLEY: I'll take a stab at a motion. CHAIRMAN KAUFMAN: Before you do, I just want to point out that we could abate part of it or none of it. July 26, 2018 Page 73 MR. LEFEBVRE: Or we can continue it. CHAIRMAN KAUFMAN: Or all of it. MS. CURLEY: I think we've had -- I'm not interested in a motion for a continuance. CHAIRMAN KAUFMAN: Okay. What motion would you like to make? MS. CURLEY: I was just going to do a motion to confirm the fines of $12,900 on the case. MR. LEFEBVRE: Of how much? MS. CURLEY: $12,959.35. CHAIRMAN KAUFMAN: Okay. The total amount is $39,859. I mean, you can do what you just said. MS. CURLEY: I'm sorry. MR. BLANCO: Ms. Curley, I believe you're looking at the previous case. MS. CURLEY: I'm looking at a different revised version. I beg your pardon. CHAIRMAN KAUFMAN: Yeah. That's okay. MS. CURLEY: Sorry. CHAIRMAN KAUFMAN: We just have a different number for you, then. MS. CURLEY: Yeah. MR. LEFEBVRE: So do you make the motion? CHAIRMAN KAUFMAN: Are you going to make the motion or -- MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Make a motion. MS. CURLEY: I'll make a motion to deny the county the request of $39,800 but, rather, adjust that to $20,000. CHAIRMAN KAUFMAN: 28,000? MS. CURLEY: Twenty. July 26, 2018 Page 74 CHAIRMAN KAUFMAN: Twenty thousand. MS. CURLEY: Period. MR. LETOURNEAU: Just a reminder that the violation isn't abated and the fines are continuing -- CHAIRMAN KAUFMAN: That's correct. So it comes out -- it's 39,859.42 minus the 20,000; is that correct? MS. CURLEY: I cut it in half, basically. MR. LEFEBVRE: So are you saying that there will be no more fines? CHAIRMAN KAUFMAN: No, no, no. MS. CURLEY: No. MR. LEFEBVRE: You're cutting it in half, but the fines are still going to accrue at 150 -- or $100 a day? MR. BLANCO: Are we imposing, like, a penalty? I don't know if the Board would like to get your attorney's opinion. Are we imposing a $20,000 penalty and fines continue to accrue or -- MR. LEFEBVRE: That's what I'm -- CHAIRMAN KAUFMAN: I think what she's saying is she wanted to abate all but $20,000 of the fine at this time. MS. CURLEY: And continue. CHAIRMAN KAUFMAN: And the fines will continue until it is abated. Is that what you said? MS. CURLEY: That's exactly what I want. CHAIRMAN KAUFMAN: Okay. Do you have a problem with that? MS. NICOLA: No, sir. You're perfectly within the parameters to do that. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? I second the motion. Any comment on the motion? (No response.) July 26, 2018 Page 75 CHAIRMAN KAUFMAN: All those in favor? MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. LEFEBVRE: Opposed. MS. ELROD: Aye. CHAIRMAN KAUFMAN: So it's 3-2. MS. CURLEY: Has everyone voted? We've got six people. MS. ELROD: I opposed. CHAIRMAN KAUFMAN: You opposed, you opposed. MS. CURLEY: Aye, aye, aye. I'm for. CHAIRMAN KAUFMAN: And you're for. One, two, three -- 4-2. Okay. It passes. MS. PEREZ: I just have a question for clarification. Does the 20,000 include the operational costs for today's hearing of $59.42, or is that a separate? MS. CURLEY: I'm going to just leave that as separate. MS. PEREZ: So 20,000 plus the operational costs for today's hearing? Thank you. CHAIRMAN KAUFMAN: My suggestion to you would be when this thing is all approved, come back to the Board. MR. LEFEBVRE: He can't. CHAIRMAN KAUFMAN: He has to because there are going to be fines that are continuing to accrue. MS. CURLEY: He was supposed to not be operating a business, and so he is, and he's making money on this vendor and on this tenant, and the tenants are there selling food, or whatever they're selling, and they're making money at the expense of all of our county employees, July 26, 2018 Page 76 and so I dislike that. MR. LETOURNEAU: I think at this point, now that you've imposed a fine, it's out of this venue's hands, and it's at the -- you know, if anything's going to be done, it would have to be done at the BCC. MR. LEFEBVRE: Correct. Once we impose the fine, we lose -- CHAIRMAN KAUFMAN: Jurisdiction. MR. LEFEBVRE: Thank you. MR. BLANCO: Yeah. Our office has to wait three months, and then we'll forward that case to the County Attorney's Office, and then we'll make a determination how to proceed. CHAIRMAN KAUFMAN: Okay. We're done. MS. PEREZ: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Next item on the agenda is No. 6, Item No. 6A6, Case No. CEVR20170001173, KGB Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Joe, you're up. MR. MUCHA: Was it the case ending in 42 -- I'm sorry, 1173, right? CHAIRMAN KAUFMAN: Yes. 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 3.05.08(C), 1.04.01(A), 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-185(D) and 54-179. Violation location is 5327 Georgia Avenue, Naples; Folio No. 62093440000. Description of the violation is presence of prohibited exotic vegetation including, but not limited to, Brazilian pepper, java plum, July 26, 2018 Page 77 air potato, carrotwood, earleaf acacia, and Australian pine on an unimproved property not zoned Estates or agricultural located within a 200-foot radius of an abutting improved property. Also observed the illegal outside storage consisting of, but not limited to, manmade vegetative debris, televisions, cardboard boxes, chairs, a jet ski, tires, bottles, and other debris and trash. Past orders: On June 22nd, 2017, the Code Enforcement Board issued a finding 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, Book 5410, Page 3381, for more information. The violation has been partially abated as of July 3rd, 2017. Fines and costs to date are as follows: Part B of the order, fines have accrued at a rate of $50 per day for the period from June 23rd, 2018, to July 26th, 2018, 34 days, for a total fine amount of $1,700. Part C of the orders, no fines accrued. Fines continue to accrue on Part B of the order. Previously assessed operational costs of $65.36 have been paid. Operational costs for today's hearing is $59.35, for a total fine amount of $1,759.35. CHAIRMAN KAUFMAN: Joe, can you tell me what's been abated, what the "partially" means? MR. MUCHA: I believe the trash and debris that was on the property has been picked up. So it's just basically dealing with the exotics at this point. CHAIRMAN KAUFMAN: And what size property is this? MR. MUCHA: It's Naples Manor, so it's not like an Estates lot or anything. I don't know the exact, to be honest with you. CHAIRMAN KAUFMAN: Fifty by 100 or something like that. MR. MUCHA: Probably something like that. MR. BONITA: It's, like, a quarter acre, each lot. July 26, 2018 Page 78 MR. LEFEBVRE: Eighty by 125 probably. CHAIRMAN KAUFMAN: Yeah, okay. So your turn. State your name on the microphone, please. MR. BONITA: Kevin Bonita representing KGB Properties. Basically what had happened is I hired a contractor to start cleaning the land. After about -- you know, he started back in May to finish the clearing before the June date that I was due. He ended up -- I gave him a small deposit, and he ended up taking the money and -- you know, he worked there a few days, but he just took off and never came back to finish it. I have, since then, contracted another company to start. Their anticipated start date is within the next week. So I'd be asking for an extension to allow them to complete their work and get everything back in compliance. CHAIRMAN KAUFMAN: How much of an extension are you looking for? MR. BONITA: I'd say 60 days is fair just because they now have