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CEB Minutes 02/28/2019February 28, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, February 28, 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 Ron Doino Kathleen Elrod Gerald J. Lefebvre Herminio Ortega Ryan White Sue Curley (absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Saylys Coutin, Code Enforcement Jeff Letourneau, Manager of Investigations 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 March 28, 2019 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Ryan White, Member Sue Curley, Member Herminio Ortega, Member Vacant, 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 IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CENA20180009846 OWNER: Shelly A Pike OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws, 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). I observed debris and litter on the side yards and rear yard for this property. FOLIO NO: 67492480006 PROPERTY 4110 Mindi Ave, Naples, FL ADDRESS: 2. CASE NO: CESD20180003845 OWNER: Adrian Bauer TR and Louise A Bauer Rev Living Trust UTD 12/16/02 OFFICER: Joseph Mucha 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), Observed a lanai/sun room attached to the rear of the mobile home that was built without Collier County building permits. FOLIO NO: 69960480002 PROPERTY 37 Island Lake Lane, Naples, FL ADDRESS: 3. CASE NO: CESD20180009950 OWNER: Jeser A Ochoa and Jose A Rodriguez Saavedra OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(A), Interior doorway in the garage in the process of being enclosed without first obtaining a valid Collier County permit FOLIO NO: 77260720001 PROPERTY 625 Southwest Blvd, Naples, FL ADDRESS: 4. CASE NO: Celu20180014856 OWNER: PROGENY II CORPORATION OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03, Operating a used car business “Exotic Cars of Naples” on a C-3 zoned property, not on a required C-5. FOLIO NO: 00439960009 PROPERTY 11410 Tamiami Trail E, Naples, FL ADDRESS: 5. CASE NO: CEPM20180015463 OWNER: Jose A Pagoada and Rosalina Pagoada OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Sections 22-231(c). Roof in disrepair. FOLIO NO: 35745960001 PROPERTY 2285 46th Ter SW, Naples, FL ADDRESS: 6. CASE NO: CESD20180006559 OWNER: Anthony J Baldoni and Dana S Baldoni OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations/Improvements made on property and no Collier County building permits obtained. FOLIO NO: 51978012988 PROPERTY 14483 Jekyll Island Ct, Naples, FL ADDRESS: 7. CASE NO: CEVR20170019610 OWNER: Panter Colon-Taboada OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal of native vegetation using heavy machinery without first obtaining a Vegetation Removal Permit, and where the total area cleared exceeds the one (1) acre, approximately 58,627 square feet allowed to be cleared by the Building Permit issued for construction of the principle structure. Alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the County. FOLIO NO: 36613600007 PROPERTY 4460 3rd Ave SW, Naples, FL ADDRESS: 8. CASE NO: CESD20180008395 OWNER: Phil Aiello OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted interior remodeling. FOLIO NO: 25305002283 PROPERTY 1392 Churchill Cir Unit 101, Naples, FL ADDRESS: 9. CASE NO: CESD20180010012 OWNER: LONGSHORE LAKE FOUNDATION INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i). Multiple sheds and canopy shades installed on tennis courts and no Collier County Building permits obtained. Permit PRHV20170413388, permit PRBD20131024857, and permit PREL20150721866 are all in expired status and need to be completed and obtain the Certificate of Completion. FOLIO NO: 56100120009 PROPERTY 11399 Phoenix Way, Naples, FL ADDRESS: 10. 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: 11. CASE NO: CESD20180010414 OWNER: Thomas A Gray and Carla Fingar 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). Repairs to the carport /lanai area and the shed including, but not limited to, roofing, walls, and support beams without a Collier County permit. FOLIO NO: 81627800000 PROPERTY 231 Pine Key Ln, Naples, FL ADDRESS: 12. CASE NO: CEPM20180013070 OWNER: Kathleen Valenta ET AL OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section(s) 22-228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(15) and 2017 Florida Building Code, Chapter 4, Section 454.2.17. Mobile home in disrepair with visible damage to include but not limited to: exterior walls, roof and windows. Swimming pool water not being maintained, and pool covering in place has deteriorated. Pool will also need a permanent barrier, temporary fence in place at this time. FOLIO NO: 49582200004 PROPERTY 5 Derhenson Dr, Naples, FL ADDRESS: 13. CASE NO: CEOCC20190002420 OWNER: Yavuz Karagoz OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, Ordinance, 04-41 as amended, Section 1.04.01(A) and Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and Section 126-114(c). Repeat violation of a U-Haul Business operating without first obtaining all Collier County approvals and a Collier County Business Tax Receipt. Also, U-Haul vehicles are being stored on the property. FOLIO NO: 6386440007 PROPERTY 102 New Market Rd E, Immokalee, FL ADDRESS: 14. CASE NO: CEV20190002197 OWNER: Cecilia Gregorio and Charles Boyle OFFICER: Paula Guy VIOLATIONS: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and inoperative vehicles. FOLIO NO: 40421080009 PROPERTY 1940 Desoto Blvd, N Naples, FL ADDRESS: 15. CASE