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CEB Minutes 01/24/2019January 24, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD AND NUISANCE ABATEMENT BOARD Naples, Florida, January 24, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Sue Curley Ron Doino Kathleen Elrod Gerald J. Lefebvre Herminio Ortega Ryan White Robert Ashton (absent) ALSO PRESENT: Danny Blanco, Code Enforcement Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Cristina Perez, Investigative Supervisor Jed R. Schneck, Attorney to the Board Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 January 24, 2019 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES 3.1. November 16, 2018 Hearing Minutes IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Interior and exterior alterations and additions commenced prior to obtaining required Collier County Building Permits. FOLIO NO: 76477000081 PROPERTY 5405 Taylor Rd. Unit 4, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CEPM20170017109 OWNER: Milan Jovanovic OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(p), 22-231(12)(i), and 22- 231(12)(c). Roof and soffit damage, broken windows, floor and ceiling damage to the inside of the unit. FOLIO NO: 62414120006 PROPERTY 835 104th Ave N., Naples, FL ADDRESS: 2. CASE NO: CESD20180005831 OWNER: Luis D. Diez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted structures on improved occupied residential property. FOLIO NO: 36456800006 PROPERTY 5300 32nd Ave SW, Naples, FL ADDRESS: 3. CASE NO: CEV20190000083 OWNER: Eduardo Rodriguez and Maria L. Rodriguez OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(2). Commercial vehicles stored/parked at a residential property and visible from the road. FOLIO NO: 22670600009 PROPERTY 3600 Poplar Way, Naples, FL ADDRESS: 4. CASE NO: CESD20140008992 OWNER: Teresa Parry OFFICER: Jon Hoagboon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Improvements made without first obtaining any and all required Collier County Permits. FOLIO NO: 67940960007 PROPERTY 2257 Inglewood Ct., Naples, FL ADDRESS: 5. CASE NO: CESD20180006327 OWNER: Jeffrey C. Pogan OFFICER: Benjamin Plourd VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Dock installed without a permit. FOLIO NO: 52341680001 PROPERTY 11 Capri Blvd, Naples, FL ADDRESS: 6. CASE NO: CESD20180004425 OWNER: Maria C. Ramirez OFFICER: Ryan Cathey VIOLATIONS Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Structures including but not limited to, sheds, pole barn, chicken coop, and trailer built on property without first obtaining all required Collier County Building Permits. Three expired Collier County Building Permits, PRBD20140925624, PRBD20140927647, and PRBD20160726667. FOLIO NO: 759800108 PROPERTY 11700 Labrador Ln, Naples, FL ADDRESS: 7. CASE NO: CEPM20180000456 OWNER: John Albarracin OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Damaged screen enclosure and pool not being maintained. FOLIO NO: 53901560007 PROPERTY 4480 Beechwood Lake Dr, Naples, FL ADDRESS: 8. CASE NO: CESD20170016724 OWNER: Tam Thanh Nguyen and Tammy Nguyen OFFICER: Thomas Pitura VIOLATIONS: Florida Building Code 6th Edition (2017) Building. Chapter 4, Sections 454.2.17.1 through 454.2.17.3 and Chapter 1, Section 105.1. and Collier County Land Development Code, 04-41. as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Chain link and wooden fences erected without building permit and underground swimming pool not secured by an approved enclosure FOLIO NO: 38396160008 PROPERTY 5175 Green Blvd, Naples, FL ADDRESS: 9. CASE NO: CEPM20180008642 OWNER: Chad Barancyk OFFICER: Christopher Harmon VIOLATIONS: 2017 Florida Building Code, 6th Edition 454.2.17 Residential swimming barrier requirement. Residential swimming pool shall comply with Sections 454.2.17.1.1 through 454.2.17.1.15. Swimming pool on residentially zoned property without approved safety barrier. FOLIO NO: 51441280001 PROPERTY 1974 Countess Court, Naples, FL ADDRESS: 10. CASE NO: CEROW20180011838 OWNER: Amanda Boge and Steven Boge OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110 Road and Bridges, Article II, Division 1, Section 110-32. Vegetation encroaching into the Right of Way creating possible drainage issues. FOLIO NO: 38456920104 PROPERTY No Site Address ADDRESS: 11. CASE NO: CEPM20180005211 OWNER: Cleveland A Blocker and Carolyn Blocker OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11) and Section 22-236. Multifamily dwelling unit damaged due to a fire that was caused by faulty electrical system. FOLIO NO: 60182480009 PROPERTY 651 2nd Ave, Immokalee, FL ADDRESS: 12. CASE NO: CEAU20170014383 OWNER: ENCLAVE AT NAPLES OFFICER: Boris Molina VIOLATIONS: Florida Building Code 5th Edition (2014) Building. Chapter 1 Scope and Administration, Part 2 Administration and Enforcement, Section 105 Permits, 105.1 Required. Fence erected without building permits. FOLIO NO: 400246202 PROPERTY 1295 Wildwood Lakes Blvd, Naples, FL ADDRESS: 13. CASE NO: CEPM20180009987 OWNER: Jeff Smith and Ronna R Smith OFFICER: Jon Hoagboon VIOLATIONS: 2017 Florida Building Code, Sixth Edition, Section 454.2.17. Required pool protection missing. FOLIO NO: 67890680000 PROPERTY 2216 Pine Woods Circle, Naples, FL ADDRESS: 14. CASE NO: CESDSD20170016853 OWNER: Guixian Wu OFFICER: Benjamin Plourd VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Building/remodeling without first obtaining a permit. FOLIO NO: 50880006025 PROPERTY 623 Palm Dr, Naples, FL ADDRESS: 15. CASE NO: CENA20180009846 OWNER: Shelly F Pike OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Section 54-185(a) and Collier County Land Development Code, 04-41 as amended, Section 1.04.01(A). Observed debris and litter on the side yards and rear yard of this property. FOLIO NO: 67492480006 PROPERTY 4110 Mindi Ave, Naples, FL ADDRESS: 16. CASE NO: CESD20180011522 OWNER: Favian Rodriguez and Caridad Salceiro OFFICER: Thomas Pitura VIOLATIONS: 2017 Florida Building Code, Chapter 1, Part 2 Section 105 permits, 105.1 and Collier County Land Development Code, 04- 41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit PRBD20150514925 for aluminum framing and roof panel. No permit for open porch addition to the rear with concrete block wall. Voided permit 2011030226 for 6’ vinyl fence with gate. FOLIO NO: 77390002589 PROPERTY 13671 Legacy Lane, Naples, FL ADDRESS: 17. CASE NO: CESD20180009888 OWNER: Al’D F Fayard Jr OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(1)(b) and Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Severely damaged roof allowing water intrusion into the building. FOLIO NO: 63500480002 PROPERTY 901 Airport Road S Unit B, Naples, FL ADDRESS: 18. CASE NO: CEAU20170016074 OWNER: Laiden Iribar and Maria T Arribas OFFICER: Benjamin Plourd VIOLATIONS: Florida Building Code (2014) 5th Edition, Chapter 1, Part 2, Section 105.1. Expired building permit 2008051861 for the 6ft vinyl fence located on the property. FOLIO NO: 77390003562 PROPERTY 13630 Legacy Ln, Naples, FL ADDRESS: 19. CASE NO: CEVR20180002560 OWNER: Maria C Ramirez OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41 as amended, Section 3.05.01(B) and Section 10.02.06(B)(1)(a). 1. Removal of native vegetation canopy trees, ground cover, and mid -story plants, where the total area cleared exceeds the one (1) acre allowed to be cleared by the Building Permit issued for construction of the principal structure. 2. Site work, improvement of property, grading, or other alteration of land using heavy machinery, including placement of fill (dirt and concrete), that removed, damaged, or destroyed vegetation without first obtaining approval from the County. 3. Failure to maintain the minimum vegetation required within a Rural Fringe Mixed Use-Receiving Lands Overlay, which has special clearing limitations and must retain a minimum of 40% of native vegetation present as of July 2002, not to exceed 25% of the total site area. FOLIO NO: 00759800108 PROPERTY 11700 Labrador Lane, Naples, FL ADDRESS: 20. CASE NO: CESD20170015012 OWNER: Marc F Oates and Joumana Oates OFFICER: Thomas Pitura VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 4, Sections 454.2.17.1 through 454.2.17.3 and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Underground residential swimming pool with no protective barrier. FOLIO NO: 72650005027 PROPERTY 2254 Campestre Terrace, Naples, 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: CESD20160013970 OWNER: Cubesmart LP OFFICER: Jon Hoagboon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Installation of garage roll-up doors without first obtaining any/all required Collier County Permits. FOLIO NO: 00273760009 PROPERTY 3485 Domestic Ave, Naples, FL ADDRESS: 2. 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 the interior including but not limited to; kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets, and tile work. Work done includes electrical, plumbing, structural, etc. FOLIO NO: 46770280004 PROPERTY 1714 Kings Lake Blvd, 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. NUISANCE ABATEMENT BOARD A. HEARINGS 1. CASE NO: CENA20180013023 OWNER: Robert A. Flick Rev Trust OFFICER: Jeff Letourneau VIOLATIONS: Collier County Code of Laws and Ordinances, Division 4, Section 2-2027, Subsection 2. Collier County Sheriff’s Office received numerous complaints regarding suspected criminal activities and this property. The Sheriff’s Office has made numerous arrests for criminal activities on this property and/or involving persons living at this property. Arrests include multiple drug related activities and warrant violations. The Sheriff’s Office has asked Code Enforcement to pursue a public nuisance violation regarding the issue. FOLIO NO: 71800000307 PROPERTY 3339 Canal Street, Naples, FL ADDRESS: XII. NEXT MEETING DATE - THURSDAY FEBRUARY 28, 2019 XIII. ADJOURN January 24, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order, or should I say we're going to call the Nuisance Abatement Board to order. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. 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 that a verbatim record of th e proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. And at this time I'd like everybody to check your cell phone and make sure it's turned to mute. Oh, we have another line on the second page. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this information that I just read before. Okay. It's going to be an unusual meeting. It's Danny's swansong. This is his last meeting. He's been promoted to Washington. Maybe you can fix what's going on. If it's not being fixed, we'll blame you. And we have a new attorney this morning. You want to introduce yourself to everybody. MR. SCHNEK: Sure. Jed Schnek, new Board Counsel. CHAIRMAN KAUFMAN: Okay. And let's start with the Pledge of Allegiance. If you would all rise. January 24, 2019 Page 3 (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we -- MR. BLANCO: Mr. Chairman, I would like to begin with the roll call for the Nuisance Abatement Board. 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. Ronald Doino? MR. DOINO: Here. MR. BLANCO: Mr. Robert Ashton is out today. Ms. Sue Curley? MS. CURLEY: Here. MR. BLANCO: Mr. Herminio Ortego? MR. ORTEGA: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Today, Ryan, you'll be a full voting member since we have an absence on the board. MR. BLANCO: First item on the agenda, so it's Roman Numeral XI, Nuisance Abatement Board, Letter A, hearings, No. 1, Case No. CENA20180013023, Robert A. Flick Rev Trust. CHAIRMAN KAUFMAN: Okay. Let us find it on the -- it's the last thing in the pack we have. MR. LEFEBVRE: Just to let the Board know, I'm going to recuse myself because I have some business dealings with Mr. Flick. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Has everybody on the Board found January 24, 2019 Page 4 the case? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: We have one no, one yes. MR. ORTEGA: No. CHAIRMAN KAUFMAN: Two nos. Danny, go to the top of that so I can see where it is. MR. BLANCO: The respondent signed a stipulation agreement, sir. That's what I'm displaying on the screen. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: The case file can be found under Roman Numeral XI, Nuisance Abatement Board, Letter A. CHAIRMAN KAUFMAN: Herminio, did you find it? MR. ORTEGA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Good morning. Jeff? MR. LETOURNEAU: Good morning. For the record, Jeff Letourneau, Collier County Code Enforcement. Mr. Flick and the county have entered into a stipulated agreement, as stated by Danny; however, there are certain people in the neighborhood that showed up for the hearing that would like to speak. Would you like to hear from them before we go into the stipulation, or how would you like to do this? CHAIRMAN KAUFMAN: Did you want to do a quick summary before the residents speak? MR. LETOURNEAU: A quick summary is that the Collier County Sheriff's Office contacted Code Enforcement regarding some unlawful activity regarding this property, drug activity among it. They asked us to bring this case before the Nuisance Abatement Board due to this activity and the health and safety threats to the neighborhood, so we served Mr. Flick a notice. He has abated the violation as of January 22nd of this year. We're here at this point just to get a finding of fact and get it on January 24, 2019 Page 5 record that there was a violation so if it occurs in the future we can take further steps down the road. CHAIRMAN KAUFMAN: Okay. Very good. Okay. Why don't we hear the friends and neighbors. MR. BLANCO: Mr. Chairman? CHAIRMAN KAUFMAN: Yes, Danny. MR. BLANCO: Mr. Chairman, I do have a list of the people that would like to speak on this issue. I would like to call them one by one. CHAIRMAN KAUFMAN: That's fine. They'll come over to the microphone over here; give us your name, address, and then you have your five minutes. MR. BLANCO: Yeah. They will come to the podium here on your left here. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: I have a lady by the name of Laetitia Dawson. Ms. Dawson, if you'd please approach the bench. MS. DAWSON: Good morning. Laetitia Dawson. I live at 3025 Cocoa Avenue. And I would like to say thank you to all of the county staff that have been involved in this process. As discussed, there were health and safety concerns in the neighborhood. And we have been appraised of the stipulation agreement that was entered into today, and we appreciate that we have to follow due process and take the actions necessary, and we do appreciate the county staff that have supported this. Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Okay. Next speaker, it's Ms. Kristine LaClair. If you would please approach the bench. MS. LaCLAIR: Good morning. CHAIRMAN KAUFMAN: Good morning. January 24, 2019 Page 6 MS. LaCLAIR: Kristine LaClair. Can you hear me? CHAIRMAN KAUFMAN: You can pull that down. MS. LaCLAIR: Kristine LaClair, 3044 Areca Avenue. And I just want to, you know, say that I'm thankful, too, to this process. I want to thank all the Collier County people that have been involved in this. They've done a phenomenal job. So I'd just like to thank everybody. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Next speaker is Ms. Karen Beatty. Would you approach the bench. MS. BEATTY: Hello. My name is Karen Beatty, and I live at 3113 Basin Street, one block over from the home that we're questioning -- I mean talking about. I want to say thank you to Code Enforcement, the Sheriff Department, and Commissioner Taylor. This is her district, and she's done a lot to help the situation. I had planned to speak today about my witnessing of this situation. I have lived in that area for 30 years. I did witness quite a bit of what was going on. I know the man who lives next door to the property, Al. He has become a friend. I do know the property owner peripherally. And I have witnessed the crime myself. I have seen some of the occupants of the home walking the neighborhood exchanging drugs with people while I've been out walking my dog. So I'm appreciative that this stipulation is happening because things have escalated to the point where myself and other people have felt unsafe even walking our dogs. I always, personally, make sure I'm wearing my glasses, bring my cell p hone, and I carry a pepper spray gun because I'm afraid that I will run into some situation that is out of control. Anyway, I'm very grateful that this is being handled, and thank you for your time. January 24, 2019 Page 7 CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Okay. Next speaker, it's Ms. Lisa Eastman. Will you please approach the bench. MS. EASTMAN: Hello. Thank you for having us here today to talk about the issues in the neighborhood. I live at 3355 Canal Street. I am directly next to the property and very close proxi mity to the property. I've been directly affected by the crime there. Somebody high on crystal meth tried to break into our apartment while we were home, and that was a very scary night. Also, utilities are constantly turned off at the property next door because they cannot pay, and they come over to our property and steal utilities. This happened with water, and this happened with power. So thank you to the Sheriff's Office for all their patience, because they have visited our property a lot, especially in the past two weeks. And I'm really glad that this is moving forward and all my calls were not in vain. So thank you again for having us here today. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: The last speaker, it's Ms. -- Allen Schantzon -- mister. I'm sorry. Will you please approach the bench. MR. SCHANTZON: Good morning. Al Schantzon. I live at 3321 Canal Street. For 30 years I've been next to Mr. Flick's property, and he's always been responsive in the past to any requests that we've made of him, but as of late, in February of 2018, he moved this last batch in, and we requested that he take some action back in March, and I started activity with the authorities back in March to help resolve this issue, and now it's done. And I've got to say I support the agreement and the January 24, 2019 Page 8 recommendations and action the county's taken on this, with a little bit of optimism and a little bit of caution on being able to follow through on the stipulations that he's going to undertake to make sure that this doesn't happen or reoccur. And I understand that if it does reoccur, there will be additional actions taken. This is the first step. And for the patience and understanding and guidance on the issue, I want to thank -- my heartfelt gratitude to the Bayshore CRA, the Sheriff's Department, and the various department and government agencies, including Code Enforcement management and staff, including the DAS, because they also had a pit bull running loose, and County Commissioners Fiala and Commissioner Taylor for thei r utmost support on this activity. The only questions that we do have that we're optimistic about, but caution, is the tenants that he does move in and how long it takes to get resolved if we do have another problem. I thank you, and thanks for listening. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Mr. Chairman, we do have an additional speaker that arrived late that would like to -- with your permission. CHAIRMAN KAUFMAN: No problem. MR. BLANCO: Mr. Deane Smart, will you please approach the bench. MR. SMART: Good morning. Thank you. Deane Smart, 3169 Areca Avenue. I have owned the property on the corner of Canal and Areca for 10 years. I consider myself a vested member of this community. I've been directly impacted by the activities of the Canal Street property for over a year very obviously, because it's a dead -end street. There's no need that -- we know who comes and goes from this area. We've witnessed absolute increased foot traffic, vehicle traffic, which has been a concern because there's young children that January 24, 2019 Page 9 do play on this street, and speeding traffic, probably impaired driving because of whatever's being consumed at this property, including -- just to add some sentimental aspect, Christmas Day, which we like to just have as a nice, mellow day, there must have been a shipment that day, because there was a lot of people coming and going, very unsavory -looking and acting characters. I've personally had people in and around my property, because you cannot get to the said address without going past my property. I've found people hiding in my bushes. I've found debris around my property that would correspond with possible activity. And, as of recent, I had a bicycle stolen from the front porch of my property. I've never had a single issue of any sort in 10 years. And I'd like to -- I don't want to say that it is directly because of this, but it seems to have corresponded with all of the activity that's been at this property. And thank you for hearing us as members of the community and -- that are part of the daily operations of what's been going on. Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Mr. Chairman, that will conclude the speakers that we had for that case. CHAIRMAN KAUFMAN: Okay. As we normally do on a case where we have a stipulation, the County will now read the stipulation into the record. MR. LETOURNEAU: Okay. Once again, for the record, Jeff Letourneau, Collier County Code Enforcement. Bear with me; this is a lot longer than our normal stipulation. This stipulation and agreement is subject to the approval of the Collier County Nuisance Abatement Board. If it is not approved, the case may be heard on the scheduled hearing date; therefore, it is strongly recommended that the respondent or representative attend January 24, 2019 Page 10 the hearing, which he is here. In consideration of the disposition and resolution of the matters outlined in the said notice of violation for which a he aring is currently scheduled for today to promote efficiency and effectiveness in the administration of the code enforcement process and to obtain an equitable and expedious (sic) resolution of the matter outlined therein, the parties agree to: The property is owned by the amended and restated Robert Flick Revocable Trust dated March 15th, 2016; respondent is the trustee of the aforesaid trust with the power and authority to protect, convey, conserve, sell, lease, encumber or otherwise manage and dispose of the property; the violations as stated in the referenced notice of violation are accurate and existed on the property prior to January 22nd, 2019; and the respondent acknowledges and agrees that he has been properly notified pursuant to Section 162 Florida Statute. The activities that occurred on the property which gave rise to this action posed a threat to the life, safety, and general welfare of the people residing near the subject property. Therefore, it is agreed between the parties that the violatio ns of Section 2-20272 of the Collier County Code of Laws and Ordinances existed on the property and constituted a public nuisance as defined by Section 2-2004, Collier County Code of Laws and Ordinances. As of January 22nd, 2019, the use of the property is no longer creating a public nuisance and has been abated in order to remain in compliance. The parties further agreed to the following: The respondent must pay operational costs in the amount of 59.63 incurred in the prosecution of this case within 30 days of the date of this hearing; the respondent must change the locks of the dwelling on the property within three days of this hearing; the respondent must ensure that the January 24, 2019 Page 11 dwelling on the property remains unoccupied until February 14th, 2019; that over the next 12 months, respondent must maintain verified background checks and written lease agreements for all new tenants or occupants of the dwelling on the property; respondent must furnish these records for the inspection at the request of the Collier County director of Code Enforcement within seven days of such request; and that if any previous tenants or occupants return to the property within the next 12 months, respondent must provide written trespass notices to the Collier County Sheriff's Office to f acilitate immediate removal of the previous tenants or occupants and assist in the prosecution of the previous tenants or occupants for trespassing as requested by the State Attorney's Office; that if any person is arrested on or having immediate (sic) left the property for a long possession -- possession of drug paraphernalia. Okay. Let me start that one again. That if any person is arrested on or after immediately left the property for drug possession, possession of drug paraphernalia or any other drug-related offense, the respondent agrees to file eviction proceedings within five days of received notification of the arrest and have the eviction completed within 45 days or as soon as permitted by law. Respondent further agrees to issue written trespass warnings to the evicted persons and any other persons having similar arrests on or having immediate -- having -- immediately leaving property. CHAIRMAN KAUFMAN: Okay. These are new residents, the latter part of the agreement? MR. LETOURNEAU: Correct. If any new residents get arrested or do any kind of, you know, shenanigans or unlawful stuff, he has the responsibility to work with the Sheriff's Office on getting them removed from the property as soon as possible, as soon as legally possible. January 24, 2019 Page 12 CHAIRMAN KAUFMAN: The people that were there and that were causing this problem are now gone? MR. LETOURNEAU: They are. We inspected the property yesterday, I believe, and there's nobody living at the property at this time. CHAIRMAN KAUFMAN: Okay. Does the county have anything further to -- MR. LETOURNEAU: Not at this time. CHAIRMAN KAUFMAN: Okay. Which brings us -- sir, if you'll identify yourself, please. MR. FLICK: I'm Robert A. Flick, owner of the property. CHAIRMAN KAUFMAN: Okay. And you have heard the stipulation, and you have agreed to that? MR. FLICK: Yeah, I met with the attorney, and I agree with the proposal. CHAIRMAN KAUFMAN: Okay. Any questions from the Board for the respondent? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody care to make a motion whether we accept this agreement or not? MR. ORTEGA: Make a motion to accept the stipulated agreement. MR. WHITE: Second. CHAIRMAN KAUFMAN: You have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. January 24, 2019 Page 13 MR. LEFEBVRE: (Abstains.) MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Mr. Chairman, that would conclude all business for the Nuisance Abatement Board. At this point the Board would have to make a motion to adjourn the Nuisance Abatement Board. CHAIRMAN KAUFMAN: Can I get a motion? MS. ELROD: Motion to adjourn. CHAIRMAN KAUFMAN: Adjourn the Nuisance Board. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion. We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: One abstention. I abstain. CHAIRMAN KAUFMAN: Okay. Which moves us on to opening up the Code Enforcement Board. MR. BLANCO: Correct, sir. January 24, 2019 Page 14 CHAIRMAN KAUFMAN: We all look the same as the people from the Nuisance Board, but it's different. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Okay. I'll read the statement again for the purpose of -- this is for the code board. Respondent 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 time unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedi ngs 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. Okay. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: We now begin. We did attendance. Do you want to do attendance for this board also? MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Still here. MR. BLANCO: Mr. Lefebvre? MR. LEFEBVRE: Present. MR. BLANCO: Mr. Ronald Doino? MR. DIONO: Here. MR. BLANCO: Ms. Sue Curley? January 24, 2019 Page 15 MS. CURLEY: Here. MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Herminio Ortega? MR. ORTEGO: Here. MR. BLANCO: Mr. Ryan White? MR. WHITE: Here. MR. BLANCO: Mr. Robert Ashton is absent. CHAIRMAN KAUFMAN: Okay. And Ryan will be a voting member of the Board because of the opening. MR. BLANCO: Okay. Next item on the agenda will be Roman Numeral 3, approval of the minutes. CHAIRMAN KAUFMAN: Okay. Any -- anybody have any problems with the minutes that were provided? If not, can I got a motion to approve the minutes? MR. LEFEBVRE: Motion to approve. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Next item on the agenda, it's Roman Numeral 4, approval of the agenda. I'll go on the record with the changes. January 24, 2019 Page 16 Roman Numeral 5, public hearings, motions, Letter A, motion for extension of time, we have two additions: Case No. CESD20170010029, Ramiro Teran and Gerenarda Teran. Case No. CESD20180002267, Joseph Costa, Jr., and Charles Beauregard. Letter B, stipulations, we have four additions. First one, it's No. 4 from hearings, Case No. CESD20140008992, Teresa Perry. Next one, it's No. 2 from hearings, Case No. CESD20180005831, Luis D. Diez. Next one, it's No. 6 from hearings, Case No. CESD20180004425. Last one is No. 19 from hearings, Case No. CEVR20180002560, Maria C Ramirez. Letter C, emergency cases, we have one addition, Case No. CEOCC20180012074, Yavuz Karagoz. Letter D, hearings, No. 5, Case No. CESD20180006327, Jeffrey C. Pogan, has been withdrawn. Number 7, Case No. CEPM20180000456, John Albarracin, has been withdrawn. Number 8, Case No. CESD20170016724, Tam Nguyen and Tammy Nguyen, has been withdrawn. Number 10, Case No. CEROW20180011838, Amanda Boge and Steven Boge, has been withdrawn. Number 11, Case No. CEPM20180005211, Cleveland A. Blocker and Carolyn Blocker, has been withdrawn. Number 13, Case No. CEPM20180009987, Jeff Smit h and Ronna R. Smith, has been withdrawn. Number 15, Case No. CENA20180009846, Shelly F. Pike, has been withdrawn. Number 17, Case No. CESD20180009888, Al'D F. Fayard, Jr., has been withdrawn. January 24, 2019 Page 17 Number 18, Case No. CEAU20170016074, Laiden Iribar and Maria T. Arribas, has been withdrawn. Number 20, Case No. CESD20170015012, Marc F. Oates and Joumana Oates, has been withdrawn. Mr. Chairman, I have two additional stipulated agreements. Roman Numeral 5, public hearings, motions, Letter B, No. 14 from hearings, Case No. CESDSD20170016853, Guixian Wu, has been added. Number 9 from hearings, Case No. CEPM20180008642, Chad Barancyk has been added, and that's all the changes. CHAIRMAN KAUFMAN: Well, it's a few changes. Could we get a motion from the Board to accept the modified agenda? MR. DOINO: Motion to approve modified. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We'll start out with the stipulations? MR. BLANCO: No, Mr. Chairman. The first item on the agenda -- CHAIRMAN KAUFMAN: The emergency order, okay. MR. BLANCO: Roman Numeral 5, public hearings, Letter A, January 24, 2019 Page 18 motion for extension of time, No. 1, Case No. CESD20170001888, Alberto Hernandez, P.A. Just for the record, Mr. Chairman, I would just like to clarify that a findings of fact, conclusion of order (sic) was issued on August 23rd, 2018. The respondents were found in violation and ordered to abate the violation on or before November 21st, 2018. And then a motion for continuance was granted until January 15 of 2019, and the respondent present here today would like to request an extension. CHAIRMAN KAUFMAN: Which case number is this? MR. BLANCO: This is Item No. 5A1, Case No. CESD20170001888, Alberto Hernandez, P.A. CHAIRMAN KAUFMAN: Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. DAVIDSON: Good morning. For the record, Colleen Davidson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: And if you can state your name on the record. MR. HERNANDEZ: Good morning. My name is Alberto Hernandez. CHAIRMAN KAUFMAN: Okay. This case you said was originally agreed to be extended until January 15th? MS. DAVIDSON: Correct. And I believe he was requesting another extension of time, and I think he would like to update you on the status of his case. CHAIRMAN KAUFMAN: Okay. MR. HERNANDEZ: So the reason I'm asking for an extension of time is we've been working with Collier County submitting a permit by affidavit, and they've been rejecting us every time; kind of meal-piecing the entire process. I have four corrections that they January 24, 2019 Page 19 have already issued. We are currently under review again. I have added another person to the engineering team to try to expedite the situation; someone that I believe is more knowledgeable. And I'm hoping that -- we may get another rejection, but I think that might be the last one. They're taking, Collier County, about 30 days to review every time we issue a correction letter with corrections, and they take down to the 30 days. They're not a day early. So it's kind of frustrating for me, because I'm trying to do it as quick as possible. But every time we get a rejection, I have to go back to the drawing board, give them what they need, and then they take 30 days. They reject, and then we do it all over again. We've been going through this already for a few months. CHAIRMAN KAUFMAN: Is this the same item that keeps on getting rejected, or is it a different item each time? MR. HERNANDEZ: They're kind of adding stuff to it every time. I brought in a highly recommended person to the team to kind of submit everything. We walked the unit with a previous engineer and the new person, and I feel pretty confident that this time around we should get it right. The person, his name is Bob Faults (phonetic). He's very well known in the community, and he deals a lot with the county on these type of issues. He tells me that we might get another rejection because there might be some items there that they might pick out that -- you know, he could never see 100 percent of what they're going to ask for. But he said after that we should be okay. We submitted the last correction about two weeks ago, so I'm counting another two weeks we should have either an approval or a correction, which we'll address at that time. CHAIRMAN KAUFMAN: Okay. For curiosity's sake, why is January 24, 2019 Page 20 this being brought as an emergency? MS. DAVIDSON: This is an extension of time. CHAIRMAN KAUFMAN: Extension of time? Okay. And how much time were you looking for? MR. HERNANDEZ: Your guess is as good as mine. I mean, I guess 60 days, and then we'll just go from there. I would like to get it -- put this thing to bed in two months but, you know, I'm at the mercy of the county. CHAIRMAN KAUFMAN: And the county? MS. DAVIDSON: The county has no objection. Mr. Hernandez has stayed in contact with me. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion that we grant a 90-day extension. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We've a motion and a second for 90 days. Any discussion on the motion? MR. ORTEGA: I do have a question. I see here that it's a U-Haul business, or was it a building that was converted into a U-Haul business? MR. HERNANDEZ: No. It's -- MR. BLANCO: I just want to clarify for the Board, we're looking at Item No. 5A1. This is Alberto Hernandez, P.A. It's a motion for extension of time. We're not looking at the emergency case right now. CHAIRMAN KAUFMAN: Okay. And as I remember from -- this had to do with parking of vehicles initially? No, okay. MR. LEFEBVRE: It's right here. MS. CURLEY: Could someone just refresh our memory. Did you purchase this property with this violation? MR. HERNANDEZ: Yes. I purchased the unit back in 2012. January 24, 2019 Page 21 It's a condominium commercial use unit. It has two stories. We have nine offices; overall over 3,100 square feet, and there's a warehouse. So I purchased the unit back in 2012, and it came to my attention while I was replacing the rear back doors, the slabs -- we were replacing them, Code Enforcement shows up and tells me that I cannot replace the doors, and I told them, I'm not touching the frames, which is usually what gets inspected. I'm just replacing the slabs. So they went back, and then I got a call later on saying that the door was not permitted. So they came back again, take pictures of the entire unit, and they proceeded to tell me that the entire unit was not permitted as a buildout. So to my surprise, this whole process started, and then I've been at it since then. CHAIRMAN KAUFMAN: Okay. We have a motion on the floor. Any other discussion on the motion? MR. ORTEGA: I still have a question. CHAIRMAN KAUFMAN: Okay. What's the question? MR. ORTEGA: If right now we're at permitting stage, what type of work needs to be done to the building to bring it into compliance? MR. HERNANDEZ: None, really. We're trying to do a permit by affidavit. So all of the buildout was done by the previous owner. All we're doing is just permitting what is existing. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Which is legit because he did not actually do the work. If he had done the work, then you can't go by affidavit. Okay. Any other questions? (No response.) January 24, 2019 Page 22 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Ninety days. So hopefully we won't see you. MS. DAVIDSON: Thank you. MR. HERNANDEZ: Fingers crossed. Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral 5, public hearings, motion for extension of time, Case No. CESD20170010029, Ramiro Teran. CHAIRMAN KAUFMAN: Which case -- could you give us the case number first? Because all the other numbers don't mean anything to us looking at the computer. MR. BLANCO: Mr. Chairman, this particular case is not -- won't be on the hearing packet and the computer. It would be the paper copy that -- CHAIRMAN KAUFMAN: Okay. MR. BLANCO: -- all the board members should have in front of them. The motion for extension of time was submitted after the agenda was published. CHAIRMAN KAUFMAN: Okay. And this was what number on this? MR. BLANCO: It would be the first one on the packet right there. January 24, 2019 Page 23 CHAIRMAN KAUFMAN: Well, the first one on my packet says Hernandez. MR. BLANCO: Oh, you should have a separate paper copy of the entire case file. MS. CURLEY: This is the emergency case, Danny? MR. BLANCO: No, ma'am. This is the motion for extension of time. MR. LEFEBVRE: It's on the first package. We had two packages. MS. CURLEY: Got it. MR. LEFEBVRE: It's the first one; about three pages down. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: I've got it in front of me. Give us a minute to look through it. Okay. Can you state your name on the microphone. MS. GERENARDA TERAN: My name is Gerenarda Teran. MR. TERAN: My name is Ramiro Teran. CHAIRMAN KAUFMAN: Okay. Good morning. MS. PULSE: Good morning. Dee Pulse, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you want to -- well, since you're asking for an extension of time... MS. GERENARDA TERAN: Because our second building that -- when we came here, we were working with two units. The first one has already been finished with everything, and the second one with the water well pump where it is, that shed, was being rejected by affidavit. So we're trying our best to do everything for the corrections. Engineer has been aware of what is happening because -- I don't know, for a certain reason the letter gets rejected by affidavit, the January 24, 2019 Page 24 county. So every time it's more and more that they are asking for. So we're just working with the engineering to resubmit the application over again. CHAIRMAN KAUFMAN: This goes back -- well, the last date that I see on here is March of 2018. That was on the 30th of March 2018, almost a year. So in the past year, what's been done? MS. GERENARDA TERAN: We have done the -- we had two units there that needed corrections, so we did the first one already, and it's done. The only one -- CHAIRMAN KAUFMAN: It's CO'ed? MS. GERENARDA TERAN: Yes. MS. PULSE: No, not quite. CHAIRMAN KAUFMAN: No? Okay. And the second unit? MS. PULSE: Actually, they had a roof permit that they had to get finished, and they did get that CO'ed, and then the building -- first building is almost CO'ed. CHAIRMAN KAUFMAN: Almost. MS. PULSE: But they have a second building now that's in reject status. CHAIRMAN KAUFMAN: Okay. Do you know why it's been rejected? MS. PULSE: There's several reasons listed here. Zoning Review has rejected asking for aerial photography about the driveway, impervious calculations, stormwater flow, which they had to go through that for their first permit, so they should have that. Residential Review is stating that -- they're asking what the water tanks in the shed are used for and why are they tied to the septic system. Also they've stated that this cannot be a permit by affidavit. I don't know why. They don't really explain that. CHAIRMAN KAUFMAN: Let me stop you one second. Did you do the work on this unit? January 24, 2019 Page 25 MS. GERENARDA TERAN: No. Let me refresh. This thing that -- we purchased the house together with those -- with the shed, which I call the guesthouse, and the water well pump. Those were there when we purchased the property. CHAIRMAN KAUFMAN: Okay. MS. GERENARDA TERAN: And we have been working hard to keep up with all the -- what the county has been asking us. CHAIRMAN KAUFMAN: Okay. The reason I ask that question is if the work was done by the respondent, then you can't get an -- MS. PULSE: Right. CHAIRMAN KAUFMAN: -- affidavit, and you said that they're having a problem with the affidavit? MS. PULSE: They mention in the corrections letter that it cannot be a permit by affidavit. So I believe they're checking into that. MS. GERENARDA TERAN: Yes, we are. And they said to make some corrections, and that's what we're working with the engineerings and the people who are involved helping us. CHAIRMAN KAUFMAN: Okay. Well, we're not going to hear the case now, but if they said that you can't have it done by affidavit, when did they tell you that? MS. GERENARDA TERAN: I'm sorry. My daughter is the one who's well informed about it because -- CHAIRMAN KAUFMAN: Is she here? MS. GERENARDA TERAN: Yes. CHAIRMAN KAUFMAN: Okay. Why don't you come up, and we'll swear you in, and you'll give us your name and -- (The speaker was duly sworn and indicated in the affirmative.) MS. AMY TERAN: Good morning. My name is Amy Teran, and we're motioning for -- January 24, 2019 Page 26 CHAIRMAN KAUFMAN: You can bring the mike down a little bit. MS. AMY TERAN: We're hoping to have a 90-day inspection (sic). So our architect is aware of everything that is going on in the case, so we do have several corrections, just as Dee Pulse said. So the stormwater and the impervious, those are all corrected. I am aware, and I also do work for an engineer's office, so I am helping with this along with that. In terms of the permit by affidavit, I am aware that around November of last year or September I had spoken to Renald Paul, and he did make me aware that permit by affidavits are no longer going to be accepted for owner/builders despite if we didn't work on it. So I do see an end for that, that we can do letters, and we did have an engineer and architect who have come to the property and seen, so we will take the required measurements that are needed for the inspections, whether we have to open it and get the inspection letters from the architect or the engineer who did inspect the watershed. And in terms -- as to our first residential problem that we are having with this now is -- which is now a storage, that will be finished today. We did get the survey from our surveyor, which is for the spot survey, and as soon as that is submitted today, we will have the CO. And for the second one, everything's being taken care of. I'm on top of that, and we are aware. CHAIRMAN KAUFMAN: Okay. And Renald Paul is aware of this? MS. AMY TERAN: Yes. CHAIRMAN KAUFMAN: And he said this can go forward? MS. AMY TERAN: Correct. I did speak to him this morning. I was there telling him I do have the survey for the first one and that January 24, 2019 Page 27 we are going to get it CO'ed. And I do check in with him every now and then about this and in terms of other things. CHAIRMAN KAUFMAN: Okay. Let me ask -- you seem to have your hand on this. How long do you think this is going to take before it's completed? MS. AMY TERAN: Well, hopefully as fast as possible. I can't give an exact thing as the county, I am aware, has been backed up, and I realize this with several of my other permits. So when we do submit a rejection, it does take a lengthy time to just g et it reviewed, and if this gets finished in the time we hope, I hope this correction will be done within this month or next month of February, which would lead us on to inspections. And in terms of inspections, I believe there are about eight to nine inspections which, if it's not backed up, which we did have that problem, which took two weeks to schedule inspections, we can hopefully have it done by the ending of April or beginning of May. CHAIRMAN KAUFMAN: So when you ask for an extension, not you, Mom and Dad, the amount of time is what the Board can grant or not grant. So that's why I ask you how much time you actually need. This is -- we're beginning February next week, so that would be February, March, April is three months. Do you think it will be done in three months? MS. AMY TERAN: Hopefully it should be done within that. That is what we're looking to get it into our time frame. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: I make a motion, a 120-day extension. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And a second for 120 days. That's January 24, 2019 Page 28 four months. MS. AMY TERAN: Okay. Perfect. CHAIRMAN KAUFMAN: So hopefully we can get this resolved by then. So any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. AMY TERAN: Thank you. CHAIRMAN KAUFMAN: Four months. That's four months from today, okay? MS. AMY TERAN: Perfect. Thank you. CHAIRMAN KAUFMAN: Thank you. Thanks, Dee. MS. GERENARDA TERAN: Thank you. MR. BLANCO: Last motion for extension of time, it's Case No. CESD20180002267, Joseph Costa Jr., and Charles Beauregard. And, Mr. Chairman, you and the Board members should have -- CHAIRMAN KAUFMAN: Separate. MR. BLANCO: -- yes, a paper copy of the case file. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Give us a minute. Okay. Could you mention your name on the mike for us. January 24, 2019 Page 29 MR. BEAUREGARD: Charles Beauregard. CHAIRMAN KAUFMAN: Okay. You're the owner of the property? MR. BEAUREGARD: I am. CHAIRMAN KAUFMAN: And I see from your letter that you're asking for an extension of time. Can you give us a little background and how much time you're asking for. MR. BEAUREGARD: We didn't get into too many details last time I was here, but it's just been a process of trying to get the drawings, the permitting. The blueprints have been submitted. They were rejected about three weeks ago. I have submitted, I believe, two days ago all the corrections for the denial, so now I'm just waiting to hear what they say about a continuance. But from the time this whole thing started, I mean, it took me nearly seven months to get a set of drawings and blueprints just to get the job going. And I did mention briefly last time that I'm adding a small bathroom to the back of the house. Because of the amount of damage from the storm, I decided to upgrade the house a little bit, so I'm adding a small bathroom, and I want to move a wall out, and I'm the owner/builder, and I've been building for 25 years so -- but that kind of changed the parameters of everything that was going on. But I've had to invest over $12,000 for these blueprints just to get the drawings submitted, and the material cost for what I'm looking to add to the house is about $4,000. So I'm just trying to be patient and wait for the permit so I can move forward. I do have people lined up for the footers. I've got materials that have been purchased for months, and I'm just waiting to hear, you know. CHAIRMAN KAUFMAN: And how much -- I know you don't know the answer to this, but as a wild guess, how long do you think January 24, 2019 Page 30 it's going to take? MR. BEAUREGARD: Well, I'm a golf professional, so we're right in the middle of golf season right now, and I was hoping to have the house finished by September, October, which, obviously, didn't happen. So the season really doesn't end until March, and I have very limited time now because of golf to work on the house. So I'm looking if -- with everything that I have lined up and what I'm looking to do, if I could get four months, I think that I could probably accomplish it in that time. CHAIRMAN KAUFMAN: And the county? MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. The county has no objections. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGO: You're adding footers. Is this for the bathroom? MR. BEAUREGARD: Yes, sir, and also I'm moving a wall out, like, 56 inches, that's included in the drawings, for the master bedroom, just so it's a little bit bigger room. MR. ORTEGO: But that's a revision to the original scope, correct? MR. BEAUREGARD: To the original house, it is, but it's included in the drawings. It's nothing that's been added. It was included from the beginning. MR. ORTEGA: Okay. No further questions. MR. LEFEBVRE: The violation's for CO required for after-the-fact permits, and -- just wondering why the items that have been completed can't get CO'ed prior to doing this addition. It seems like there's two separate -- potentially two separate items here. January 24, 2019 Page 31 MR. BEAUREGARD: Well, I will say this, you know, I had quite a few broken windows, I had two broken doors, I had damage to the siding of the house. I'm right down there where the eye of the storm came through, and I had extensive roof damage. In fact, I've put over $800 worth of tarps on this roof since the whole thing started, and I got stopped because I didn't want to do anything else except just keep the roof covered so the inside of the house didn't get ruined. But I was told that the best thing for me to do would be to just submit one renovation for permitting that covered everything rather than do doors and windows separate. He said, you're better off just submitting the whole set of plans. And I even hired a company called Reliable Permitting, because I wanted to be sure that I had all the bases covered and I didn't get rejected. And it turned out that there was some information that was lacking. So that's the information that I just gave to them last week, and they said two days ago that they resubmitted it. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? MR. ORTEGA: One more. The gentleman is correct, it is better to do it all under one blanket permit. Under the circumstances -- I think this is what Mr. Lefebvre was trying to establish, was there two permits as opposed to one and why wouldn't one be taken care of and then tackle the next. So, basically, what's being stated here is that the code enforcement issues are now combined with the remodeling issues. So taking that into account in terms of time, I think, is what we're trying to get at to make sure that you have enough time. CHAIRMAN KAUFMAN: And what exacerbates the situation is for the next few months you're going to be earning money rather than working on the property. January 24, 2019 Page 32 MR. BEAUREGARD: Correct. Yeah. I have a couple days, maybe three days a week, and the good thing is is I do have some help lined up for the days that I have that I can work on the house, and as long as I have permits, I can move forward. CHAIRMAN KAUFMAN: So you think that four months would probably be enough time to resolve all of your open issues? MR. BEAUREGARD: I believe so. CHAIRMAN KAUFMAN: Anybody care to make a motion? MR. LEFEBVRE: Just to make the Board aware, this was a stipulated agreement that he actually signed on February 21st, but then we had a hearing to approve the stipulated agreemen t that appears to be August 23rd. So this has been going on for a while. With an extension the fines do not keep on accruing, if I'm not mistaken, but with a continuance they do. So I'm thinking that this might be more so a continuance than an extension of time. CHAIRMAN KAUFMAN: Well, do you want to make that motion? MR. LEFEBVRE: I make a motion that we continue this -- we issue a continuance for 150 days. MS. CURLEY: I have a question. So you want to start accruing fines now? MR. LEFEBVRE: That's correct. Then he can come back and ask for fines to be -- CHAIRMAN KAUFMAN: Abated at that time. MR. LEFEBVRE: -- abated, right. CHAIRMAN KAUFMAN: Okay. A hundred and fifty days. Do we have a second? MS. CURLEY: No. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any discussion on this motion? January 24, 2019 Page 33 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Okay. It carries. You have 150 days from today. MR. BEAUREGARD: But I start accruing fines? Because in the last court appearance I said I was very reluctant to sign that paper because of the fact that I had absolutely no idea when I was going to get my permits and be able to move forward, and you folks said, you know, if, indeed, it comes out to where they're not approved and you don't have them and you need to come back and ask for an extension, then that should no problem. But I'm going to continue to get fined now until the -- CHAIRMAN KAUFMAN: Well, your fines, if I understand this correctly, were stopped. So we're starting today. That's according to what Gerald just said. MR. BLANCO: The findings-of-fact order, when he was found in violation August 23rd, he's been accruing a daily fine of $100 per day since December 22nd of 2018. Are we waiving the fines that have been accrued to this point and -- or -- is that going to be part of the continuance order? MR. LEFEBVRE: The fines are being continued from the date that they started. MR. BLANCO: Okay. So that will be from December 22nd, January 24, 2019 Page 34 2018? MR. LEFEBVRE: Correct. Because, I mean, if we keep on giving extensions, it doesn't seem like there is any motivation to really move this along. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Now, what was said -- MR. BEAUREGARD: Now, in my defense, there's no way that I can finish the house if I don't have permits. I'm just going to get fined for doing anything that I shouldn't be doing. MS. CURLEY: Yeah. I don't see any lack of motivation by this gentleman's behavior or his story at all. MR. LEFEBVRE: I think that they're -- there could have been a way to pull this -- he's saying that the addition -- CHAIRMAN KAUFMAN: Hold on. Go ahead. MR. LEFEBVRE: The addition is holding everything up, but he -- if he realized that, he could have went and permitted just the items that he repaired. He could have got those permitted separately and then went for the addition after. So there was options here that he could have looked at and possibly -- MS. CURLEY: Let's ask Herminio. Are you allowed to have one building permit a year on your property, just one? Isn't there a rule like that? CHAIRMAN KAUFMAN: No. MR. ORTEGA: You can have multiple permits. MS. CURLEY: Owner/builder? CHAIRMAN KAUFMAN: Yeah. MR. ORTEGA: You can have an alteration permit that may not include a roof. You can have a roofing permit. You can have interior alteration. You can have an addition. CHAIRMAN KAUFMAN: You can have lots of permits. January 24, 2019 Page 35 MR. BEAUREGARD: I can't finish the roof on the house until I put the addition on the house, because I'm doing a metal roof, and I would have to -- I would have to do extensive -- or seam the roof when the time comes, because I'm adding five feet to, you know, of an extension of the house. So I would gladly do the roof and the windows or doors or whatever I had to do just to keep the house going but, you know, I was told to just get it all under one blanketed permit, and that's what I've been waiting on. MR. ORTEGO: When was the permit submitted? MR. BEAUREGARD: Like -- MR. ORTEGO: Let me rephrase that. MR. BEAUREGARD: -- the middle of December. MR. ORTEGA: Corrections were submitted? MR. BEAUREGARD: Yeah. MR. MUSSE: I didn't believe corrections were submitted yet, because I looked in the things. The permit was applied for on November 13th. The permit was rejected on December 12th. On -- you said you did you -- submitted corrections yesterday? MR. BEAUREGARD: Yeah, for impervious, for the roof, for the underlayment, for -- they mentioned there was a problem with how many feet from a pergola -- there was an old pergola that the gentleman I bought the house from had for orchid growing, and I ripped it out. It's no longer there. So -- but that -- they said they submitted -- Reliable Permitting submitted yesterday or the day before. MR. MUSSE: Okay. According to our system, it is not showing that corrections have been submitted. That's not to say it hasn't. It's just not showing on our system. CHAIRMAN KAUFMAN: And I'm looking -- this is five months ago. So all this thing is being held up for five months January 24, 2019 Page 36 because of what? In other words, what was done from August 23rd? And August 23rd is when the stipulation agreement was heard. This goes back to -- MR. LEFEBVRE: February 21st. CHAIRMAN KAUFMAN: -- February. It's over a year. MR. BEAUREGARD: Yeah. Well, the biggest task was just -- it took me five weeks just to shake hands with an architect and say, will you come look at the job? And I practically begged that man to help me, because I didn't know anybody down here. I mean, there was so much going on, and there's so much work down here between architects and engineers, they basically can cherrypick whatever they want for work. And I spoke with him extensively. He said, I'm four to six weeks out, but I will help you with the project. So I was almost three months before he even started putting a pencil to paper, just on the architectural side. And then when I got those drawings done, I went into Collier County with surveys, with all of my architectural drawings, with flood certificates and everything and asked if there was any way that I could get permitting based on what I had. And I talked with Renald Paul, and he said absolutely not. You have to have an engineer's stamp of approval. That took nearly another two-and-a-half months and another $4,300 to get that approved. And, again, this is for a small bathroom and a wall that has $4,000 in materials, and these drawings have cost me over 12 grand. So I'm all about obeying the rules, and I'm fine; the house needs it. I want to finish the project. You know, I expected to be done with it by now. But I'm certainly not trying -- I don't want to do anything that's going to cause me any more problems than I already have. CHAIRMAN KAUFMAN: Well, there was a motion that was January 24, 2019 Page 37 made and passed to grant another 150 days. At that t ime, if everything is done, you can always come back to the Board and ask for the fines to be lowered or abated at that time. We're just talking in circles right now. Okay. Any comments from the Board? We already voted on it, so it's done. So we'll see you, hopefully -- and if you get it done before then, come back to the Board, and we can resolve it fully at that time. MR. BEAUREGARD: That's fine. CHAIRMAN KAUFMAN: Okay. MR. BEAUREGARD: Yeah. MR. MUSSE: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: That concludes our motions for extension of time. MR. BLANCO: We'll jump into Letter B, stipulations, first item under stipulations will be No. 4 from hearings. That's Item No. 5D4, Case No. CESD20140008992, Teresa Perry. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MS. PERRY: Good morning, Teresa Perry. CHAIRMAN KAUFMAN: Okay. MR. SHOCKLEY: Good morning. I'm Jeff Shockley. CHAIRMAN KAUFMAN: Okay. And you are the owner the property? MS. PERRY: I am. CHAIRMAN KAUFMAN: Okay. Good morning. MR. HOAGBOON: For the record, John Hoagboon, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record for us. January 24, 2019 Page 38 MR. HOAGBOON: Sure. Therefore, it is agreed between the parties that respondent shall: One, pay all operational costs in the amounts of 59.70 incurred in the prosecution of this case within 30 days of the hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy for all improvements noted on Permit No. PRBD20131026416 within 90 days of this hearing, or fine of $200 per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Can you stop one second. Could you just read that one sentence or two sentences again. MR. HOAGBOON: Sure. I'll just start with No. 2 again. Abate all violations by obtaining all required Collier County building permits or demolition permits and request all inspections through certificate of completion/occupancy for all improvements noted on Permit No. PRBD20131026416 within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: PRBD -- MR. HOAGBOON: PRBD. CHAIRMAN KAUFMAN: Correct. And 2013 is the -- MR. HOAGBOON: Correct. CHAIRMAN KAUFMAN: That's what I wanted to clarify, okay. MR. HOAGBOON: Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any methodology to bring the January 24, 2019 Page 39 violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. It's an oldie but a goodie, right? This goes back five years, I guess. You understand and have agreed to that? MS. PERRY: I have. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Do you have any questions of the Board? MS. PERRY: No, sir. CHAIRMAN KAUFMAN: No? Okay. MR. LEFEBVRE: Was this work done by yourself, or was it done by a prior owner? MS. PERRY: Initially it was myself, myself and a roommate. The roommate is gone, and I hired a licensed contractor. MR. LEFEBVRE: Okay. So this wouldn't be a permit by affidavit then? CHAIRMAN KAUFMAN: Well, you understand 90 days is going to be sufficient time for you to resolve it? MR. SHOCKLEY: Yes, sir. CHAIRMAN KAUFMAN: I see two heads shaking yes, okay. All right. MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) January 24, 2019 Page 40 CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. HOAGBOON: Thank you. MR. BLANCO: Next stipulation agreement, it's No. 2 from hearings, Item No. 5D2, Case No. CESD20180005831, Luis D. Diez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you move the microphone down. MS. DIEZ: I swear. CHAIRMAN KAUFMAN: Okay. Can you both state your name on the microphone for us. MS. DIEZ: Dalias (phonetic) Diez. MR. DIEZ: Luis Diez. CHAIRMAN KAUFMAN: Okay. What a coincidence, you both have the same name. Who would have thought? Okay. You have a stipulation you'd like to read to us? MR. MOLINA: I do. Good morning, for the record, Boris Molina, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all January 24, 2019 Page 41 violations by obtaining all required Collier County building permits or demolition permit; request all related inspections, and issuance of the certificate of completion for two unpermitted structures on the side of the house, porch attached to the rear of the house and a wooden deck along the rear of the property, within 120 days of this hearing or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform site inspection to confirm compliance. Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So you have a deck and another building that you need to get permitted and CO'ed. Have you already applied for a permit? MS. DIEZ: We already did. CHAIRMAN KAUFMAN: And you think that you can get this done in 120 days, four months? MS. DIEZ: I hope so, yeah. CHAIRMAN KAUFMAN: Okay. And you agree to the rest of the stipulation as it was written. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions? MR. ORTEGA: I'll make a motion to accept the stipulation as stated. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. January 24, 2019 Page 42 Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MS. DIEZ: Thank you. MR. BLANCO: Next stipulated agreement, it's No. 6 from hearings, it's Item No. 5D6, Case No. CESD20180004425, Maria C. Ramirez. Mr. Chairman, I would just like to note that we have another stipulation agreement for the same respondent, same property; that would be No. 19 from hearings, Case No. CEVR20180002560, Maria C. Ramirez. CHAIRMAN KAUFMAN: Well, the first one is a chicken coop and some other buildings? MR. BLANCO: Mr. Chairman, we'll jump to No. 19. We're going to make some changes to the stipulation agreement for No. 6. So we'll hear the stipulated agreement for No. 19 first. CHAIRMAN KAUFMAN: You're going to hear 19 first. MR. BLANCO: Yes, sir. CHAIRMAN KAUFMAN: Do you want to amend the agenda? It's not necessary. They're all in the -- January 24, 2019 Page 43 MR. BLANCO: The respondent just has to initial some changes on the original stipulated agreement for No. 6. CHAIRMAN KAUFMAN: Okay. So we'll hear 19 first. (The speakers were duly sworn and indicated in the affirmative.) MS. GIGUERE: All right. Good morning. For the record, Vicky Giguere, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Hold on one second, Vicky. Can you state your name on the microphone for us. MS. RAMIREZ: Maria C. Ramirez. CHAIRMAN KAUFMAN: Okay, Vicky. This is -- 19 is also a stip? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: We did them in conjunction because the cases are on the same property and they kind of coincide with each other. CHAIRMAN KAUFMAN: Yeah. We'll hear them separately and vote on them separately, but I understand. Okay. MS. GIGUERE: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Must apply for and obtain a vegetation removal permit that would partially allow some of the clearing done for any permitted accessory structures or uses within 365 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. For any portion of the overclearing that does not qualify for a vegetation removal permit, the owner must cease all land clearing, excavation, and/or landfilling using heavy machinery without a permit and must submit a mitigation plan which meets the January 24, 2019 Page 44 criteria pursuant to Section 10.02.06(D)(3)(a), b, c, and d, and must obtain approval of and complete the installation of the required plantings to restore native vegetation in all three strata: Canopy trees, mid-story plants, and ground cover within 365 days of this hearing, or a fine of $100 a day will be imposed until the violation is abated. The respondent must modify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance, and 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 property owner. CHAIRMAN KAUFMAN: Okay. Let me ask a few questions before we continue. How big is this piece of property? MS. RAMIREZ: Five acres. CHAIRMAN KAUFMAN: Five acres. And how much of the property was cleared? I know you're allowed to clear one -- your site, you can clear that with a building permit. MS. GIGUERE: Correct. CHAIRMAN KAUFMAN: Okay. Was there was a building permit issued? MS. GIGUERE: There is a house on the property, so that does allow them the one acre. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: We're, roughly, about three acres cleared. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: Possibly a little more. They are in an overlay, so this agricultural zone overlay requires them to keep a certain percentage regardless of what you're usually allowed, so that January 24, 2019 Page 45 has to be met as well, which is why we're givin g them time, because I want to wait for rainy season for them to plant. And as far as the other case goes, they're trying to permit some structures on the property. That would allow them additional clearing for accessory structures. So everything kind of goes hand in hand. They're also waiting for Property Appraiser to finish their bonefide ag use on the property. So that will help them with the clearing that's been done as well. So the amount of mitigation that could be required at the end of all that could be a lot less than just the general couple acres. CHAIRMAN KAUFMAN: And you're working with them to let them know what they need to do? MS. GIGUERE: Absolutely. CHAIRMAN KAUFMAN: Okay. You have a lot of work in front of you. MS. RAMIREZ: Yeah. CHAIRMAN KAUFMAN: You understand the stipulation as it was written? MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: And you agreed to that? MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: One year is enough time, unless you plant little trees. It takes a while to get up there. Okay. Any questions from the Board? MR. ORTEGA: One question. Where is this located on the map, Labrador? Is this E zoning? MS. GIGUERE: It's agricultural zoning. It's down off of 6L Farms. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: South Naples. MS. GIGUERE: Yes. January 24, 2019 Page 46 MR. ORTEGA: No wetland? MS. GIGUERE: No. CHAIRMAN KAUFMAN: Okay. Any other questions? (No response.) CHAIRMAN KAUFMAN: You're not allowed. You said you only had one. Okay. Any motions from the Board? MR. ORTEGA: I'll make a motion to accept the stipulation as stated. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. You've got a lot of work in front of you. MS. RAMIREZ: Thank you. MR. BLANCO: Ma'am? CHAIRMAN KAUFMAN: Don't go too far, because I think there's another case coming up. MS. RAMIREZ: I forgot. CHAIRMAN KAUFMAN: This is Case 6? MR. BLANCO: Correct, sir. (The speakers were duly sworn and indicated in the affirmative.) January 24, 2019 Page 47 CHAIRMAN KAUFMAN: Good morning. MR. CATHEY: Good morning. CHAIRMAN KAUFMAN: You have a stipulation to read into the record for us? MR. CATHEY: I do. For the record, Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections and certificate of completion/occupancy for the unpermitted structures within 365 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated and, two, reinstate and complete the three expired permits, PRBD20140925624, PRBD20140927647, and PRBD2016072667, within 365 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You have more work. This was -- this goes back to 2014? MS. RAMIREZ: Yes. CHAIRMAN KAUFMAN: Do you have any idea right now what you're going to do with the sheds, the pole barn, et cetera? Are you going to get them permitted, or are you going to demolish them? January 24, 2019 Page 48 MS. RAMIREZ: No, I'm going to get them permitted. CHAIRMAN KAUFMAN: Okay. And you have a year to do that. The trailer, is that a problem to get that resolved? MS. RAMIREZ: I'm going to try, I mean, to get the permit; if not, I'll just demolish it. CHAIRMAN KAUFMAN: Is the trailer on wheels? MR. CATHEY: I would have to reference the case. I don't know. CHAIRMAN KAUFMAN: Okay. Because there's a difference if it's on wheels and if it's not on wheels, if it has a license plate or it doesn't, et cetera. MR. CATHEY: Yeah. CHAIRMAN KAUFMAN: Okay. We have a year to figure all of that out, right? MR. CATHEY: Yeah. CHAIRMAN KAUFMAN: And you're working with the respondent to help her -- MR. CATHEY: That's correct, yes. CHAIRMAN KAUFMAN: -- get everything resolved? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Any question or comments from the Board? MR. ORTEGA: The three permits, they pertain to th e pole barn, sheds, and all of that? MR. CATHEY: No. MR. ORTEGO: Is that separate? MR. CATHEY: I believe they're separate. One is for the concrete columns around the pool and the cage, there was a propane tank that was installed, and the third one was for -- I apologize. One was for the pool, the paver deck, and screen enclosure, and the other one was for the concrete columns. January 24, 2019 Page 49 MR. ORTEGO: Is the pool built? MR. CATHEY: Yes, I believe so. MR. ORTEGA: Does it have water? MR. CATHEY: I didn't look inside to see if there was water. MR. ORTEGA: Is it protected? CHAIRMAN KAUFMAN: It has a fence around it? MR. CATHEY: Yes, it has the screen around the outside. CHAIRMAN KAUFMAN: It's got a lanai. A pool on a lanai? MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So these permits are all permits that haven't been closed? MR. CATHEY: They're expired. CHAIRMAN KAUFMAN: Yeah, 2014. Okay. MS. CURLEY: So I have a question. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I mean, we have some history of not following through. So I'm a little -- I'm a little curious to why the stipulation is so flexible. MR. CATHEY: The respondent's been working to obtain the bonefide ag use. There's a lot of structures on there that need to be permitted. I'm kind of working with her to give her the benefit of the doubt to obtain all the permits that are going to be required due to the amount of structures. MS. CURLEY: That were put up without permission. MR. LETOURNEAU: It's also crafted around the other stipulation involving the vegetation. So if they get these things CO'ed, that will help them in having more clearing okayed. Rather than having to replant it, they'll have, you know, more acreage to clear or allowed to be. CHAIRMAN KAUFMAN: Is this ag property? January 24, 2019 Page 50 MR. LETOURNEAU: It is. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Does any of the work involved present a life-safety issue at this point? MS. GIGUERE: No. And if I may just jump in the case, I know that I spoke with the property owner. She's had some problems with contractors walking out and not finishing the job, so that is part of her issue with those permits not being finished. And also, as far as the bonefide ag use, some of her structures that are on the property may not require a permit because they go in conjunction with that bonefide ag use. So until she gets that determination, we can't deem what buildings would need permits or not. So that will all coincide with that final determination. CHAIRMAN KAUFMAN: Okay. This is a different case, the swearing in. You want to do it a little backwards. Everything you said, was that -- MS. GIGUERE: Yes. (The speaker was duly sworn and indicated in the affirmative.) MS. GIGUERE: I do. CHAIRMAN KAUFMAN: After the fact. That's fine. Do we have any other questions? You had asked, Sue, about why it's taken so long. Do you have this property for many years? MS. RAMIREZ: Yes. But I've been having a lot of issues, family issues. I don't want to cry, but -- CHAIRMAN KAUFMAN: No. Take -- MR. ORTEGA: We are here to help you. Do you understand this? We're here to help you. CHAIRMAN KAUFMAN: I know the government says that all the time, but we're not government. MS. CURLEY: We're volunteers and also county homeowners, January 24, 2019 Page 51 so we are here to help you. CHAIRMAN KAUFMAN: Okay. So you've had the property for many years, and it's all come to height now. So you have a year to get everything resolved. We made a motion to -- on this particular one, did we make a motion to approve this one yet? Okay. Do we have a motion to approve it? MR. ORTEGA: One question before we move towards that direction. This is more for staff with regards to ag use and unpermitted structures or, excuse me, structures that don't require permits. As long as they don't have electrical or plumbing. (No verbal response.) MR. ORTEGO: Okay. I'll make a motion to accept the stipulated -- stipulation as stated, one year. CHAIRMAN KAUFMAN: Okay. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a year. Don't be upset. MS. RAMIREZ: I'm sorry. I lost my two sisters and my January 24, 2019 Page 52 mother in less than two years. My husband was diagnosed with cancer. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Just a -- I think that the other case may take longer than a year because this has to be resolved -- this case has to be resolved first. And so if she comes back in front of us, I think we're going to have to have some consideration that this case may take a while. How long did you (sic) take to get ag status? MS. GIGUERE: We still don't have the final say from Property Appraiser because they only do it once a year, and so we're waiting for them to make it to the property, because they don't start until January. So they haven't even been able to make the assessment yet and give us their determination. I did tell her when we were doing the stipulation that if she needed more time that we could work with her to do that, because I know it's going to take time to figure out exactly what they need to replant, if anything at all, and do the plantings and let them survive through the rainy season at least. MR. LEFEBVRE: So the problem we're having here is if that case isn't resolved by probably June or so when the rainy season starts, it might be hard to plant and have a higher -- a high survival rate when we go back into dry season. MR. ORTEGA: Especially if it's lowland. MR. LEFEBVRE: I mean, these are things we have to consider. The other one we might have been better giving 18 months versus -- now, I'm not usually one for extending stuff out, but in this particular case, it might have been better to extend that out 18 months. MS. GIGUERE: The county would have no objection. CHAIRMAN KAUFMAN: We'll all be here a year from now if we need to extend it further. January 24, 2019 Page 53 MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Thank you very much. CHAIRMAN KAUFMAN: Thank you very much. Good luck. MR. BLANCO: Next stipulation agreement, it's No. 14 from hearings, Item No. 5D14, Case No. CESDSD20170016853, Guixian Wu. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the mike. MS. WU: My name is Guixian Wu. MR. REISMULLER: And my name is Helmut Reismuller. CHAIRMAN KAUFMAN: Okay. MR. PLOURD: For the record, Benjamin Plourd, Collier County Code Enforcement. CHAIRMAN KAUFMAN: I think you're new. MR. PLOURD: Ish. CHAIRMAN KAUFMAN: You're newish. MR. PLOURD: Couple years. CHAIRMAN KAUFMAN: Okay. You have a stipulation you'd like to read into the record? MR. PLOURD: I do. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 January 24, 2019 Page 54 hours of abatement of the violation and request the investigator perform a site visit -- or a site inspection to confirm compliance; and, 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 the abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You understand the stipulation? MS. WU: Yes. MR. REISMULLER: Yes. CHAIRMAN KAUFMAN: Let's see. This is building remodeled without getting the permits. It was about a year and three months ago. MR. REISMULLER: We had a permit. The permit expired. I did not know that the permit expired. CHAIRMAN KAUFMAN: Oh, okay. MR. REISMULLER: And it's mostly everything done. Only the bathroom has to be finished, and this we can do in 120 days for sure. CHAIRMAN KAUFMAN: So the permit that was issued, you got all the inspections? MR. REISMULLER: No, I did not make the inspection, but it is not finished, the renovation from the trailer. CHAIRMAN KAUFMAN: Okay. And you have enough time now, you think, to get everything done? MR. REISMULLER: Yes, we can do it. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MS. CURLEY: So this is in a -- are you -- there's some documentation in our packet that says the Holiday Manor Cooperative. Is this where the unit is located? January 24, 2019 Page 55 MR. REISMULLER: Yes. MS. WU: Yes. CHAIRMAN KAUFMAN: Okay. Three (sic) months seems to be sufficient time to get it done? MR. REISMULLER: Yes. CHAIRMAN KAUFMAN: Any motion from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make a motion that we accept the stipulation as written. MR. ORTEGA: I second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. REISMULLER: Thank you very much. MS. WU: Thank you very much. CHAIRMAN KAUFMAN: We're going to take about an eight-minute break so that the court reporter can soak her hands in hot water or whatever you do to get your fingers back. So we stand adjourned for about 10 minutes. January 24, 2019 Page 56 (A brief recess was had.) CHAIRMAN KAUFMAN: Okay. Code Enforcement's back in order. On our next case is? MR. BLANCO: Our next stipulated agreement, it's No. 9 from hearings, Item No. 5D9, Case No. CEPM20180008642, Chad Barancyk. MR. HARMON: Mr. Barancyk is here. He has stepped out. He's coming in now. MR. BARANCYK: Sorry. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. BARANCYK: Chad Barancyk. CHAIRMAN KAUFMAN: Okay. This is a pool deal. You want to read the stipulation into the record. MR. HARMON: For the record, Chris Harmon, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $60.05 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Must erect, fix, or repair an approved pool barrier to avoid safety concerns and/or must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier and follow through to certificate of completion within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the January 24, 2019 Page 57 county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collie r County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to property owner. CHAIRMAN KAUFMAN: Okay. This is a pool barrier. Can you describe -- is it a fence that's missing? Is it an unapproved fence? What -- MR. HARMON: A pool cage was in place and was damaged and subsequently removed. There is a temporary barrier in place, and I believe there is a fence that has been ordered pending delivery to be installed. CHAIRMAN KAUFMAN: Okay. Thank you. Okay. You've signed the stipulation agreement? MR. BARANCYK: Yes, sir. CHAIRMAN KAUFMAN: And problems meeting the date? MR. BARANCYK: No. I mean, the fence is being delivered today. The challenge is the permit for me. It's a unique situation that on my property at the back of it, there's a 12-foot drainage easement. I'm on a golf course, but the county can't find out if the drainage easement is the HOA's issue or the county's issue. So I've tried to get a permit, and they keep going -- the Planning Commission (sic) keeps going back to the County Attorney -- anyway, that's the -- no. CHAIRMAN KAUFMAN: The long and short of it is no. No, problem. Okay. No problems. Okay. Any questions from the Board? MR. ORTEGA: Yes. The fence, is it fenced just for the pool, or is it on the property itself? MR. BARANCYK: It's going to enclose the pool, but it's extended on some of the property as well, that's correct. MR. ORTEGA: Okay. January 24, 2019 Page 58 MR. BARANCYK: But it's a pool code fence. CHAIRMAN KAUFMAN: I assume that you're having it done by a pool contractor or fence contractor? MR. BARANCYK: No, no. CHAIRMAN KAUFMAN: Do it yourself? MR. BARANCYK: Yeah. CHAIRMAN KAUFMAN: God bless you. What are you doing after -- no. MR. BARANCYK: It's not rocket science. CHAIRMAN KAUFMAN: Any other questions of the respondent? MR. ORTEGA: Has a permit been applied for? MR. BARANCYK: I sought -- I don't know how to answer that. I've been to the Planning Department four times with the correct paperwork, but they wouldn't let me submit it because they keep wanting to talk to the County Attorney to see if the -- and it's sort of this huge can of worms. My entire community, all of the drainage easements inside or out -- inside of the community, there's no record of who is in charge of it, only the barrier of the community. It's an older community. CHAIRMAN KAUFMAN: Imperial? MR. BARANCYK: Yeah. CHAIRMAN KAUFMAN: Okay. Well, I guess that battle will be fought. The pool -- MR. BARANCYK: Yeah. CHAIRMAN KAUFMAN: -- equipment has come -- MR. BARANCYK: Yeah. CHAIRMAN KAUFMAN: -- and you're going to put it in, and then you're going to have it inspected. MR. BARANCYK: Yeah. Well, I will have a -- how do you want me to answer that? January 24, 2019 Page 59 MS. CURLEY: Truthfully. MR. ORTEGA: What type of fence is it again? Just a railing? MR. BARANCYK: It's an aluminum -- yeah, aluminum -- MR. ORTEGO: Vertical pickets? MR. BARANCYK: Yeah, aluminum fence. MS. CURLEY: Do you need special permission from your association? MR. BARANCYK: No. I've gotten the association's approval. So I could put in the fence without it being permitted and then get a permit later, or I could -- MR. ORTEGA: No. MR. BARANCYK: -- I could not do that. I'm still -- you know, I'm probably going to go straight to the Planning Commission (sic) after this and find out if they've talked to their attorney. Mr. Stone, I think his name is. CHAIRMAN KAUFMAN: Go visit Mark. He's down at the end of the hall there, Mark Strain. MR. BARANCYK: Okay. CHAIRMAN KAUFMAN: He'll get things done and probably yell at me for -- MR. BARANCYK: Well -- I don't know what to say. CHAIRMAN KAUFMAN: So 90 days. If you have extenuating circumstances and you need to come back here, we'll be here. Okay. Anybody make a motion? MR. WHITE: Motion to approve the stipulation as written. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. January 24, 2019 Page 60 MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. BARANCYK: Thank you. Thank you very much. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Next stipulated agreement, it's No. 12 from hearings, Item No. 5D12, Case No. CEAU20170014383, Enclave at Naples. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: The previous respondent should have stayed to listen to this case. This is a fence erected without a building permit. Okay. Could you state your name on the mike for us. MS. JANESKI: Kathleen Janeski. CHAIRMAN KAUFMAN: Okay. MR. MOLINA: For the record, Boris Molina, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. And you'd like to read the stipulation into the record for us. MR. MOLINA: Yes. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $60.05 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits for the fence, inspections, and certificate of January 24, 2019 Page 61 completion, or remove the fence within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Three, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner; Four, respondent must notify Code Enforcement within 24 hours of the abatement of the violation and request the investigator to perform a site inspection to confirm compliance; Five, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. How much time did you say? MR. MOLINA: Ninety days. CHAIRMAN KAUFMAN: Ninety days. Okay. Question number one, your name again is? MS. JANESKI: Kathleen Janeski. CHAIRMAN KAUFMAN: And this thing was -- I see a Boris Molina. MS. JANESKI: Yes. MR. MOLINA: That's me. CHAIRMAN KAUFMAN: Oh. And this is your property. MS. JANESKI: No. I'm board president for the Enclave at Naples. January 24, 2019 Page 62 CHAIRMAN KAUFMAN: Okay. So this is a fence for the Enclave? MS. JANESKI: Yes. CHAIRMAN KAUFMAN: Any questions from the Board of the respondent? MR. ORTEGO: Was there a permit submitted? MR. MOLINA: Yes, they did. They applied for the permit back in November 2nd, 2017, and then it was rejected on November 17th. MS. CURLEY: And when was the fence erected? MR. MOLINA: September 1st, 2017. MR. ORTEGO: Does that fall under the 2017 code or is it 2014? You've got listed here 2014. MS. CURLEY: It should be '17. MR. ORTEGA: If memory serves me, I think, wasn't it 2017, January 1st, it went to the new code? CHAIRMAN KAUFMAN: Yep. MR. ORTEGA: You may want to update that. But this is a commercial property, correct? MS. CURLEY: Yeah. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: It's a condo association. MR. ORTEGA: So it's not just installing a fence without having some type of SDPI, SDPA, anything like that. MR. MOLINA: They're going to be able to apply for the permit and get the permit. They just have to follow through the permit, because they applied for the permit before, and it was rejected before because the contractor didn't turn in all the paperwork consisting of, you know, the material of the fence, where it's located, inside the community and stuff like, you know, basic information like that. January 24, 2019 Page 63 She has a letter for the corrections for the fence, so... MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Okay. MR. WHITE: So the fence is shown on the approved site plan? MR. MOLINA: It is not on the site plan, but it was reviewed by the Permit Department, and they were -- they didn't put in the corrections that needed to be approved on the site plan. CHAIRMAN KAUFMAN: This is not a fence around the pool? MR. MOLINA: It is not. CHAIRMAN KAUFMAN: This is a fence around the property. MR. MOLINA: It is the rear gate, yes. CHAIRMAN KAUFMAN: Is the fence required? MR. MOLINA: It is not required by the site plan. CHAIRMAN KAUFMAN: Okay. MR. MOLINA: It's an addition that they want to put around the rear gate. CHAIRMAN KAUFMAN: Okay. MR. WHITE: But usually on commercial properties a fence has to be shown on the approved site plan. CHAIRMAN KAUFMAN: Right. MR. WHITE: You might have to do an insubstantial change or minor update to your site plan to show the fence location, then you can get the building permit issued. Have you guys started with an engineer to update your site plan? MS. JANESKI: No. What happened is we have a back gate -- it's a gated community, and we have a back gate. And what was happening is that we were having people, pedestrians walking around and through, like, a wooded area to enter the back of the complex. So we had an extension -- chain-link fence put from the January 24, 2019 Page 64 back gate and kind of made an L shape to kind of stop the walk through of people into the property, and that was the chain-link fence. And when the -- and we took out a permit for that. And then when the inspection -- the inspector came, there was an unpermitted extension that went to extend the gate that was not permitt ed, and that's the reason why we failed inspection. So we took that down; however, the contractor never went back to get reinspection for us, and now the permit has expired. So I think that's kind of the long and the short of it. So it was just a small chain link extension that's on our property to just stop pedestrians from coming through. CHAIRMAN KAUFMAN: So your plan to resolve this is? MS. JANESKI: Well, now we're going to go with another contractor, so he's going to have to put in for a permit again and then call for inspection, and I think that that will answer our problem. CHAIRMAN KAUFMAN: Okay. MR. ORTEGO: You realize you don't have to put another permit? Just do a change of contractor. MS. JANESKI: Oh, okay. Change of contractor, yes, that's right. He did say that. MS. CURLEY: Was this something that your property management company that you used was managing and then it got mismanaged, or how did that happen? MS. JANESKI: Well, we were self-managed last year. We had a -- or let's see. We were self-managed, then we had KW for a year, and in that time, she got the contractor, and now we're back to being self-managed. So it's kind of -- CHAIRMAN KAUFMAN: You'll get it taken care of. MS. JANESKI: Yes. CHAIRMAN KAUFMAN: Great. Okay. Any other questions? January 24, 2019 Page 65 (No response.) CHAIRMAN KAUFMAN: Anybody like to make a motion? MS. ELROD: I'll make a motion that the stipulation is accepted as written. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. JANESKI: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. JANESKI: Thank you. MR. BLANCO: Next item on the agenda, it's Roman Numeral 5, public hearings/motions, Letter C, emergency cases, Case No. CEOCC20180012074, Yavuz Karagoz. I just want to let the board members know that the respondent present here today signed a stipulation agreement, and the board members should have the case file if you would like to review any -- CHAIRMAN KAUFMAN: This was a U-Haul business without having approval by the county business tax receipt? MR. AMBACH: That's correct. MS. CURLEY: Danny, just one typo. On the cover page, the January 24, 2019 Page 66 location of the violation is listing the wrong city. Isn't New Market Road in Immokalee? MR. BLANCO: Oh, okay. Yeah. All right. CHAIRMAN KAUFMAN: That's another thing you shouldn't do again. Okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And you can state your name on the mike for us. MR. KARAGOZ: Yavuz Karagoz. CHAIRMAN KAUFMAN: Okay. And, Chris, you have a stipulation you'd like to read to us. MR. AMBACH: I do, sir. For the record, Chris Ambach, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: The respondent must remove all U-Haul trucks and/or trailers and all related equipment from the property until a Collier County -- pardon -- until all Collier County authorizations and approvals are met to allow for this type of business to operate within three days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So you have a bunch of January 24, 2019 Page 67 vehicles -- MR. KARAGOZ: Yes. CHAIRMAN KAUFMAN: -- and trailers and whatnot that you're going to have to move, and you have a place to move them to. MR. KARAGOZ: Actually, I'm going to let U-Haul know, so they have to come and get them all. CHAIRMAN KAUFMAN: Okay. MR. KARAGOZ: I mean, I don't move it personally. U-Haul will move them all. CHAIRMAN KAUFMAN: Hopefully this works out, because U-Haul has to show up and do it. If they don't show up to do it, then the property owner's still responsible. MR. KARAGOZ: Yes. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. ORTEGA: Is there any -- is this just a use issue? MR. AMBACH: It's a use issue, it is an occupation licensing issue, and it is a health and safety, welfare issue due to the fact that homeless have moved in and they're using drugs and sleeping in those trailers on site. That's why we're here today. CHAIRMAN KAUFMAN: Has there been an effort by the county sheriff to remove those individuals? MR. AMBACH: There has -- it was brought to my attention by the Sheriff's Department on the 17th of this month. I assured them I had an open case with regard to the use and that I would pursue an emergency hearing as soon as possible. CHAIRMAN KAUFMAN: And -- MR. AMBACH: So, yes, they are aware of it. They are monitoring it. I advised the property owner to get with the Sheriff's Department and sign related trespass agreements with them so they could expedite removal. MS. CURLEY: Has that been done? January 24, 2019 Page 68 MR. KARAGOZ: Yes. We have moved all the -- I mean, I called the Sheriff's Department a couple of times, but we kicked all the homeless people out of there. I mean, I kick them out, and once we close at 9 o'clock or 10 o'clock, they'll just all come back and sleep on the streets, so -- nothing I can do about that, so... MS. CURLEY: Well, there is. You could hire security or something to manage your property. MR. KARAGOZ: It's a convenience store outside and public, and it's right next to a flea market for produce, so... CHAIRMAN KAUFMAN: It's being addressed. MR. KARAGOZ: Yes. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. KARAGOZ: Thank you. MR. AMBACH: Thank you. MR. BLANCO: Mr. Chairman, that concludes all of our stipulated agreements. MR. BLANCO: Next item on the agenda, Roman Numeral 5, January 24, 2019 Page 69 public hearings, motions, Letter D, hearings, going in the order of the respondents that are present here today, No. 3, Item No. 5D3, Case No. CEV20190000083, Eduardo Rodriguez and Marie L. Rodriguez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Danny was making a motion to Helen? MR. BLANCO: She's doing it. We're good. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. RODRIGUEZ: It's Eduardo Rodriguez. CHAIRMAN KAUFMAN: Okay. Bring it down a little bit. There you go. Vicky, I guess you're first up. MS. GIGUERE: All right. Good morning. For the record, Vicky Giguere, Collier County Code Enforcement. This is in reference to Case No. CEV20190000083 dealing with violations of Collier County Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(2), commercial vehicles stored and parked at residential property and visible from road located at 3600 Poplar Way, Naples, Florida, 34112; Folio 22670600009. Service was given on January 8th, 2019. I would like to now present case evidence in the following exhibits: We have one photo. CHAIRMAN KAUFMAN: That's what you think. When the photo arrives -- MS. GIGUERE: Sorry. CHAIRMAN KAUFMAN: That's okay -- has the respondent seen the photo? MS. GIGUERE: Yes, I showed it to him this morning. CHAIRMAN KAUFMAN: Okay. Sir, do you have any objection to that photo being shown when it shows up? MR. RODRIGUEZ: I'm sorry. I can't speak English too January 24, 2019 Page 70 much. I speak little bit English, but I can't speak everything. CHAIRMAN KAUFMAN: Your English is fine. What I was saying, the photo that she showed you this morning, do you have any problem with us seeing it? MR. RODRIGUEZ: The problem is I only going to -- I have a big area, rent for all my equipment, I pay $800 every month to fix it. So this day is going to Mexico, I leave my truck for a few days. I have a small back cab behind my truck. I have a lot of people steal the back cab. So I leave in my house for I go on vacation. There is already -- I already rent the place for -- almost 14 year rent the place. So I pay $850 all for my equipments. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: So only -- I'm sorry. So I leave a couple days over that at my house so there's nobody -- CHAIRMAN KAUFMAN: We'll get to that. Vicky, are you done, or -- MS. GIGUERE: Almost, yeah. The photo was taken by Director Ossorio on December 31st, 2018. That's when he observed this commercial vehicle parked at a residential property. The vehicle was observed again at the property on January 8th, and I just want the Board to know that this is a repeat violation. It was brought before a hearing in May of 2018, and a stipulation was signed at that time to remove commercial vehicles from the property. CHAIRMAN KAUFMAN: Okay. So now it's up to us to decide whether this is a violation or not. So that's the next thing we're going to do. If the Board feels that this is a violation, they'll vote on that, and then based on that vote, we will go forward. Okay. MR. RODRIGUEZ: Sorry. My choice, you say, over here on the 8th, I come in 8 -- this day, 8 for this months, I coming to Mexico, come (unintelligible) the night. So that night, I move everything now. January 24, 2019 Page 71 CHAIRMAN KAUFMAN: Okay. This is not the first time that this -- MR. RODRIGUEZ: Everything is clean. I only put in my trucks for a couple days to go into vacation, you know, so families (sic) no park there. CHAIRMAN KAUFMAN: Whether it's a couple of days or one day, it's a violation. You understand that? MR. RODRIGUEZ: I mean, first they told me no parking, no give me nothing this time, only send it to me here. You see the last time they give me 30 days to -- you move your car or something. But this time no say nothing. CHAIRMAN KAUFMAN: Okay. MR. RODRIGUEZ: You understand what -- CHAIRMAN KAUFMAN: No, I understand, I understand. And what I understand from the code enforcement people is that this is not the first time this happened. And you just said it happened before, and they gave you a notice to move it within 30 days. And after that notice, this appeared again. So that's a sec ond time; is that correct? MR. RODRIGUEZ: This is never -- CHAIRMAN KAUFMAN: Okay. So my question to the Board is, does a violation exist? MR. DIONO: Make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second a violation exists. Any discussion on the motion? MR. ORTEGO: Are we allowed to translate? MR. BLANCO: No. MR. ORTEGO: No? Because I don't think he understands. MR. BLANCO: The respondent has been in front of the Code Enforcement Board and special magistrate numerous times in the January 24, 2019 Page 72 past, and he's been advised on numerous times as well that, you know, per county policy, we're not allowed to translate. MS. CURLEY: So the -- from what I'm understanding is that he cleared up the violation before and has found other arrangements to park his vehicles during normal business times, but because traveling for eight days over New Year's Eve for holiday, out of fear for somebody stealing his chipper and equipment, he parked it in the safety of his own driveway thinking that he would have a 30-day window because he knew he was going to get violated, but getting the violation was less cost than losing all of his equipment at probably the garage where he locks it up at. So he, obviously, didn't understand the go-forward that the rules are now different because he's a repeat violator. So this is a communication issue. Whether we've told it to him or not, he's obviously not thoroughly understanding that once you repeat violation that we have zero tolerance for the parking of vehicles in his home. CHAIRMAN KAUFMAN: That's a good summary. And now we're going to vote whether a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: (No verbal response.) MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So a violation does exist, okay? That's obvious. I see the truck January 24, 2019 Page 73 there. Not the first time. So you have made arrangements -- this may be easier to remedy since you have rented a place or you have a place to store your commercial equipment. MR. RODRIGUEZ: Yeah, I already had it for a long time. Only no have big security over there, so this happens in my rent place, so I just move it from my house this time. It's already rent for a long time. CHAIRMAN KAUFMAN: And what would happen if it happens again? MR. RODRIGUEZ: This one I try move it the place, so more security to make my equipment. You know, I steal -- a lot of people, they steal these things. So it's -- okay, so. I'm sorry. I have other question, too, sir. I have -- my neighbors have all this stuff, in my neighbors, and nobody say nothing for him, only for me. I mean, you have my n eighbors. He's got big stuff in the driveway all the time. MS. GIGUERE: Mr. Rodriguez, we spoke about that in the hall earlier. MR. RODRIGUEZ: I'm coming 10 times over here, and my neighbors have trailers, everything, and my neighbor, no -- second, second time. CHAIRMAN KAUFMAN: It doesn't matter whether your neighbors agreed to it or not. In other words, if you go out and you hit somebody with a baseball bat and your neighbor said, that's okay, he's a nice guy, still, it's your problem for doing that. You can't do that. MS. CURLEY: That's not what he's saying. He's saying that neighbors have similar violations, and he feels like he's being picked on. CHAIRMAN KAUFMAN: Well, if they get reported to the Code Enforcement Board, the same justice will prevail. January 24, 2019 Page 74 MS. CURLEY: Well, I'm sure it sounds like the officer he's spoken to, they'll manage that. MS. GIGUERE: We are aware of those that he's referencing, and they will be looked into. MS. CURLEY: So I have a question -- MS. GIGUERE: Yes. MS. CURLEY: -- that might help the respondent is that is there a number of hours that he is allowed to have a vehicle there, say, when he comes home for lunch or when he's doing, you know, doing something, can he leave it there for eight hours? We need to give this gentleman a window so he knows if he violates this window of the certain hours or half a day, then that's where he's going to be pulled back here every time. MS. GIGUERE: Unfortunately, the commercial-vehicle ordinance is different from a recreational-vehicle ordinance where they have that time period where they can clean their vehicle or do maintenance on it. Commercial vehicle, it's a no-tolerance policy for residential areas unless it's screened and parked properly, which would have to be concealed from the view of the street either with vegetation or a fence or in a completely enclosed structure. Those are the only two options to have a commercial vehicle on residential property. MS. CURLEY: So no hours, ever? MS. GIGUERE: No. CHAIRMAN KAUFMAN: So we are in a position now to try to ensure that this doesn't happen again. MS. GIGUERE: Correct. CHAIRMAN KAUFMAN: And since it is a second violation, we can go from there. Do you have a suggestion for us? MS. GIGUERE: I do. The recommendation is that the Code Enforcement Board orders January 24, 2019 Page 75 the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days, and abate all violations by: One, must pay civil penalty of blank dollars for the repeat violation of commercial vehicles on residential property; two, must store commercial vehicles/equipment in rear yard and conceal from view and/or store commercial vehicles/equipment within a completely enclosed structure and/or remove offending vehicles/equipment from residentially zoned property within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; and Three, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Can you put the photo back up, Helen? MS. CURLEY: Is this a corner lot? MS. GIGUERE: Yes. MS. CURLEY: So he has no way of hiding anything in the backyard? MS. GIGUERE: With a fence if possible or conceal from view with vegetation that's tall enough to cover the height of the commercial. CHAIRMAN KAUFMAN: To resolve this there's only one way you can resolve it, and that's not to park the vehicle there. The others are probably too expensive to -- MS. CURLEY: He can't put an 11-foot fence up. January 24, 2019 Page 76 CHAIRMAN KAUFMAN: You could put slots, probably those green slats that they put in the fence. It's not our job to -- MR. WHITE: Too tall. He can do a vegetation -- CHAIRMAN KAUFMAN: The only way of resolving it is you can't park the truck there; not for lunchtime, never. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: And the suggestion from the county is that we impose a fine for this violation, and hopefully we never see you again unless it's at a Christmas party or something. MR. RODRIGUEZ: It's all right. I have another question. I have my small truck. Can I park my small truck over there? No -- only coming in the night. You know, sometimes work about 7 o'clock. (Multiple speakers speaking.) CHAIRMAN KAUFMAN: Do you have decals or writing on the side of your truck? MR. RODRIGUEZ: Yeah, it's two -- 350, my truck. CHAIRMAN KAUFMAN: What people have done in the past is they get the magnetic sign. Do you understand the magnetic? And they put it on the car. They come home, they take it off. MS. GIGUERE: Mr. Chairman, if I may. The lettering on the vehicle would not make it a violation. It's the size of the vehicle. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: So if it's a regular pickup truck that just happens to have writing on it, that's not considered a commercial vehicle. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you have a second -- another truck that's smaller? MR. RODRIGUEZ: Yeah. I have my -- every day come about 7 o'clock to my house. I have my trailer and my back cab January 24, 2019 Page 77 behind my trailer. It's supposed to park in the nighttime only or no? It sometimes come in the nighttime. CHAIRMAN KAUFMAN: Have you ever seen the other truck that the gentleman has? MS. GIGUERE: I have not seen that vehicle. MR. RODRIGUEZ: I send the one picture to you. MS. GIGUERE: If it's just the truck, then you're fine. The trailer would be a violation, because that's a commercial trailer. MR. RODRIGUEZ: Okay. MS. GIGUERE: So that's why it says commercial vehicle slash equipment. So that goes for the trailer. CHAIRMAN KAUFMAN: Okay. So you can use that other truck and park it at your house all day long. MS. GIGUERE: Yeah. If you're stopping by with the truck, and the trailer is hooked up to your truck and you're stopping by to have lunch and then leaving, then that's okay. But to park it overnight and whatnot would start the violation. MR. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: Okay. So what we have before us, your suggestion is 59.56 to be paid within 30 days, and then a fine for this violation, and that the amount of days should be a zero. There's a zero tolerance. Somebody from the Board li ke to fill in those numbers? MS. CURLEY: I'll fill them in. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Must pay a civil penalty of $50 for the repeat violation of commercial vehicles on residential property. Must store commercial vehicles/equipment in rear of yard and concealed from view and/or store commercial vehicles/equipment within a completely enclosed structure or remove offending vehicle/equipment from residentially zoned property within zero days January 24, 2019 Page 78 of this hearing, or a fine of $50 per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Okay. Anybody want to second that? MR. DOINO: I'll second it. CHAIRMAN KAUFMAN: And we have a second. Okay. Any discussion on this motion? (No response.) CHAIRMAN KAUFMAN: As I understand it, 59.56 paid within 30 days, a $50 fine, don't do it again, and we're done. Okay. Okay. Anybody have any comments on that? MS. CURLEY: Just can we please make sure we communicate the parameters of this to the gentleman? MS. GIGUERE: Absolutely. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Mr. Chairman, before we conclude, I didn't hear the fine amount and the number of days. CHAIRMAN KAUFMAN: $50. MS. CURLEY: Zero days. CHAIRMAN KAUFMAN: Zero days. MR. BLANCO: Zero days, okay. MS. CURLEY: The notice says that it was reinspected on the 9th and it remains, but he stated that the vehicle's gone now. MS. GIGUERE: Right. The statement of violation will say that it remains so that we can bring it to be heard and to find the finding of facts. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: But I have not seen it since the 8th. CHAIRMAN KAUFMAN: Okay. And if you're having problems with somebody stealing equipment from your truck -- MR. RODRIGUEZ: I'll find another place. January 24, 2019 Page 79 CHAIRMAN KAUFMAN: Okay. Very good. Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Thank you, sir. MR. RODRIGUEZ: Thank you. MR. BLANCO: Next item on the agenda, going in order of the respondents that are present today, No. 16, Item No. 5D16, Case No. CESD20180011522, Favian Rodriguez and Caridad Salceiro. (The speakers were duly sworn and indicated in the affirmative.) MS. DAILYN SALCEIRO: You've got to say it, "I do." MS. CARIDAD SALCEIRO: Yeah. MS. DAILYN SALCEIRO: She does. Mommy, you have to say I do. MS. CARIDAD SALCEIRO: I do. MS. DAILYN SALCEIRO: Sorry, guys. To state my name, I am Dailyn Salceiro, and this is Caridad Salceiro. CHAIRMAN KAUFMAN: Okay. MR. PITURA: Good morning. For the record, Thomas Pitura, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay, Tom. Why don't you read the violation. We'll go from there. MR. PITURA: This is in reference to Case No. January 24, 2019 Page 80 CESD2018001152 dealing with violations to Florida Building Code, Chapter 1, Part 2, Section 105 permits, 105.1, and the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Description of the violation: Expired permit PRBD20150514925 for aluminum framing and roof panel, no permit for open porch addition to the rear of the concrete wall, and voided Permit 2011030226, for a 6-foot vinyl fence with gate. Location is at 13671 Legacy Lane, Naples, Florida, 34114; Folio No. 77390002589. Service was given on October 5th, 2018, by personal service; signed notice of violation. I would now like to present case evidence in the following exhibits: Photos taken on September 14th, 2018, by Code Enforcement Officer Joe Mucha. All photos are available on the county-maintained database. CHAIRMAN KAUFMAN: Before we get to the photos -- ah. Have you seen these photos? MS. DAILYN SALCEIRO: Yeah. He just showed it to us while we were sitting down. CHAIRMAN KAUFMAN: Do you have any objection to these photos being seen by us? MS. DAILYN SALCEIRO: You guys are fine. We're good. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the photos? MR. DOINO: Motion to accept. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. January 24, 2019 Page 81 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Okay. MS. DAILYN SALCEIRO: Okay. So -- CHAIRMAN KAUFMAN: Hold on. Hold on. We're going to let him go first. I know ladies go first, but in this case we'll let him go first, and then we'll come back to you, okay? MR. PITURA: Okay. Case was started on September 13th, 2018, by Code Enforcement Officer Joe Mucha. He observed a rear structure addition with no permit and two other permits, one aluminum porch expired and a 6-foot fence that was voided. Determination was done on October 1st, 2018, which concluded that a permit is required for the addition, and expired and voided permits. On October 5th, 2018, after speaking to the owner, I was able to get personal service, and they understood that a permit's required for the addition, and expired permits. On October 26th, 2018, I was not able to make any other contact with the owner and was instructed to send to the hearing. Currently, as of January 24th, 2019, the aluminum porch permit is expired, fence permit is still voided, and there's no permit for the open porch addition. CHAIRMAN KAUFMAN: Okay. Can you explain a little bit to me what I'm looking at? That fence that's out there on the street, January 24, 2019 Page 82 that's a fence for the development, I guess? MS. DAILYN SALCEIRO: Yes. CHAIRMAN KAUFMAN: Okay. So if you could point out on the picture what's -- MR. PITURA: Could you go to the next picture, please. CHAIRMAN KAUFMAN: Okay. It's in focus. MR. PITURA: That one is the one that's expired, sir. CHAIRMAN KAUFMAN: Okay. This -- MR. LEFEBVRE: The white fence? MR. PITURA: That's a rear aluminum addition. CHAIRMAN KAUFMAN: Can you point to it on the photo so we know -- MS. CURLEY: It's red. CHAIRMAN KAUFMAN: There's an arrow pointing up there, I think, the red arrow. MR. PITURA: Can you go back to the next photo, please. I'm talking about this one right here. This goes from here to here. CHAIRMAN KAUFMAN: Okay. And that's a screened -- MS. DAILYN SALCEIRO: Those are curtains. MR. PITURA: It's an open lanai. CHAIRMAN KAUFMAN: It's an open lanai. Okay. And what was not permitted there? MR. PITURA: That one is expired. CHAIRMAN KAUFMAN: The permit to provide that -- MR. PITURA: Structure is expired. CHAIRMAN KAUFMAN: -- aluminum structure -- MR. PITURA: Is expired. CHAIRMAN KAUFMAN: -- okay, is expired, okay. And that permit was pulled when? Is that 2015? MR. PITURA: Yeah, this expired on the -- CHAIRMAN KAUFMAN: So it expired five (sic) years ago. January 24, 2019 Page 83 Okay. MR. ORTEGO: Was it applied (sic) or pulled? MR. MUCHA: Both. It was never inspected. CHAIRMAN KAUFMAN: Okay. Next. MR. PITURA: Okay. Do you want to go to the next picture, I'm sorry. I'm sorry. Go to the next picture. This one here. There's no permit at all. CHAIRMAN KAUFMAN: Okay. And what am I looking at? That's a lanai? MR. PITURA: That's an open porch. CHAIRMAN KAUFMAN: Open porch. So the structure on top of the porch, like the roof there, is that it? MR. PITURA: The whole thing. CHAIRMAN KAUFMAN: The whole thing, okay. MR. PITURA: Here to, like, that. CHAIRMAN KAUFMAN: Okay. I got it. Okay. And that permit was initially -- MR. PITURA: No permit. CHAIRMAN KAUFMAN: There was never a permit pulled initially, okay. MR. PITURA: The fence right here goes from the rear of the property all across the front with a gate. CHAIRMAN KAUFMAN: That's like a privacy fence? MR. PITURA: Yes, and that one is voided. MR. ORTEGO: Is there a pool/spa involved in this? MR. PITURA: No. MS. CURLEY: Is the white fence on the other side of the -- to the left of the back aluminum structure also part of the non-permitted fence that I see in the picture? MR. PITURA: Are you talking about this one? MS. CURLEY: No. January 24, 2019 Page 84 MR. PITURA: Go to the next photo. MS. CURLEY: Right there. MR. PITURA: No, that's -- this one here is the other neighbor's. MS. CURLEY: Okay. There is a duplex? MS. DAILYN SALCEIRO: Yeah. It's like a house divided in the middle. CHAIRMAN KAUFMAN: Okay. So we've seen the pictures. I understand the permits that were pulled that expired and the permit that wasn't pulled. And your discussion with the respondent? MR. PITURA: Well, they understood when they signed the notice of violation that a permit was going to be required for them. The ones that are void expired, and the one -- the open porch that has no permit at all is required to get a permit, and that was concluded with a determination that was done on October 1st. CHAIRMAN KAUFMAN: Okay. All right. And, Joe, you took these pictures? MR. PITURA: Yes, sir. MS. CURLEY: And do we know if a contractor was used to build the structure? MS. DAILYN SALCEIRO: No contractors were used. CHAIRMAN KAUFMAN: Okay. Did you swear Joe in? Swear him in. He doesn't look trustworthy. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. So do you have anything else to present? MR. PITURA: Not at this time. CHAIRMAN KAUFMAN: Okay. I told you we'd get to you. MS. DAILYN SALCEIRO: Yeah, eventually. CHAIRMAN KAUFMAN: Okay. So you have a permit that was originally pulled. Did you pull the permit, or was this a January 24, 2019 Page 85 property that was purchased where this was done? MS. DAILYN SALCEIRO: So this is my mom's property. It's a Habitat for Humanity house. It was established back in 2007, I believe. So it was, like, a brand new structure. In 2011, to be precise, March 3rd, 2011, we -- the fence on the other side, if you go to the other picture where it shows the fence. Next one. Before. Yeah, perfect. The fence on the side next to the open aluminum porch, that one is between both properties and was in agreement between both neighbors to put up the fence. Both of them were supposed to get the permit. I actually have the paperwork here for it, of the official receipt for Collier County Commission, when we tried -- when we got the permit for it. Now, my stepfather, who he's currently no longer in the picture, so I really couldn't ask him any more questions, he never told my mom that they had to do a followup inspection. So it was voided because there was no followup inspection. That was the reason for that one. Now, for the aluminum lanai, that one -- these screens right here if -- I'm going to walk away from the microphone. CHAIRMAN KAUFMAN: We can give you a portable mike. Danny had it in his pocket. MS. DAILYN SALCEIRO: Thank you. Okay. So these screens right here, these are actually curtains that my mom purchased at Home -- Lowe's? CHAIRMAN KAUFMAN: Someplace. MS. DAILYN SALCEIRO: Home Depot. Those are the ones that have the little railing that you kind of scroll up, scroll down. Costco; actually got it at Costco. So we actually got the permit for this. I actually went with my mom back in 2015. We have the blueprints and everything when we January 24, 2019 Page 86 took it, and it has, like -- turn it off; go back to this one. We actually have the blueprint and the screens and everything that we got the permit for. Now, I went with my mom to get that permit. I don't recall that there was supposed to be a followup inspection that we needed to call. I do see here, because my mom has the receipt, that she paid the $55 for the inspection to happen, but there is no inspection, so that's why it got voided as well, as they were explaining to me. Now, we do take full responsibility. There's a -- the open lanai screen -- sorry, forgot the name again. I'm a little nervous. I apologize. That's why I tend to talk a little fast. The porch that's open in the back, my mom takes full responsibility. She still hasn't gotten the permit. We did go on October of this year -- because if you go to the previous picture, or the one before the original, the white fence, underneath there's a wall made out of the concrete that divided. It's on our property. The white fence is on the neighbor's property. So -- where was I going with this? So when we went on October, my mom went to get the permission or the permit for the wall of concrete that she made that's been next to that white picket fence. CHAIRMAN KAUFMAN: So the white fence -- MS. DAILYN SALCEIRO: Is not ours. CHAIRMAN KAUFMAN: -- is not on your property? MS. DAILYN SALCEIRO: It's not on our property. It's our neighbor's. CHAIRMAN KAUFMAN: Okay. Hang on a second. MS. DAILYN SALCEIRO: We went to try to get the permit for the concrete wall back in October. CHAIRMAN KAUFMAN: Are you aware that -- is that correct that that fence is not on their property? January 24, 2019 Page 87 MR. MUCHA: Yeah, the fence on the other side. CHAIRMAN KAUFMAN: Okay. So that's not part of this case? MR. MUCHA: That's not part of this, no. CHAIRMAN KAUFMAN: Okay. MS. DAILYN SALCEIRO: So to continue, when we went on October, my mom tried to go to Habitat for them to give them the form so we can get it approved. They were taking forever, so my mom decided to go to Collier County. When she went to Collier County, she paid the $50 fee for the permit, and that was on a Tuesday. I went with her on a Thursday because of the barrier, the language barrier. She asked me, hey, can you go with me so we can -- so I can get kind of like an update to see what's going on? When I went with her, there was no -- the officer that was taking the case wasn't there. They were supposed to give a followup call, and they were supposed to email me; that's what the receptionist said. Well, we haven't heard anything until now saying that it was never approved. And we were unaware of that, because if not, we would have followed the procedures correctly. MR. ORTEGA: This was not approved. MS. DAILYN SALCEIRO: That's what they told us today. We were unaware of that until today because they were -- they told my mom and they told me that they were supposed to email me to get back to us to get the status of that case, and I didn't receive a call; neither did my mom. I had no voice mails, and I never received an email. CHAIRMAN KAUFMAN: Well, the first thing that we need to do is to find out whether a violation exists; in other words, was this done without a permit being inspected or whatever it is. Once that's done, if there's no violation, there's no violation. If January 24, 2019 Page 88 there is a violation, we have to figure a way out of this situation. Okay. So with that being said, anybody have any comments on whether or not the violation exists? MS. CURLEY: I just have one question of clarity. On the other picture you spoke about the back roof lanai, but you didn't speak to the -- MS. DAILYN SALCEIRO: That one on the side? MS. CURLEY: -- one on the side, yeah. MS. DAILYN SALCEIRO: Yeah. That's the one that I said my mom takes full responsibility, she hasn't gotten the permit for yet. We're going to be most likely doing that this week. CHAIRMAN KAUFMAN: Okay. Any other questions of the respondent? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: It almost seems like you would have two separate permits -- how many permits do we have again here? MR. PIRES: Three. MR. ORTEGA: There's three. So if you've got one for the roof, the open lanai, you have one for the fence -- MR. MUCHA: There's four. MR. ORTEGO: Say again. MR. MUCHA: There's actually a total of four, because you have this -- this one's going to require a permit, the fence is going to require a permit, this lanai's going to require a permit, and on the other picture there's a wall, concrete block wall that they have applied for a permit, and it's currently rejected. MS. DAILYN SALCEIRO: Which we originally had the permits for, but they expired because we didn't do the inspection, which we were unaware. CHAIRMAN KAUFMAN: Okay. Why don't we see whether January 24, 2019 Page 89 a violation exists and then see how we can dig our way out of this situation, okay. So anybody want to make a motion? MR. DOINO: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion -- MR. ORTEGA: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: -- and a second a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. Now, how do we fix this? I know you have a suggestion for us. Why don't I ask that first, and then we'll go from there. MR. PITURA: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.42 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permit or demolition permit, inspections, and certificate of completion for the fence, rear addition, and the aluminum porch within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; January 24, 2019 Page 90 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 by using a 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. We have -- I'm sure that some of these different permits can be combined into one. MR. MUCHA: We're going to take her -- take them down to Renald, and we'll help sort all this out. And, yeah, whatever the best case is for her, we'll make sure it happens for her. CHAIRMAN KAUFMAN: Okay. So that's that. Now, how much time do we need? And maybe some handholding when it goes through. I guess Renald can help with that as far as they have the receipt for the building permit; no callbacks or whatever. So do you have any idea, or I probably should ask Joe, do you have any idea how long this will probably take? MR. MUCHA: The only thing that she mentioned to us is a lack of funds right now, so that's going to be a problem. CHAIRMAN KAUFMAN: Okay. Let's say the funds are available, about how long will this work take? MR. MUCHA: I know the lanai was approved, so maybe that's just a matter of getting that reapplied for and inspected. The fence, that should be just a matter of just getting that reapplied for. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: The one -- the porch on the side, Herminio, you might be able to speak on that. I don't know if that's legal or not. It doesn't look like that would pass muster to me, but... MR. ORTEGA: I can't tell by looking at the photo. Maybe . January 24, 2019 Page 91 MR. MUCHA: Then that concrete block wall, that permit was rejected, so I don't -- you know, I'd have to dig into that one a little more and see what they need to do to -- MR. ORTEGA: But the wall's already built? MR. MUCHA: Yes, sir. MR. ORTEGO: So they applied for a permit by affidavit back then? CHAIRMAN KAUFMAN: Who built the wall? MS. DAILYN SALCEIRO: My stepfather. CHAIRMAN KAUFMAN: That's the problem. Okay. Because you can't get a permit by affidavit if you're the one tha t did it. Okay. Would you think three months would be an adequate time to unravel a lot of this? MR. MUCHA: We'll try our best. I mean, we'll do whatever we can. CHAIRMAN KAUFMAN: And do you think in three months you can come up with what needs to be paid for at that time? MS. DAILYN SALCEIRO: I think I can do it. I'm the one who's helping her financially since he left, and I'll take responsibility for it. CHAIRMAN KAUFMAN: Okay. So -- MR. LEFEBVRE: I make -- I'll go ahead and -- CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: So 59.42 to be paid within 30 days, 150 days of this hearing, or a fine of $75 a day will be imposed. CHAIRMAN KAUFMAN: Okay. That's 59.32, I think. Is that what you said? MR. LEFEBVRE: Thirty-two or forty-two? MR. BLANCO: Forty-two. CHAIRMAN KAUFMAN: Forty-two, okay. MR. BLANCO: You said 150 days or $75, right? January 24, 2019 Page 92 MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: $75 after that. MR. LEFEBVRE: A day, per day. CHAIRMAN KAUFMAN: Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you're going to get help from Mr. Mucha, and you'll get all this resolved, I'm sure, with no problem. MS. DAILYN SALCEIRO: Thank you. CHAIRMAN KAUFMAN: Thank you. MR. BLANCO: Next item on the agenda, going in the order of the respondents that are present today, Roman Numeral 6, old business, Letter C, motion for imposition of fines/liens, No. 1, Case No. CESD2016...13970, CubeSmart, LP. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Give us a minute to look. MR. LEFEBVRE: This is a case where you had a problem with tenants allowing to upgrade the facades with the doors, roll -up doors January 24, 2019 Page 93 or something? MR. VALENTINE: Correct. MR. LEFEBVRE: So we said go ahead and permit the ones that you fixed and then work on trying to get the tenants to agree -- and I can't remember how many there were -- to agree to allow access. MR. VALENTINE: That's exactly right. THE COURT REPORTER: Can I get your names? MR. VALENTINE: John Valentine, district manager for CubeSmart. MR. PEEPLES: Kevin Peeples, facility manager. CHAIRMAN KAUFMAN: Okay. And you are before us because you are going to request? MR. VALENTINE: We want to request that any fees that were accumulated because of this matter be waived. CHAIRMAN KAUFMAN: The fines. MR. VALENTINE: The fines. CHAIRMAN KAUFMAN: Right. Okay. So you're looking for an abatement of fines. MR. LEFEBVRE: Everything's been completed? MR. VALENTINE: Yes. MR. LEFEBVRE: And CO'ed? MS. CURLEY: Congratulations. MR. LEFEBVRE: Including the units that you had problems getting access or no? MR. VALENTINE: No. Those we're still working on, but the plan is to work through those and eventually complete the work. All the materials are on the site. MR. LEFEBVRE: Okay. Excellent. CHAIRMAN KAUFMAN: Okay. Does the county have any problem with this? January 24, 2019 Page 94 MR. HOAGBOON: For the record, John Hoagboon, Collier County Code Enforcement. No, we don't. CHAIRMAN KAUFMAN: Okay. Would you like to make a motion, Gerald? MR. LEFEBVRE: I'd like to make a motion to deny the county's request of imposing the fines. I'm not sure -- what was the amount of the fines? MR. WHITE: Over here. MR. LEFEBVRE: Oh, sorry. CHAIRMAN KAUFMAN: I'm going to the bottom of the list. We used to have that sheet that had everything. MS. CURLEY: Thirty-one six. MR. LEFEBVRE: Okay. So make a motion to deny county's abatement (sic) of fines. MR. ORTEGA: I'll second it. CHAIRMAN KAUFMAN: We have a motion and a second. MS. CURLEY: And just for a comment, you want to -- but you still want to keep the 59.63 costs for today? MR. LEFEBVRE: No, no. There would be no costs. MS. CURLEY: Okay. MR. LEFEBVRE: The previous operational costs have been paid, but today's operational cost would not need to be paid. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. January 24, 2019 Page 95 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, gentlemen. MR. VALENTINE: Thank you very much. MR. HOAGBOON: Thank you. MR. BLANCO: Next number on the agenda, it's No. 2 from imposition of fines and liens, Case No. CESD20160020044, Teresa Scoppettone. MR. CANDIDO: I have a letter from Teresa allowing me to represent her today. I'm the general contractor for the case. My name is Joe Candido. (The speakers were duly sworn and indicated in the affirmative.) MR. CANDIDO: My name is Joe Candido. I own and operate the general contractor's license -- a company. Been licensed since 1998. I don't do a whole lot of work, just mostly my own stuff. I built my own restaurants and so forth over the years. Never had a complaint. Never had an issue with anything. As a matter of fact, first time in front of any -- been in any hearing other than a traffic infraction. And, quite honestly, very interested, but I'd rather not be here again. I'm lisping a little bit because I lost a tooth just the other day, or a cap. So bear with me. The history on this is Terri, Teresa, is my cousin. She lives on the other coast. The condo is in her name. Her ex-husband started doing work on the condo, and they were replacing cabinets and so forth without a permit. So they got red tagged, and she calls me. They had hired a cabinetmaker and did some, whatever, without any permits. So I went in, and I took it over, and I pulled a permit for the property. Between then and the completion of the project, her and her January 24, 2019 Page 96 husband had problems; very ugly divorce back and forth. I completed the work, but I couldn't get in to have it inspected because he was camping out there even though he didn't own the condo. So I went back and forth, back and forth, back and forth. I got extensions on the permit that I pulled and, finally, she got him out. I had the CO done, but she never told me she got a notice on the code enforcement that even though I extended the permit, no one went to the county to extend the code enforcement violation. The permit was completed as -- you know, after the -- before the extension time, and she called me two days before the November hearing that was on the case. So I was away, so I couldn't come then. So I'm here on her behalf today. Okay. And just -- she's my cousin and all. I'm pro bono. I've been a licensed contractor since 1998 and never had an issue, first hearing. And I'm here to ask for the waiver of the fine, because even though the permit was extended, she didn't do anything with the code enforcement violation. CHAIRMAN KAUFMAN: Okay. County have anything to say? MR. MARCHAND: For the record, William Marchand, Collier County Code Enforcement. The county has no objections. MR. LEFEBVRE: Well, I do. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: The operational costs, have they been paid? MR. CANDIDO: What? MR. LEFEBVRE: The operational costs, if you see up there, there's operational costs of -- MR. CANDIDO: She hasn't paid anything. CHAIRMAN KAUFMAN: Okay. It's generally the rule -- not generally -- it's always the rule that before we would hear any request for anything that that be paid, so -- January 24, 2019 Page 97 MR. CANDIDO: What is the operational cost? CHAIRMAN KAUFMAN: Last number down on there, $59.56. MS. CURLEY: Previously assessed operational cost are $59.42, and that was for the previous hearing which she, obviously, wasn't here for. MR. CANDIDO: Yeah, she notified me two days before. And I can pay the $59 for her today. CHAIRMAN KAUFMAN: Okay. Why don't we cut to the chase. If you will pay -- MR. CANDIDO: Fifty-nine dollars. CHAIRMAN KAUFMAN: Then do you have a problem with -- MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: Okay. So would you like to make a motion? MR. LEFEBVRE: I make a motion that the county -- or the Code Enforcement Board deny the county's abatement -- CHAIRMAN KAUFMAN: Request. MR. LEFEBVRE: -- request of imposing the fines. CHAIRMAN KAUFMAN: Okay. MR. CANDIDO: I'm sorry. What was that? Could you explain that? CHAIRMAN KAUFMAN: I'll get you -- it turns out well for you. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: In other words, he's canceling the county's request to impose those fines. MR. CANDIDO: Thank you. MR. LEFEBVRE: With the understanding that that operational costs would be -- January 24, 2019 Page 98 CHAIRMAN KAUFMAN: Paid today. MR. CANDIDO: Absolutely. CHAIRMAN KAUFMAN: Okay. So any other comments from the Board? MS. CURLEY: I just have a question. You said that she doesn't live here. She lives on the East Coast? MR. CANDIDO: She lives in Boca, yeah. This was -- she inherited the condo from her father when he passed away early last year. MS. CURLEY: So she's not maybe changed the mailing address, so she's not getting any of these notices -- MR. CANDIDO: I don't know. I know they've been posted, and no one was there, okay? She doesn't come over very often. I think her ex-husband got them, quite honestly, because I -- almost seven months to get him out. The work was done. I mean, he hired the people, but I had to go back and pull the permit. But I'm sure he got it but never passed it on. It was an ugly situation. CHAIRMAN KAUFMAN: Those things happen. Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CANDIDO: Thank you. CHAIRMAN KAUFMAN: We'll send an armed guard with January 24, 2019 Page 99 you to make sure you pay that fine today. MS. ELROD: Quick, he's running. MR. BLANCO: That concludes all the respondents present. So we'll go back to our Letter D, hearings, No. 1, Case No. CEPM20170017109, Milan Jovanovic. MR. CONNETTA: Jovanovic. (The speakers were duly sworn and indicated in the affirmative.) MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on January 10th, 2019. Property and courthouse were both posted January 9th, 2019. CHAIRMAN KAUFMAN: Okay. This is an oldie. Goes back to 2017. Okay. Do you want to present your case? MR. CONNETTA: Good morning. For the record, John Connetta, Collier County Code Enforcement. This is in reference to Case CEPM20170017109 dealing with the violations of Collier County Code of Laws and Ordinances, Chapter 22, Article 6, Section 22-231(12)(i), 22-231(12)(p), and Section 22-231(12)(c), floor and ceiling damage, broken windows and roof and soffit damage. Located at 835 104th Avenue North, Naples, Florida, 34108; folio number is 624141200. Service was given on November 8th, 2017. I'd like to present the following evidence: Seven photos taken by me on November 1st, 2017, and one photo dated January 23rd, 2019. CHAIRMAN KAUFMAN: They're coming. The electrons are slow this morning. MR. CONNETTA: Okay. This is the -- I'll go through the story for you. CHAIRMAN KAUFMAN: Let me -- before you begin, the January 24, 2019 Page 100 respondent is not here. We need a motion to accept the photos. MR. LEFEBVRE: Make a motion to accept the photos. MR. DOINO: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CONNETTA: Thank you. This case began after code enforcement officers received a complaint from the tenant that she believes that the house might have fallen into a sinkhole. Apparently, on October 31st, 2017, the tenant woke up to a loud noise and observed water seeping through the floor and called the North Naples Fire Department, who responded to shut down the electricity and the water service to the dwelling unit. On November 1st, 2017, while on site, I observed that the ceiling appeared to have buckled, and this photo right here you can see the ceiling starting to buckle, the flooring began to bow. There are several door flames that don't fit or close properly. There are several broken windows. There's roof and soffit damage. If you go through the series of photos, right here you can see where the door won't close because the floor started to buckle. Soffit damage on the outside. The rear door won't close January 24, 2019 Page 101 because of the door frame. The window and soffit damage. And that's the outside of the house. CHAIRMAN KAUFMAN: Is this over in Naples Park? MR. CONNETTA: Yes. Okay. The tenant immediately vacated the unit. A notice of violation was generated and mailed certified registered mail and regular U.S. mail to the property owner, who lives in Canada. Okay. I have spoken with him on several occasions, and he's hired a contractor, but they couldn't negotiate the price to abate the violation, so that's why the delay, okay. And then recently I spoke to him in December of 2018 where he said he hired another contractor; that he was just going to pull a demo permit and just demo the structure completely. And as of today, there's no permit pulled. CHAIRMAN KAUFMAN: I know demoing the property is not a big deal. Does a violation exist is our first -- MS. ELROD: Make a motion the violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So it wasn't an earthquake; it was a foundation? January 24, 2019 Page 102 MR. CONNETTA: No. And I think it might have been just a settlement, you know, because there's been no further damage. I mean, it's been vacant for this period of time and, I mean, there's no change in the structure. You know, we can't even send a building inspector because we don't have access to the unit. MS. CURLEY: It is a concrete block house. MR. CONNETTA: Yes. CHAIRMAN KAUFMAN: On a slab. MR. CONNETTA: Yeah. CHAIRMAN KAUFMAN: Okay. Well, we need to -- you have a suggestion for us, I'm sure. MR. CONNETTA: Yes. That the Code Enforcement Board order the respondent to pay all operational costs in the amount of $60.19 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion slash occupancy within blank days of this hearing, for the repair of the roof/soffit damage, repair/replace broken windows, and repair the floor and ceilings inside the unit, or a fine of blank dollars per for day will be imposed until the violation has been abated. Second, 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. So we need to get the attention of the owner up in Canada? MR. CONNETTA: Word has it he might have moved back January 24, 2019 Page 103 into the United States. CHAIRMAN KAUFMAN: Are you still able to contact him? MR. CONNETTA: Yes. CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: But I'm tired of playing this game. I've talked to him, explained to him what he needs to do. Yeah, I'm going to hire a contractor. And this was before Christmas. And the contractor called me. And it's a song and dance runaround. So I said, you know what, I'm tired of playing these games. So take it to hearing. MS. CURLEY: I'll make a -- I'll take a stab at filling in the blanks here. CHAIRMAN KAUFMAN: Okay, shoot. MS. CURLEY: So Item No. 1, obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion or occupancy within 10 days of this hearing for the repair of the roof/soffit damage, repair/replace the b roken windows and repair the flooring and ceiling damage on the inside of the unit, or a fine of $100 per day will be imposed until the violation is abated. CHAIRMAN KAUFMAN: Could I make a suggestion? MS. CURLEY: Sure. CHAIRMAN KAUFMAN: I would give him probably a minimum of 30 days. He's in Canada and whatnot. Ten days is -- sometimes we don't get the order signed in 10 days, so... MS. CURLEY: It says -- CHAIRMAN KAUFMAN: That's just a suggestion. MS. CURLEY: Well, you wanted to get his attentio n. CHAIRMAN KAUFMAN: Thirty days with a -- you can increase the fine. MR. ORTEGA: There's nobody living there, right? January 24, 2019 Page 104 CHAIRMAN KAUFMAN: Nobody's living there; that's correct. MS. CURLEY: I'll amend it to 30 if that makes you feel better. MR. LEFEBVRE: How much is the fine? MS. CURLEY: $100. MR. LEFEBVRE: $100. I know that -- CHAIRMAN KAUFMAN: Hold on -- do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a second. MR. LEFEBVRE: Sorry. I know from experience tearing down a house could take more than -- certainly more than 10 days. Thirty days, possibly, but it might be longer than that. And I think the $100 a day might be a little bit low also. But I would agree with $100 -- I mean, sorry, with 30 days, but the $100 seems a little low. CHAIRMAN KAUFMAN: Okay. Are you asking the motion maker to amend or consider -- MR. LEFEBVRE: Well, we have a first and second, so I guess we'll have to see -- CHAIRMAN KAUFMAN: Well, she can amend it. MS. CURLEY: I'm fine with my motion as it stands. CHAIRMAN KAUFMAN: Okay. I think on this particular motion $100 a day should be motivation enough. In the past, he's had no penalty whatsoever, so... MS. CURLEY: And he's also stated that he's working to get a demo permit, so he should probably just have it somewhere. He just needs to maybe pay his contractor and submit it. CHAIRMAN KAUFMAN: It's a telephone call to the people who remove the houses. Gerald is familiar with that. MR. LEFEBVRE: Yes, I am. CHAIRMAN KAUFMAN: Okay. Any other comments on the motion? January 24, 2019 Page 105 (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Okay. One opposed. Okay. MR. CONNETTA: Thank you. CHAIRMAN KAUFMAN: It passes. MR. BLANCO: That concludes all the cases for the Code Enforcement. CHAIRMAN KAUFMAN: What are we going to do for you, Danny? MS. CURLEY: Danny? MR. BLANCO: Wish me luck. CHAIRMAN KAUFMAN: Well, let's adjourn the meeting before we have fun with you. MR. BLANCO: Okay. Before we adjourn, I would just like -- just put on the record the next hearing date will be Thursday, February 28th, 2019. CHAIRMAN KAUFMAN: Okay. Motion to adjourn. We are adjourned. ***** January 24, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :57 a.m. ' •DE FORC ► T BOARD P (/BERT A I F AN, CHAIRMAN These minutes approved by the Board on / oZt 2O J'7 as presented v/ or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 106 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Lefebvre Gerald Code Enforcement Board&Nuisance Abatement Board MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 2800 Horseshoe Drive N. WHICH I SERVE ISA UNIT OF: CITY COUNTY ❑CITY "COUNTY U OTHER LOCALAGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County January 24,2019 MY POSITION IS: ❑ ELECTIVE "APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board, council, commission,authority, or committee.It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal(other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. • i e f i t x Y r i • i • i • t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 88-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),FAC. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Gerald Lefebvre ,hereby disclose that on January 24 20 19 (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, • kinured to the special gain or loss of Robert A. Flick by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: The measure that came before the Nuisance Abatement Board ("Board")was a hearing on the prosecution of a public nuisance complaint against a property owned in trust by Robert A. Flick(Case#CENA20180013023).At the conclusion of the hearing,the Board will vote on its findings of whether Mr. Flick is guilty/not guilty of violating Collier County's public nuisance code,and whether to impose penalties, including, among others: up to a$500 daily fine;taxing of prosecutorial costs; and closure of/restrictions on the subject property. The nature of my conflicting interest in the above described measure is that I have been retained by Mr. Flick as his real estate agent on transactions involving his real property holdings.The Board's vote on this measure will result in a special gain or loss to Mr. Flick in that: 1.)A guilty finding would cause economic harm from the imposition of fines and costs,and/or the losses resulting from closing/restricting the subject property;and 2.)A not guilty finding would result in the economic benefits of avoiding liability from any fines, costs or losses resulting from closing/restricting the subject property. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Date "ed ///9Sig ature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO M•KE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.