to still apply for a permit. I'm not -- possibly apply for a permit for heavy equipment and, you know, get the job done and inspected by the code enforcement. CHAIRMAN KAUFMAN: Do you have a plan for this piece of property going forward? MR. BONITA: Yes. I have already had the engineer drawings for the homes that are going to be built on it, so that's all in process. I finally received all the final drawings on Friday last week. So I'm still moving forward with the building process. MR. LEFEBVRE: If you were to get a building permit for this site, would that include the clearing at that point? MR. MUCHA: Yes, sir. MR. BONITA: Just for me, I'm not sure how long it will take to get a building permit. I'm new to the building with the county, so I'm July 26, 2018 Page 79 not sure if it will take months or weeks to get the plans approved for the house and, you know, get the building permit. CHAIRMAN KAUFMAN: It probably doesn't matter much whether you get a building permit for it or you clear it. You're going to have to clear it if you're going to build it, so... MR. BONITA: The thing is, I'd have to get a vegetation removal permit and a heavy equipment permit to clear the lots right now. If I have a building permit for the home, then I do not have to -- MR. LEFEBVRE: Right. MR. BONITA: -- do those, and I can clear the land 100 percent. Right now I can only clear non -- yeah, all the exotics. MR. LEFEBVRE: So what are you looking to do? Are you looking to get the building plans approved so you can go ahead and clear the lot? MR. BONITA: Preferably, that would be, you know, a better situation for me. I just -- I honestly don't know how long that takes. MR. LEFEBVRE: How long would it take to get a permit? MR. LETOURNEAU: I would say at least 30 days from submittal, yeah. MR. LEFEBVRE: But this -- the violation will not go away until the house is CO'd, correct? MR. LETOURNEAU: That's correct. But if he got the permit issued, he'd have a lot better leeway going into that property and removing the stuff because he doesn't have to get, you know, all the other permits. He'd have the building permit that would allow him to get the heavy machinery in there and take this stuff out of there. Because he could also remove some native vegetation along with it while he was doing it. CHAIRMAN KAUFMAN: So if we were to provide time, then he could make the decision of which direction he would like to go in. MR. LETOURNEAU: Correct. July 26, 2018 Page 80 MR. LEFEBVRE: I make a motion to continue for 90 days. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BONITA: Thank you. CHAIRMAN KAUFMAN: So you have, instead of 60, you have 90. So during that period of time, figure out what you're doing and do it. MR. BONITA: Okay. So then if I could -- would I be coming back in 90 days or -- CHAIRMAN KAUFMAN: If you get it done, you talk to Joe, and I'm sure you can work out not coming back. MS. CURLEY: Well, he's got fines. CHAIRMAN KAUFMAN: You have to take care of that -- when it's going to be. MR. LEFEBVRE: Right. But it won't be taken care of until he gets a CO. MR. LETOURNEAU: Well, I mean, he could get the building permit issued, remove the exotics, you know, and then have -- get -- we'll inspect it to see the exotics are gone, and he'd be good to go. July 26, 2018 Page 81 MR. LEFEBVRE: Oh, okay. MS. CURLEY: What about the fines? MR. WHITE: Can he remove exotics without heavy machinery? MR. LETOURNEAU: You can, but it would be very difficult. I mean, I haven't looked at the -- I haven't been on the property, but you'd have to get a vegetation removal permit, and it's only by hand at that point, and that's like chainsaws and walking through there and cutting everything down. Now, I don't know if -- you mentioned something about a heavy machinery permit. MR. BONITA: Yeah. There is, I mean, Australian pines in there that are, like, 60 feet tall. MR. MUCHA: Ain't getting those by hand. MR. LETOURNEAU: Yeah, it's not, like, something real easy right there. The building permit issued would be the best way to go so he can get on that property, get through the right-of-way, because he's got to deal with right-of-way access and all sorts of other stuff without that building permit. CHAIRMAN KAUFMAN: So ninety days. MR. BONITA: Okay. CHAIRMAN KAUFMAN: That should make things easier for you to decide what you're going to do during that period of time. MR. BONITA: Thank you. I appreciate that. MR. LETOURNEAU: Just to clarify, we're on continuance. CHAIRMAN KAUFMAN: Yeah. The fines continue to accrue until you get it abated. MR. BONITA: Okay. CHAIRMAN KAUFMAN: Then when you come back, if you want to request that the fines be reduced or abated or whatever, that's up to you at that time. MR. BONITA: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. July 26, 2018 Page 82 MR. MUCHA: We got the exact same issue for the next case. Lot right next door, same thing. He's the owner. MR. BLANCO: Next item on the agenda, Mr. Kaufman, it's Item 7, Item 6A7, Case No. CEVRVR20170004251, KGB Properties, LLC. CHAIRMAN KAUFMAN: Okay. (The speakers were previously duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: We can go through this all again, or you can make another motion. MR. LEFEBVRE: Well, we really do have to hear the case, because it's two separate cases. CHAIRMAN KAUFMAN: He has to read it into the record. MR. LEFEBVRE: If it's litigated, we need to have each case. MR. MUCHA: I can read it. For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with violations of the Collier County Land Development Code 04-41, as amended, Section 3.05.08(C), 1.04.01(A), 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-185(D) and 54-179. Violation location is 5325 Georgia Avenue; Folio No. is 62093400008. Violation description is presence of prohibited exotic vegetation including, but not limited to, Brazilian pepper, java plum, air potato, carrotwood, earleaf acacia, and Australian pine on an unimproved property not zoned Estates or agricultural located within a 200-foot radius of an abutting improved property. Also observed illegal outside storage consisting of, but not limited to, manmade vegetative debris, televisions, cardboard boxes, chairs, a jet ski, tires, bottles, and other debris and trash. Past orders: On June 22nd, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent July 26, 2018 Page 83 was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, Book 5410, Page 3385, for more information. Violation has been partially abated as of July 3rd, 2017. Part B of the order, fines have accrued at a rate of $50 per day for the period from June 23rd, 2018, to July 26th, 2018, 34 days, for a total fine amount of $1,700. Part C of the order, no fines accrued. Fines continue to accrue on Part B of the order. Previously assessed operational costs of $65.36 have been paid. Operational costs for today's hearing is $59.28 for a total amount of $1,759.28. CHAIRMAN KAUFMAN: Okay. Okay, Gerald, you're up. MR. LEFEBVRE: Is this the same as the last case? If you'd just -- MR. MUCHA: Yes. MR. LEFEBVRE: -- quickly summarize. MR. MUCHA: Correct. Same exact; they're just side by side. MR. LEFEBVRE: You're going to build a house on that, also, on both? MR. BONITA: Right. MR. LEFEBVRE: Okay. Make a motion that a violation does exist. CHAIRMAN KAUFMAN: No. This is the imposition. MR. LEFEBVRE: Oh, sorry. Sorry about that. Make a motion to continue for 60 -- or 90 -- 90 days -- CHAIRMAN KAUFMAN: Ninety. MR. LEFEBVRE: -- and operational costs in this case and the previous case paid within 30. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Lefebvre, so are you assessing operational July 26, 2018 Page 84 costs for both cases? MR. LEFEBVRE: No, no, no. CHAIRMAN KAUFMAN: He's just continuing it for 90 days. MR. LEFEBVRE: Right. MR. BLANCO: Okay. I thought I heard something about operational costs. CHAIRMAN KAUFMAN: You must have misheard him. MR. LEFEBVRE: Operational costs. CHAIRMAN KAUFMAN: No. It's going to come up in 90 days. MR. LEFEBVRE: Maybe I should not have did this one. CHAIRMAN KAUFMAN: We forgive you. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BONITA: Thank you. One question. Is there anything that I should be paying from now till the 90 days or just continue with my process? CHAIRMAN KAUFMAN: Why don't you get together with Joe after, and he'll let you know what to do. MR. BONITA: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. MR. BLANCO: Next item on the agenda, it's No. 11, Item No. 6A11, Case No. CESD20170008234, 11222 Tamiami, LLC. July 26, 2018 Page 85 (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the mike for us? MR. PURCIELLO: Yes, sir. My name's Steven Purciello. CHAIRMAN KAUFMAN: Okay, Steven. Thank you. Joe? 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, Section 10.02.06(B)(1)(a) and 10.02.03(B)(5). Violation location is 11222 Tamiami Trail East; Folio No. 60783240004. Violation description is a 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. Past orders: On October 27th, 2017, the Code Enforcement Board issued a finding 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, Book 5446, Page 3527, for more information. Violation has not been abated as of July 26th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from January 26th, 2018, to July 26th, 2018, 182 days, for a total fine amount of $18,200. Fines continue to accrue. Previously assessed operational costs of $66.27 have not been paid. Operational costs for today's hearing is $59.42 for a total amount of 18,325.69. CHAIRMAN KAUFMAN: Okay. As our -- as we've been following for the past 10 years that I know of, when the operational July 26, 2018 Page 86 costs have not been paid, we don't do anything but impose a fine. Okay. You haven't paid the operational cost; is that correct? MR. PURCIELLO: Yes. I'm actually the owner's representative on this situation, and we -- there was another case on this property that had since been resolved, and I think there was some confusion. And I don't (sic) apologize from the owner, but he paid operational costs for that. And I think because this, kind of, was in process -- and I didn't exactly follow what had been paid, but I brought a check in from him and gave it to Jonathan here. We were here for operational costs, so that may be my mistake. As the owner's rep, I do apologize, because I -- not to belabor the situation, but I took over as owner's rep. The owner purchased the building as nonconforming. CHAIRMAN KAUFMAN: Let me make it easy for you. Are you willing to pay the 66.27 today? MR. PURCIELLO: Immediately, yes, sir. CHAIRMAN KAUFMAN: Okay. That resolves that part of the problem. Okay. MR. PURCIELLO: Sorry. CHAIRMAN KAUFMAN: We get to the bottom sooner or later. MR. PURCIELLO: Sorry. CHAIRMAN KAUFMAN: Okay. So Joe has read the order into the record. MR. PURCIELLO: Yes. CHAIRMAN KAUFMAN: And you're here to? MR. PURCIELLO: Yes. If I could just indulge you for a second to take a big picture on this. When I took over as representative for this property, he had multiple issues, and his intent, as a new owner for the property, was to bring it into conforming status, and that required fire sprinklers, all kinds of issues. So it was a hornet's nest, if you will. So I helped him mitigate some of these things. In relation -- and, you know -- and he is in process and spent quite July 26, 2018 Page 87 a considerable amount of money to bring this building into conforming. This is one of the issues that's been outstanding. The permit was applied for, because the genesis of this issue was the dumpster, when he bought it, was in the wrong spot. So a neighbor or somebody called. And I don't know that he knew -- he may have not -- but I was able to obtain the original SDP, and it showed the dumpster in a different location, which I alerted the owner to that. An enclosure had never been built in the location where it shows on the SDP. And if you look at the way the property's angled, it's clear that it's basically in front of a loading dock, if you will. So we -- I spoke to Jonathan in the beginning. We applied for a permit, and we built a prototype, if you will, to kind of prove the point, just a temporary structure, and the county actually came out and, with Waste Management, and they could, in fact, not get their truck into where this space is supposed to be. So we basically provided an illustration. I let Jonthan know that. CHAIRMAN KAUFMAN: Jonathan Walsh, is that it? MR. PURCIELLO: No, Jonathan Musse. And we've been working closely on this and other problems at this property. We talk, unfortunately, once every two, three weeks so -- just to get this building the way it should. So, you know, we moved the dumpster, as we should have, into the proper location. We built the prototype just to show, you know, that it didn't work. The county, you know, sent somebody out. They, in fact, issued an email to the owner and said, Waste Management said it doesn't work where it is. So we speak to Renald, is it, several times. Basically, if we build the structure as the LDC, you know, mandates it, a 12-by-12 concrete structure, it's unusable with the loading area of this property. So we're in a stalemate. So Renald said, okay, let's look at an insubstantial change to the site development, and what would be involved there? July 26, 2018 Page 88 Well, the owner had a panic attack because you're imposing -- you know, we're accruing fines because Renald -- we had a conference call and explained how long that could take, so he panicked. And he said, I don't know what to -- so then he went dark on me for a couple weeks. He's in another state. I called him. I said, listen, no action is not an option. We have to do something. So he said, ask them if I can remove it, just completely, and we'll get rid of it. I won't have a dumpster. We spoke to Renald and Jonathan, and that's not an option. So we're down to Option C, which is put it where it belongs on the plan, and Waste Management's going to have to figure it out. So we've done considerable amount of, you know, due diligence on this. And being in a concrete structure, you know, as it's mandated, once it's in, it's in. So I just want to put it in the right place. And, as a caveat, the owner spent $30,000 to initiate on permits and plans and sprinkler pipe to bring this building conforming, and the sprinkler contractor went bankrupt and took the money. So we now have $30,000 of sprinkler pipe sitting on the property in a -- you know, in a container. So it's just been one thing after another. So I'm asking, basically, the Commission here to, if we can, give him some more time. His intentions are good. I know, because I'm the man on the ground here, and he's looking for options to do this right. He has to have a functional property people can get in and out of. But he said, listen, if that's where the county wants it and that's what we have to do, that's