NO: CELU20180014859 OWNER: Linda M Mayor OFFICER: Paula Guy VIOLATIONS: Collier County Land Code 04-41, as amended, Section 1.04.01(A) Section 2.02.03. Storage of School Bus, Tents, Unpermitted Accessory Structures, junk, trash and debris on unimproved vacant parcel zone.d Agricultural FOLIO NO: 304160002 PROPERTY 1276 Dove Tree Street, Naples, FL 34117 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: CESD20170004459 OWNER: Victoria R Parchment OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted interior alterations consisting of additional bedrooms and bathrooms on improved occupied single-family residential property. FOLIO NO: 35643120008 PROPERTY 2257 41st Terrace SW, Naples, FL ADDRESS: 2. CASE NO: CEPM20180007510 OWNER: Anna M Taylor Kovack OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof in need of repairs. FOLIO NO: 55550800006 PROPERTY 20 Lanai Cir, Naples, FL ADDRESS: 3. CASE NO: CESD20160015129 OWNER: Luis Flores Salceiro OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 3.05.01(B), 10.02.06(B)(1)(E), 10.02.06(B)(1)(C), and Collier County Code of Laws and Ordinances, Chapter 22, Article IV, Section 22-108. A) Site work, improvement of property, grading and/or removal of protected vegetation using heavy machinery without a permit which would allow same. B) Alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the County. C) Damaging native vegetation by the use of heavy machinery to remove Exotic and non-native vegetation. D) Work done in the right-of-way, including a temporary driveway access from Everglades Boulevard without first obtaining valid Collier County Permits. FOLIO NO: 41287600004 PROPERTY 2298 Everglades Blvd S, Naples, FL ADDRESS: 4. CASE NO: CEPM20180009676 OWNER: Johhny G Blanco OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(c), 22-231(11), 22-231(12)(n) and the 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Occupied dwelling with roof and soffit damage, exposed electrical wires, missing and damaged screened pool enclosure and no approved swimming pool barrier where access to the pool area can be gained. FOLIO NO: 38281000008 PROPERTY 160 Logan Blvd S, Naples, FL ADDRESS: 5. CASE NO: CESD20170016916 OWNER: Neysis Rodriguez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 0441, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) and 1.04.01(A). Unpermitted structures on the property and expired pool permit number 930007170. FOLIO NO: 37861480007 PROPERTY 1680 Randall Blvd, Naples, FL ADDRESS: 6. CASE NO: CENA20180012534 OWNER: EVERGREEN TRUST OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Weeds over eighteen inches throughout the property, recurring violation. FOLIO NO: 54000160006 PROPERTY 4710 Lakewood Blvd, Naples, FL ADDRESS: 7. CASE NO: CEROW20180004006 OWNER: Luis Patino and Papadorelly LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Section 110-31(a). Dirt fill and culvert placed in the County Right-of-Way without first obtaining the required Collier County Right-of-Way Permit(s). FOLIO NO: 37591520004 PROPERTY 741 18th Ave NW, Naples, FL ADDRESS: 8. CASE NO: CESD20160016422 OWNER: Najeeb Ullah OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 10.02.06(B)(1)(A and 10.02.06(B)(1)(E)(I). Interior remodeling consisting of but not limited to, removing drywall and insulation with plans to replace them with new drywall without first obtaining a valid Collier County Permit. FOLIO NO: 62205720000 PROPERTY 5349 Holland St, Naples, FL ADDRESS: 9. CASE NO: CESD20170001654 OWNER: Helen Braughman OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Three unpermitted structures/mobile homes on the property. FOLIO NO: 1134803606 PROPERTY 15859 Janes Scenic Drive, Copeland, FL ADDRESS: 10. CASE NO: CESD20150014688 OWNER: Araceli Cisneros OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations to existing electrical and plumbing systems, alterations and additions to existing structure and outbuilding constructed and placed in rear yard of property without applicable Collier County Permits. FOLIO NO: 62101280000 PROPERTY 5417 Martin St, Naples, FL ADDRESS: 11. CASE NO: CESD20170005992 OWNER: Nancy Karras OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations consisting of but not limited to, drywall, plumbing, alterations, etc. FOLIO NO: 53700120004 PROPERTY 3615 Boca Ciega DR Unit 103, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS 7.1. Rules and Regulations Review 7.2. Board Chairman and Vice-Chairman Elections VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE 13.1. Friday April 26, 2019 AT 9:00AM XIV.ADJOURN February 28, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: 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 decisions 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. If you'll all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Before we begin, Robert Ashton, a board member, has decided to not participate on the Board any longer. He's moving up to New Jersey, which means he needs to have his head examined. I guess he doesn't realize most people from New Jersey move here. But we wish Bob all the best. He's been a great member of this board. Okay. Would you like to call the role? MS. BUCHILLON: Yes, sir. Good morning. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Lefebvre? MR. LEFEBVRE: Here. MS. BACHILLON: Mr. Ronald Doino? February 28, 2019 Page 3 MR. DOINO: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Herminio Ortega? MR. ORTEGA: Here. MS. BACHILLON: Mr. Ryan White? MR. WHITE: Here. CHAIRMAN KAUFMAN: Okay. All members are voting members. I think we need two more alternates to be assigned to the Board going forward. The minutes, I've read through them. I have no changes. Does anybody on the Board have any changes to the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, someone like to make a motion to approve the minutes? MR. DOINO: Make a motion to approve. MS. ELROD: Second. MR. LEFEBVRE: We have a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We have the agenda to -- any modifications to the agenda? MS. BUCHILLON: Yes, sir. We have four stipulations. The first one is No. 4 from hearings. CELU20180011995, February 28, 2019 Page 4 Larry A. Fieldhouse and Betty J. Fieldhouse. The second one is No. 13, CELU20180010455, Michael J. Tirpak and Patricia A. Tirpak. Third one is No. 9, CESD20180007463, Josefa Grimaldo. And the last one is No. 11, CESD20180007242, Napoli Property Holding. And we also have cases withdrawn. Number 5 from hearings, CEPM20170015094, has been withdrawn. Number 7, CESD20180010282, has been withdrawn. Number 8, CEAU20180007728, has been withdrawn. Motion for impositions, No. 1, CESD20170019893, has been withdrawn. Number 6, CESD20180000943, has been withdrawn. Number 7, CEPM20180006143, has been withdrawn. Number 12, CESD20170007136, has been withdrawn, and those are all the changes. CHAIRMAN KAUFMAN: Okay. We get a motion from the Board to accept the agenda as modified? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion, second. 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? (No response.) February 28, 2019 Page 5 CHAIRMAN KAUFMAN: It carries unanimously. Okay. Where would you like to begin? MS. BUCHILLON: Do you want to do the stipulations or -- CHAIRMAN KAUFMAN: Stipulations first, yes. MS. BUCHILLON: Okay. The motion for continuance first. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Roman Numeral 4, motion for continuance -- continuance, I'm sorry, CESD20170011136, SOMAR 1939, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This is the Bradley Holmes case. MR. HOLMES: Yes. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. You're requesting? Name on the mike, please. MR. RAMOS: Pablo Ramos. CHAIRMAN KAUFMAN: Okay. MR. RAMOS: I'm requesting extra time to complete the building. CHAIRMAN KAUFMAN: Okay. Do we have a letter on file requesting this? MR. LEFEBVRE: This was a house that you purchased in that state -- in that condition with the fire? MR. RAMOS: Well, it was after the fire, so it was -- MR. LEFEBVRE: Right. MR. RAMOS: -- practically completely destroyed. MS. BUCHILLON: Did you want to see the letter? CHAIRMAN KAUFMAN: Put it up, yeah. In the future I February 28, 2019 Page 6 think the letters should be part of the package so we know what we're looking at. Can you make that bigger or give me a pair of binoculars? MR. WHITE: Page 125 it starts, on the bottom corner. CHAIRMAN KAUFMAN: Without spending a bunch of time on this, what's the reason that you wrote for wanting to have a continuance? MR. RAMOS: Oh, because it's just been real busy, and the materials that we have ordered are all cost too many -- has been taking weeks to get directly from the manufacturers. Since the time I wrote this letter, I have passed a few more inspections, and I have the updated list. Bradley has one as well. And, you know, we're pretty much past all the rough inspections. I got pictures of the inside of the house where we're at the drywall stage right now. So we get really close of finishing this and getting my CO, but I just want to see if you guys can allow me more time. CHAIRMAN KAUFMAN: Okay. And how much time are you asking for? MR. RAMOS: My GC thinks about another six months at the most. CHAIRMAN KAUFMAN: Okay. Let's hear from the county? When was this thing originally -- MR. HOLMES: Bradley Holmes, Collier County Code Enforcement. MR. LEFEBVRE: This was a big house, correct? MR. RAMOS: Yes. It's about almost 7,000 total, yeah. MR. HOLMES: Case was heard April 27th, 2018. CHAIRMAN KAUFMAN: So almost a year ago it was heard, 10 months. And it was heard at that time because? MR. HOLMES: This was due -- it came in as a complaint February 28, 2019 Page 7 of an abandoned building with fire damage. CHAIRMAN KAUFMAN: Okay. MR. HOLMES: That's what the complainant was concerned with. This was a previous investigator's case. I steppe d into it much later down the road. CHAIRMAN KAUFMAN: So the house was damaged by a fire? MR. HOLMES: Yes, sir. CHAIRMAN KAUFMAN: And then the house was either sold -- was it sold at that time -- MR. HOLMES: I don't know. CHAIRMAN KAUFMAN: -- or after the fire? Is it the same owners of the building? MR. HOLMES: I do not have that information. MS. ELROD: No, it's not. MR. RAMOS: No. The previous owners that had the house after the fire, they sold it to us. CHAIRMAN KAUFMAN: Okay. And they sold it to you about when? MR. RAMOS: I think it was sometime around 2015 or 2016. CHAIRMAN KAUFMAN: So you've had the house for several years? MR. RAMOS: Yes. But we didn't start the construction until later after the purchase. CHAIRMAN KAUFMAN: You didn't start the construction until after the building was cited by Code Enforcement? MR. RAMOS: No, we started that before it was cited; we started the work. CHAIRMAN KAUFMAN: Okay. And at that time I don't know who -- what officer had it. Was a time frame discussed as February 28, 2019 Page 8 to when this thing would be done? MR. HOLMES: The conversations I've had with Mr. Ramos led me to find out that there was an issue with mailing and contact at the initial stages of the investigation. This led to -- basically, it was a mailing address issue. So contact where we would normally work with an individual was not had. So notice of violation was sent out. They finally tracked him down. This was according to his statements that he made to me this morning. CHAIRMAN KAUFMAN: Okay. Because if this thing was sold -- there was a fire in it. I'm trying to do a timeline. MR. HOLMES: Understood. CHAIRMAN KAUFMAN: It was sold to the respondent around 2015. MR. HOLMES: Yeah. I just got confirmation June 2015. CHAIRMAN KAUFMAN: June 2015. So June of 2019, which is right around the corner, it's about four years. I hate to quote you all the time, but Mr. Lefebvre always likes to say we could build a high-rise on the beach in less time, whether it's a 7,000-square-foot house or not. Discussion from the Board? Questions? MR. ORTEGA: Are you currently under an extension? MR. RAMOS: Yes. MR. ORTEGA: First one. MR. RAMOS: I think it's my second one. MR. ORTEGA: And you need another six months? MR. RAMOS: Yes, please. MR. ORTEGA: You're limited to, what, 90 days? MR. RAMOS: On the permits. MR. ORTEGA: When does your extension expire? MR. RAMOS: I mean, the building permit extension or -- February 28, 2019 Page 9 MR. ORTEGA: Building permit. MR. RAMOS: The building permit, I think, expired on September last year, and I renewed it. MR. ORTEGA: Exactly. So you're under an extension. Extensions are 90 days. When does that expire? MR. RAMOS: I don't have that information with me. MR. ORTEGA: The question was meant for you to think that you need more time with the Building Department as well, not just asking us up here. MR. RAMOS: Yes. And I will definitely file an extension on that permit once I find out when it's going to expire. MR. ORTEGA: Based on where he's at, I would say that his six months are going to be at least minimum, not just because of the funding, but also the availability of people. That's my two cents. CHAIRMAN KAUFMAN: Yes. MR. HOLMES: We're looking at information here. His initial expected compliance date was October 24th, 2018. This is the first time he's requesting an extension of time. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Mr. Ortega, I think you were referring to the extension of the permit, not the extension of the continuances of the Board's orders. So the last extension that was granted on this permit -- it was reactivated on May 22nd, 2018. The permit itself was initially applied for in December 11th, 2015. I apologize; it was reactivated May 22nd, 2018 -- just want to make sure I said that correctly -- of this year, and it currently expires on August 20th February 28, 2019 Page 10 of 2018 (sic), and the last inspection that he had approved was February 21st of this year. MR. LETOURNEAU: That's 2019. MS. PEREZ: Yes, thank you. CHAIRMAN KAUFMAN: Which was 2019? MR. LETOURNEAU: The August 20th, 2019, is the expiration date on the front of the permit. CHAIRMAN KAUFMAN: On the current building permit? MS. PEREZ: Yeah. So it was currently extended because it had an approved inspection on the 21st of this month. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: And as the gentleman stated, he does have nine pending inspections, six out of those nine are all final that are pending to be done. The plumbing, I think he does have a rough on there, and then the final, but all the others are set for final inspections. CHAIRMAN KAUFMAN: Okay. So the neighbor or somebody reported this because it was an abandoned building. It has since been sold back in 2015. They've begun working on it, and we're almost done if you're at the drywall portion. Six months is what you're requesting. Herminio? MR. ORTEGA: I would say yes. MR. LEFEBVRE: I make a motion that we continue it for six months. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? February 28, 2019 Page 11 MS. ELROD: 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. You have six months. MR. RAMOS: Thank you very much. MS. BUCHILLON: Mr. Chairman, we have another stipulation. CHAIRMAN KAUFMAN: Okay. That was a continuance, though. MS. BUCHILLON: Yes. That was a continuance, yes. CHAIRMAN KAUFMAN: We have, 4, 13, 9, and 11 as stipulations, and you have an additional one? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: The other one is under hearings, No. 2, CESD20180006327, Jeffrey Pogan. CHAIRMAN KAUFMAN: Okay. We're up to the next case. MS. BUCHILLON: Okay. This is stipulations. CHAIRMAN KAUFMAN: This is stipulations? MS. BUCHILLON: This is stipulations now, yes. CHAIRMAN KAUFMAN: Okay. Which case are we hearing? MS. BUCHILLON: And the first one is No. 4, CELU20180011995, Larry Fieldhouse and Betty Fieldhouse. February 28, 2019 Page 12 No, no. I'm sorry. I'm looking at the wrong place. CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. FIELDHOUSE: Larry Fieldhouse. MR. PEREZ: Carlos Perez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Do you want to read the stipulation into the record? MS. McGONAGLE: Yes, sir. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Cease all unauthorized outdoor storage and display of building materials and equipment within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violat ion, 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: Can I ask what equipment February 28, 2019 Page 13 materials that are outside this building? MS. McGONAGLE: Granite slabs, some other miscellaneous -- and I don't know if it's all granite. Some of it could be marble, cutting material -- the machines they use for cutting, but it's mostly the granite slabs. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: It's right on Radio Road right by Livingston in the old BJ's Cooling Storage. CHAIRMAN KAUFMAN: Okay. And this -- first observed in September of last year. MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. LEFEBVRE: Are they able to get the proper permits and so forth to operate this business? MS. McGONAGLE: That's why Mr. Perez is here. He's actually the business owner. He can give you more insight on that. He's been working with the county. MR. LEFEBVRE: Okay. MR. PEREZ: Yesterday, just yesterday I had a meeting with Chris Scott. He's the head planner and -- CHAIRMAN KAUFMAN: Could you move the microphone over a little bit. MR. PEREZ: And I also had a meeting with Evy. They were all together there, including the engineer. I have a business card here of the engineer that we're working with. Basically what happened was at first we had a site survey done. We explained to the engineer what needed to be done, because we located some granite slabs where there used to be some parking spots. So then we ran into the issue of, okay, you know, obviously the parking spots are now not able to be used. February 28, 2019 Page 14 So we explained to the engineer that we have basically -- directly across we have a whole bunch of space where we can have up to 12 parking spots. So what he did was created a drawing, basically, of the site plan with showing those 12 parking spots on the other side, submitted that to county. It wasn't good enough because there was not enough space for two-way traffic. There was also some other things that needed to be drawn up on the site plan as far as the granite slabs go. And since then I've been trying to coordinate with the engineer, with Chris Scott, with the people at the county in order to have them all there together so that in just one shot we can know exactly what needs to get done and do it. And yesterday I was able to have that -- to accomplish that. And everything's clear to the engineer now. I told him that we were going to have this case today for 90 extra days, and I'm more than confident that it will get resolved in the next 90 days. MR. LEFEBVRE: Have they explained to you what the process is to get this done? MR. PEREZ: Yeah. Basically all the engineer has to do is draw the correct -- they call it insubstantial changes to the site plan. Once he does that, submit it to county himself. He is also doing a change of use on there as well. Submit that to the county, get that done. And if that's approved, then that should be the end of it. MR. ORTEGA: Did they explain to you what change of use entails? MR. PEREZ: No. If you could explain that to me, that would be cool. MR. ORTEGA: Well, I would probably seek the chief building official on that so he can explain it. You may have to alter the existing building to meet the new conditions for the use. February 28, 2019 Page 15 So it's not just the parking. Parking is only ancillary to what you're going -- you're doing. MR. PEREZ: Right. Does that have to do with zoning? Does that have to do -- MR. ORTEGA: The change of use has to do with both, the Florida Building -- excuse me -- the Building Department and the Land Development Code, the Planning Department. So both. MR. PEREZ: Okay. Because that same day I was quoted in the meeting, I went over to zoning to make sure that it was an industrial area, and it is. MR. ORTEGA: It's a permitted use. MR. PEREZ: Yeah. MR. ORTEGA: Did you attend a pre-app meeting? MR. PEREZ: No. MR. ORTEGA: Okay. MR. LEFEBVRE: What I think we're trying to get at without saying it, but I will say it, it may take more than 90 days. That's what we're trying to get at. MR. PEREZ: Okay. CHAIRMAN KAUFMAN: They're trying to help you not come back here. MR. LEFEBVRE: Right. MR. PEREZ: Right. I understand that. CHAIRMAN KAUFMAN: That's what's going on. MR. LEFEBVRE: At the end of -- to my left, Ryan, Mr. White, is an engineer. MR. PEREZ: Okay. MR. LEFEBVRE: In your professional opinion, how long do you think this process would take? Putting you on the spot. MR. WHITE: I mean, it's at least going to take a month, month and a half to get your site plan approved, and then you're February 28, 2019 Page 16 going to have to build it and get it certified before we can close that site, and then we can close this case. MR. LEFEBVRE: Would six months be sufficient? MR. WHITE: It should be more than enough. MR. LEFEBVRE: What I would suggest is to go back and maybe amend this and then come back in front of us today when this gets amended, because three months, from my experience being on this board, would not be enough. And we wouldn't want to see you have to keep on coming back here. MR. PEREZ: Right. MR. LEFEBVRE: But it sounds like you're dili gent, you're working on it, but it would be best to give you more time. MR. PEREZ: Okay. So to get it amended, I would go do that today and come back today? MS. McGONAGLE: We can do it. I have another case right after this, and we can do it right afte r, and then when we're ready, we'll come up and let them know. CHAIRMAN KAUFMAN: Because right now we'll just deny the stip unless it comes back before us. MS. McGONAGLE: Right. And you recommend six months, 180 days? CHAIRMAN KAUFMAN: That's up to what the respondent thinks he can do to make sure this gets done and he doesn't have to come back. MS. McGONAGLE: Okay. MR. ORTEGA: That also depends on the impact of the change of use as well. How much work do you actually have to do to the building to bring it up to current code? CHAIRMAN KAUFMAN: I understand. Okay. MS. McGONAGLE: We'll amend the stip and then come back. February 28, 2019 Page 17 CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Do we want to just have him amend it right now? CHAIRMAN KAUFMAN: I would suggest they go out in the hall and take care of that time. Right now we have this stip sitting in front of us. Our job is to approve it or not to approve it. MR. LEFEBVRE: Make a motion to deny. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: Well, why don't we give them time before we deny anything until they come back. It's still on the docket for today. Okay. MR. LEFEBVRE: What would be -- the procedural way of doing this would be probably to hold it in abeyance. MR. SCHNEK: You could table it, essentially -- MR. LEFEBVRE: Table it, yes. That's the word I'm looking for. MR. SCHNEK: -- until they prepared the new stipulation and come back. MR. LEFEBVRE: I make a motion to table. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Okay. In favor? MS. ELROD: Do you know what we're doing? MR. PEREZ: Going to amend it now. CHAIRMAN KAUFMAN: You're going to spend some time in the hall; that's what you're doing, okay. All in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. February 28, 2019 Page 18 MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PEREZ: Thank you. MS. BUCHILLON: Okay. Second stipulation, No. 13 from hearings, CELU20180010455, Michael J. Tirpac and Patricia A. Tirpak. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us. MR. TIRPAK: Michael J. Tirpak. MS. TIRPAK: Patricia A. Tirpak. CHAIRMAN KAUFMAN: Okay. And, Michele, would you had like to read the stipulation into the record. MS. McGONAGLE: Yes, sir. Good morning. Investigator Michele McGonagle. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.91 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Removing all unauthorized vehicles from the property until an approved Site Development Plan is obtained for outdoor parking, storage of vehicles, and cease all parking in county right-of-way within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within February 28, 2019 Page 19 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have a question or two. This says outdoor parking. There are cars parked where they shouldn't be parked? MR. MILLER: Correct. CHAIRMAN KAUFMAN: That's simple. MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: And it's going to take them six months to move the cars? MS. McGONAGLE: It's a little more involved than that. The lot actually ended up getting split with zoning. They're trying to do a site plan to allow the parking there. Before they can do that, they have to get a zoning change. CHAIRMAN KAUFMAN: But that's not -- that's not the case before us. The case before us is outdoor parking/storage, not what it's zoned for what the permitted use is. It's the cars that are there in an unimproved place; is that correct? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: And six months to move the cars, that's the stipulation? MS. McGONAGLE: To obtain a site plan to allow them to keep the cars there. CHAIRMAN KAUFMAN: The site plan, is that part of the -- that needs to be done before this is dropped or stipulated February 28, 2019 Page 20 to? MS. McGONAGLE: In order for them to keep the vehicles there, yes. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MR. LEFEBVRE: The respondent. CHAIRMAN KAUFMAN: Go ahead, sir. MR. TIRPAK: Well, I don't know where to start. The original complaint, as I was told from Horseshoe Drive , was parking in the right-of-way. That initiated this other complaint about my storage lot, okay. It's such a long complicated thing. I have two lots under one address. In 1973 a fellow named Dunkolly (phonetic) got one of the lots changed, the zoning, to commercial. He didn't own the land when he did this. It was a -- he pulled the wool over the county's eyes. He owned -- he owned the lot next door to that plus eight lots all the way down, but he wanted to do a zero-lot-line building, and he just figured, I own all these other ones. I'll just throw this one in, and then I'll be able to do my zero lot line, which he did, knowing full well that there was a house on that property, too. And the house actually encroaches on this lot that he had the zoning changed on. Now, I've got documentation that proves all of this, that, you know, the county was duped; I was duped. I didn't know it wasn't commercial. The county -- the appraiser's office shows it as commercial. I've been paying taxes as commercial. And now, come to find out, half of it's commercial, half of it's residential. I didn't know that. And now the Bayshore Triangle boundary line goes right up between and splits my two properties, the two lots under one address. It's made the value of my land zero. I can't build on it. February 28, 2019 Page 21 I can do anything with it. I've had three engineers tell me that if you try to change that zoning to C5 on the residential site today, three people have told me forget it. It will never get by the Board. It will -- because you're going to get -- one person will complain, and they're going to kill it. They've all gone through