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CEB Minutes 10/26/2018October 26, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, October 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 Robert Ashton Sue Curley Kathleen Elrod Gerald J. Lefebvre Ryan White Ron Doino (Excused) Herminio Ortega (Excused) ALSO PRESENT: Danny Blanco, Code Enforcement Specialist Helen Buchillon, Administrative Secretary 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 October 26, 2018 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Vacant, 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 proceeding s 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 MINUTES 3.1. September 27, 2018 Code Enforcement Board Minutes IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20180005203 OWNER: Deep Lake Ops LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Renovations of, but not limited to, window, exterior doors, air conditioning unit (HVAC), new heating and cooling duct work, toilets, showers, hot water heater, kitchen area with sinks and appliances, sheet rock, metal studs, electric rough-in with boxes, master breaker panel, roof repairs, non-fire rated doors, French doors, all without first obtaining the required Collier County Permits and approvals. FOLIO NO: 00982880005 VIOLATION 20201 State Road 29, Naples, FL ADDRESS: 2. CASE NO: CEPM20180007088 OWNER: William E. Marten OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof and Fascia damage. FOLIO NO: 82940040009 VIOLATION 3880 Skyway Dr. Naples, FL ADDRESS: 3. CASE NO: CELU20180004729 OWNER: N-A Properties LLC OFFICER: Delicia Pulse 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 130-95. Several dumpsters on the ground on the property, miscellaneous items being stored outside consisting of but not limited to, metal, wood, tables, inoperable vehicles. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln., Naples, FL ADDRESS: 4. CASE NO: CESD20180008387 OWNER: Viviana Escobar OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Kitchen and Bathroom remodels without a valid Collier County permit. FOLIO NO: 30980200000 VIOLATION 700 Valley Stream Drive Unit 104, Naples, FL ADDRESS: 5. CASE NO: CEV20180008337 OWNER: Michael A. Dewitt OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code Of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and inoperable vehicles stored on the property. FOLIO NO: 63405280006 VIOLATION 1072 Granada Blvd, Naples, FL ADDRESS: 6. CASE NO: CEAU20180009226 OWNER: Janice Masey OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(5)(b). Chain link fence with barbed wire for residentially zoned property. FOLIO NO: 01134080005 VIOLATION 15985 Janes Scenic Drive, Copeland, FL ADDRESS: 7. CASE NO: CESD20180005375 OWNER: SA Equity Group LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Installed a new metal building, with electric, on improved occupied commercial property. FOLIO NO: 63864280003 VIOLATION 114 New Market Road East, Immokalee, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. 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, Section 22-228(1) and Section 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: 2. CASE NO: CESD20150001965 OWNER: Fabricio Fernandez and Allison J Fernandez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Addition added to the existing structure without first obtaining the proper Collier County Building Permits. FOLIO NO: 36457240005 VIOLATION 5472 32nd Ave SW, Naples, FL ADDRESS: 3. 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 and plastic. FOLIO NO: 77214040009 VIOLATION 158 5th St, Naples, FL ADDRESS: 4. CASE NO: CELU20160010501 OWNER: Anthony V. Piccirilli EST OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), Section 2.02.03, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Unpermitted alterations to the carport structure resulting in residential use of industrially zoned property. FOLIO NO: 249120000 VIOLATION 1891 Elsa St, Naples, FL ADDRESS: 5. CASE NO: CESD20170010243 OWNER: Jean Jorhel Decembre and Yoland Jean Domond OFFICER: Maria Rodriguez 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. 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: 6. CASE NO: CELU20180001234 OWNER: Megan Gibson OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 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: 7. CASE NO: CESD20170004712 OWNER: IBO LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Converted part of the existing screened patio to an enclosed structure with electric and air conditioning without first obtaining all required Collier County Building Permits and approvals. FOLIO NO: 63866840001 VIOLATION 313 Nixon Drive, Immokalee, FL ADDRESS: 8. CASE NO: CESD20160020044 OWNER: Teresa Scoppettone OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations/alterations done to interior including but not limited to; kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets and tile work. Work done includes electrical, plumbing and structural. FOLIO NO: 46770280004 VIOLATION 1714 Kings Lake Blvd, Naples, FL ADDRESS: 9. CASE NO: CESD20170003341 OWNER: Eliseo Viamonte OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, As amended, Sections 10.02.06(B)(1)(a)(e) and (i). Alterations consisting of but not limited to: garage conversion into living space with full bathroom and a door installed in rear for private access, no Collier County Permits obtained. FOLIO NO: 36321920008 VIOLATION 5428 27th Ave SW, Naples, FL ADDRESS: 10. CASE NO: CESD20140011921 OWNER: Omar Otero SR and Liliana L Portillo OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permits for fencing and structures on the property. FOLIO NO: 39651600008 VIOLATION 4886 16th St NE, Naples, FL ADDRESS: 11. CASE NO: CESD20140017894 OWNER: Jose F Garcia OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Incomplete home. FOLIO NO: 40420400004 VIOLATION 2087 Desoto Blvd North, Naples, FL ADDRESS: 12. CASE NO: CESD20160020990 OWNER: A&B Web Ventures LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Screen enclosure removed prior to obtaining Collier County Permit(s). FOLIO NO: 33400000169 VIOLATION 408 La Peninsula Blvd, 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, 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: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE - FRIDAY, NOVEMBER 16, 2018 XII. ADJOURN October 26, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. If you have a cell phone, perfect opportunity to turn off the ringer. Notice: The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Now, if you'll all rise, we'll do the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. I guess everybody has gotten the minutes. Do we have any changes, additions, comments on the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, get a motion to approve? MR. LEFEBVRE: Motion to approve. MR. ASHTON: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. October 26, 2018 Page 3 CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We will now move to the agenda. MR. BLANCO: Mr. Kaufman, would you like for me to do a roll call? CHAIRMAN KAUFMAN: Sure. We might as well. Anybody not here raise your hand. No, no. Go ahead. MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Robert Ashton? MR. ASHTON: Here. MR. BLANCO: Ms. Sue Curley? MS. CURLEY: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. MR. BLANCO: Mr. Ronald Doino has an excused absence, and Herminio Ortega has an excused absence. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: So today Ryan will be a full voting member, for the record. October 26, 2018 Page 4 MR. BLANCO: Roman Numeral 5, public hearings, motions, Letter B, stipulations, we have one addition. Case No. CENA20180012534, Evergreen Trust. Letter C, hearings, Case No. 1, Case No. CESD2018005203, Deep Lake Ops, LLC, has been withdrawn. Number 4, Case No. CESD20180008387, Viviana Escobar, has been withdrawn. Number 5, Case No. CEV20180008337, Michael A. Dewitt, has been withdrawn. Number 6, Case No. CEAU20180009226, Janice Masey, has been withdrawn. Roman Numeral 7, old business, Letter C, motion for imposition of fines/liens, No. 8, Case No. CESD20160020044, Teresa Scoppettone, has been withdrawn. Roman numeral 7, new business, we have two additions, two emergency cases. First one, Case No. CEPM20180012643, Renault Cavens (phonetic) and Eddie Hunter. Number 2, Case No. CEPM -- CENA20180012534, Evergreen Trust, and that's all the changes. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the agenda changes? MR. ASHTON: Motion to accept the agenda changes. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. October 26, 2018 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: First item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter B, stipulations, one emergency case. Case No. CENA20180012534, Evergreen Trust. (The speakers were duly sworn and indicated in the affirmative.) MR. LEFEBVRE: That's not on our agenda, correct? MR. BLANCO: That's an emergency case that was added under Roman Numeral 7, new business. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: I see one for Judith Telfort. MR. LEFEBVRE: We have no paperwork on that; is that what you're saying? MR. BLANCO: What's that? MR. LEFEBVRE: There's no paperwork on this, correct? MR. BLANCO: It's on the -- you guys want to see the actual case file or the stipulation agreement? CHAIRMAN KAUFMAN: We're just looking for it here. If it's here, that's fine. If it's not, that's fine. We'll use the computer. MR. BLANCO: No. The emergency cases were added after the agenda was published. We do have the case files, but since they signed a stip, we just have the stip on the visualizer at this moment. MR. LEFEBVRE: All right. CHAIRMAN KAUFMAN: So the emergency case is on the screen? MR. BLANCO: Correct. MR. LEFEBVRE: Can you make that a little larger, please, for the seeing impaired, i.e., me. CHAIRMAN KAUFMAN: So, Danny, just to make a confused person unconfused, is this on our screens at all? October 26, 2018 Page 6 MR. LEFEBVRE: No. MR. BLANCO: No, just on the TV screens. MR. LEFEBVRE: Can you just give us a quick synopsis of the case, then? MR. MUCHA: Yes. For the record, Joe Mucha, Collier County Code Enforcement. This compliant deals with -- it's basically an abandoned golf course that we've had a lot of issues with in the past about being overgrown, not being maintained, and it actually -- the complaint came into the commissioner's office, so that's why we wanted to bring it -- MR. LEFEBVRE: Lakewood Boulevard, correct? MR. MUCHA: Yes, sir. MR. LEFEBVRE: We had a case couple years ago regarding a drainage ditch or something that the county went in and cleaned out because it was flooding streets. MR. MUCHA: Yes, sir. MR. LEFEBVRE: Very good, thank you. CHAIRMAN KAUFMAN: Okay. Do you want to read the stipulation into the record? MR. MUCHA: Yes, sir. For the record, again, Joe Mucha, Collier County Code Enforcement. I met with the trustee of the Evergreen Trust, David King, yesterday, and he agreed to pay operational costs in the amount of $59.33 incurred in the prosecution of this case within 30 days of this hearing; Number 2, to abate all violations by mowing or causing to mow all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches in height on this lot to a height of less than six inches within 14 days of this hearing, or a fine of $50 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 October 26, 2018 Page 7 hours of abatement of the violation and request the investigator perform a site inspection and confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. And I just wanted to say, the reason for the 14 days, I met with Mr. King yesterday, and he had had -- excuse me -- had a landscape contractor there with him, and the landscape contractor's kind of backed up, but he asked if I could give him 7 to 10 days, so we just figured we'll do 14 days just in case, you know, a couple days there extra. CHAIRMAN KAUFMAN: Okay. Any discussion on it? Don't forget to use your buttons. Oh, Gerald. MR. LEFEBVRE: All right. My mother lives in the neighborhood, and I drive by this property, and this is the first time it's only in front of us, but this property's been in this condition for many years. MR. MUCHA: Yes, sir. MR. LEFEBVRE: I think the $50 fine is a little bit low. I know that it's what it's agreed upon, and without hearing the whole case, we have to either approve this or not. But just personally I think the $50 is a little bit low. MR. MUCHA: The only reason I kind of went with that is because it's never actually been to a hearing as far as for the grass before, and Mr. King is actually new, the new trustee to this. He bought it from the gentleman, I guess, that had it before; sold off his part of the trust to him. So I'm kind of giving him the benefit of the doubt. And hopefully, with this new contractor, it's going to be maintained moving October 26, 2018 Page 8 forward. We'll see. I just want to get the adjudication. CHAIRMAN KAUFMAN: Okay. Just for the record, our buttons don't seem to be working today. You folks don't know what I'm talking about, but neither do I; no. We have little buttons that you push so I know who to call on to speak. So we'll do it the old way. Oh. That's a way. Would you like to say something? MS. CURLEY: Yes, please. So can you just tell me, so there's been no code complaints or anything about this up until now? MR. MUCHA: We've received several code complaints in the past. I mean, it just kind of got really bad, and that's the point where it reached the commissioner's office, and the commissioner contacted our office. But we've had over the years, I want to say -- I mean, numerous complaints. We actually brought it to a hearing before, and we were ready to prosecute it, and then the guy came up at the last minute and swore up and down he was going to cut it, and he did. And we didn't -- we withdrew the case. So we kind of gave him a stay of execution before, but this time I wanted to move forward with it no matter what. CHAIRMAN KAUFMAN: The individual knows that grass continues to grow, so even though you cut it now -- MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: -- it might be in need of cutting in the future. MR. MUCHA: Yes, sir. MS. CURLEY: So do you think in the future maybe asking for him to have a contract with this landscaper -- MR. MUCHA: That's what I think he's trying to set up now, and it was a reputable -- it was Renfroe & Jackson, which is a pretty reputable company in town. So I'm hoping that will -- MS. CURLEY: And that he gets paid? October 26, 2018 Page 9 MR. MUCHA: Yes, sir -- yes, ma'am. MS. CURLEY: Okay. Thank you. CHAIRMAN KAUFMAN: Any other comments on this? MR. LEFEBVRE: Make a motion to approve. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion. MS. CURLEY: Second. MR. LEFEBVRE: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. BLANCO: Next item on the agenda is Roman Numeral 5, Public hearings/motions, Letter C, hearings, No. 2, Case No. CEPM20180007088, William E. Marten. MR. MARCHAND: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the mike, please. MR. MARCHAND: For the record, Investigator William Marchand, Collier County Code Enforcement. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, everybody. Could you state your name on the microphone for us, please. MR. MARTEN: My name is William Marten. CHAIRMAN KAUFMAN: And you can put the microphone up October 26, 2018 Page 10 for you, and then you can put it down. MS. MARTEN: I'm Roberta Marten, and I'll be doing most of the talking, so the mike will stay down. CHAIRMAN KAUFMAN: We understand. Okay. The way this is handled is the county goes first and then you go. Okay. MR. MARCHAND: This is in reference to Case No. CEPM20180007088 dealing with violation of Chapter 22, Article VI, Section 22-231(12)(c) described as roof and fascia damage located at 3880 Skyway Drive, Naples, Florida, 34112; Folio No. 82940040009. Service was given September 4th, 2018. I would now like to present case evidence: Three photos of the property taken by myself on August 21st, 2018, and another four photos of the property taken by myself on October 25th, 2018. CHAIRMAN KAUFMAN: Okay. Have you seen those photos? MS. MARTEN: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to them being presented? MS. MARTEN: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the -- MR. ASHTON: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. October 26, 2018 Page 11 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. MARCHAND: As you can see from the photos, there's roof and fascia damage along the house. CHAIRMAN KAUFMAN: On that photo is that -- can you go back one notch. MS. CURLEY: Is that back DECRA? CHAIRMAN KAUFMAN: Yeah. Is that metal? Tile? What? MR. MARCHAND: I believe it's tile. CHAIRMAN KAUFMAN: Okay. That's over the lanai area? MR. MARCHAND: Yes. MS. MARTEN: I'm going to show you a drawing of the house, because it's very unique, and then you'll understand this kind of complicated picture. CHAIRMAN KAUFMAN: Okay. Fine. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Next picture? MR. BLANCO: Those are all the pictures. CHAIRMAN KAUFMAN: Okay. MR. MARCHAND: All right. Code Enforcement originally received a complaint on May 9th, 2018, from a concerned citizen in the neighborhood. Code Enforcement Investigator John Johnson made the first site inspection on May 10th, 2018, where he observed the damages to the roof and fascia. This case was transferred to me on August 21st, 2018, where I made my first site inspection and observed the damages to the roof and fascia. I spoke to the homeowner, Roberta Marten, the same day by telephone where she explained to me that she was still dealing with their insurance company for money on the damages to the home. October 26, 2018 Page 12 On September 4th, 2018, I made a personal service attempt with a notice of violation. As of my last inspection yesterday, October 25th, this violation still exists. CHAIRMAN KAUFMAN: Okay. Do you have any questions of the officer? MS. MARTEN: No, except I would say that the homeowner is William Marten. I am not the homeowner. I am the wife. CHAIRMAN KAUFMAN: Okay. MS. MARTEN: Just for the record. CHAIRMAN KAUFMAN: Okay. And why don't you tell us and show -- do you have any pictures that you want to present or -- MS. MARTEN: Yes. I was told we had plenty of time, but I have 40 pages, but they'll go quick, because you said 20 minutes. So I wanted to thank the Chairman Kaufman and the Code Enforcement Board for giving us this opportunity to respond to this notice. And I wanted to thank John Johnson who started and with William Marchand and all the staff members who've been helpful. Danny's going to help. He's going to put these pictures up on the board so you can see each of them as they go. We have -- where is the paperwork? We have eight inches of paperwork. I wanted you to see that we have not been doing nothing. That's all the paperwork to have to do with trying to get our house back to being our home. We have been homeless for a year. We have moved to seven homes. My husband is a building contractor, and kind people have given us a place to stay, or we have had to rent a roach motel. We will be moving for the seventh time tomorrow. And because we've used up nearly all our savings, we wanted to present to you what we hope: You will give us a little time in order to recoup a little bit of over a $300,000 loss. So, Danny, if you would start. Page 1. October 26, 2018 Page 13 MR. BLANCO: Mr. Kaufman, would you like to -- CHAIRMAN KAUFMAN: Okay. Has the county seen these exhibits? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: Do you have any problem with that? MR. MARCHAND: No. CHAIRMAN KAUFMAN: Okay. Take a motion from the Board to accept them. MR. ASHTON: Motion to accept. MS. ELROD: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay, Danny. MS. MARTEN: Okay. The pictures that William took were far better than any that I've been able to take. And when you were looking at them, it looked a little complicated. This is a -- basically a round house with an octagon living room in the center that raises up another, what, three feet -- MR. MARTEN: Three feet. MS. MARTEN: -- three feet above the circular tile roof. It comes up, and it's an octagon. So when you're driving by and you October 26, 2018 Page 14 don't even see that there's any damage to our home because the only place where that are tarps -- and there are now -- have been six roofs applied to that flat area. Bill, do you want to point the Board to that flat area. The insurance company put two on made of Visqueen which, as you know, Visqueen completely disintegrates within two and a half to three weeks. And you cannot put a tarp on a flat roof because it opens up in the sun and lets the water pour through. So in talking with the SBA, they told me to go and get a -- get tarps from billboard covers. So we went to Venice after researching; found a company there that donated billboard covers to people like us in the hurricane, and we went there and filled the car up, came back, Bill applied the final tarp, which is now our sixth roof, to the unit, and we gave the rest to the emergency people that we had contacted in Everglades City. We gave about a dozen. That was as much as our car could handle. So I just wanted you to understand it is this octagon part that is torn off. But the wind lifted the entire tile roof and set it back. So it's completely disconnected, but it doesn't leak. So nothing leaks. And also, you'll see that on the side that the neighbor is looking from, the roof comes right up to the tile like this, whereas around the front of the house we have the windows that you saw. They're on the southwest and north side, our windows, and then there's no windows in the back. Next one, please. Page 2. I'm just trying to set the scene here so you understand why there was even this complaint. This is our community, a photo from Google or whatever. Our house is the one -- the round one, obviously, and the neighbor who's made the complaint is the one next door. Please note that he bought that house with his lanai -- his living room and lanai looks directly on the side roof of our house. That is the house he chose to have a view that looks at October 26, 2018 Page 15 somebody's roof. Okay. And across the street, that house over there is our neighbor, and they -- I have letters attesting that we have been there every Sunday. My husband works six days a week as a builder. On the seventh day we go and we work on our house. Okay. Next page, please. This is the letter that the neighbor wrote on the second of May on my birthday. And if you read it on your computers, you will see that it's exceedingly vicious, as everyone would suggest, and a big issue was that he wanted a tree cut down that is on our front yard. Wing South -- how many of you are familiar with Wing South? Wing South is a condominiumized community, but we have single-family homes, and we live on a footprint, and 25 feet in front and back of our house is limited common element which you can put your gardens on or do whatever you like. Our house was an original model, and it has two beautiful magnificent oak trees that balance out the front landscaping. One of them -- I saw it. The one that's on his side, he's decided, because he has chosen not to carry any insurance for hurricanes anymore, that he wanted it cut down. The Board denied him cutting it down. They would not -- they would not cut it down. They said there's no problem with this tree. So now he's gone ahead, and he's trying to poison it by, he has directed all of the water from his entire roof area over to our house and to this tree, and I'll show you that ditch. So I wanted to just kind of let you see this is a vicious letter. And the next page, please. I wrote the Board right away. It took five days to respond because I am not good with the computer and terrible about getting pictures on things. So it took a while to get it together. But the first -- Page 4, that's just a start of a list, which I'll go over later, of the things we had done. And I had asked the Board, as we kept them in -- kept letting them know what we were doing, to please October 26, 2018 Page 16 let the community know. Would you send our letter out to the community, and they refused to do that. They said, if anybody wants to know, they should come up and ask you. So I wanted to eliminate gossip and wrong information, because in his nasty letter, he says it was abandoned and he told Investigator Johnson that our home was abandoned. He lives next door. He has seen us every Sunday. I think we've missed five Sundays in one year. And we always have trash cans out and yard waste out, da, da, da, da out there. So he knows. And the neighbor across the street will either -- take in the trash cans if my husband can't get back down there on Monday morning. So Page 5, please. This is more of our response that we gave to the Board outlining each of the ugly things that he's said. At the bottom of the page -- Danny, at the bottom of the page, I want you to see that was our house. Right after the hurricane, that pile, which is more than 20 feet long on the left, that is debris that we removed from our home and our area, and then some of the neighbors added to it as well. And on the right, that's when we started -- when we realized the insurance company wasn't getting their act in gear fast enough. And it says on your insurance you are to do everything to protect your home as much as you can from further damage. We took -- there's two there, and then two more Bagsters, and we took down physically -- he's 73, I'm 71. We took down, from 14 feet up, every inch of wet Sheetrock and all the molded insulation and had it -- and paid to send it away. Next page, please. So you can see on this next page in the pictures, that's -- in the center that's us going to Venice to go get the tarps. On the left, you can see the tarp sloppily put up there. That's what the insurance company did, and they had that Visqueen flapping off of all eight sides. And I said to Bill, we can't have that stuff flapping up there. The wind's going to catch it and take it off, because October 26, 2018 Page 17 on the roof you have a fascia about this wide that goes all the way around the eight sides. And so batten boards go horizontally. And what my husband did was cut off all the excess material so it's only the depth of the fascia so that it looked neat, and it wasn't caught by the wind. So this is letters -- like Roy said, in 22 years, we've never taken care of the trees. I went back and got a Signature Tree Company and Angels Tree. We had had it professionally trimmed twice, and my husband trims it. He's got a -- how tall is -- how long is your saw? MR. MARTEN: With an eight-foot ladder, you can probably get 30 feet. MS. MARTEN: So, you know -- and he's been trimming it for the 15 years I've been married to him. CHAIRMAN KAUFMAN: Let me stop you for one second. Let me explain the procedure, which I think needs explaining. After you testify, we're going to deliberate to see if a violation exists. If a violation does not exist, we will say goodbye. If a violation does exist, then we will try to come up with something time-wise, et cetera, to take care of the situation. So I think if you want to go through 40 pages, you can certainly do it. I think at least I have a pretty good idea of what it is, and there are literally thousands of homes in Collier County with tarps still on them, et cetera, et cetera. So we all got hit from the hurricane. We're aware of that. Okay. At this point, any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Okay. Hearing none, so if you want to continue, that's fine. MS. MARTEN: Thank you. I would like to. CHAIRMAN KAUFMAN: Okay. MS. MARTEN: Danny, if you would just, since two of my -- one October 26, 2018 Page 18 -- Page 10 was pictures like William had. Page 11, please. Knowing that my neighbor had an awful view of the side of the house all of his life, I planted this beautiful firebush that we allowed to grow 10 feet tall so that -- he's up at about five feet because he has a raised lanai. And so he has mostly a view of that rather than the roof. Next page, please. Just as a comparison, this is the clubhouse, and that is the shape it was in, looking like that mess, until just two weeks ago. That picture was taken in June, and he had no complaint about that, and he drove there every day to get his mail next door, but he -- you saw the pictures that William took, how neat our roof looks. So just -- okay. All right, please, the next page, No. 13. This is a timeline of the letter that Roy Myers wrote. He wrote it on the 2nd, and in the letter it says if he doesn't -- you know, if things don't work out, he could always go to the county commissioners. CHAIRMAN KAUFMAN: Let me stop you one second. The second of? MS. MARTEN: May. CHAIRMAN KAUFMAN: Okay. MS. MARTEN: Okay. Then on the 7th of May, the Board reviewed it, and they sent it by email to us. I wrote back and said it would take a few days for me to respond to this vicious mess, and you saw it took me two or three pages to do that. Then on the 9th, just seven days after he sent the letter to the Board, to our board of directors, he called the county enforcement. He did not give any time for anyone to respond. And on the 12th, just five days after we got the letter from the Board, we responded to their letter. So Roy Myers did not, in any good way, try to give the Board or us any opportunity to respond to his concerns. Next one, please. His response was, because he was angry, was October 26, 2018 Page 19 to dig this trench where he has now put a big pipe from his downspout in the middle of his house, bringing all of his roof water across and over to the corner of our property. And the tree is right there, and he's trying to drown it. And the arborist had told us and him that excess water would cause roots to raise, which they are, and the tree to die, and that is his response. Next page, please. This is a letter from -- at the top. This is from our neighbor across the street, Rich Lytle, and he is a board member for Wing South. And it says here that he thinks that the problems are a preference in landscaping. Our neighbor doesn't like any kind of plants. And he said that the Martens do come out every weekend and work on the place. And Roy Myers told your investigators that we had abandoned the house, and I just wanted that for proof of that statement. Let's go to Page 17, please. That looks like the same thing; sorry. Skip -- go to Page 19. This is a timeline. Any questions so far? (No response.) MS. MARTEN: Okay. This is a timeline of what we have done to try to be responsible citizens and get our home back, because all of you know that you would like to be in your home rather than moving dead people's clothes out of a closet so you have a little space in which to put your things to stay in somebody's house, and that we had to do. This is a timeline from the day after the hurricane of all the things that we have done. It includes the activities with the insurance company, it includes getting roofs, it includes spending seven hours at the FEMA and SBA with Tower Hill people as early as the 13th of September last year where they sent all the pictures from my phone because I didn't know how to do that, and so they sent them all in with a local representative of Tower Hill Insurance. So they had -- the insurance company had all this from their own local vice president from several days after the hurricane. And as you see, as you go through in sum -- we hired a public October 26, 2018 Page 20 adjuster on 10/25, because after a month and a half of not getting any kind of help from the insurance company and them giving us a new adjuster every two or three days -- when I would call, we had a new adjuster. We had five adjusters in one month and, of course, there were two other hurricanes that had just gone on, and they were all just scrambling. So we hired a public adjuster, Keys Claims. It was recommended by some people who know who's doing what. That's going to cost us 35- to $40,000. And we went through -- and I wanted to show you that we went ahead and immediately got estimates from every single contractor that we would need to put that house back together, and I think that shows you -- if you would go on to Page 20, since I don't have it -- that we have tried very hard to get our house back and to do everything. And on Page 20, which somehow the copier didn't get there -- but we've even gone to -- we got our survey and elevation in preparation of our permit. We had that in January. We had to get engineers. We had to get an architect, because the homeowners association doesn't want flat roofs anymore, and it has to be architecturally changed to a pointy roof, so we may have to hire an architect and an engineer with your own funds. That won't come under anything from the insurance company. Now, we've also gone to looking at demolition, and we've gotten demolition costs as well. I think -- is that the end of it? Is that the last one? Because I don't have that page. Okay. And then the -- most recently we just paid the Umpire. When you use a public adjuster, you start with -- your public adjuster turns in all their paperwork, and on the timeline -- that was about -- she was hired in October. March was when that went in. Then they couldn't agree to anything there, so the next thing is appraisers. And the appraisal -- the appraiser was in -- I don't see when the appraiser came. Anyway, the October 26, 2018 Page 21 appraiser came a few months back, and then that didn't work. They couldn't negotiate anything. They were still $125,000 apart, as though we had somehow inflated all these prices. And then you go to an umpire, that's another name for an arbitrator, as you all know, in the insurance industry. That person arrived on September 4th. They gave us only, on October 11th, just a couple of weeks ago, what they say they're going to give us, but I can tell you gentlemen and ladies, until I see that check and it cashes, I'm not going to believe what they say they're giving us. But be that as it may, we have, I think, done everything we can. Next page, please. I didn't notice on this notice of violation, one of the things it said was to maintain the roof in a safe manner with no defects that might admit rain or cause dampness in walls or interior portions of the building. That house has had a solid roof on it, six, and now the one my husband put up is the only one that's been rain proof, and it has been dry for many, many, many months, and it does not provide anybody with any kind of dangerous places. Okay, next. We did attempt and got an SBA loan. It took us one year, and it cost us $900 in doc stamps, because it's a mortgage. The goal was that we could use it maybe for a place to live, or we could use it to start the house. But the second page, if you'll go to the next page, very clearly says, and it's underlined, "You must demonstrate the availability of any additional funds needed in excess of this amount in order to build your house back. So you cannot use the SBA money until you prove from your insurance company or other forces that you have all the money needed." We did not have all the money needed. Our estimate for our house is $470,000. The first insurance person came in and said it was $11,000. And there has been no additional damage since their visit. We had one roof put on by them in Visqueen for $1,000. Then when they came back and put the second one on, they charged the October 26, 2018 Page 22 insurance company $2,000 for the exact same roof, and then they didn't even tie it down on the east side, so it blew away. And so that became up to $14,000. There is a huge difference between 14- and 470,000, and that's why we are working. So I wanted to show you we went ahead and spent the money to get an SBA loan. Nobody at SBA told me we couldn't use it the way I said we wanted to. Next page you can skip over. Page 25. All right, we have already seen that one. That's just a picture. You see the front of the house. At the top there's just a one-foot fascia and then below it is windows on this side in the front, and that was a picture taken when all the blue tarps were hanging. And my husband went back, and he trimmed them off because we wanted them to look as neat in the community as possible. So nothing is below the level of the fascia boards. Next, please. I just wanted to prove to you that we had signed a letter of agreement with Keys Claims, and this is our letter hiring Keys Claims just as soon as they could get there. Next, please. This is the quality of the roof that the insurance company put on. It is blowing in the wind, because when my husband went up there when I said there's some strange noise in the house when we got there Sunday, they didn't tell us they came back and put this one up. He went up there, and he said, well, they ran out of batten boards on the east side, so they just left it half loose, and that's the wind billowing it up. So my husband had to go up there and batten that down. But Visqueen only lasts two-and-a-half to three weeks, and then it disintegrates completely. I don't believe we've picked up a yard of flat Visqueen off two roofs. Everything else has disintegrated to powder. Next, please. This is a letter from Keys Claims Insurance, and we were asked what's the time frame. And so in this letter dated May 11th, they indicate that it would probably take at least till November October 26, 2018 Page 23 for the insurance company to get us some money, and it also says that it should take maybe six months to a year and a half to rebuild the house given the fact that the contractors are so busy, and now with the new hurricane that's just gone through in North Florida, you will see a lot of contractors from here going up there. Next, please. This is just a letter to show you that on July 12th we did let the Board know, and we have let the board of directors know on a regular basis what we've been doing and updating and asked them -- and this is to prove -- I asked them to please send it to the whole community to try to eliminate any other people. What they have told me, there is no one in the community who has complained about our house except for the next-door neighbor. Next, please. This is just to prove to you that we did get what we said, and that was a survey. I just did a part of the survey so you can see we have the legal survey, and we also -- the next page -- had an elevation certificate done, both of those in expectation of getting a permit to rebuild our house. Page 32, please, next. This is the insurance company timeline, and this our interactions with the insurance company. We called them on November 11th -- September 11th. We were one of the few areas that had cell phone use. We sent them all the photos through their staff members that were out at New Hope Church at the disaster center on the 13th, so they had over 100 pictures that I had taken, because our ceiling started to fall in, and it would have killed us if we had been sitting in the chairs below it, and then all the artwork started falling off the walls because it was 100 percent soaked walls. They sent the estimator on November 17th, and he said it was 14 -- totaled out at $14,379 when our estimate from Keys Claims is 479,000. Then we had the appraisal done on 6/26 when they send an appraiser estimator, and Georgia Keys of Keys Claims represents us as October 26, 2018 Page 24 our appraiser. They could not get together on some sort of agreement, so then we went to the umpire, which was September 4th, and his decision has come to us on the 11th of this month, but we still have seen no money. Next, please. This is an email -- a text message from a person that they sent -- Joe whatever his name is. He was supposed to be a Tower Hill certified preferred roofing inspector. This email -- it's a text message -- basically that says that he can get our roof done in a week or two for 88,750. What it doesn't say is that he said it would cost about $70,000, and at the bottom he says, tell the Martens to play ball, and everyone wins. He wanted to split the $17,000 with us. He will, when we're all done, get turned into the state because this is fraud, and he's doing this with hundreds and hundreds of families. So we have been subjected to fraud along the way and to estimates by their estimators of ridiculous numbers. Okay. Next page, please. These items will show you the progression of money. This is the first estimate and Tower Hill saying that our deductible was larger than our loss, so we're at a minus $102. If you go down to the next one, this is the last page of a 34-page estimate done by Keys Claims, and it shows $479,331, final total estimate. Then if you go to the next page, this is what was just sent to us on October 11th, and all along we have had to wait for the money because the piggy bank is empty, and we can't afford to get a permit for X thousands of dollars for a roof that's going to be in the -- now probably 90- or $100,000. This shows that they will send the money, and they say it's going to be 359,000. That's our expected payment. Next, please. This is a financial evaluation now. You know, we didn't have an attorney, and we don't have an accountant, and I'm neither, so I did the best I could. But this is a financial explanation that October 26, 2018 Page 25 I hope will make it clear why we're going to ask you for what we ask. The potential payment is the 359,000, as you can see. Keys Claims will get their 10 percent. Then we had to pay the umpire out of our pocket, and then there are other bills we've paid out of our pocket, which includes the forensics scientist that we