what we're going to have to build, and he knows that. I have a letter from an engineer he's contracted with that is, in fact, going to, you know, basically have a drawing for us next week for a concrete structure if that's what you guys decide, and he will move forward with it, and he'll have to deal with it. CHAIRMAN KAUFMAN: That wouldn't be for us to decide. MR. PURCIELLO: I understand. I meant the -- July 26, 2018 Page 89 CHAIRMAN KAUFMAN: That's the Building Department. MR. PURCIELLO: Yeah, I'm sorry, yes; yes, sir. MR. LEFEBVRE: Just like a case we heard regarding the food truck. You can get a Site Improvement Plan and move that dumpster to another location within the site if it affords it. And I do remember the case that you had in front of us. It was the pipes in a trailer on another parcel that he owned. MR. PURCIELLO: Correct, yes. MR. LEFEBVRE: But -- so he's trying to work through problems. But I think the other option would be to get the Site Improvement Plan. MR. PURCIELLO: I think the -- the issue, too, with this property -- and I know it's probably more of a complexity than it's appropriate here, but it's very narrow on the back, and for Waste Management to get in there, they have to back in to do this, and it's very limited on where you can put this. And in their letter, which I should get a copy for, they complained about having to go over roots and different things. So our options of where to place it are limited on this that would work for everybody involved. So it's not a question of if he wants to do it. It's where do you even put it, and the time involved. And I dealt with the insubstantial change just on, you know, some other issues with him. And, you know, Renald was honest with him about how much time that takes. And I think in his mind he's thinking, if I keep accruing these fines -- and he doesn't know what happens, you know, if we're going through that process for months at a time. But you're right, it is an option, and that's probably what he should do. But I think at this point he wants to just ask you, listen, if that's going to take too long and not acceptable, I'll put it, you know, where it's mandated starting tomorrow. MR. LEFEBVRE: But we want to see his progress. July 26, 2018 Page 90 MR. PURCIELLO: Understood. MR. LEFEBVRE: Whatever direction you go in, we want to see that there's progress -- MR. PURCIELLO: Understood. MR. LEFEBVRE: -- being made. MR. PURCIELLO: Yes, sir. MR. LEFEBVRE: So if we give you some time, we want to see that -- if it's able to be placed somewhere else, you're going through that process to do that. So, I mean, that should be something that should have been evaluated by now. MR. PURCIELLO: We did have several meetings with Renald to discuss that process, and with Jonathan, of what do we do and what would be involved in that. CHAIRMAN KAUFMAN: Let me cut to the chase. How much time are you looking for? MR. PURCIELLO: I have -- one pertinent question was, Option A is put it, you know, where it is on the plan, which we already have an engineer contracted to do that. If we did that, you know, between permitting and construction, 90 days is more than enough, you know, even with the review process, because now we know, you know, all the answers. If we went with the insubstantial change, that's a little bit of an unknown, and I wouldn't know how much time to ask for for that if we did that, so that -- I wouldn't be able to answer that question. What would we need to achieve that? CHAIRMAN KAUFMAN: Today. And I don't want to get into the mechanics of where you put it, how you put it, or whatever. MR. PURCIELLO: Right, right, right. CHAIRMAN KAUFMAN: You're requesting -- we're here to impose the fine or -- MR. PURCIELLO: Understood. July 26, 2018 Page 91 CHAIRMAN KAUFMAN: -- if you're asking for us to consider granting some more time, how much time. I can't -- MR. PURCIELLO: Understood, understood. CHAIRMAN KAUFMAN: So is it -- you mentioned 90 days. Let's just take a wild guess that it is 90 days and you decide to go in a different direction that's going to take 120 days or 180 days, you could come back after 90 days and say, this is what was decided, and this is the direction we're going to go in, and we're going to be done by such and such a date. MR. PURCIELLO: Understood. CHAIRMAN KAUFMAN: You can come back to the Board like that and also, with the accrued amount of fines, you can also ask, once it comes into compliance, for some mediation on that if the Board chooses to do that. MR. PURCIELLO: Okay. CHAIRMAN KAUFMAN: That's what the Board does. So I'm back to my original question: So how much time do you -- MR. PURCIELLO: And this is going to sound weird, but as the owner's rep I would like to motivate him to move quickly, and I would like to ask for 90 days. I'm afraid if I -- if we -- CHAIRMAN KAUFMAN: Give him too much -- MR. PURCIELLO: -- give him more than that, I'm going to be back here again. So let's give him 90 and get him moving. CHAIRMAN KAUFMAN: Okay. MR. PURCIELLO: If we can. MR. WHITE: For a dumpster, update your site plan, get site approval, get your building permit for the dumpster and construct it and see how -- MR. LEFEBVRE: Ninety days? CHAIRMAN KAUFMAN: Move your mike down a little bit. MR. PURCIELLO: Yeah, I couldn't hear completely. July 26, 2018 Page 92 MR. LEFEBVRE: Do you want to make a motion? MR. WHITE: I'll make a motion to -- for a 90-day extension and continue the fines to accrue. CHAIRMAN KAUFMAN: A continuance. MR. LEFEBVRE: Yeah. Extension stops the fines; whereas, the continuance, the fines keep on accruing. MR. WHITE: Okay. MR. LEFEBVRE: I'll second that motion. CHAIRMAN KAUFMAN: Okay. So we have a motion for a continuance of 90 days. Do we have 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PURCIELLO: Thank you, sir. CHAIRMAN KAUFMAN: Okay. Very good. Thank you. And we'll see you in 90 days, unless you happen to get it done in 30 days and you want to come back, you know. We'll be here. MR. BLANCO: Next item on the agenda, it's No. 13, Item No. 6A13, Case No. CESD20170002774, N-A Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. SEPANSKI: Thomas G. Sepanski. July 26, 2018 Page 93 CHAIRMAN KAUFMAN: Okay. And if you'd like to read the order into the record. MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. This is a violation of 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. A past order was 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 a rate of $100 per day for the period from January 2nd, 2018, to July 26th, 2018, 206 days, for a total amount of $20,600. 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. Operation costs for today's hearing, $59.42. Total amount: $20,000 659 -- let's redo that -- $20,659.42. CHAIRMAN KAUFMAN: When I look at this, I'm -- we had quite a few cases with pools. Is this the one where the temporary fence went up, and the permanent fence has not been completed; is that it? MS. PULSE: No. He did put up -- he does have a permanent fence at this time. CHAIRMAN KAUFMAN: So the partial, could you explain that. MS. PULSE: Yep. MS. CURLEY: Is this the pool that we don't have -- that there's July 26, 2018 Page 94 no permit for the pool -- (Multiple speakers speaking.) MR. SEPANSKI: Twenty-three-year-old pool that apparently nobody wants to work with. MS. PULSE: Yes. He did put up a temporary, and then soon after, he put up a permanent fence barrier. CHAIRMAN KAUFMAN: Okay. So this is, then -- there was no permit pulled to install this pool many years ago. MR. SEPANSKI: Correct. MS. PULSE: Correct. MS. CURLEY: Or no record of it. CHAIRMAN KAUFMAN: Okay. MR. SEPANSKI: That's correct, 23-year-old pool. And after the last meeting I was here, I called three or four pool guys. Nobody would work with the county and get this thing permitted. So I finally hired George, a contractor, George Seraros (phonetic), and he's working on it. He has the engineering done, the architect done, and he said it will be done in four more weeks. So this is a 23-year-old pool that apparently I have to now spend $5,000 to get permitted so I can get a piece of paper that says it's okay. So he says he will be done with it in four weeks. I just talked to him this morning before the meeting. He's talked to Dee. And he's talked to Renald. He now has everything done that needs to be done, so he's going to go in the next four weeks -- and get it permitted, inspected, whatever needs to be done. He said we'll be done in four weeks, so that's what we're waiting on. CHAIRMAN KAUFMAN: And you're asking for more time? MR. SEPANSKI: I'm asking for at least another month. I mean, again, I thought it would take -- last time I was told a couple weeks. Here we are. MR. LEFEBVRE: I make a motion to continue for another 60 July 26, 2018 Page 95 days. MR. WHITE: Second. MS. ELROD: Second. MR. DOINO: Second. MR. LEFEBVRE: Three seconds. CHAIRMAN KAUFMAN: Okay. We have a motion and three seconds for a 60-day extension -- a continuance, continuance. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SEPANSKI: Thank you. CHAIRMAN KAUFMAN: So the four weeks can -- MR. SEPANSKI: So if we get done earlier, Dee can just schedule a hearing to get this thing done and over with? CHAIRMAN KAUFMAN: Yeah, for our next meeting instead of -- MR. SEPANSKI: Right, instead of waiting two more months. CHAIRMAN KAUFMAN: In two months, you can do it in one month. MR. SEPANSKI: Okay. So if it gets done, obviously she'll get the permit approved or CO. MR. LEFEBVRE: But you want to come back and ask. July 26, 2018 Page 96 MR. SEPANSKI: Yes. No, if we get done, yeah, then I want to come back and ask for all the fines to be waived and get this thing over with and be out of here. I'm sure you don't want to see me again either. CHAIRMAN KAUFMAN: Oh, we like seeing you, so... MR. SEPANSKI: Oh, I -- MS. NICOLA: I like seeing you, too. MR. SEPANSKI: I've already wasted four days of this and, like I said, $5,000 to permit a pool that's been there for 23 years is not government friendly, to say the least. CHAIRMAN KAUFMAN: If you think that's expensive, a first wife is a lot more. MR. SEPANSKI: Oh, I have one of those, too, so if you want to compare notes... All right. MR. LEFEBVRE: Thank you. MR. SEPANSKI: Thank you. MS. NICOLA: How long do you want this meeting to go today, Bob? CHAIRMAN KAUFMAN: What? MS. NICOLA: You start talking about ex-wives. CHAIRMAN KAUFMAN: Ah, what the heck. I know that's your specialty. MS. NICOLA: For now. MR. BLANCO: Next item on the agenda is No. 14, Item No. 6A14, Case No. CESD20160007819, Manfred S. Dunker. (The speakers were duly sworn and indicated in the affirmative.) MR. DUNKER: Good morning. For the record -- CHAIRMAN KAUFMAN: Good morning. MR. SHORT: For the record, Supervisor Eric Short, Collier County Code Enforcement. This is regarding violations of the Collier County Land July 26, 2018 Page 97 Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 400 Oak, Naples, Florida; Folio 27581000007. Description: Demolition of interior Sheetrock, plumbing, et cetera, witnessed on May 10th, 2016, by Contractor Licensing investigators Ian Jackson and Steve Covacs. Past orders: On January 25th, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, OR Book 5359, Page 3958, for more information. On November 17th, 2017, the respondent -- respondent's motion for a continuance was granted. See the attached order of the Board, OR Book 5456, Page 1389, for more information. The violation has been abated as of May 4th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from April 26th, 2017, to May 4th, 2018, 374 days, for a total fine amount of $74,800. Operational cost for the finding-of-fact hearing, $64.59 have been paid. Operational costs for the continuance hearing of $59.35 have been paid. Operational costs for today's hearing, $59.56. The total fine amount is $74,859.56. And I believe the respondent has a request. CHAIRMAN KAUFMAN: Yes, sir. Can you state your name on the mike for us. MR. DUNKER: Good morning. My name is Manfred Dunker. CHAIRMAN KAUFMAN: Okay. This seemed to have gone on for quite a while. Can you give us -- I don't recall this case. It was cold out when we heard it, and it's gotten much warmer since. MR. DUNKER: This case started when I thought about remodeling the bathroom area in a house that I bought four years ago. And I was put in contact with a craftsman, I guess, who proceeded to July 26, 2018 Page 98 tell me that this work could be done without permits, and I fell for that line. He proceeded to do much of the work, you know. We were trading, basically, parts of the existing bathroom, moved showers from one side to another side, and -- so, anyway, the project went on. Eventually we were notified by Code Enforcement, when they saw the material in front of my house, that this was an illegal operation. The fellow who did the work was fined, and then we proceeded -- I proceeded as a builder/owner, essentially, from that point on. Unfortunately, I fell ill for a while. I was, you know, out of commission for three, four month, and so the work proceeded very slowly. Then last year, of course, we ran into the hurricane problem, so the whole thing has developed very, very slowly. In the end, what seemed to be a simple procedure cost a whole lot more money than what I originally expected and also took a whole lot longer. You know, it's a project that should have taken maybe three or four months. It took better than two years. And so I finally got it done in May of this year. We had -- and passed all the inspections, and everything was okay. And so I'm here today to plead my case and say that's a heck of a lot of money. The project cost was what, $15,000, and here we're looking at a fine in the range of five times the amount. The fellow who proposed to do the work was on permits to me (sic) was caught by Code Enforcement. I believe he was fined $1,000. So I am asking you for some abatement and substantial reduction of the fines to bring it more in line with the actual cost of the project. CHAIRMAN KAUFMAN: Okay. We have any comments from the Board or questions? (No response.) CHAIRMAN KAUFMAN: I do read on the bottom of the July 26, 2018 Page 99 document the gravity of the violation was low, and you've had no previous violation, and there are no other real relevant factors. MR. SHORT: That's correct. You know, just to follow up on Mr. Dunker's comments. Unfortunately, he was a victim of an unlicensed contractor. Thankfully we had that division that came in, provided some consumer protection. Unfortunately, it does get turned over to our department where, you know, unpermitted work was done, and we have to follow up with that property owner. The county has no objection to reducing or waiving these fines. MR. LEFEBVRE: I make a motion to deny the county's request for imposing the fines. MR. DOINO: Second. MR. WHITE: 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So the fine is abated. MR. DUNKER: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: You're welcome. Have a great day, sir. MR. BLANCO: Next item on the agenda is No. 14 (sic), Item July 26, 2018 Page 100 No. 6A15, Case No. CESD20170013903, Landy Pacheco. For this case, Mr. Chairman, we have the previous owner of the property, Antonio Brown, and the current owner of the property, Mr. Pacheco. CHAIRMAN KAUFMAN: Okay. So we'll swear everybody in, and then Dee can read the document into the record. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you guys state your name on the microphone. MR. PACHECO: My name is Landy Pacheco. I'm the current owner. CHAIRMAN KAUFMAN: Okay. MR. BROWN: I'm the former owner, Antonio Brown. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Good morning. For the record, Dee Pulse, Collier County Code Enforcement investigator. In violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06 (B)(1)(e). Location is 5400 26th Place Southwest, Naples, Florida. Folio is 36383840003. Alterations to the structure and no Collier County building permit obtained. Permit No. 2006020253 for a shed demo; did not receive a certificate of completion. And Permit No. PRBD20172061514, reroof; did not receive a certificate of completion. Past orders: On March 22nd, 2018, 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, OR5493, Page 3301, for more information. Violation has been abated as of June 19th, 2018. July 26, 2018 Page 101 Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from May 22nd, 2018, to June 19th, 2018, which is 29 days, for a total fine amount of $4,350. Operational costs for the finding-of-fact hearing of $59.42 have been paid. Operational costs for today's hearing, $59.56. Total amount: $4,468.98. CHAIRMAN KAUFMAN: Okay. Good morning. MR. BROWN: Good morning. MR. PACHECO: Good morning. CHAIRMAN KAUFMAN: I'm sure that you're here to say something, so now's your chance. MR. BROWN: Yes. We're trying to waive the fees. We tried to get it on time. But because the county's very busy right now and the contractors are busy, it took a little bit more than it was expected to do. But we have everything done, and the house's CO, and the new owner's already living in the house. MR. LEFEBVRE: I have a couple questions. Mr. Brown? MR. BROWN: Yes. MR. LEFEBVRE: You're in the contracting business, correct? MR. BROWN: Yes. MR. LEFEBVRE: I mean, you should have known that this would require a permit. MR. BROWN: Let me just give you one -- before you say that. When we bought the house, the house has already been in the process of remodeling, so there was already -- the shed was done in '99. So that permit was never closed. We bought the house after the fact, so there were some things that were already replaced without a permit. So there's nothing that we were -- we did pull a permit for the roof that was done, and then, basically, everything else was already done in the house, so that's why we have to pull the permit after the fact. So it was nothing that we do July 26, 2018 Page 102 -- we did before. MR. LEFEBVRE: And did you know going in that there was a case on this when you purchased the property? MR. PACHECO: No, sir. I was aware that they were trying to replace windows, but I was not aware at all that this hearing was pending since the previous time. MR. LEFEBVRE: So you had it under contract, you didn't know that there was a case -- open case on it, correct? MR. PACHECO: No, sir. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: The roof was done, and I assume that there were inspections that were done. MR. BROWN: Correct. CHAIRMAN KAUFMAN: But the final CO was not done. Is that what happened with the -- MR. BROWN: That's right, yeah. The roof was done with the permit and everything, but the CO for the house wasn't done. CHAIRMAN KAUFMAN: The final on the roof -- MR. BROWN: The final. CHAIRMAN KAUFMAN: -- on the roof was done? MR. BROWN: Yes. CHAIRMAN KAUFMAN: Okay. But the CO on the house was not? MR. BROWN: Correct. MR. LEFEBVRE: That's not what this says. CHAIRMAN KAUFMAN: No, I know. That says that the -- MS. CURLEY: Could we get some clarification on that? CHAIRMAN KAUFMAN: Yeah. On the sheet that we have it says that the permit number so and so ending in 151 for the reroof did not receive a certificate of completion. MS. PULSE: Right. It was expired. July 26, 2018 Page 103 CHAIRMAN KAUFMAN: That's for the roof? MS. PULSE: Yes, for the roof. The roof permit was expired, and then they got that reapp'd and CO'd. CHAIRMAN KAUFMAN: And did -- they CO'd the roof? MS. PULSE: Uh-huh. CHAIRMAN KAUFMAN: Okay. And then there was the CO for the whole -- MS. PULSE: Shed demo. And then the alterations as well. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MS. CURLEY: I'd just like to make a comment. CHAIRMAN KAUFMAN: Sure. MS. CURLEY: I appreciate the former owner coming here. We -- I've never seen that, and it's helpful for everyone, especially the new owner. We often don't know. So I'm thankful that you guys have come together. MR. BROWN: And just to clarify, when we pulled title, that's when we found out that the shed was -- there was an issue with the shed. It was in '99. We bought it years after that. So we have to deal with that, and that took a little bit of time to get that approved, so that was -- that was other issue that we even didn't know as owners. MS. CURLEY: I'll make a motion. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: I make a motion to abate the $4,409.56. CHAIRMAN KAUFMAN: Okay. You want to deny the -- MS. CURLEY: To deny the county's request for $4,409.56 fine. CHAIRMAN KAUFMAN: Okay. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MR. LEFEBVRE: The only discussion I have is that the previous July 26, 2018 Page 104 owner didn't notify the new owner that there were outstanding issues with the property. That's kind of -- MS. CURLEY: Well, he had it in his title search. MR. BROWN: Excuse me. One more thing. I did notify the realtor. So there was communications. I have emails and everything that there was communication between the realtor. I didn't -- this is the first time I meet the owner. MR. LEFEBVRE: The buyer. MR. BROWN: The buyer, excuse me. So I did communicate with the realtor. MR. LEFEBVRE: Okay. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. BROWN: Thank you very much. MR. PACHECO: Thank you. MR. BLANCO: The next item on the agenda, it's No. 8 from hearings, Item No. 5C8, Case No. CESD20170005992, Nancy Karras. CHAIRMAN KAUFMAN: Which one is this, 6A8? MR. BLANCO: 5C8. CHAIRMAN KAUFMAN: 5C8. Oh, we're going backwards. Okay. (The speaker was duly sworn and indicated in the affirmative.) July 26, 2018 Page 105 CHAIRMAN KAUFMAN: Have the record show that the respondent is not present. Good morning. MR. JOHNSON: Good afternoon. CHAIRMAN KAUFMAN: You know, you're right. I stand corrected. Okay. MR. BLANCO: Mr. Chairman, before the investigator proceeds, I would like to put the notice on the record. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Notice of hearing was sent via regular email and certified on July 13, 2018. Property and courthouse were both posted on July 11th, 2018. CHAIRMAN KAUFMAN: Okay. Have you been in contact with the owner of the property at all? MR. JOHNSON: Yes. CHAIRMAN KAUFMAN: Did the owner of the property know that we were having a hearing today? MR. JOHNSON: Yes, she did. She could not -- she said she could not attend. She is a school guidance counselor near Chicago, Illinois. CHAIRMAN KAUFMAN: Talk about a commute. Okay. Why don't you proceed. MR. JOHNSON: For the record, Investigator John Johnson, Collier County Code Enforcement. This is in reference to Case No. CESD20170005992 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), interior renovations consisting of, but not limited to, drywall, plumbing, and alterations located at 3615 Boca Ciega Drive, Unit 103, Naples, Florida, 34112; Folio No. 53700120004. Service was given on April 18th, 2017. I'd like to now present case evidence in the following exhibits: I July 26, 2018 Page 106 have one aerial photo. Just to point out to the Board that this is a condominium situation, multifamily, three story. This is a lower unit. Why is it not up there? CHAIRMAN KAUFMAN: Well, you have to -- MR. JOHNSON: Oh. CHAIRMAN KAUFMAN: Why don't you tell us all of the things that you're going to present. MR. JOHNSON: Okay. I have one aerial photo and 10 other photos. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the -- MR. WHITE: Motion to accept the photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: And second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You got your machine fixed. Thank goodness, right? MR. BLANCO: Yes, sir. MR. JOHNSON: Okay. So, again, this property is a multifamily condo situation. It's a lower-floor unit of a three-story condo. The next five photos were taken -- were taken by Investigator Joseph Norse from Contractor Licensing on March 17th, 2017. These will show -- and you can kind of just go through those, Danny. These will show the work that was in progress, the unpermitted work, I July 26, 2018 Page 107 should say, that was in progress on the kitchen and two bathrooms. That's a hot water heater area there. CHAIRMAN KAUFMAN: Electrical, plumbing. MR. JOHNSON: Yes, sir. Okay. That's more of a wider angle of the kitchen. All the cabinets are gone, sinks, everything. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: The next photo is the stop work order that was placed on this property on March 17th, 2017, by Joseph Norse from Contractor Licensing; stop work order. And then the last four photos I took yesterday. I gained legal access to this property from a neighbor, and the owner knows that -- the owner set me up with her so I could get in there. And most of the work was completed. You can see the kitchen. Go ahead, Danny. And the other side, cabinets, countertop. And then there were two bathrooms. You can see some tile is missing under that vanity. So there's little stuff like that that's not complete, but well over 90 percent of the work is completed. This case is a referral from Contractor Licensing, Case No. CECV20170004675. On March 17th, 2017, Joseph Norse, Contractor Licensing investigator, legally obtained entry into the property and observed ongoing interior renovation as shown in the photos. These renovations consisted of alterations to the kitchen, including floor, cabinets, walls, electric, and plumbing, and alterations to both bathrooms, including floor, walls, electric, and plumbing, and the replacement of the hot water heater. Contractor Licensing investigation determined that no licensed contractor was involved; therefore, on April 10th, 2017, this case was referred to Code Enforcement. Over the past 15 months, owner, Nancy Karras, has made several attempts at hiring contractors and obtaining building permits. To date July 26, 2018 Page 108 she has been unsuccessful. The last permit application that was submitted but not approved, PRBD20170831256, expired on April 29th, 2018, and, as of today, these -- the violations still exist. CHAIRMAN KAUFMAN: Were these violations, or the remodeling, if you will, caused by a bad water heater, a flood, or something? MR. JOHNSON: I inquired to that and, actually, the neighbor yesterday explained that there was a leak from the unit above, so this is -- you know, this is pre-Irma, of course. So there was a water leak above at a time when Nancy was not there. You know, she lives in Illinois. So there was a lot of damage. CHAIRMAN KAUFMAN: Okay. And who did the demo work? Did the -- did she let you know? MR. JOHNSON: No. Whoever was in there -- you know, there was a stop work order placed there. And I don't know if she switched people or what, but she told me again -- this is all, you know, in conversation with her, that the HOA referred her to the people they hired originally, and then when Contractor Licensing went in there and said, you know, these are not licensed contractors, then she went out after other people. But there's something missing there because, as you can see, the stop work order was placed right away and yet the work was completed. CHAIRMAN KAUFMAN: Probably by more unlicensed people. MR. JOHNSON: That I don't know. But she has actually applied for permits. This case was supposed to be heard two or three times in the past. One, it got canceled because of Irma. But there's been issues. She's had contractors. One guy got sick, and he stopped working. There was another one -- this last permit here, I don't know why, but they never completed the process, so it expired without being approved. July 26, 2018 Page 109 She's still working to get contractors. I spoke to her -- well, I communicated with her even yesterday via email. She thinks she has someone now, but it's gone on for a while. CHAIRMAN KAUFMAN: Okay. So to this day, no permit's been pulled. MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: The work was done. And my question is, does a violation exist? MR. DOINO: Make a motion a violation exists. MR. WHITE: Second. MR. LEFEBVRE: 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation does exist. And do you have a suggestion for us? MR. JOHNSON: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days and abate all violations by: One, must obtain any and all required Collier County building permits through certificate of completion or occupancy and/or must obtain any required demolition permits and return to originally permitted state through certificate of completion/occupancy within X amount of days of this hearing, or a July 26, 2018 Page 110 fine of X amount of dollars per day will be imposed until the violation is abated; and, Number two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any methodology 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. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Shoot. MS. CURLEY: Is the property lived in right now? It looks like it is. MR. JOHNSON: That's a good question. It is lived in but only by her when she comes down. So there's no one there now -- as of yesterday, there was no one there, and she's in Illinois. So she's -- the way I see -- the way it has been explained to me is she uses the property. MS. CURLEY: It looks like somebody's living there right now. MR. JOHNSON: I agree. CHAIRMAN KAUFMAN: Okay. You don't have a picture of another human in there, so it's hard to -- MR. JOHNSON: Sorry. MS. CURLEY: There's food on the counter. CHAIRMAN KAUFMAN: I understand. Now, what complicates this a little bit is this is not a case that can be done by affidavit because the owner of the property is the owner (sic). If it was somebody else who owned the property and you wanted to do the upgrades or the remodeling by affidavit, that would be July 26, 2018 Page 111 possible. But if you owned it when everything was done, you can't do that any longer. So we're down to, would someone like to fill in the blanks for the days and the amount of money? I mean, this has been going on for a long time. She needs to get a contractor in there to do what is necessary. MS. CURLEY: I have another question. The permit that you said was applied for but not followed up on, was that taken out by her or someone else? MR. JOHNSON: It has to be taken out by somebody else. This is a multifamily thing. She can't do it as owner/contractor. CHAIRMAN KAUFMAN: Commercial property. MR. JOHNSON: Yeah. MS. CURLEY: I'll take a stab at it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Could I just fill in the blanks, or do you want me to -- CHAIRMAN KAUFMAN: Absolutely. MS. CURLEY: Okay. Number one, I'm going to say 90 days and $100 a day. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Operational costs paid within 30? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Yeah, 59.56 paid in 30 days. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion 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. July 26, 2018 Page 112 MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Thank you, John. MR. BLANCO: Next item on the agenda, it's Roman Numeral VI, old business, Letter A, motion for imposition fines and liens, No. 12, Item No. 6A12, Case No. CES20170015783, DBM Marina, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. Good afternoon. CHAIRMAN KAUFMAN: Good afternoon. MS. PATTERSON: Yeah. CHAIRMAN KAUFMAN: As long as we don't have to say good evening, we'll be okay. MS. PATTERSON: For the record, Sherry Patterson, Collier County Code Enforcement. We're here dealing with the violations of Collier County Land Development Code 04-41, as amended, Section 5.06.11(A)(1). The location address is 3470 Bayshore Drive, Naples, Florida. The folio number is 48173280007, and the violation is an unpermitted canopy sign. The past orders: On March 22nd, 2018, the Code Enforcement Board issued a finding 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, which is OR5493 and Page 3308, for more information. July 26, 2018 Page 113 The violation has been abated. It was abated yesterday on July 25th, 2018. The fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period of June 21st, 2018, to July 25th, 2018, 35 days, for a total fine amount of $3,500. The previously assessed operational costs of $59.63 have been paid. The operational costs for today's hearing is $59.42, and the total amount is $3,559.42. CHAIRMAN KAUFMAN: Okay. Thank you. I remember this case. Why don't you tell us a little bit. MR. SHRIGLEY: Yeah. My name is Gary Shrigley with DBM Marina or Sierra Bay Marina. So we took over the property about 18 months ago. There was already, I believe, some lettering up on the canopy. So what we did is we took that down, we put our own lettering up there, and we continued to do that until we got the violation. Once we got the violation, because we were in planning to get our building permits, things took a little bit longer than expected. So, obviously, we were at the point where I took the signs down. CHAIRMAN KAUFMAN: Okay. That was part of the order, as I recall. MS. PATTERSON: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: You forgot to mention a hurricane. MR. SHRIGLEY: Sure, yeah. Well, it was all because of the hurricane. CHAIRMAN KAUFMAN: Okay. So it has been abated. We have the update on our desk. And you're here to? MR. SHRIGLEY: I'm here to try to abate the fees. CHAIRMAN KAUFMAN: Okay. The $3,559.42. MR. SHRIGLEY: That is correct. July 26, 2018 Page 114 CHAIRMAN KAUFMAN: Questions, comments, motions from the Board? MR. LEFEBVRE: Make a motion to deny the county's request for imposition of fines. CHAIRMAN KAUFMAN: Okay. We have a motion -- MR. DOINO: 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We made you wait until 12:19, but you got a good result. MR. SHRIGLEY: Thank you very much. CHAIRMAN KAUFMAN: Okay. Thank you. MS. PATTERSON: Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral VI, old business, Letter A, motion for imposition of fines/liens, No. 10, Item No. 6A10, Case No. CESD20170020080, LSF9 MSTR Participation Trust. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show the respondent is not here. MR. BLANCO: Mr. Chairman, I would like to put the notice on the record. Notice of hearing was sent regular mail and certified on July 13th, 2018. Property and courthouse were both posted on July 12th, 2018. July 26, 2018 Page 115 CHAIRMAN KAUFMAN: Chris, have you been in touch with the respondent at all? MR. AMBACH: No, sir. CHAIRMAN KAUFMAN: Has anybody from Code been in contact with them? MR. AMBACH: No, sir. At one point we were in contact with them, but they failed to move forward after their meeting with Renald Paul. They've done zero on that property, and that's why we're here today. CHAIRMAN KAUFMAN: Okay. Why don't you read the order into the record. MR. AMBACH: Okay. For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Location: 4070 29th Avenue Northeast, Naples, Florida; Folio No. 40064640000. Description: Alteration work to the interior of the main structure. Past orders: On May 24th, 2018, the Code Enforcement Board issued a finding 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, OR5519, Page 3604, for more information. The violation has not been abated as of July 26th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 24th, 2018, to July 26th, 2018, 33 days, for a total fine amount of $6,600. Fines continue to accrue. Previously assessed operational costs of $59.70 have not been paid. Operational costs for today's hearing, $59.28. July 26, 2018 Page 116 Total amount: $6,718.98. CHAIRMAN KAUFMAN: Well, the operational costs have not been paid. This is easy to do. The respondent is not here. MR. LEFEBVRE: Make a motion to impose. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion to impose and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: Appreciate it. Thank you. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Chairman, we are done with our new cases and impositions. Next item on the agenda is under your consent agenda. I'm not sure if the Board had a chance to review. It's a memorandum authorizing our office to forward four cases to the County Attorney's Office for foreclosure or collection. CHAIRMAN KAUFMAN: Okay. You want a motion from the Board? MR. BLANCO: Yes, please. MR. LEFEBVRE: Don't you get that motion through the consent agenda when we approve the agenda? July 26, 2018 Page 117 MR. BLANCO: To be honest, I'm not sure about the protocol on it. Last time we did one of these was back in October. MR. LEFEBVRE: Well, I'll make a motion to -- CHAIRMAN KAUFMAN: There you go. MR. LEFEBVRE: -- approve these cases to be sent to -- CHAIRMAN KAUFMAN: County Attorney. MR. LEFEBVRE: -- County Attorney, but I'm pretty sure by approving the agenda -- and this is on the consent agenda -- it moves forward unless someone has a question regarding one of these cases. 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. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: We always vote on this. CHAIRMAN KAUFMAN: We are done? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: We are adjourned. ***** July 26, 2018 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:25 p.m. CODE ENFORCEMENT BOARD I BERT ► MAN, CHAIRMAN These minutes approved by the Board on A u A3) Z 01 , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 118