paid, the company that inspected the doors and windows. I forget all these other people that we've paid. So that made a $310,000 remaining. Now, if you look at the estimate on the right, the repair estimate's 479-, the insurance remainder is 310-. That's a loss of 168,600 that we don't have to pay for repairs. So then I went down to the next option is to tear the house down because there's not money to pay for it. So I took that amount, I paid off the mortgage is the next line. Then the personal loss which is furniture we don't have anymore and clothes and housing, and that's $40,000. That was the amount estimated. The demolition amount that we got from demolition companies, about 25-, maybe 20-, it just depends on what they find. So -- and then to this disinfect -- and we have an estimate to disinfect, pack, move, and unpack and store our belongings for approximately six months at $32,000. That leaves us maybe $53,000. So if you move over to the right-hand side there, you'll see the value of our home before this hurricane was around 600,000. After, we'll have a lot left of around 200,000, maybe 250-, and then we have to add back the $53,000 left for the insurance. That gives us $253,000. If you look at the value before the home it's 600,000 and the value after the 253-, we have a loss of $346,000; therefore, we have now moved to the last leg, and that is to hire a realtor. I am a real estate broker, but I don't practice. So we hired just now -- in fact, we haven't even signed the agreements, but we're moving ahead with the marketing. We've hired a REMAX specialist. Okay. Next page -- okay. The page that's up there, down at the October 26, 2018 Page 26 bottom, if you could slide it down a little bit, this is an analysis of what has shown -- sold in our area, in our neighborhood, and down at the bottom you'll see that the average for selling a lot is 742 days. Now, I know you're not giving us 742 days to do anything. But I wanted you to see that, because we have to work with the reality of what's happening. The other big problem that's happened -- go to the next page, please -- is our board of directors a couple of years ago took a commercial piece of property that we had and converted it into five large lots that are outside the gated area but still on the runway and part of Wing South. They have offered it to all of the 59 homeowners commission free, so that becomes part of our competition, and that will last until December 31st. So they are in competition with their own owners. So the letter from the -- that's a letter from Wing South reminding people that if you want it at a bargain, you know, go get it now. So the next one, Page 41, and I'm almost done, is a letter from the realtor that we've hired, and he is going to -- he wants to market it as-is, and I am seeing more and more in the paper and in MLS, people are trying to sell their houses as-is with damage and under a program he calls value-range marketing concept. And so he has asked for a minimum of six months to try to market it, and if any of you know real estate, you know that's being very limited. So we understand that it is your job to define for us if you will give us any time. Now, seeing that we have lost 350-some-thousand dollars is our loss, we would like to try to recoup at least a little of that by trying to sell the house as-is. With value-range marketing, the property will be offered in the unique marketing that's from, like, about 240,000, which would be the lot itself, to about 375-, which would include all the rest of this house. This is a 2,500-square-foot house, 4,100 square feet total. So someone would be getting three-quarters of October 26, 2018 Page 27 a house, because the only rooms that are damaged are the living room, the kitchen ceiling, half of the master bathroom ceiling. That's -- and the roof and the air-conditioning ductwork has to be replaced. So what we have asked, and if you'll go to Page 42, the last page, to maximize our losses and provide ourselves with the hope of a proper place to live, we have engaged a REMAX realtor, as you know. We realize that any new home that we purchase will be less than half of the value of our former home, because that's all we'll be able to afford. The market analysis has been done, and a plan of action has been created to mark this home as-is -- market this home as-is. Working against us, as I just mentioned, is Wing South board of directors selling things without commissions. Our only hope is to try to recover even a small part of our losses and to try to sell the house as-is. So if that becomes impossible after a specific length of time, then we must tear it down and sell the lot and, as you can see, the lots are taking 700 days to sell. So what our request is is that we are asking for eight months in which to market our home for sale as-is, and at the end of that time, if it has not sold, we will then tear it down, and we will need, according to the demolition people, up to three months for permitting and tearing it down. And that's our request to you. CHAIRMAN KAUFMAN: Okay. Well, to say that you are detail oriented is an understatement, to say the least. MS. MARTEN: I didn't know what parts you needed to know. CHAIRMAN KAUFMAN: Well, we have them all now. Okay. MS. MARTEN: Thank you for listening. CHAIRMAN KAUFMAN: It's our pleasure. Do we have any comments from the Board to begin with? (No response.) CHAIRMAN KAUFMAN: The first thing we need to do is find October 26, 2018 Page 28 out if a violation exists. Before any time or anything would be discussed, we have to find out if there is a violation. MS. MARTEN: We were supposed to have a permit for a new roof by September 24th, is it? And it was not possible to come up with the funding without money to put in for a permit for -- my husband said it could be an $8,000 permit. We couldn't put in for a permit for the roof and the things to be done without the funds, and we don't have those funds yet because the insurance company has not paid them, and we cannot use the SBA mortgage funds for that. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Kaufman, could I say something before you guys vote? CHAIRMAN KAUFMAN: Before we make a motion. MR. LETOURNEAU: Exactly. First, I'd like to say that was some of the best testimony I've seen here at this Code Enforcement Board. CHAIRMAN KAUFMAN: I think it was the best. MR. LETOURNEAU: I mean, I've seen high-priced attorneys that didn't give that kind of testimony. MS. MARTEN: Thank you. MS. NICOLA: I was thinking the same thing. MR. LETOURNEAU: Secondly, that water drainage that you're talking about your neighbor doing, that could be a code violation. MS. MARTEN: We have turned him in. MR. LETOURNEAU: Okay. All right. Thirdly, Code Enforcement works for every community member, yourself included, also your neighbor. So we had to bring this case because it was going on too long. We do take a reactive approach to the damage done by Hurricane Irma. So normally we wouldn't have been, you know, knocking on your door to give you this notice of violation; however, since we had a October 26, 2018 Page 29 complaint, we had to do it. You asked for eight months at the end of that; is that what I heard? MS. MARTEN: Eight months to sell it as-is, and if it -- I mean, normally, you know, you'd like a year on anybody's listing agreement. As a realtor, I would never take one if it wasn't at least a year's listing. But we know that's more than you're going to give, so we kind of asked if we could have eight months. MR. LETOURNEAU: The county has no objection to that eight months at this point. CHAIRMAN KAUFMAN: Okay. Well, we're not going to talk about days until we find out whether a violation exists. Okay. My director box here with names on it is now working. Sue? MS. CURLEY: I would like to make a motion that there's no violation. MS. MARTEN: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it for purposes of discussion. I know there are thousands of houses in Collier County with tarps on them, and I know there was special dispensation given by Collier County for those people right after Hurricane Irma. MR. LETOURNEAU: Six months. The original was six months to get your -- you know, at least get the ball rolling on, you know, application of whatever permits you need. CHAIRMAN KAUFMAN: Okay. So I don't think that the motion is out of line at this time. I know it's been a year, but I also have looked at the documentation that the respondents have shown, and I personally don't think it's out of line. October 26, 2018 Page 30 Any discussion on the motion from the Board? MR. LEFEBVRE: I know there's quite a few people in the county that do have issues with their insurance company, and they're trying to work through it, but that still doesn't mean there's not a violation. I think something has to be done to get these repairs made. I know one in my neighborhood had a tarp on it for up until about a month or two ago, and I heard that they were fighting with their insurance company. But be that as it may, there's still a violation. It's still a violation. Fighting with your insurance company and not getting the money doesn't negate not having a violation on the property. So I wouldn't agree with the motion. MS. MARTEN: May I make a comment? MS. CURLEY: No. CHAIRMAN KAUFMAN: No. Hang on. MS. CURLEY: The violation that they were cited for is that the roof is leaking or whatnot. They've not replaced this with the roof that's in violation. It's a temporary roof. So while there might be some deterioration to parts of the house, the owner made it quite clear that the violation that she's cited for -- her windows are in place, her roof is secure, and because it looks ugly is not a violation of our city and county codes. CHAIRMAN KAUFMAN: The description of violation is roof and fascia damage. MR. LETOURNEAU: If you look at the ordinances we've cited, exterior and interior structures of dwelling units: All the following components of the dwelling units shall be maintained in good condition. C: Roofs. I could definitely argue that that roof is not in good condition. So we've definitely cited them for the right ordinance, and it's clearly a violation. I don't really understand the vote there, but -- October 26, 2018 Page 31 MR. LEFEBVRE: It's a motion, not a vote. MR. LETOURNEAU: A motion, excuse me. MS. CURLEY: Well, then -- MS. NICOLA: In all honesty, as the attorney, I'd probably want to take a look at this a little closer, because in reading the notice of violation, "roof shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building." You know, if they've taken efforts since the hurricane to secure the roof and it's not leaking, the question is, does that comply with this ordinance? And I don't know the answer to that. I mean, she's clearly presented a case that says that, in fact, the roof isn't leaking and that they took additional efforts outside of what the insurance company would do to make it safe. So I'm struggling with it a little bit. My preference would be -- and I don't know if the Board would be inclined to do this -- would be to table it for a month to give me a chance to pull this ordinance and some of the cases. I'm hoping there are some cases out there on this. And then maybe within the next month we might find out if she's gotten her money and has a plan for it, because it sounds to me like this could fund quickly, and then she and her husband can make a decision about are we going to sell it as-is? Are we going to try and repair it? It just seems to me like you're not quite sure yet. MS. MARTEN: No. We have already hired the realtor -- MS. NICOLA: You have. MS. MARTEN: -- and the marketing plan is being produced as we speak. So we realize that there is not enough money. There's a shortfall of more than $150,000, so we cannot rebuild it ourselves. And it has not had any moisture coming in since we've had all these roofs put on, and that can be proven if you look at our electricity bill, October 26, 2018 Page 32 because the air-conditioning has been on since -- I think it was 10 or 14 days we had no electricity after the storm, and our air-conditioning bill runs about 200 to $225 a month, which is the same as it has always done. So it shows that the roof is holding tight and not, you know, escaping a whole lot so -- and no mold has grown since the initial damage. No additional damage has happened inside all these many months. MR. LETOURNEAU: I would strongly object to Tamara's testimony here. MS. NICOLA: Suggestion. MR. LETOURNEAU: Suggestion. Roof shall be maintained in a safe manner. She, under her testimony, said it completely lifted off during the hurricane. Who are we to say that it's maintained in a safe manner just because it's not leaking right now? Another storm comes by, and that thing could blow off into the neighbor's house at this point. I find it ludicrous. MS. MARTEN: The plywood did not lift off, only the flat decking. The plywood has always remained safe and secure. Sorry. I didn't explain that correctly. MS. CURLEY: We're still talking about the motion that I made. And just to add a little bit more insight to why I make that motion, I find that the Statement of Violation letter, No. 5 says the date the violation was first observed was May of 2018, and then the date that they were given the vacation notice was September 4th, and then it needed to be corrected by September 24th, and then it was reinspected on the 25th. I mean, that's just ludicrous. That does not even make sense that this violation would be given such a small time frame. And I just feel like however this has unfolded or whoever Roy Myers is making this complaint or whatever is transpiring here makes me feel very uncomfortable about the fair treatment of our citizens. October 26, 2018 Page 33 MR. LEFEBVRE: I call the motion for vote. CHAIRMAN KAUFMAN: Okay. All those in favor of the motion, say aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Opposed? MS. ELROD: Opposed. MR. LEFEBVRE: Opposed. MR. ASHTON: Opposed. MR. WHITE: Opposed. CHAIRMAN KAUFMAN: Okay. Motion fails. Then we go to how much time you might probably need. MR. LEFEBVRE: We already discussed that. We need another motion. CHAIRMAN KAUFMAN: I understand that. They are asking for eight months. That's what my notes say. MS. CURLEY: What happens? You have a problem now. Now if we have -- since my motion was voted down -- and these people really -- I mean, if we really want to help them get rid of this house to a new buyer, which is what she's committed to be doing now because they can't afford to rebuild, we are inhibiting that by putting this case on the court's burden because, as you know, the realtors that are realtors here, it now makes it a more complicated sale for her, and it doesn't make Mr. Myers' neighbor change-out much quicker at all. This just slows down the process. It becomes a code case. It gets in the way of her marketing the property efficiently, and it's a disservice. It truly is. CHAIRMAN KAUFMAN: Well, it is a code case already, so there's nothing -- we can't go back on that. What we're talking about here right now would be how much time can we give the respondents to resolve their situation. MR. LEFEBVRE: I think it's even more important that we have a October 26, 2018 Page 34 code case -- something filed on public records, because if a buyer goes in to buy this property, not saying that the seller won't disclose it, but they will be fully aware prior to buying this property what the issues are and that there is a case, in fact, opened and outstanding on this property. CHAIRMAN KAUFMAN: We need a motion -- MR. LEFEBVRE: I make a motion a violation exists. MS. MARTEN: I did put that, sir, in the request for extension, on the letter I put up there, it says, we understand that -- MR. LEFEBVRE: The public hearing is closed. MS. MARTEN: -- this code enforcement case will transfer to the new owner. CHAIRMAN KAUFMAN: The public hearing is over, so now we're mulling around what we do here. So you are making a motion that a violation exists. MR. LEFEBVRE: Yes, sir. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: So the motion -- you have a violation. Now we can talk about what is the remedy to the violation. To begin with, let me ask, what is your suggestion? October 26, 2018 Page 35 MR. MARCHAND: 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, obtaining all required Collier County building permit/permits or demolition permit, inspections, and certificate of completion for repairs of the roof and fascia within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; 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 method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody like to try to fill in the blanks? MR. LEFEBVRE: I just have a question that's kind of lingering of the respondent. You got an SBA loan that cannot be used until you have other monies to repair. MS. MARTEN: All of the monies necessary. MR. LEFEBVRE: All the monies necessary. So the SBA loan was for how much? MS. MARTEN: 200,000. MR. LEFEBVRE: 200,000. And the Tower Hill agreed to 369,000? MS. MARTEN: Fifty-nine, but that's before we have to pay everything out, like pay off the mortgage or pay -- MR. LEFEBVRE: Well, but when you -- MS. MARTEN: It's not enough. October 26, 2018 Page 36 MR. LEFEBVRE: Hold on. But when you repair something, you're not paying off the mortgage. So if you add up the 359-, minus the 10 percent that you're going to get, or that the Keys gets, I think it was -- MS. CURLEY: 330- plus 200-. MR. LEFEBVRE: 330- plus 200- is 530-. The repairs are 479-, so that should cover the repairs. So I'm a little but perplexed on how you can't repair the home once you get the monies from the insurance company. MS. MARTEN: Because we are supposed to pay the SBA loan back with the money from the insurance company or be able to carry two mortgages. We are tapped out. My husband is a single builder by himself. His income has never changed hardly at all in all these years. We cannot afford any more mortgage than we pay now. If we had to use the SBA mortgage additionally, that would be another payment of almost $1,000. There is no way we could pay a mortgage of 2,200. MR. LEFEBVRE: So what's the benefit of getting the SBA loan if you can't use the monies to fix the house but you have to get -- you get the monies from the insurance company to pay off the loan? CHAIRMAN KAUFMAN: This is not the time or place to go over what the respondents need to do. MR. LEFEBVRE: I'm just trying to get an understanding of why -- MS. CURLEY: I'd like to take a shot at the stipulation. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll go with, No. 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion for the repairs of the roof and fascia within 365 days of this hearing, or a fine of $10 per day will be imposed until the violation is abated. October 26, 2018 Page 37 CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Discussion on the motion? We have given 365 days as a time limit many times. MS. CURLEY: And also, I'd just like to say that, as we know, this property's going to transfer. We don't want to see these new owners back in here in a half a year. We might as well give them the opportunity to put forth an effort and attempt to get some sort of traction before we see them again. We've had this happen when properties transfer. CHAIRMAN KAUFMAN: Okay. Any other discussions on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Aye. One, two, three (sic) ayes. Those opposed? MR. LEFEBVRE: Opposed. MR. ASHTON: Opposed. CHAIRMAN KAUFMAN: 4-2, it passes. So you have one year. And if it's not done in a year, you have the ability to come back before the Board prior to it expiring to request anything else you would like to request. MS. MARTEN: Thank you very much. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Chairman, for clarification, the fine amount October 26, 2018 Page 38 was $100,000? MS. CURLEY: $10 a day. CHAIRMAN KAUFMAN: $10 a day. MS. NICOLA: Which is, by the way, the lowest fine I think I've seen since I've been on the board. CHAIRMAN KAUFMAN: Excuse me? MS. NICOLA: I think that's the lowest one I've seen since I've been on the board. So get it done. MS. CURLEY: That's her reward -- MS. MARTEN: We will definitely get it done, because being homeless is not fun, and the idea of being homeless for another year is just almost more than I am mentally able to handle, so we will try to get it done. CHAIRMAN KAUFMAN: Well, we wish you the best of luck. MS. NICOLA: You might have a job as a lawyer. CHAIRMAN KAUFMAN: Joe, do you have something? MS. MARTEN: I need a job to pay this off. MS. NICOLA: You do a very good job. I mean, I have been here three years and, you know, if you keep doing what you're doing, you'll get it done. I believe you will. MS. MARTEN: Well, that's what we've done so far. MS. NICOLA: I saw that. MS. MARTEN: That's the paperwork. MS. NICOLA: They're leaving with their paperwork. CHAIRMAN KAUFMAN: Thank God. MS. NICOLA: Good luck. MR. BLANCO: Next item on the agenda, it's No. 3 from hearings, Case No. CELU20180004729, N-A Properties, LLC. Mr. Chairman, if I may, the respondent has another case under Roman Numeral 7, old business, Letter C, motion for imposition of fines and liens. With your permission, we'd like to hear both cases. October 26, 2018 Page 39 CHAIRMAN KAUFMAN: Okay. Anyone want to make a motion to change the agenda to accommodate? MR. ASHTON: Motion to change the agenda. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: (Absent for vote.) CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So it's 3 is the hearing for today, 5C3, or whatever. MR. BLANCO: Yeah, 5C3, and 6C13 is the other one. There's two different cases for the same respondent. CHAIRMAN KAUFMAN: Okay. Well, we'll hear the first case first and then the second case second, vote separately, et cetera. MR. BLANCO: Correct, sir. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your names on the -- MR. SEPANSKI: Thomas Sepanski, homeowner. CHAIRMAN KAUFMAN: Okay. MR. SABORA: George Sabora (phonetic), general contractor. CHAIRMAN KAUFMAN: Okay. Okay. Dee? MS. PULSE: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. PULSE: For the record, Dee Pulse, Collier County Code October 26, 2018 Page 40 Enforcement. I'm not sure George needs to be a part of this case. CHAIRMAN KAUFMAN: Okay. MS. PULSE: He may offer his information for the other case. CHAIRMAN KAUFMAN: Okay. You get the honor of presenting your case first. MS. PULSE: Okay. This is in reference to Case No. CELU20180004729 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 2.02.03, and the Code of Laws and Ordinances, Chapter 130, Article 3, Section 130-95, for several dumpsters on the ground on the property, miscellaneous items being stored outside consisting of but not limited to metal, wood, tables, inoperable vehicles, et cetera. It's located at 5630 Copper Leaf Lane, Naples, Florida, 34117; Folio 38169440007. Service was given on March 27th, 2018. I would like to present case evidence in the following exhibits, the following photos all taken by me as follows: Two taken on March 21st, 2018; one taken April 2nd, 2018; two taken April 11th, 2018; one taken July 5th, 2018; one taken August 1st, 2018; two taken August 15th, 2018; two taken August 29th, 2018; and two taken October 15th, 2018; also two taken October 25th, 2018. CHAIRMAN KAUFMAN: Has the respondent seen these photos? MS. PULSE: Not that I'm aware of. CHAIRMAN KAUFMAN: Why don't you show the photos to the respondent first. Do you have any objections to the photos? MR. SEPANSKI: No. CHAIRMAN KAUFMAN: Get a motion from the Board to accept them. October 26, 2018 Page 41 MR. WHITE: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. MR. ASHTON: Second. CHAIRMAN KAUFMAN: Take your pick. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PULSE: I also had the aerial view from Property Appraiser website for this year and also the ARCGIS map aerial. I just wanted to make sure those are accepted, too. CHAIRMAN KAUFMAN: Okay. Do we need to vote on them again? It's all a composite for all of them. Okay. MS. PULSE: Okay. We received a complaint into our office March 20th, 2018, for employees coming to the property and dumpsters being stored. I researched the property for a home occupation license, and one was not listed for this property. I observed, while monitoring the property, there was vehicles from APEX demolition frequently on the property, which is a business owned by the occupant of the property, Troy McNabb. Occupant also has registered to him a wrecker service business called McNabb Motor Sports which is registered at 4269 Enterprise Avenue. The owner also has a wrecker service business at the same location called T & C Towing. During monitoring, I could not verify employees coming and October 26, 2018 Page 42 going from the property but observed numerous dumpsters on the ground; at one time as many as five. Miscellaneous items outside consisting of, but not limited to, tools, fencing, metal, PVC, wood tables, windows, inoperable vehicles, some of which were crashed and some of which appeared to be antique collectable-type vehicles. As I monitored the property, items will be removed and new items come to the property. All the dumpsters have now been removed, except for I didn't see one on the property yesterday. I observed on last site inspection what appeared to be half of a vehicle, as you can see in the photos. As of October 25th, violation remains with miscellaneous items stored outside as well as inoperable unlicensed vehicles. CHAIRMAN KAUFMAN: Your discussions with the respondent? MS. PULSE: They'd say they would take care of it. And as I said, items come, items go. They remove things. Then the next time I visit, there's other things there again. CHAIRMAN KAUFMAN: Okay. MS. PULSE: As this picture shows, there's a pile of metal poles that I had never seen before, but it was there yesterday. CHAIRMAN KAUFMAN: Where is this property located? It says Copper Leaf; is that correct? MS. PULSE: Copper Leaf and Santa Barbara, right on the corner. MR. SEPANSKI: Right where the lake is there. CHAIRMAN KAUFMAN: Okay. And then how big a piece of property is it? MS. PULSE: Over two acres. I don't have the exact. CHAIRMAN KAUFMAN: You said you have the before and after aerial views? October 26, 2018 Page 43 MS. PULSE: I do have aerials in those photos. So you can see there is the lake here, Santa Barbara, Copper Leaf. So it's right on that corner property. CHAIRMAN KAUFMAN: Can you make that bigger, Danny. MS. PULSE: The next aerial may show bigger, and it's kind of -- it is closer; if you can go to the next aerial. CHAIRMAN KAUFMAN: Oh, okay. MS. CURLEY: So is there a home on this? MS. PULSE: Yes. There's a main structure, and just recently they have constructed a guesthouse and a large metal building. CHAIRMAN KAUFMAN: Okay. Sir? MR. SEPANSKI: Yep. CHAIRMAN KAUFMAN: Your turn. MR. SEPANSKI: Well, most of the stuff in the picture is -- the pictures were old. There's -- MS. PULSE: This photo was taken yesterday. MR. SEPANSKI: Right. And everything there is registered except that truck on the end which needs to be repaired. I bought it. It needs to be repaired. But everything there is registered. There's a six-and-a-half-foot-high berm there running around the whole property. The only thing you can see from the road, either road, whether you're on Copper Leaf or Santa Barbara, is the entrance to the driveway, which we now have a gate that we're going to permit and put a gate up so you can't see. So that -- it's not visible. Dee Dee is exactly right, oftentimes -- I have a demolition business, and things come and things go. Well, for example, the pile of steel she said that's there was -- the Apple store is being knocked down in Waterside. We're knocking that down. They had about $50,000 worth of shelfing in there that was all taken out by hand. So it's dumped there, and then we're going to pick it up and put it inside the shed. October 26, 2018 Page 44 But, I mean, I can't do it in a day, so -- but you can't see anything from the road unless you stop and look through the entrance to the property where the driveway is, which at the time we now have two gates that we're going to put up there to block the view. So you're not going to be able to see anything that's on the property, and that's -- my assumption was that if you can't see it on the property, then that's fine. The only way you'd be able to see it is if you were driving down Santa Barbara Boulevard and you drove over the sidewalk, down the swale, and parked your car on the lake bank and then walked along the lake bank, the county's -- the bank to the lake, which is also elevated, then you could see down into the property. But other than that, all the pictures like that, those pictures are shot through the opening of either driveway. And the only thing that's not registered right now is that truck that is there. That is not registered; she's correct. CHAIRMAN KAUFMAN: Okay. MS. PULSE: Well, there is a vehicle that you can see beside the metal building that is still on the property. MR. SEPANSKI: That old truck, yes. MS. PULSE: Yes. And there was another antique type truck. That was removed yesterday -- MR. SEPANSKI: That's inside. MS. PULSE: -- when I was there. Yeah, that vehicle right there. MR. LETOURNEAU: What about that half a vehicle? Is that still there? MS. PULSE: The half vehicle was gone when I was there yesterday. MR. SEPANSKI: Yeah. It's gone. It's at my other shop. MS. PULSE: As I said, things come and go. MR. SEPANSKI: Yeah. Because, I mean, I'll explain very simply. The old truck I'm making into a tow truck, so I have to take October 26, 2018 Page 45 parts from that half truck and put them together. Most of it's inside but, I mean, you know, put everything inside and then work at the same time, sometimes is a little difficult to do. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Can you go back to the previous picture? So that white truck that we're seeing on the right, so you say that the house directly behind it doesn't have a visual view of that? MR. SEPANSKI: No. This house is across the street on Santa Barbara. The house that you would see right here is my guesthouse. The main house is back over here. MS. CURLEY: So this -- I'm talking about that house. So those people don't have any view of that giant truck? MR. SEPANSKI: No. They couldn't see that, no. That's -- MS. CURLEY: Is it an optical illusion? MR. SEPANSKI: Yeah. That's probably 400 yards away or more. That's at the middle of my property, which is three-and-a-half acres. And then the lake is over here, and you can't even see that. The lake is over here. To Santa Barbara, four lanes of traffic, plus Santa Barbara bank. MS. CURLEY: Okay. I'm fine. So what I just want to point out is that if I can see the palm trees of that nice house across the way, then they can see this 12- or 15-foot-high truck. MS. PULSE: If you also look at the aerial view, there is a house that's off of Copper Leaf that sits behind and to the side of that lake, so -- yeah, there you go. Right -- I can't point at it, but -- CHAIRMAN KAUFMAN: Would a violation exist if you can't see it, or does that matter at all? We'll ask Jeff. MS. PULSE: That does not matter. MR. LETOURNEAU: I would say that we wouldn't be here if we couldn't see it from a legal vantage point; however, I wouldn't say that it's still not a violation if it's on the property. It's just that we can't October 26, 2018 Page 46 see it from a legal vantage point. I don't know if that makes it any clearer than mud at this point. But he is correct, the stuff that's there now, if you did find him in violation, we would need to confirm that it was removed or, you know, stored at some point; however, if he does get the property totally enclosed where we can't see it from the lake, you know, a neighbor's property or either of the roads next door, we won't be able to prosecute anything because we won't be able to see a violation from a legal vantage point. MR. SEPANSKI: Well, and he's somewhat right. I mean, I have a neighbor two doors down that's a general contractor that's a pain in the you know what. That's why we're here with everything else. And the fact that he's going to get a drone over -- and fly it over my property and file a complaint, I think, is ludicrous and ridiculous. MR. LETOURNEAU: We can't -- this type of complaint we can't use an aerial. We'd have to view it from street side, neighbor's property. That property next door where the lake is on, I believe that's probably county property, but I'm not sure. We would definitely be able to walk that whole lakeside right there if it is county property or we do have the permission of the property owner, and if we did see something from that area, that would be -- that would be fair game as far as a violation goes. But like he said, if we can't see it anywhere from a legal vantage point, once he's cleaned up whatever mess he has here, if you find him in violation, we wouldn't come back here. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So also just to -- CHAIRMAN KAUFMAN: You're on. MS. CURLEY: In addition to -- I just had a -- remembered another case from years ago where we had some dumpsters. And not only with the visual aspect of it, but we also -- there's noise when October 26, 2018 Page 47 you're dumping piles of metal, and there's noise when you're moving, you know, tow trucks in and out. And so it -- could the county just let us know what this zoning is for this property. And in addition to all these things that we see, we don't see the noise that accompanies all this action. CHAIRMAN KAUFMAN: The permitted use. MS. PULSE: Well, the zoning is estates zone. MR. LETOURNEAU: The zoning is a quasi-agricultural residential. It's right in between. It's not meant for any kind of use like this, of outside storage, of construction debris, industrial, stuff like that. So, you know, this should stop. Now, if he's making noise, yes, we can definitely go in that angle and, you know, it would be a different type of case, obviously, but we could use a noise case on this. CHAIRMAN KAUFMAN: Okay. And other comments or motions from the Board? MS. CURLEY: I'll make a motion that a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Dee? MS. PULSE: Yeah, I do. It's recommended that the Code Enforcement Board orders the October 26, 2018 Page 48 respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days and abate all violations by, number one, removing all unauthorized outside storage items to a completely enclosed structure or from the property to a site intended for final disposal within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. Number two, obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicles within a completely enclosed structure, and/or repair defects so vehicle is immediately operable or remove offending vehicles from residentially zoned area within blank days of this hearing, or a fine of blank 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, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Jeff, I have a question for you. If this is -- if he completes a gate that you can't see through, would that also fit into the compliance of the property? MR. LETOURNEAU: At this point, whatever we've observed that's the violation would need to be proven that it's taken care of. MR. SEPANSKI: Yeah. MR. LETOURNEAU: After that's done and he puts up a blockage where we can't see it from a legal vantage point, we're done, but we need to observe what he's got on there right now per this code case. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot October 26, 2018 Page 49 at filling in the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll try. Sixty days, 59.63 paid within 30 days, 60 days to get the license plate on that truck, clean up that area there so it can be inspected, or a fine of $100 a day. MR. SEPANSKI: That's not a problem. CHAIRMAN KAUFMAN: We know. Any comments from the Board? Do I get a second? MS. NICOLA: I think there's two parts to this. I think you have to do both. CHAIRMAN KAUFMAN: Okay. Well, the first part, the 59.63, 30, is the -- MS. NICOLA: Fine, but you have -- there's one, removing all unauthorized outside storage, and then two would be the vehicles. So are you suggesting the amount of time and the fine for each one and two? Because I have to write them up separately. CHAIRMAN KAUFMAN: Okay. I would say it's the same for both. So the violation disappears in 60 days, or if it doesn't, it's $100-a-day fine after the 60 days, that's the truck, and it's the other stuff that doesn't belong there. MR. SEPANSKI: And just so I understand, then I just call Dee for an inspection. She comes, inspects, and then she'll close the case, correct? CHAIRMAN KAUFMAN: That's part of the order as well. MR. SEPANSKI: Okay. I just wanted to make sure. CHAIRMAN KAUFMAN: We have to vote on my motion. MR. LEFEBVRE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: He's a second. Okay. Any discussions on the motion? October 26, 2018 Page 50 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? Hold on. Susan? MS. CURLEY: Yeah, just for the timeline purposes, we see that the violation was supposed to be corrected. He had 30 days from March to April, and now seven months later we're going to give him two more months. It seems like that's a little bit generous. And he inserted that this doesn't seem to be a problem. Why don't we ask him to do it in 30 days. Can we amend the motion? CHAIRMAN KAUFMAN: I would just as soon leave it at 60 days. I don't think it's unreasonable. MR. SEPANSKI: The truck's going to be gone out of there tonight, by the way, just so you know. CHAIRMAN KAUFMAN: Even better. MR. SEPANSKI: If that was your concern. That's already gone. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we took care of this one, and now we move to the next one. MR. BLANCO: Next case with the same respondent, it's No. 13 from impositions. Case No. CESD20170002774, N-A Properties, LLC. (The speakers were previously duly sworn and indicated in the October 26, 2018 Page 51 affirmative.) MR. LEFEBVRE: It's the last one in cases. CHAIRMAN KAUFMAN: Yeah, 13. This was a stipulation, I'm reading, back in 2017. MR. SEPANSKI: This is the 24-year-old pool. CHAIRMAN KAUFMAN: That's what I'm looking for. MR. LEFEBVRE: Because it's an imposition of fines, isn't it? CHAIRMAN KAUFMAN: Yeah, but the imposition of fines form that we generally see, I don't see listed here. MS. CURLEY: Summary page. It shows us the amount of fines accrued, et cetera. CHAIRMAN KAUFMAN: Do you have that, Danny? MR. BLANCO: Yes, sir. It's up on the screens right now. CHAIRMAN KAUFMAN: Okay. But it's not on this screen? MR. BLANCO: No. The executive summary's not part of the packet that goes out in the public. CHAIRMAN KAUFMAN: Okay. Could you go down a little farther on that. It's an eye test for me. MS. CURLEY: 29,000. CHAIRMAN KAUFMAN: That's what it looks like. Dee, why don't you explain this, because I can barely see that. MS. CURLEY: Just for the record, Danny, this light, this new LED light shines on this TV in such a way that we can't really read that from here. MR. BLANCO: We'll make sure we fix that with staff, yes. MS. PULSE: Would you like me to read the -- CHAIRMAN KAUFMAN: Before you read them, could you just give us a summary version and then read it. MS. PULSE: Okay. There was a violation of no permit for the pool, an in-ground pool. There was a stipulation, as you mentioned, and he's been back for more time requests. And he's here for October 26, 2018 Page 52 imposition of fines. The pool permit has -- it was issued, applied for on January 10th, 2018. Expired since July 24th, 2018. There was also an issue with the fence for a barrier of the pool. That permit was issued on April 10th, 2018, but it did expire October 7th, 2018. CHAIRMAN KAUFMAN: Was any of the work done? MS. PULSE: The fence is installed. They came into compliance with -- I believe Part A was to immediately put up a temporary barrier by a certain time. That did get taken care of. Then they do have a permanent fence installed at this time, but the permit is expired with no inspections, no certificate of completion issued. CHAIRMAN KAUFMAN: And as far as the original? I have a special screen. It's for older people whose eyesight -- Okay. The partially abated portion was the temporary fence? MS. PULSE: Uh-huh. CHAIRMAN KAUFMAN: The permanent fence was? MS. PULSE: That was required for the barrier for the pool. CHAIRMAN KAUFMAN: And was that ever done? MS. PULSE: The fence is installed but the permit never got completed, or their certificate of completion. CHAIRMAN KAUFMAN: So there was -- MS. PULSE: And it's now expired. CHAIRMAN KAUFMAN: Okay. There was no inspection of the permanent fence? MS. PULSE: Right. CHAIRMAN KAUFMAN: Okay. I got it. And the -- MS. PULSE: No passing inspection, I'll say that. I mean, I think -- I've talked to the occupant of the property. Something about a self-latching gate is required for pool barrier fencing, and that -- they didn't have that. But he's -- the permit is now expired. October 26, 2018 Page 53 CHAIRMAN KAUFMAN: Okay. Why don't we -- Now I can see the whole writeup. Why don't you tell us what happened. MR. SEPANSKI: Well, I mean, I've been here before. Like I said, we're permitting a 23-year-old pool. Nobody knows how to do it. And, I mean, I hired George, a general contractor to do it, because I don't know how to it. So I didn't want you to think I haven't been doing this. I mean, I've hired -- from the first time she cited me, we hired somebody, an engineer, to do it. He failed. And, I mean, George has been working on it now for three or four months. CHAIRMAN KAUFMAN: Has George been sworn? MR. SEPANSKI: So that way -- I mean, I don't want you to think I was giving you a line because I've been here two times but, you know, I'm trying to get it done. But I don't do that kind of permitting. I don't know how to do it, so he's doing it. I've hired him to do it. CHAIRMAN KAUFMAN: So let me take it piece by piece. The temporary fence you did. Called that in, they inspected it, everything's fine. MR. SEPANSKI: Correct. CHAIRMAN KAUFMAN: That was done. MR. SEPANSKI: Correct. CHAIRMAN KAUFMAN: The permanent fence -- MR. SEPANSKI: The permanent fence is up. There were two gates on it that, after they inspected said, were not properly installed because they didn't have self-locking gates. So I figured, well, geez, I'll just put a chain lock on them and only open them when someone's home. I thought a locked gate would be secured but, apparently, to the county locked gate is not secured. So now they're doing everything together. The pool and the fencing is all going to be done. That's how they said to do it, so that's October 26, 2018 Page 54 how we're doing it. We're following what Renald instructed everybody to do. CHAIRMAN KAUFMAN: Okay. MR. SEPANSKI: But there is a fence up. I mean, I know that's the concern. But there is a fence up. It's been up since three days after we were here, and it's just, like I said, the county wants you to be able to open -- the kid to go in, open it, and then not to get out, apparently. I know it don't make much sense. But if I put a padlock on it, it's not considered secured. CHAIRMAN KAUFMAN: I understand there are certain rules that people have problems with, but this is not the venue to change them. MR. SEPANSKI: Unfortunately. MR. SABORA: Yes. And we have been working with the county and with Reliable Permitting, a reputable permitting company that handles these kinds of situations, and with Joe Kosinski, the engineer. So there's an engineer, there's Reliable Permitting, there's a licensed certified general contractor. We've been -- Tom hired me approximately 75, 90 days ago. We've ordered drawings that have taken longer than we thought. That took a month. We've submitted, had some corrections, met numerous times with the county. And I feel that within the next 30 days -- within the next week or two, the permit will be submitted and then however long it takes to -- which will eliminate the fence permit because we're going to incorporate the pool and the fence all together, and then within, I would assume, two weeks we submit, which is more than enough time, and then another 30 days I think this thing will be resolved. That's my professional opinion. CHAIRMAN KAUFMAN: So you think everything will be resolved by -- MR. SABORA: I would say absolutely within 60 days, but October 26, 2018 Page 55 possibly within 45 days. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. LEFEBVRE: So you're looking for a continuance is what you're asking. You're looking for more time? MR. SEPANSKI: Yes. MS. CURLEY: Well, I mean, I understood what you said about the gate, self-closing gate, but I just don't understand why -- it bothers me that the pool enclosure that you put didn't pass, and it said it needed a specific thing, and you didn't do that. And if you -- and if not understanding that putting a chain and your own lock around it isn't going to meet or exceed the county's requirements, that's really not for the discussion. And now the permit's expired, so I feel like there's a little laundry here, a little dirty laundry here, and now you want us to be helpful for you, and I just feel like, put the doggone latch on that the county requires. If you happen to take that padlock off and take a nap and a neighbor comes over, that's why that's not going to work in a general sense for a pool. So I feel like it's -- MR. SEPANSKI: But the county's the one that said they wanted everything done together. MS. CURLEY: Right, but I'm not talking about that. MR. SEPANSKI: That's what they told us to do. MS. CURLEY: I'm talking about the simple fence permit that you let expire. MR. SABORA: We had a situation, and now we're trying to properly -- I'm trying to properly -- MS. CURLEY: Got it. MR. SABORA: -- deal with it. CHAIRMAN KAUFMAN: Okay. So the respondent is requesting a continuance for 45 days, which is 60 days. We have a October 26, 2018 Page 56 meeting in November. We have no meeting in December. So this would go to January, if I'm not mistaken. MS. NICOLA: You're right. Sixty days would be December 23rd, so it would be the January hearing. MS. CURLEY: I have a question for the county. So have you ever gone through the process of permitting an unpermitted or undocumented pool? Have you ever done this? MR. LETOURNEAU: Well, we've had them before. I know it's a pain. I believe they tried to pull a permit by affidavit earlier, and they ran into some hurdles on that right there. MR. SABORA: It's the other way around. A normal construction permit which wouldn't -- MR. LETOURNEAU: Oh, okay. That's what -- MR. SABORA: Now we're getting the engineers involved on a permit by affidavit. MR. LETOURNEAU: It's just tough to get older stuff permitted, you know. The county has specific rules on, you know, especially -- how old's this pool? MR. SABORA: Twenty-five years old. MR. SEPANSKI: Twenty-three years. MR. LETOURNEAU: Yeah. So, I mean, he had to run through a lot of hoops. I do agree with you on the fence thing. You know, a padlock's great, but say you sold the property, new -- you know, had that thing permitted. The new owners take the padlock off, and you're sitting there with an unprotected pool at that time. So to get back to your question, it's a lot of hoops to jump through, and I'm sure that the contractor, you know, knows what he's doing here as far as getting the thing taken care of. CHAIRMAN KAUFMAN: So the question before the Board is, does the Board want to grant a continuance until our meeting in October 26, 2018 Page 57 January or not? MR. LEFEBVRE: I make a motion we continue this for 60 days. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. SEPANSKI: Thank you. MR. SABORA: Thank you. CHAIRMAN KAUFMAN: When you get it done, make sure you call -- MR. SEPANSKI: I will. MR. SABORA: We will. MR. BLANCO: Next item on the agenda is -- CHAIRMAN KAUFMAN: Is a break time for our court stenographer. We'll be back here, 10 minutes. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. MR. BLANCO: Next item on the agenda, it's Roman Numeral 5, October 26, 2018 Page 58 public hearings, motions, Letter C, No. 7, Case No. CESD20180005375, SA Equity Group, LLC. Mr. Chairman, just for the record, I want to clarify that on the notice of hearing that was mailed to the respondent who's present here, it was referenced that motion for imposition of fines and liens. I just want to clarify that it's not a motion for imposition of fines or liens. CHAIRMAN KAUFMAN: This is the first time we're hearing it. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. We generally don't fine people until we find them guilty. That's just our ethics. MS. CURLEY: I need to know what number that is; sorry. CHAIRMAN KAUFMAN: Seven, C7. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Looks just like this. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. JUAREZ: Ofelia (phonetic) Juarez. MR. HERNANDEZ: Alberto Hernandez. CHAIRMAN KAUFMAN: Okay. Steven? MR. LOPEZ-SILVERO: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. LOPEZ-SILVERO: For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CESD20180005375 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Observed a newly installed metal building with electric on improved occupied commercial property located at 114 New Market Road East, Immokalee, Florida, 34142. The folio is 63864280003. Service was provided on July 3rd, 2018. October 26, 2018 Page 59 I would like to present case evidence in the following exhibits: Four pictures taken by myself on April 5th, 2018, and an aerial map. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. HERNANDEZ: No, sir. That is fine. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. ASHTON: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ-SILVERO: The photo you're seeing here is a rear view of the metal building in question with a red roof. It's actually -- that corner's an intersection. It's used for refrigeration of produce. This property is in Farmers Market in Immokalee. CHAIRMAN KAUFMAN: Can I ask if the right-of-way is that concrete path right there, or do you know? MR. LOPEZ-SILVERO: More or less. There's a sidewalk that runs parallel to that folio, to that property. CHAIRMAN KAUFMAN: And are there any setbacks on that October 26, 2018 Page 60 sidewalk? MR. LOPEZ-SILVERO: Most likely there are. It's C4. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: The next picture shows the proximity or the spacing between the new metal building and the adjacent structure next to it. CHAIRMAN KAUFMAN: That has setbacks as well? MR. LOPEZ-SILVERO: Most likely. But the way it shows, it's -- the building that's installed or constructed doesn't meet setbacks. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: Either from the right-of-way or any adjacent structures. This is a side view of the same structure, and I'm just depicting here that there is electric installed in the unit. And this is a front view of the same metal building. CHAIRMAN KAUFMAN: Is that a garage door on the front? MR. LOPEZ-SILVERO: It's a bay door. It either swings open or slides up. MR. WHITE: Is that door plastic hanging down? MR. LOPEZ-SILVERO: That's just to keep the flies and stuff out, but there is a door behind it. On April 5th, 2018, I conducted a site visit and observed the mentioned violation. Research of the property history revealed that no building permits have been obtained for the structure in question. I met with the property manager and advised of the details of the violation and provided the corrective action needed for compliance. The property -- correction. The property manager mentioned that he would inform the property owner of the violation. As of October 25th, 2018, the unpermitted structure remains, and no building permits have been obtained. Violation remains. And just to make a note, the respondents present are the tenants of October 26, 2018 Page 61 the space. There are stalls inside this farmers market, and they're one of the tenants there. CHAIRMAN KAUFMAN: Okay. The owner of the property is not present today? MR. LOPEZ-SILVERO: Correct. CHAIRMAN KAUFMAN: Okay. Well, we listen to everybody, so I don't know why the owner -- the owner's been notified? MR. HERNANDEZ: Correct. CHAIRMAN KAUFMAN: Okay. MR. HERNANDEZ: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. HERNANDEZ: I would just like to say that -- I should say everybody got affected from the hurricane, right? So my grandma here had a little post at -- you know, sells fruit, vegetables, and other accessories as well. Immokalee is known as an agriculture, you know, place as well. There's not many tourist place. One of the biggest tourist places is either the casino, the lake, or the farmers market. Now, putting the new structure in there, you know, new, making it update, and making it look more modern, cleaning up the place a little bit, doesn't really, you know, call for, how shall I say it, you know, for violations. I understand that we didn't -- we did not pull permits and we did not know. CHAIRMAN KAUFMAN: It's not your job to pull the permit. It would be the job of the owner of the property. MR. HERNANDEZ: Exactly. She lost her post when the hurricane came. She only had a few thousand dollars saved, and she put everything, you know, saved into it. CHAIRMAN KAUFMAN: She paid for that structure? MR. HERNANDEZ: Yes, sir. My grandma is left with hardly anything except for her home and her bills. This is the way she keeps October 26, 2018 Page 62 her home up. Sorry. CHAIRMAN KAUFMAN: Okay. MR. HERNANDEZ: All we're asking is -- we'll pay anything just so we could keep the bills paid at home. CHAIRMAN KAUFMAN: Well, first thing that we have to do here, as I explained in the other cases, is to find out whether a violation exists or not. Okay. So I'll end the public hearing and accept any motions or questions from the Board. MS. CURLEY: I have a question. Do you -- are you -- do you know who the owners of the property are? Are they relatives of yours or family? MR. HERNANDEZ: No. They're actually new owners, so we really don't know them much. MS. CURLEY: I see that they bought that property in November of last year. So after the storm they bought it. MR. HERNANDEZ: Yes. Well, he came to us, like, right after the storm and told us that we had to pay rent even though our structures weren't there. MS. CURLEY: I see. CHAIRMAN KAUFMAN: So the property itself is owned by this individual? MR. HERNANDEZ: Yes, sir. CHAIRMAN KAUFMAN: And on the property, besides this structure, is there another structure? MR. HERNANDEZ: There's a whole bunch of other structures. They're all put together. Really nobody bugs with each other because they all know they're all there, you know. Senior citizens is what, you know, keep themselves maintained, and that's the way they keep, you know, their home intact. CHAIRMAN KAUFMAN: Okay. Anyone want to take a motion whether a violation exists or not? October 26, 2018 Page 63 MR. LEFEBVRE: I guess I have a question. CHAIRMAN KAUFMAN: Shoot. MR. LEFEBVRE: Was your grandmother's structure there prior at that exact location? MR. HERNANDEZ: Yes, exact location. The hurricane took it away from there. MS. CURLEY: Entirely? MR. HERNANDEZ: Entirely. The only thing is that we know the setbacks won't be met or anything like that. That's, you know -- that's the only thing that, you know, we say that, you know, it's correct. MR. LOPEZ-SILVERO: I have an aerial map from a previous year that shows what was there. Can you put it up, Danny. MR. LEFEBVRE: Would the previous ones be grandfathered in? MR. LOPEZ-SILVERO: Can you zoom out? I have two aerial maps, 2017 and 2018, if you look. MS. ELROD: What is the structure we're looking at? MR. LOPEZ-SILVERO: I'll outline it for you. MR. LEFEBVRE: Where was this? Is it the bottom corner? It's probably the bottom corner. MS. CURLEY: Can you show us where your grandma's space is on the map why you think -- MR. HERNANDEZ: It used to be right here. MS. CURLEY: Made you look. MR. HERNANDEZ: This is the old one that we used to have. After the hurricane, there was nothing left but cement. MS. CURLEY: So that yellow marking's probably not exactly. MR. HERNANDEZ: Yeah, right. MR. WHITE: So the new structure is about the same size as the old one? MR. HERNANDEZ: Just a little tad bigger; not that much, you know. October 26, 2018 Page 64 CHAIRMAN KAUFMAN: The problems probably lie in the setbacks to begin with and no permit being pulled to build the place. So, again, I ask the Board, anybody want to make a motion whether a violation exists? MS. CURLEY: Just one more question before we make that motion. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: Is this the only structure on this complaint that's a violation? MR. LOPEZ-SILVERO: The specific complaint, just this structure, ma'am. There's other structures, but the complaint was just for this specific one, because it's at the entrance of the farmers market. It's visual from the main road. MS. CURLEY: So was the entire property flattened after the hurricane? Is all this here -- MR. LOPEZ-SILVERO: Not to my knowledge, ma'am. MR. LEFEBVRE: Because if you looked at one of the pictures, the new structure is within probably a foot of an existing structure, which looks like it's pre-hurricane. MR. LOPEZ-SILVERO: Uh-huh. MR. LEFEBVRE: Okay. MS. CURLEY: One other question: Is your grandmother still paying rent? Was she still paying rent while she wasn't operating her business there? MR. HERNANDEZ: Yes, ma'am. Three months, which is about $200 a week. CHAIRMAN KAUFMAN: So you're saying $200 a week for the use of the land. The building itself she paid for? MR. HERNANDEZ: Yes, sir. CHAIRMAN KAUFMAN: Okay. Let me try this the third and last time. Does a violation exist? October 26, 2018 Page 65 MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion that a violation exists. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We just voted that a violation exists. That's a building, there's no permit, the setbacks don't meet code, et cetera. Steven, do you have a suggestion for us? MR. LOPEZ-SILVERO: Yes, sir. The county recommends that the Code Enforcement Board order the respondent to pay all operational costs in the amount of $59.77 incurred in the prosecution of this case within 30 days. MS. NICOLA: That's the wrong one. MR. WHITE: That's the one from the previous case. MS. ELROD: I didn't see any vehicles outside the structure. CHAIRMAN KAUFMAN: Just so you know, this suggestion that the county is making is not for you. It's for the owner of the property. MR. HERNANDEZ: Okay. CHAIRMAN KAUFMAN: Okay. Continue, Steven, please. MR. LOPEZ-SILVERO: The county recommends that the Code October 26, 2018 Page 66 Enforcement Board orders the respondent pay all operational costs in the amount of $59.77 incurred in the prosecution of this case within 30 days, and abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion and/or occupancy for a newly installed metal building within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at filling in the blanks? Gerald? MR. LEFEBVRE: This structure, could it be moved to another spot? MR. HERNANDEZ: In reality, it can't. There's no electricity to run it -- to power to, you know, to a place. It's going to be very costly. We put everything we got into it. MR. LEFEBVRE: Well, what I'm trying to get at is -- MR. HERNANDEZ: There's not many space, shall we say. Everything already been taken up. CHAIRMAN KAUFMAN: Can it be moved five feet, three feet? MR. HERNANDEZ: There's no way for it to be moved at all. MS. CURLEY: So it can't be disassembled? MR. HERNANDEZ: It can be. If I were to take it apart, I would just have to throw it all away. October 26, 2018 Page 67 MS. CURLEY: One other question about your grandmother's relationship with the owner of the property. So did she or did you guys consult with them after you learned that there was new owners on how to proceed with your business, and did they give you permission to build this? MR. HERNANDEZ: They really -- we just -- how shall I say it? We didn't know. We just rebuild, you know, to get everything started again. CHAIRMAN KAUFMAN: I have a problem right now. Do you have the permission of the owner of the property to testify here? MR. HERNANDEZ: He's not here. We just built it, you know, because we didn't really think it was -- MS. CURLEY: They're here as witnesses. CHAIRMAN KAUFMAN: No, no. You're here as witnesses. This whole case is for the owner of the property, and unless he has specifically given you the ability to act in his or her behalf, that's how this runs. Okay? MS. CURLEY: I think that the whole board is assuming that they're just testifying as a witness. We know that the property owner, SA Equity Group, has decided not to show up here. CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: That's correct, right? CHAIRMAN KAUFMAN: Yes. Have you spoken with the owner of the property? MR. LOPEZ-SILVARO: No, sir. I haven't received any communication from him. CHAIRMAN KAUFMAN: Have you attempted to reach them? MR. LOPEZ-SILVARO: I've communicated or had the information communicated to him through the property owner, which is -- or the other property manager, which is his nephew. I have called him on several attempts in the past, and either I don't get a call back or October 26, 2018 Page 68 no attempts. CHAIRMAN KAUFMAN: Okay. Before we fill this in, Chris? MR. AMBACH: For the record, Chris Ambach, supervisor. CHAIRMAN KAUFMAN: Hold on. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: Supervisor Chris Ambach, Code Enforcement. I have also attempted on several occasions to deal with the owner of this property. Refuses to call us back or deal with us or stop down at the office. We've talked to his nephew out there who has done absolutely nothing to help on several cases that we're dealing with in the past and currently. CHAIRMAN KAUFMAN: Is the property more than just the square that this building sits on? The owner of the property, does he own -- MR. AMBACH: Oh, yeah. MS. CURLEY: Yeah. $464,000 purchase in November of 2017 -- CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: -- encompassing almost 36 lots. CHAIRMAN KAUFMAN: So it's not just this one piece, because if we find in violation and we impose a penalty, it goes against all of that individual's property; is that correct, Jeff? MR. LETOURNEAU: I'm sorry? CHAIRMAN KAUFMAN: I was just checking to see if you were aware. I said, if we find -- if we impose a fine on this individual, that fine becomes payable by the individual, and it's against all of the individual's property? MR. LETOURNEAU: That is correct. CHAIRMAN KAUFMAN: So -- you got it. MS. CURLEY: That's good. CHAIRMAN KAUFMAN: You got it. So we thank you for October 26, 2018 Page 69 testifying as witnesses, but we're about to fill in the blanks on this, and that goes against the owner of all of the property. MR. HERNANDEZ: Which will put a whole bunch of families out of business as well. CHAIRMAN KAUFMAN: Well, he's got to do what needs to be done. MS. CURLEY: I wouldn't jump to that conclusion just -- CHAIRMAN KAUFMAN: The problem is, it's a violation, and the owner of the property is responsible for the violation on his property. And he can't just stick his head in the sand and ignore it, as he has, because there are certain consequences for doing that, which he will find out. So let me go back to, would anybody like to fill in the blanks on this one? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll do it. Now, since the property owner -- property owner could do an affidavit, because he didn't own it when it was done, I think, but that's to be determined. I'd like to fine $200 a day and give him 60 days. Hopefully we will get a response from him. MR. LEFEBVRE: And about the -- CHAIRMAN KAUFMAN: 59.77 to be paid within 30 days. MR. BLANCO: Mr. Chairman, since the owner of the property is not present, I would like to put the notice on the record before we conclude this case, just stating that our office complied with Florida Statute in notifying the respondent of today's proceedings. CHAIRMAN KAUFMAN: Sure. Put on the record. MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular email and certified on October 11th, 2018. Property and courthouse were both posted on October October 26, 2018 Page 70 11th, 2018. CHAIRMAN KAUFMAN: Okay. So I have made my picks. Anybody want to second it? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Yes, Gerald? MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Discussion on it first. MR. LEFEBVRE: I think that we should give more time than 60 days. This is a person's living, makes her living off this, and I think if any action was to be taken within 60 days, it could severely affect the tenant. So I think it should be more than 60 days. I know we want to see this corrected, but in the circumstances, they have a building that they own. I would hate to see the owner of the property go and just knock the building down with an investment that's been made on the property by the tenant. MS. CURLEY: I want to also follow behind you on that; where I agree that this seems to be a little unfair. And I wondered, Tamara, if you're able to provide them with a Legal Aid service where they can be protected with -- you know, and get some help out in Immokalee for their property and what they've done and help with the landlord/tenant issue with -- MR. LEFEBVRE: It wouldn't be her. MS. NICOLA: I know that they can always call Legal Aid here October 26, 2018 Page 71 in Naples, and they have an office out there. I mean, I, obviously, don't have any control over that. But they do have -- I believe they have an office in Immokalee. And you're also right across from the Bar Association that sometimes can refer people. I mean, there is help for people that have the need. It's just I don't know how they would screen you or what they have available. But it's worth talking to them, absolutely. I wish I had a phone number I could give you but, you know, it's very easy to look it up. MR. HERNANDEZ: I appreciate that. CHAIRMAN KAUFMAN: Okay. Just a point before Gerald. The reason I put 60 days down is because we haven't heard hide nor hair from the owner of the property, and we need to get the owner of the property's attention. MR. LEFEBVRE: I understand that, but I don't want to have the owner have a knee-jerk reaction and remove the structure, therefore, causing loss of income and loss of property that the tenant has just put into the property. I'd like to see maybe if there's another resolution where, like you said, maybe the building be moved; to have a little bit of time to look at what other options there are. And we're coming into season, too. So that's probably when they're going to be making the bulk of their money. So that's my reason behind giving some more time to try to work this out. CHAIRMAN KAUFMAN: Sue? MS. CURLEY: How about if we look at that stipulation again. Maybe we can amend the first part of it so it doesn't say demo but something that -- MR. LEFEBVRE: Well, ultimately, I think the building's going to have to be disassembled. MS. CURLEY: I know, but to see if we can stretch it to accommodate your idea. CHAIRMAN KAUFMAN: First thing you have to do is to either October 26, 2018 Page 72 modify the motion that I made and was seconded by Kathy or withdraw the motion or vote on the motion. MR. LEFEBVRE: If it was moved -- CHAIRMAN KAUFMAN: The ultimate outcome here is going to be the same no matter what you do. Whether it's 60 days or six months, something has to be done. MR. LEFEBVRE: Absolutely, but it will give time for, hopefully, the tenant and the owner to work out to see if there's any other options, is what I'm trying to get at. CHAIRMAN KAUFMAN: Steven, when did you try to contact the owner? MR. LOPEZ-SILVERO: I'd say within the last 30 days. CHAIRMAN KAUFMAN: Thirty days. Did you try prior to that at all? MR. LOPEZ-SILVERO: In the past I have. No attempts by the property owner. He owns several properties throughout the county. We've dealt with him in the past. I have yet to meet him in person. MS. CURLEY: Is this the first violation in -- at this farmers market? Do we have any history of this farmers market having other issues here at this -- MR. LOPEZ-SILVERO: Not to my knowledge, ma'am. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. To keep peace on the Board, I will modify the 60 days to 120 days and make the fine $250 a day thereafter, if the second will follow. MS. ELROD: Second will follow. CHAIRMAN KAUFMAN: Okay. Any more discussion on the motion? MR. LEFEBVRE: Thank you, Chair. CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. October 26, 2018 Page 73 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So that's not for you. That's for the owner. They will be notified, and he has or she has sufficient time to try to resolve this with the county. Thanks, Steven. MR. LOPEZ-SILVERO: You guys have a good weekend. MR. HERNANDEZ: Thank you. Take care. MS. JUAREZ: Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral 6, old business, Letter C, motion for imposition of fines and liens, No. 1, Case No. CEPM20160010841, Community Association for Mill Run and Stonegate Collier County, Incorporated. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. HAGELMAN: I'm Mike Hagelman (phonetic), board member. MR. VANDERHADEN: Terry Vanderhaden, board member of the Stonegate/Mill Run Homeowners Association. CHAIRMAN KAUFMAN: Okay. MR. SHORT: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. SHORT: Supervisor Eric Short, Collier County Code Enforcement. October 26, 2018 Page 74 This is regarding violations of the Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-228(1) and Section 22-240(2)(c). Location is -- there's no site address, but we have a folio of 29517500100. Description is failure to maintain lake/stormwater management retention by allowing silt and rocks to alter the slope and configuration of the lake. Past orders: On February 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, OR book 5485, Page 2797, for more information. The violation has been abated as of August 10th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from May 24th, 2018, to August 10th, 2018, 79 days, for a total fine amount of $7,900. Previously assessed operational costs of $59.84 have been paid. Operational costs for today's hearing is $59.49. Brings us to a total of $7,959.49. Now, I do want to make it clear to the Board that there was some coordination with the county engineer after the hearing and getting this lake into compliance. Originally, when we prosecuted this case, we went off a third-party engineering report; should not have been done. We have an in-house county engineer, very reputable. His recommendation was a lot simpler than that third-party engineering. Once the coordination was handled, the association moved on it and corrected the violation. MR. LEFEBVRE: Make a motion to abate. MR. ASHTON: Second. MR. LEFEBVRE: Make a motion not to impose the fine. October 26, 2018 Page 75 MR. ASHTON: Second. CHAIRMAN KAUFMAN: Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. HAGELMAN: Thank you so much. MR. VANDERHADEN: Thank you. CHAIRMAN KAUFMAN: Can I fish in the lake now? MR. LEFEBVRE: He's shaking his head no. MR. BLANCO: Next item on the agenda, it's No. 2, Case No. CESD20150001965, Fabricio Fernandez and Allison J. Fernandez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. FERNANDEZ: Hi. My name is Allison Fernandez. I am the daughter of Fabricio and Allison Fernandez, who are both the owners of the property. CHAIRMAN KAUFMAN: And they've given you permission to testify in their behalf? MS. FERNANDEZ: Yes. CHAIRMAN KAUFMAN: Okay. MR. FERNANDEZ: My name is Fabricio Fernandez. October 26, 2018 Page 76 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Danny, can you move that form down so we can read it? We don't have it in our packet. MR. BLANCO: You want us to bring it down? MS. CURLEY: Well, we have to read it, right? MR. BLANCO: The supervisor will read it into the record. CHAIRMAN KAUFMAN: Can you tell us -- let me pause for a second -- the reason that we don't get this form anymore? MR. BLANCO: We're going paperless. CHAIRMAN KAUFMAN: Why isn't it here? There's no paper there. MR. BLANCO: Oh, you guys have a switch under -- on the side of the computer that you can switch it -- we use two different screens. The screen that you guys see on the monitors is different from the ones you guys have in front of you. CHAIRMAN KAUFMAN: This is progress? MR. LETOURNEAU: You're looking at me? CHAIRMAN KAUFMAN: You looking at me? MS. CURLEY: We at least put these in the folder at the end of the one document that we're working on. MR. ASHTON: You've got to hit HD. CHAIRMAN KAUFMAN: The problem is that after you do that, Danny, then you can't scroll. It's a pain in the neck is what it is. It should be with the other paperwork that's on the screen. You can't scroll. MS. CURLEY: I'm not touching it. CHAIRMAN KAUFMAN: Okay. So what I have on my screen now is the top half until I can figure out how to scroll. MS. CURLEY: No. You're at her scroll. She's the scroller. You're just a witness. CHAIRMAN KAUFMAN: I'm a scroller. You're a scroller. October 26, 2018 Page 77 MS. CURLEY: She's a scroller. You can't scroll. CHAIRMAN KAUFMAN: Could you scroll me down. Oh, thank you. Okay. Chris? MR. AMBACH: All set? CHAIRMAN KAUFMAN: Yeah, sort of. MR. AMBACH: All right. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(e) and 10.02.06(B)(1)(a). Location: 5472 32nd Avenue Southwest, Naples, Florida; Folio No. 36457240005. Description: An addition added to the existing structure without first obtaining the proper Collier County permits. Past order: 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, OR5493, Page 3298, for more information. The violation has been abated as of September 20th, 2018. Fines and costs to date are as follows: Part B of the order, fines have accrued at a rate of $250 per day for the period from May 22nd, 2018, to September 20th, 2018, 122 days, for a total fine amount of 30,500. Part C of the order, fines have accrued at a rate of $250 per day for the period from March 24th, 2018, to September 20th, 2018, 181 days, for a total fine amount of $45,250. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing, $59.35. Total amount: $75,809.35. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Can you read the A, B, C, and D? I think they're October 26, 2018 Page 78 -- CHAIRMAN KAUFMAN: I see the B and C. MS. CURLEY: It will refresh our memory on the case. CHAIRMAN KAUFMAN: Helen, could you go down -- I mean, go up a little bit. There you go. MR. AMBACH: The gravity of the violation was low. B: Any actions taken by the violator to correct the violation: Obtain Collier County permits, inspections, and certificate of completion for the modifications made to the property. Any previous violations committed by the respondent violator: None. Any other relevant factors: The property owner's wife has cancer, and he was not able to do the necessary repairs to pass the inspections until her treatment was completed. CHAIRMAN KAUFMAN: Okay. And you're before us to tell us? MS. FERNANDEZ: Yes. I just wanted to tell you guys that we wanted the fees waived because -- so in 2015 my parents asked for the permits to expand the house, and in 2016 that's when my mother received cancer. So she got it in her head, spread to her heart, to her back. So the money that was expected to go to the extension went to her medical bills. And due to the loss of the income from my mother, we've asked for all these extensions. So we just would please ask if you could just waive the fines, waive the fees. I'm sorry. I'm a little bit emotional. CHAIRMAN KAUFMAN: Okay. Comments, questions from the Board? MS. CURLEY: I have a motion. MR. LEFEBVRE: Make a motion to deny the county's request to impose the fines. October 26, 2018 Page 79 MR. ASHTON: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? MR. LEFEBVRE: Operational costs for today will not have to be paid unless they were coming for an extension. MR. ASHTON: That disappears. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fines have gone away. MS. FERNANDEZ: Oh, thank you so much. MR. LEFEBVRE: You're welcome. MR. AMBACH: Thank you. MR. BLANCO: Next item on the agenda, it's No. 3, Case No. CELU20180001084, Judith Telfort. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MS. TELFORT: My name is Judith Telfort. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Investigator Jonathan Musse, Collier County Code Enforcement. October 26, 2018 Page 80 Past orders: On April 27th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR5506, Page 1638, for more information. The violation has been abated as of August 2nd, 2018. Fines have incurred (sic) at the rate of $100 per day for a period from May 12, 2018, to August 2nd, 2018, 83 days, for a total fine amount of $8,300. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing, $59.49. Total amount: $8,359.49. Did you want me to continue reading the other -- CHAIRMAN KAUFMAN: They're on the bottom of our screen now. MR. MUCHA: Okay. CHAIRMAN KAUFMAN: Okay. And good morning. MS. TELFORT: Good morning. CHAIRMAN KAUFMAN: And you're here to request? MS. TELFORT: Yes, to waive the fine, because I didn't know. Mr. Jonathan didn't tell me I supposed to go pay the same day, and then he think I receive a letter from the Court to pay the money. I don't receive anything. I don't know -- I thought I was supposed to pay when I'm with him again, and I didn't know if I supposed to pay the $59 the day I was here. That's why I didn't pay it. CHAIRMAN KAUFMAN: Okay. So the operational costs is what you're talking about? MS. TELFORT: It's $59. CHAIRMAN KAUFMAN: The $59.63 has been paid. MS. TELFORT: Yes. CHAIRMAN KAUFMAN: The operational costs for today's October 26, 2018 Page 81 hearing is 59.49, unless it's abated. Okay. MS. TELFORT: Okay. CHAIRMAN KAUFMAN: Give me a minute while I figure out how to go back to the original case. Okay. Questions or comments or motions from the Board? MS. CURLEY: I'll make a motion to deny the county's request for the fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: 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. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUSSE: Thank you. MS. TELFORT: Thank you. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Next item on the agenda, it's No. 7, Case No. CESD20170004712, IBO, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Do you want to read the -- MR. ASHTON: Yes. Board of Commissioners versus IBO, October 26, 2018 Page 82 LLC. Violations: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location of the property is 313 Nixon Drive, Immokalee, Florida, 34142, I believe is the ZIP code. Description: Converted part of an existing screened patio to enclose structure with electric and air-conditioning without first obtaining all Collier County building permits and approvals. Past orders: On November 17th, 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, OR5456, Page 1400, for more information. The violation has been abated as of September 4th, 2018. Fines and costs to date are as follows: Part B of the order, fines have accrued at the rate of $250 per day for the period from February 16th, 2018, to September 4th, 2018, 201 days, for a total fine amount of $50,250. Part C of the order, fines have accrued at the rate of $100 per day for the period from November 19th, 2017, to September 4th, 2018, 290 days, for a total fine amount of $29,000. Previously assessed operational costs of $59.91 have been paid. Operational costs for today's hearing is $59.42. Total amount is $79,369.33. A, the gravity of the violation is not a health and safety violation. B, any actions taken by the violator to correct the violation: Property owner secured a building permit correcting the violation. C, any previous violations committed by the respondent: None. D, any other relevant factors: None. CHAIRMAN KAUFMAN: Okay. Good morning. MR. BLANCO: Mr. Chairman, I just want to clarify. The total October 26, 2018 Page 83 amount was $79,309.42, for the record. CHAIRMAN KAUFMAN: Yeah. That's on the sheet that was on our -- MR. LEFEBVRE: Yes. But it was stated wrong. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. Part -- can you explain what Part B and Part C of the order was? Part B of the order started February through September, which was around seven months. MR. BLANCO: Mr. Chairman, I have Part B here that ordered the respondent to obtain all required Collier County building permits, demolition permits, inspections, certificate of completion for the enclosed screened patio with new windows and electric. Part C, order the respondent to cease use of the unpermitted structure for living purposes and disconnect all utilities until all county approvals, permits, inspections, and certificate of completion/occupancy are obtained. CHAIRMAN KAUFMAN: Okay. So can you tell us, tell the Board, why it took seven months to do the Part B of the order and why it took 290 days, which was the part of -- part of the property was occupied, to un-occupy it, if you will. MR. OZBAY: Yes. For the record, my name is Erhan Ozbay. That's E-r-h-a-n, O-z-b-a-y. I'm just confused on the Part C part, because since Day 3, the electricity's been cut off, so that was the -- I guess you would say, the hazard part of the thing was the electricity not being approved and air-conditioned. So we made sure that was done three days right after that. So I'm assuming that's when the inspection later on was done, so that's how it's calculated for that, for the Part C. CHAIRMAN KAUFMAN: After the three days that you did that, did you call Code Enforcement to let them know that you had done that? MR. OZBAY: Oh, yeah. They're aware of that. They actually October 26, 2018 Page 84 came out, too. CHAIRMAN KAUFMAN: Okay. MR. ASARO: I took over this case in September, and I have no knowledge of any phone calls, because Juan Garcia's no longer with us. CHAIRMAN KAUFMAN: Okay. MR. ASHTON: That could have taken place. MS. CURLEY: The stipulation agreement reads with 1 through 5, and so then it's categorized as Part B, and Part C, it's a little bit hard to know how -- just a little -- CHAIRMAN KAUFMAN: How it matches up. MS. CURLEY: Yeah. But go ahead. Sorry. MR. OZBAY: So any-who, the part of the building that we're talking about is -- was enclosed with a screen porch area. So we want to convert that into, basically, extra storage. You know, we're a business in Immokalee, we're a restaurant, and we're very busy. We try to accommodate as much as we can at the end of the season and whatnot, so we just need that extra space. So, you know, in violation, we didn't have any permits and whatnot for that building. But our objective was to see if we can use that space and continue to actually pull proper permits and actually make that place enclosed. That's very, very hard process, not only just to find the engineers, the whole -- what it requires. You know, we had help from our contractor and Tami here as well as, too, to see what we need to pull these permits, and the people that we talked to at the county didn't even know exactly. So we had to do this process of figuring out what we needed to make that structure the way that we wanted to initially. Turns out it's a no-go, because just the engineering costs alone would cost us minimum, what was it, $24,000. That's not even guaranteed that that would be the total costs, just for the engineering October 26, 2018 Page 85 and the planning and whatnot. So to us -- and that was maybe a couple months out, you know, like, maybe two, three months out that we found that out. It wasn't be worth our time; it wasn't worth our money because that's, you know, ridiculous to pay for that. So what we ended up deciding to do was to demo it back to its original condition, which also -- then also required a lot of process to pull these permits as well, too. It was not easy. It's not the easiest thing. But we did put it back, you know; everything is in place. We did have an inspection out there, electric and the structure as well as, too. So that's where we're at. 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's request for the $7,903.42 fine. MR. LEFEBVRE: 79,000. MS. CURLEY: Seventy-nine. CHAIRMAN KAUFMAN: 79,309.42. MS. CURLEY: 79,309.42, and also exclude the operational costs for today. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. October 26, 2018 Page 86 MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. OZBAY: Thank you. CHAIRMAN KAUFMAN: You need to tell us what kind of food you serve, because she's hungry. MR. OZBAY: We're open 5 to 9 every day, so breakfast, lunch, and dinner. MS. ELROD: What kind? MR. OZBAY: Oh, southern food, so meatloaf. Thank you, guys. MR. BLANCO: Mr. Chairman, we have an additional change to the agenda. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Last-minute change. CHAIRMAN KAUFMAN: Okay. What is the change, and then we'll vote on it? MR. BLANCO: Roman numeral 7, old business, Letter C, motions for imposition of fines and liens, No. 4 Case No. CELU20160010501, Anthony V. Piccirilli Estate, has been withdrawn. CHAIRMAN KAUFMAN: Okay. Motion from the Board to accept the change? MR. ASHTON: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. October 26, 2018 Page 87 MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Next item on the agenda, it's No. 9 from impositions, Case No. CESD20170003341, Eliseo Viamonte. MR. LEFEBVRE: Number 9 is two down from IBO, the last case. (The speakers were duly sworn and indicated in the affirmative.) MS. PULSE: Good morning. CHAIRMAN KAUFMAN: I have to stand on my head to read it. MR. LEFEBVRE: He just flipped his computer screen upside-down. CHAIRMAN KAUFMAN: Maybe if I turn the monitor upside-down, it will work. Could you state your name on the mike for us, please. MR. VIAMONTE: Yes. My name is Eliseo Viamonte. CHAIRMAN KAUFMAN: Okay. Dee? MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. This is violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), (e), and (i). The location was 5428 27th Avenue Southwest, Naples, Florida; Folio 36321920008. Description was alterations consisting of, but not limited to, garage conversion into living space with full bathroom and a door installed in the rear for private access. No Collier County permits obtained. Past orders: On July 27th, 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 October 26, 2018 Page 88 correct the violation. See the attached order of the Board, OR5420, Page 3497, for more information. On January 26th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5477, Page 2474, for more information. On May 24th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5519, Page 3592, for more information. Violation has been abated as of October 8th, 2018. Fines and costs to date are as follows: Part B of the order, fines have accrued at a rate of $250 per day for the period from November 25th, 2017, to October 8th, 2018, 318 days, for a total fine amount of $79,500. Part C of the order, fines have accrued at a rate of $250 per day for the period from August 4th, 2017, to February 14th, 2018, 195 days, for a total fine amount of $48,750. Previously assessed operational costs of $64 have been paid. Operational costs for today's hearing, $59.91. Total amount: $128,309.91. CHAIRMAN KAUFMAN: Okay. Do you have a question? MR. LEFEBVRE: Not a question, but this case was regarding Mr. Viamonte going through a divorce, if I'm not mistaken. He was not allowed on the property. Wife was not cooperating, so in that light, I feel that -- I make a motion to deny the county's request for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. October 26, 2018 Page 89 MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Your time was well worth waiting. MR. VIAMONTE: Thank you. MS. CURLEY: This is the first time that you didn't have to ask for it. MR. VIAMONTE: Thank you. Appreciate it. God bless you. MS. CURLEY: Good luck. MR. LEFEBVRE: You have a good memory. MR. BLANCO: Next item on the -- CHAIRMAN KAUFMAN: He remembers divorces, yes. MR. LEFEBVRE: No ex-wives. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Okay. Danny, you're on. MR. BLANCO: All right. Next item on the agenda, it's No. 10 from impositions. Case No. CESD20140011921, Omar Otero, Sr., and Liliana L. Portillo. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. OTERO: Omar G. Otero. CHAIRMAN KAUFMAN: Okay. MR. ODOM: Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is an imposition of fines for Case No. CESD20140011921. Violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), located at 4886 16th Street October 26, 2018 Page 90 Northeast, Naples, Florida; Folio 39551600008. Description: Originally expired permits for fencing and structures on the property. Past orders of the Board: On March 24th, 2016, 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, OR5257, Page 889, for more information. On February 23rd, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5368, Page 3562, for more information. On July 27th, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR52 -- 5420, Page 3503, for more information. The violation has been abated as of September 24th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from March 19th, 2017, to September 24th, 2018, 555 days, for a total fine amount of $55,500. Previously assesses operational costs of $64.17 have been paid. Operational costs for today's hearing, $59.63. Total amount: $55,559.63. Mr. Chairman, would you like me to read the rest of that, or are we good? CHAIRMAN KAUFMAN: No, that's okay. MR. ODOM: Okay. I would like to say one more thing, and I'm sure he'll plead his case. But I know it took this gentleman a while, but he lives in Miami, and he's got a lot going on, and he finally got it all wrapped up. So I'll let him do the rest. CHAIRMAN KAUFMAN: Okay. This was the farm? MR. OTERO: Yes, sir. This has the farm. October 26, 2018 Page 91 As you know, the original case, it was never my intention to commit any violation. I was just misinformed that when you have the agricultural exemption, you didn't need a permit to build protection for the animals, so I did. When I was cited by the inspectors, I came, and I pled my case. But, like, I wasn't planning to build a house. I didn't -- I don't have the economical monetary means. You don't know what it has taken me; every person I know have lend me money. I'm buried up to here. Finally, when we draw the plans, I got the permits, it took a lot of time for them to approve the plans, the permit, the modifications. After that -- it took about seven months. After that, I tried to do the modification to lift the house because it was a little lower than the crown of the road. The house fell apart when they pulled it up. I lost every single dollar that I put in that structure. So new plans had to be drawn. New permits have to be obtained. They closed the case. I pay my impact fee even before I started the other structure. Then it took another four or five months for the engineers and the architect to draw plans and get the permits; they were modified several times. Then the labor was for me have -- everybody was busy with the -- you know, doing the septic tanks. It took about seven weeks for one -- eight weeks to get a permit there to build it. The well -- the electricians were busy everywhere, so finally I got it done. Everything is up to code, up to date, and I completed -- I got the CO for the first one and this one as well. CHAIRMAN KAUFMAN: So you're asking us for? MR. OTERO: Sir, I will -- if you have it in your heart, and, please, have some pity on me because I really don't have -- I owe everybody that you can even think of. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Wait. I have a question. You built a house? October 26, 2018 Page 92 MR. OTERO: Yes, ma'am. Out of my own pocket, I borrowing money from sisters, neighbors, coworkers, my daughter, my son, everyone. MS. CURLEY: All that for the goats? MR. OTERO: Yeah, well, the goats and a couple of cows that I have there, yeah, but and it's done, and I just got to find a way to pay it back now. MR. LEFEBVRE: Question for you, for the investigator: Why does it say the gravity of the violation is high? MR. ODOM: That is a mistake, and I will own that. It's moderate. MR. LEFEBVRE: Okay. I make a motion to deny the county's request for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: (No verbal response.) MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. OTERO: Thank you. I haven't been able to sleep in four weeks, and I lost 15 pounds. CHAIRMAN KAUFMAN: That's all I have to do is borrow money and loss weight? MR. OTERO: And now I owe money, because my first granddaughter was born last night. October 26, 2018 Page 93 CHAIRMAN KAUFMAN: Congratulations. MR. LEFEBVRE: Go see her. MR. OTERO: That's going to cost me a little bit with everything else. Thank you very much. Appreciate it. MR. BLANCO: Okay. Next item on the agenda, it's No. 11 from impositions, Case No. CESD20140017894, Jose F. Garcia. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. GARCIA: Good morning. CHAIRMAN KAUFMAN: Could you state your name for the record, sir. MR. GARCIA: Jose F. Garcia. MS. GUY: Good morning, almost good afternoon. For the record, Paula Guy, Collier County Code Enforcement. Today we have the imposition of fines for CEB Case No. CESD20140017984. Violation is Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The location is 2087 DeSoto Boulevard North, Naples, Florida; Folio 40420400004. The description of the violation is incomplete home. The past orders reflect on May 28th, 2015, 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. Please see the attached order of the Board, OR5163, Page 1490, for more information. On April 29th, 2016, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5270, PG2598, for more information. On October 28th, 2016, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5330, PG3009 October 26, 2018 Page 94 for more information. On May 25th, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5400, PG3547, for more information. This violation has not been abated as of October 26th, 2018. The fines and costs to date are as follows: The fines have accrued at a rate of $200 per day for the period from May 23rd, 2016, to October 26th, 2018, 887 days, for a total fine amount of $177,400. Daily fines continue to accrue. The previously assessed operational costs of $65.42 have been paid, and operational costs for today's hearing is $59.63. The total amount due is $177,459.63. CHAIRMAN KAUFMAN: Okay. Thank you. We have a problem that this has not been abated, but why don't you let us know what's going on. MR. GARCIA: Well, I went -- I've been sick for the past year and a half or so, and I also went through a tough time in my family. I went through a divorce. And I haven't been able to do much in the house because of that. Part of the money, almost all the money that I have to build the house, I have to find another place for my ex and my daughters. So now I'm working, trying to get a loan. And I have a GC, a general contractor, in line to finish the house. But I have to get the loan before I can proceed because I don't have enough funds as it is right now. MR. LEFEBVRE: How big of a house was this? MR. GARCIA: It's 3,500 square feet under A/C; 5,000-square-foot total. MR. LEFEBVRE: I remember it was a big home. Did you buy it -- MR. GARCIA: I bought it back in 2014. October 26, 2018 Page 95 MR. LEFEBVRE: And it was partially built. MR. GARCIA: It was half -- I mean, not half, but it was built all the way to the tie beams. MR. LEFEBVRE: Tie beam, right. Have you applied for the loan yet? MR. GARCIA: I did. MR. LEFEBVRE: You did, okay. When are you expecting -- MR. GARCIA: Probably within three weeks or something like that. MR. LEFEBVRE: Because the issue we have, if we -- if we impose the fine, then it's recorded on public records, and to get financing, that might be -- CHAIRMAN KAUFMAN: It would be difficult to get your loan approved then. MR. GARCIA: Yes, it will. MS. CURLEY: Do they know about this case? MR. GARCIA: No, they didn't. CHAIRMAN KAUFMAN: They won't as long as it continues to be continued. MR. LEFEBVRE: If this financing goes through, how long do you think it will be before you finish the house? And we probably asked this of you before. MR. GARCIA: Yes, you have. And according to a GC, it will take about four months to finish the house. I got to do all the inside. I'm -- MR. LEFEBVRE: Is the roof on now? MR. GARCIA: Yes, it is, and I just had the final inspection on the roof. MR. LEFEBVRE: And it's still -- the permit has not expired? MS. GUY: Well, in addition -- the permit expired, actually, from 2014 permit in September 26th, 2018. He actually got it reinstated in October 26, 2018 Page 96 October. MR. LEFEBVRE: Okay. MS. GUY: I can tell you that October 24th he actually passed four different -- no, five -- I stand corrected -- five inspections. Three that were electrical related and the other two were regarding the roof. So the roof has a final. MR. LEFEBVRE: Good. MS. GUY: So he's moving forward. MR. LEFEBVRE: So you're progressing. MS. GUY: Yes. I'm finally being able to do some. MR. LEFEBVRE: Right. Well, that's encouraging. MS. CURLEY: Is there any way we can clean this up and start fresh, or we're just stuck in this case? CHAIRMAN KAUFMAN: You need to continue -- continue with what we're doing, and to clean -- gets cleaned up at the end. MS. CURLEY: I have one question -- MR. LEFEBVRE: Well, one way to clean -- MS. CURLEY: A technicality. Are you -- did you own this with your spouse, previous spouse? MR. GARCIA: No. MS. CURLEY: Okay. Okay. MR. GARCIA: No. It was just in my name. MR. LEFEBVRE: Are you building it -- MR. GARCIA: As owner. MR. LEFEBVRE: Are you building it for yourself, or are you building it to sell it? MR. GARCIA: I was building it for myself, me and my family, my daughters and my ex. Right now I'm not even sure what I'm going to do with it, to be honest. I also have another property close by. That's where I live at. CHAIRMAN KAUFMAN: We'll have a much better idea as October 26, 2018 Page 97 time ticks by. MR. LEFEBVRE: Right. I mean, the thing is is this case has been going on since, was it '14? MS. GUY: Actually, 2013 there was a previous case with a previous owner. MR. LEFEBVRE: Previous owner. MS. CURLEY: Sometimes this just happens. MR. LEFEBVRE: Yeah, this is a tough one. CHAIRMAN KAUFMAN: Well, if you get the loan, and the four months, we would see a tremendous amount of progress. MR. LEFEBVRE: We're seeing progress now. It's not like it's -- CHAIRMAN KAUFMAN: Right. MR. LEFEBVRE: -- a case we had near the water where everything was kind of sitting still. CHAIRMAN KAUFMAN: Yes. Make the -- go ahead. Make a motion. MR. LEFEBVRE: A continuance the fines keep on accruing. MS. CURLEY: So I make a motion for a continuance for six months. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ASHTON: Aye. MR. WHITE: Aye. October 26, 2018 Page 98 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: So hopefully when we see you in six months, you'll have a lot more progress. MR. GARCIA: Hopefully it's all done by then. CHAIRMAN KAUFMAN: Thank you. MR. GARCIA: Thanks. MR. LEFEBVRE: Have a great day. MR. BLANCO: Next item on the agenda, it's No. 12 from impositions. Case No. -- CHAIRMAN KAUFMAN: I'm sorry. MR. ASHTON: Mr. Chairman, I have to be excused. I have a doctor's appointment. CHAIRMAN KAUFMAN: Yes. Bob mentioned it. We'll function in your absence. You were here for the fun part. MR. ASHTON: Okay. MR. LEFEBVRE: Have a good day. MR. BLANCO: Case No. CESD201600020990, A&B Web Ventures, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Which one is this again, Danny? MR. BLANCO: That's No. 12, sir, A&B Web Ventures, LLC. CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: 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, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). October 26, 2018 Page 99 Violation location is 408 La Peninsula Boulevard, Naples; Folio 33400000169. Violation description is a screen enclosure removed prior to obtaining Collier County permits. Past orders: On May 25th, 2017, the Code Enforcement Board issued a findings of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board, Book 5400, Page 3537, for more information. Violation has been abated as of July 20th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day from the period from February 20th, 2018, to July 20th, 2018, 151 days, for a total fine amount of $7,550. Previously assessed operational costs of $65.85 have been paid. Operational costs for today's hearing: $59.35. Total fine amount: $7,609.35. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Question. CHAIRMAN KAUFMAN: Gerald? MR. LEFEBVRE: What's the process if a respondent has contacted a board member prior to a meeting? Would it be just state that there's ex parte discussion? MS. NICOLA: Uh-huh. MR. LEFEBVRE: Okay. Thank you. CHAIRMAN KAUFMAN: Does anybody want to report that the respondent contacted them? MS. CURLEY: Yes. This respondent or -- either his husband or wife contacted me through social media and asked for assistance, and this was eight or nine months ago. And I reported it at the time. CHAIRMAN KAUFMAN: Okay. October 26, 2018 Page 100 MS. CURLEY: And I believe that most of the board members also got print media and print letters in the mail which I didn't respond. CHAIRMAN KAUFMAN: I do remember getting a letter which I delivered to the Board -- to Code Enforcement, okay. And none of us have any financial, that I know of, dealings with the respondent, and that's what counts as far as an ethics problem. MR. LEFEBVRE: I did not receive a letter. MS. ELROD: I did, and I brought it to your attention. CHAIRMAN KAUFMAN: One, two, three -- MR. WHITE: No. CHAIRMAN KAUFMAN: -- letters, okay. All right. I think we can go on, and I don't think it disqualifies anybody from anything. Okay. Sir? MR. APUZO: Yes, Frank Apuzo (phonetic). So I was here on the 25th of May 2017 for the hearing. First of all, when I took the screen enclosure off, I did not know I required a permit, because other people in our whole community had done that same thing. My next-door neighbor, who was on the board, I told him I wanted to do that. He gave me like a verbal permission to do it -- that's what I testified last time I was here -- and then he called the county and reported me. So the county came out and said, you know, a demo permit was required, so I said, okay, fine. So after I left here, I paid the fee that I had to pay for being here, and then I contacted a contractor and just said I needed to hire you simply just to pull the permit. So an application for a permit did begin, and they started the process. Then the county told the contractor that they needed permission from our board before the permit could be issued. So I think it was Liz Greer -- there was another agent that was October 26, 2018 Page 101 working on the case originally -- and Renald Paul from the county started communicating with the Board to try to get the approval, and our board was being very difficult and very uncooperative. And Renald Paul could testify to that if necessary. Finally, the board -- I resubmitted a request to remove the screen. They said, well, you're going to have to submit a second request, but take out the commentary, as they called it. And the commentary was the facts of the matter, which was the board president told me I could take the screen down. They just didn't want that in the record. So then I resubmitted a request saying I'm going to take the screen down, I'm not going to replace it, and then they did approve it. Well, then September 10th came, and the hurricane hit. I was here -- I live on Isles of Capri, so I was on Capri before the hurricane helping my neighbors prep for the hurricane. Then after the hurricane I was helping with cleanup. I even ruptured a disk in my back, landed in the hospital on December 16th for a first surgery. Four weeks later I had a spinal fluid leak in my back, has a second surgery in January, and I was laid up. I was in the hospital for a week. I've been laid up until about three months ago, but I still proceeded with trying to get this thing handled. Contacted the original general contractor and said, you know, I need to reapply for the permit. So that meant more fees. It's cost me over $1,000 to pull a permit when nobody else in the community of 175 owners even got one to take their screens off. It's ridiculous. And Ms. Curley made a comment about uncomfortable at the treatment of our citizens. At La Peninsula, it's horrible what's going on with these board members and how they act toward certain owners if they don't like them. Not part of this case, but in a sense it is, because of what we've had to go through, my wife and I. So long story short, the contractor did get the second permit after the second application. They did do the inspection. Everything's been October 26, 2018 Page 102 finalled. It's basically a done deal. So I'm here to respectfully ask to waive the fines. It was really out of my control over the situation. I'm very sorry that I'm even here to have to deal with this with you-all, because you've got much more important things to be doing. That's really it. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. LEFEBVRE: Is this a condo association? MR. APUZO: Yes. MR. LEFEBVRE: Is this a condo association? MR. APUZO: Yes. There's nine of them there with 175 owners. MS. CURLEY: How many screens got blown out after the hurricane? MR. APUZO: A few of them did get blown off and, interestingly enough, they went and installed them without permits. So I brought that to the attention of the management company and then, voila, a few weeks later, they got permits miraculously. So it's not so much "do as we say." It's, you know, "Don't do as we do. Do as we say." And it's just -- it's unfortunate. I think that's the deal with condos down here. CHAIRMAN KAUFMAN: So you're not going to cite God for removing the screen enclosures without a permit? MR. APUZO: Not today. But there were some removed without the, you know, hurricane; in other words, people just took them off, and that was basically okay, it seemed like. MR. LEFEBVRE: Make a motion to deny the county's request for imposition of fines. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. October 26, 2018 Page 103 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. APUZO: Thank you-all very much. I appreciate it. MS. CURLEY: If you can't beat them, join them. Go ahead and join your board and watch how fast they like you. MR. BLANCO: Next item on the agenda, it's No. 5 from impositions. Case No. CESD20170010243, Jean Jorhel Decembre and Yoland Jean Domond. I just want to state for the record, Mr. Chairman, that the respondent was present earlier. He had an appointment, so he had to leave. (The speaker was duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: For the record, Maria Rodriguez, Collier County Code Enforcement. This is in reference to Case No. CESD20170010243. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Location: 4257 17th Avenue Southwest, Naples, Florida; Folio No. 35771000003. Description: Unsecured swimming pool, missing an approved pool barrier in the rear yard of improved occupied residential property. Past order: On April 17th, 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, OR5506, Page 1641, for more information. October 26, 2018 Page 104 The violation has not been abated as of October 26th, 2018. Fines and costs to date are as follows: Part B of the order, no fines accrued. Part C of the order, fines have accrued at a rate of $250 per day for the period from June 27th, 2018, to October 26th, 2018, 122 days, for a total fine amount of 30,500. Daily fines of 250 continue to accrue on Part C of the order. Previously assessed operational costs of $59.42 have not been paid. Operational costs for today's hearing is $59.35. Total amount: $30,618.77. CHAIRMAN KAUFMAN: Okay. This has not been abated. I assume that what happened was the temporary fence went up. MS. RODRIGUEZ: It did. CHAIRMAN KAUFMAN: And that stopped the first part of the fines -- MS. RODRIGUEZ: He tried to get a permit for the screen enclosure, like he hired a GC, but that never happened. So I mentioned that maybe it would be easier for him and financially probably be a lot less if he just installed a fence, which the contractor said that he would do, which he did do, but he pulled a permit just for a fence and not a pool barrier fence. So it might take him a couple weeks, but it should be abated in a couple of weeks. CHAIRMAN KAUFMAN: I would think that since he was here today, we did go long, that the proper thing to do would be for the county to pull this for a month and bring it back. MR. LEFEBVRE: Have the operational costs been paid? MS. RODRIGUEZ: They have not. And I asked him before -- a couple of days before he came in, I went to his house and asked him, you have to pay the operational costs, and he told me he couldn't afford October 26, 2018 Page 105 it; that he had used up all his money in order to get this pool barrier thing done, and he has none to pay. CHAIRMAN KAUFMAN: So Jeff? MR. LETOURNEAU: I'm sorry. MR. LEFEBVRE: Can you withdraw this case? CHAIRMAN KAUFMAN: Just till the next meeting. MR. LETOURNEAU: Yes, we can. CHAIRMAN KAUFMAN: That works. Thank you. MS. RODRIGUEZ: I'll let him know. CHAIRMAN KAUFMAN: Thanks, Marie. If you would, when you speak to him, tell him if he doesn't pay his operational costs, we are bound to just implement -- impose the fine. MS. RODRIGUEZ: I'll let him know. Thank you. MS. CURLEY: Would there be costs for today or no? CHAIRMAN KAUFMAN: Well, it's withdrawn. It wasn't here. MS. CURLEY: So he's not in arrears? CHAIRMAN KAUFMAN: Yeah. Oh, he's in arrears. Just not today. MR. BLANCO: Next item for the agenda, it's No. 6 from impositions, 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 an imposition of fines for Case No. CELU20180001234. Violations of the Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances Chapter 54, Article 6, Section 54-181 and Chapter 130, Article 3, Section 130-96(a) located at 128 37th Avenue Northeast, Naples, Florida; Folio 38502240000. Description: Prohibited accessory use without first having a permitted principal/primary structure -- correction -- primary October 26, 2018 Page 106 use/structure, unauthorized outside storage of items including, but not limited to, various pieces of furniture, two recreational vehicles, one storage container, one boat, two vehicles, and litter -- additionally, litter. Past orders: On July 26th, 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, OR5540, Page 2974, for more information. The violation has not been abated as of today. Fines and costs to date are as follows: Fines have accrued at a rate of $150 per day for the period from August 26th, 2018, to October 26th, 2018, 62 days, for a total fine amount of $9,300. Daily fines continue to accrue. Previously assessed operational costs of $59.56 have been paid. Operational costs for today's hearing: $59.42. Total amount: $9,359.42. CHAIRMAN KAUFMAN: Quick couple of questions. Number one, have you been in contact with the individual? MR. ODOM: Yes, Mr. Chairman, I have. I spoke with the property owner, Ms. Gibson, on Tuesday morning, and I informed her that I had recently posted her property, et cetera, and I encouraged her -- I said, you paid the operational costs, that's great. Make sure you're at the imposition-of-fines hearing on Friday, so -- and -- but she said she was going to be at the initial hearing, too, and she didn't show up to that either so... CHAIRMAN KAUFMAN: Okay. Since it has not been abated, our hands are tied. We either grant a continuance to someone who's not requesting one, or we find them in violation. MS. CURLEY: I just have a question. CHAIRMAN KAUFMAN: Shoot. October 26, 2018 Page 107 MS. CURLEY: Number 4, it says that if the respondent fails to abate the violaiton, the county may be able to abate the violation. Is that going to be considered? Is the county going to clean this up and then -- CHAIRMAN KAUFMAN: Well, generally -- correct me if I'm wrong -- the violation is they have a storage or some other ancillary type of structure on the property without a home. MR. ODOM: Correct, sir. CHAIRMAN KAUFMAN: So the county is not going to build a house for them. MS. CURLEY: No, no. It says -- like, the trash and things. Isn't there removing unauthorized items currently being stored on the property, and No. 4 on the stipulation states that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office. MR. ODOM: To answer that question, ma'am, I will say that some progress has been made in terms of trash being taken off. One vehicle has been removed, but that's it. And I'm guessing -- somebody correct me if I'm wrong, but I don't believe the county would abate this at this point, because it's not health and safety. CHAIRMAN KAUFMAN: Chris, you -- MR. LETOURNEAU: Mike, is it an improved? MR. ODOM: No, it's vacant. MR. LETOURNEAU: We can definitely look into abating it, but if it's still like any of these pictures I'm looking at, then I highly doubt the county's going to go in there and do it at this time. CHAIRMAN KAUFMAN: I'd have a heart-to-heart with the respondent and let them know that if the county does abate it, it's going to cost her twice as much money as it would if she abated it herself, October 26, 2018 Page 108 number one. MR. ODOM: That's correct. CHAIRMAN KAUFMAN: Number two, it would have been in her best interest to show up today for monetary reasons. I don't know what the pleasure of the Board is going to be, but I think I kind of laid it out. We either -- since it's not in compliance, we either find -- we either impose the fine or grant a continuance. She's not here. MR. BLANCO: Mr. Chairman, if I may, before the Board proceeds, I would like to put the notice on the record, since the respondent's not here. CHAIRMAN KAUFMAN: Okay, Danny. MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on October 12th, 2018. Property and courthouse were both posted on October 9th, 2018. CHAIRMAN KAUFMAN: Okay. Sue? MS. CURLEY: Yes. So is there a health issue or an age issue with this woman? Have you seen her, met her? MR. ODOM: Yes, I have on site. Her -- basically what she had stated was, I'm just in a tough spot right now. I guess maybe she had lost her job, she stated and, you know, she doesn't have an income. She kind of hit some hard times, and -- MS. CURLEY: Not a mobility issue or anything like that? MR. ODOM: No, ma'am. The last time I saw Ms. Gibson, it was a couple months ago, but she was upright walking and talking, but she did say she did lose her job recently, so... In terms of mobility, if you meant being able to get here, that I don't know. Sorry. CHAIRMAN KAUFMAN: Okay. Is there any feeling from the Board to grant a 30-day continuance without her being here or -- October 26, 2018 Page 109 MR. LEFEBVRE: Well, the other option would be the county withdraw the case. MR. LETOURNEAU: That's not an option at this point. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Then I make a motion to impose. MS. CURLEY: And I second. CHAIRMAN KAUFMAN: We have a motion and second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Mike. MR. ODOM: Yes, sir. MR. BLANCO: Okay. Next item on the agenda, it's Roman numeral 7, new business. We have one of the emergency cases. The packet information is going to be passed by Ms. Buchillon in a minute. Case No. CE -- CHAIRMAN KAUFMAN: I should ask, how are your fingers doing? You're okay. MR. BLANCO: Case No. CEPM20180012643, Renault Cavens and Eddie Hunter Cavins. CHAIRMAN KAUFMAN: This is a book. MR. LEFEBVRE: You're not getting out anytime soon. MR. CATHEY: Good afternoon. October 26, 2018 Page 110 (The speaker was duly sworn and indicated in the affirmative.) MR. CATHEY: For the record, Ryan Cathey, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Are you new? MR. CATHEY: I am new. CHAIRMAN KAUFMAN: How did I guess? MR. CATHEY: Is my face red enough? CHAIRMAN KAUFMAN: No, we're working on it. MR. CATHEY: Okay. MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on October 19th. Property and courthouse were both posted October 18th, 2018. MR. CATHEY: I did speak to the respondent yesterday. He left for Georgia a couple days ago. I told him about the hearing. Unfortunately, he wasn't able to be here for that, so... CHAIRMAN KAUFMAN: Is this a rental unit or something that he has? MR. CATHEY: This is a mobile home in Everglades that was condemned from Hurricane Irma. CHAIRMAN KAUFMAN: Right. And somebody's living there? MR. CATHEY: Yes. We've had -- CHAIRMAN KAUFMAN: Is it the person that went to Georgia, or is it somebody else? MR. CATHEY: No. It's his son. We've had contact from time to time through visits on the property. There's an active demo permit, and the Sheriff's Office has had multiple interactions with him during their night patrols. CHAIRMAN KAUFMAN: And when you met with him, what did the respondent have to say? MR. CATHEY: I've talked to the son before. He basically said he October 26, 2018 Page 111 doesn't have anywhere else to stay at this time. I've talked to the dad. Kind of the same thing; he has nowhere to stay. He just kind of hangs out in Everglades City, and they're in kind of a tough spot, obviously, with the damage to the mobile home. They're trying to get it up and running, you know, get the demo completed and everything. I guess his dad is staying with friends himself. He doesn't have a place permanently at this time. That's kind of the gist of what's been going on. CHAIRMAN KAUFMAN: What scares me most of all on this is it says "no sanitary facilities." MR. CATHEY: That's correct. Most of the mobile home's been -- it's pretty much all been gutted. There appears to be electric. He's got an A/C unit in the window running, but there's no water. He told me he had the ability to turn water on, but it's not, and there doesn't appear to be any sort of -- CHAIRMAN KAUFMAN: A hose from a neighbor or something? MR. CATHEY: Potentially, yes. CHAIRMAN KAUFMAN: Yeah. MR. LETOURNEAU: Go ahead and go through your testimony. MR. CATHEY: Okay. Sorry. This is in reference to Case No. CEPM20180012643 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Sections 22-231(1) and 22-231(2) described as a dwelling being occupied without running hot or cold water and no sanitary facilities located at 108 Merlin Court, Everglades City, Florida, 34139; Folio 01208240001. Service was given on October 10th, 2018. I would now like to present case evidence in the following exhibits: Five photographs from August 14, 2018; two photographs from October 23rd, 2018; and two photographs from October 25th, October 26, 2018 Page 112 2018, all taken by myself, and we have three emails from the Collier County Sheriff's Office. CHAIRMAN KAUFMAN: Okay. Motion from the Board to accept? MR. LEFEBVRE: Motion to accept. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CATHEY: You can see from the photos the kind of dilapidated point of the mobile home: Missing windows, missing doors, damage around the perimeter. This is the inside of the gutted mobile home. This is around the back. This is the small little area that the son has been staying in. It appears to pretty much just be more for storage than anything. Around the back there was clothing. Code Enforcement originally received a complaint about this property back in August of 2018 from a concerned citizen due to the mobile home being damaged from Hurricane Irma and appearing to be abandoned. Through research we found that there was a demolition permit in ready-to-issue status to remove the mobile home. We were monitoring the property to see when the owner was going through the mobile home. October 26, 2018 Page 113 On October 10th we received a complaint from the Collier County Sheriff's Office in regards to the owner's son residing at the property. Through our previous interactions with the property, we were aware that the owner's son was staying there from time to time. Again, the property has electric but no running water and no sanitary facilities, as the mobile home itself has been gutted. Contact has been made with the property owner to advise him that his son couldn't be staying there without running water and sanitary facilities. Again, the Sheriff's Office has made multiple night visits and has had interactions with the son being there on our behalf. CHAIRMAN KAUFMAN: How old is the son? MR. CATHEY: I didn't ask, but I would say probably in his middle, late 20s. CHAIRMAN KAUFMAN: Oh, okay. He's not 12 or something? MR. CATHEY: No. MS. NICOLA: I was going to ask. MS. ELROD: Not 12. MS. NICOLA: No, not 12, no. That would be very bad. MR. CATHEY: He is an adult, so... So basically emails are just correspondence from their instructions to monitor the property and from what they've seen. CHAIRMAN KAUFMAN: Okay. Somebody want to make a motion whether a violation exists? MS. CURLEY: I'll make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. October 26, 2018 Page 114 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. CATHEY: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days and abate all violations by: One, vacating the premises until such time that the dwelling is equipped with sanitary facilities and an approved hot/cold water supply within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to try filling in the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll try. 59.63 to be paid within 30 days; $250 fine after 10 days. What's interesting, or what might become interesting on this, it looks like the Sheriff's Office may have to enforce the compliance on this. MR. LETOURNEAU: Hopefully not, but it's a possibility. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. October 26, 2018 Page 115 CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Hold on one second. MS. CURLEY: One thing on this, so if they vacate the premises, but then can we -- does that also include securing it so another squatter can't get back in there? I mean, even though this is his son, obviously, somebody's not supposed to be there. MR. LETOURNEAU: Well, we're only here right now to get the person out of there. We do have a second case on the actual dwelling unit, so if -- they do have a demolition permit, so we're hoping that once they get this guy out of there, they demo the rest of it. I guess we could put in something about securing it, but I don't think we need to at this time. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: That's not what the case is for. MR. LETOURNEAU: Right. It's just removing the person right now, and I think this thing will take care of itself with the demolition permit. MR. LEFEBVRE: When was the demolition permit ready to be picked up? Any idea? Just curious. MR. LETOURNEAU: Let me look. I'll find out. MR. LEFEBVRE: It doesn't matter. We already heard the case. October 26, 2018 Page 116 MR. CATHEY: It was sometime earlier this year. I think it expires in March, if I'm not mistaken, of next year. MS. CURLEY: So it's brand new. MR. CATHEY: It's in ready-for-issuance status right now. MR. LEFEBVRE: Just curious. MR. CATHEY: I don't know the exact date. MR. LETOURNEAU: It's actually issued right now. CHAIRMAN KAUFMAN: A side question: Is the property owned by the respondent, or is it in a trailer facility that he rents space in the -- MR. CATHEY: It's owned by the respondent. CHAIRMAN KAUFMAN: It is, okay. MS. CURLEY: He owns the real estate. CHAIRMAN KAUFMAN: Okay. Thank you very much. MR. CATHEY: You're welcome. CHAIRMAN KAUFMAN: Your first case, you did really well. MS. CURLEY: It was nice to give you an easy one. MR. LETOURNEAU: If he wasn't badgered in the beginning there -- CHAIRMAN KAUFMAN: I was just asking questions. MR. LETOURNEAU: Just kidding. CHAIRMAN KAUFMAN: Jeff and I are having a beard-growing contest. MR. BLANCO: Okay. Next item on the agenda, it's Roman Numeral 11. Next meeting date, it's Friday, November 16th, 2018, and that's all I have. CHAIRMAN KAUFMAN: That's going to be a short time from now till then because of the holiday. Okay. MS. NICOLA: We did discuss, Danny, too, that if you had some things that were going to be a little more complex, if you'd put them at the front of the agenda -- October 26, 2018 MR. BLANCO: Correct. MS. NICOLA: -- because I have to leave a little bit early that day, unfortunately. CHAIRMAN KAUFMAN: You mean on your final meeting you're going to leave early? MS. NICOLA: We can have the party at 8 a.m. if you want, the surprise party you were planning for me; remember that. CHAIRMAN KAUFMAN: We've got to buy you a cake. MR. LETOURNEAU: We don't want the cake icing to melt. MS. NICOLA: I love cake at 8 a.m. I'm all for it. CHAIRMAN KAUFMAN: We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:38 p.m. CODE E' ORCEi I NT BOARD 'moi ER AT MAN, CHAIRMAN These minutes approved by the Board on Af v /6 � 2 0 i as presented y or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 117