this before. They know, I believe, what they're talking about. And so what I'm trying to do, hopefully -- and Michele has just told me, you know, there's maybe a way to do this -- is somehow to get the county to retroactively, maybe, zone my other half commercial as it should have been done in 1973. MS. TIRPAK: And as we bought it. MR. TIRPAK: And as we bought it. You know, I thought it was commercial. The search -- what do you call it? The title search didn't go back that far. And I figured the county appraiser has it zoned commercial. Even today it's still shown that way, and it's not. And I'm -- CHAIRMAN KAUFMAN: Actually, I'm trying to make it a little easier as far as this case is concerned. And let me just -- MR. MARTEN: Go ahead. CHAIRMAN KAUFMAN: You have vehicles parked there? MR. TIRPAK: Yeah, and I have leases with these people. I've been using this lot for 15 years. Nobody's ever complained. CHAIRMAN KAUFMAN: Okay. But now a case has been opened up on it. MR. TIRPAK: Yes. CHAIRMAN KAUFMAN: And what my thought is is if the vehicles were moved off that property, would that resolve this case? MS. McGONAGLE: Yes. February 28, 2019 Page 22 CHAIRMAN KAUFMAN: Okay. So that's an option then. MR. TIRPAK: Well, they would have to be moved not only -- well, I don't even have vehicles on the residential side. It's just on the commercial side. MS. TIRPAK: We use it for access. MR. TIRPAK: Yeah, we use it for access to get there, but now they're telling me I can't even use it for access to get there. It's a real -- MS. TIRPAK: Complicated mess. MR. TIRPAK: -- mess. You know, they suggested that I get the neighbor next door to go in on a zoning change with me, or actually all the neighbors. I had kind of a pre-app meeting with the county. They suggested, why don't you get all the neighbors down the street all the way to Shadowlawn to go in for a change with you? Well, I talked to three of them. There's nine of them, and the first three said no, they have no -- they have no interest in doing that. CHAIRMAN KAUFMAN: Zoning changes are very difficult. MR. TIRPAK: Yes. CHAIRMAN KAUFMAN: You need a supermajority from the commissioners. MR. TIRPAK: Right. CHAIRMAN KAUFMAN: A variance probably would be the way to go on this. But I thought maybe there's a possibility to just make this -- this piece go away until you can work the final solution on this situation, is if the vehicles could somehow be moved. If that's not possible, then -- MR. TIRPAK: Here's the thing. I never -- in hindsight, you know, it's all crystal clear. But I never asked permission because the fellow I bought it from was storing vehicles there, too. And I February 28, 2019 Page 23 bought it, figured he's doing it. He was a car dealer. I just started doing it. You know, this was 15 years ago when he bought it. Nobody complained, and nobody complained up -- MS. TIRPAK: It's under one address. It had one address, but there was two lots, and it shows even today as being commercial. CHAIRMAN KAUFMAN: Do I understand that you have two lots; one you can do this, and the other one you can't? MS. TIRPAK: Yes. CHAIRMAN KAUFMAN: And you can't -- MR. TIRPAK: But there are only 40-foot lots. CHAIRMAN KAUFMAN: Okay. I understand. But I'm trying to understand -- so you have two lots, Lot A and B. A you can park the vehicles there; B you can't. MR. TIRPAK: Right. But A, where I can park the vehicles, I guess I never asked permission, never got an SDP. I didn't know I needed one. Took them 13 years to tell me that. I thought I -- I mean, I've had several businesses in there, towing companies; three of them. They all got permits and licenses to operate out of there. Nobody -- CHAIRMAN KAUFMAN: So that was a permitted use at the time? MR. TIRPAK: I don't know. I'm assuming it was. But, obviously, they're telling me now it wasn't, that none of these people ever got permission. I've been there when inspectors were there, and they never said anything. MR. LEFEBVRE: We're not here to hear the case. CHAIRMAN KAUFMAN: I understand. It's a stipulation. And I'm just asking what would solve the question on the stipulation. If the stipulation only says that cars are illegally parked on this parcel and the cars are moved, then the stipulation February 28, 2019 Page 24 is resolved. MR. LEFEBVRE: Correct. CHAIRMAN KAUFMAN: Okay. That was my point. And what the respondent is saying, unless I'm wrong, is there are two parcels there; one where it's permitted and the other one it's not. MS. McGONAGLE: The one is not permitted because it's still unimproved property, and that's the commercial side, and that's the one that -- he was trying to get a Site Improvement Plan on both parcels until he found out that the one is residential. That's why we gave him six months, because he has lease agreements with these people to store their vehicles there. There's some other extenuating circumstances that a couple of them can't be moved; they're motor homes. The people won't be here for a few months, so that's why we allowed the six months for him to either remove them or get the site plan to keep them there. CHAIRMAN KAUFMAN: So the only difference between now and six months from now is if you're able to resolve this situation. MR. TIRPAK: Yeah. I'm going to be working on it. I mean, most definitely. CHAIRMAN KAUFMAN: Okay. Jeff, you have -- MR. LETOURNEAU: No. I think Michele's explained it pretty well. CHAIRMAN KAUFMAN: Okay. Anything else from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion from the Board? MR. ORTEGA: I'll make a motion to approve the six months. February 28, 2019 Page 25 MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MR. TIRPAK: Yeah, thank you. I need it. MS. TIRPAK: Thank you. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. Case 9 is next? Case 9? MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Yes? MS. BUCHILLON: Stipulation, No. 9, CESD2018007463, Josefa Grimaldo. CHAIRMAN KAUFMAN: Let the record show that the respond is not present. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. PLOURD: Good morning. CHAIRMAN KAUFMAN: You want to read the document into the record. MR. PLOURD: Therefore, it is agreed between the parties February 28, 2019 Page 26 that the respondent shall: Pay the operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion or occupancy for the unpermitted carport within 90 days of this hearing, or a fine of $100 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 all -- 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. Oh, Benjamin Plourd. CHAIRMAN KAUFMAN: Okay. So the respondent said that they can either remove it or permit it? MR. PLOURD: Yeah. She's working on getting a permit for it. CHAIRMAN KAUFMAN: Okay. Herminio, just a quickie on a simple construction of a carport like this. Typically do it within 90 days? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to approve. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. February 28, 2019 Page 27 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. PLOURD: Thank you. MS. BUCHILLON: Next stipulation, No. 12 -- I'm sorry, No. 11, CESD201800 -- hold on -- I'm sorry. CESD20180007242, Napoli Property Holding CO, LLC. (The speakers were duly sworn and indicated in the affirmative.) MS. PAUL: Lisa Paul. CHAIRMAN KAUFMAN: Could you say that again. Pull the microphone closer. MS. PAUL: Sorry. Lisa Paul. CHAIRMAN KAUFMAN: Okay. Good morning. MR. HARMON: Good morning. For the record, Chris Harmon, Collier County Code Enforcement. CHAIRMAN KAUFMAN: You want to read that into the record for us, Chris. MR. HARMON: 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 hearings; Two, abate all violations by: Must obtain all required Collier County building permits or demolition permits and request all inspections through certificate of February 28, 2019 Page 28 completion/occupancy for described structure/alteration 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 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. Without getting into great detail, is there a lot of work that needs to be done, or is it not so much that you can be done in 90 days? MS. PAUL: Absolutely, yes. CHAIRMAN KAUFMAN: Okay. Do we have any comments, questions, or motions from the Board? MR. ORTEGA: Is this a condo? MS. PAUL: It's an office space in a commercial building. MR. ORTEGA: The work is complete? MS. PAUL: Yes. MR. ORTEGA: Is it currently permitted? MS. PAUL: It's in process. MR. HARMON: There's a permit application on file. It is currently rejected pending a correction, I believe, fire review, but there is an application on file. MS. PAUL: Yes. MR. ORTEGA: But the work is completed? MS. PAUL: Correct. MR. ORTEGA: Without a permit? February 28, 2019 Page 29 MR. HARMON: Correct. CHAIRMAN KAUFMAN: Hence the case. MR. ORTEGA: I'm leading to somewhere with this. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: So this is going to be inspections by engineer? What's the nature of the work? Or do you have photographs? CHAIRMAN KAUFMAN: We're not hearing the case now. This is just do we approve the -- MR. HARMON: The case mentions new flooring, new doors installed, new paint, and removal of two walls to make the office larger. MR. ORTEGA: Okay. You've answered my question. Thank you. MR. HARMON: Yes, sir. CHAIRMAN KAUFMAN: Okay. Motions from the Board? MR. LEFEBVRE: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? February 28, 2019 Page 30 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PAUL: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next stipulation, No. 2, CESD20180006327, Jeffrey C. Pogan. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, sir. MR. POGAN: Jeffrey Pogan. CHAIRMAN KAUFMAN: Okay. Would you read the stipulation into the record. MR. PLOURD: For the record, Benjamin Plourd, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Pay the operational costs in the amount of $59.35 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, demolition permit, inspections, and certificate of completion/occupancy for the dock within 90 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, 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 February 28, 2019 Page 31 agreement, and all costs of this abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Jeff, a quick question. Are we removing the right to trash any of these improvements as one of the options on stipulations? MR. LETOURNEAU: You have the right to do anything you want on these things, obviously. CHAIRMAN KAUFMAN: No. It was typically written, though, in the stipulations themselves. MR. LEFEBVRE: It says, "or demolish." MR. LETOURNEAU: Yeah, it does say "or demolition permit." CHAIRMAN KAUFMAN: Okay, yeah. Good. MR. LETOURNEAU: I thought you meant you guys trash it. CHAIRMAN KAUFMAN: Yeah. You've heard the stipulation. MR. POGAN: Yeah, I agree. CHAIRMAN KAUFMAN: And you agree? MR. POGAN: Yes. CHAIRMAN KAUFMAN: No problem; you can get it done in 90 days? MR. POGAN: I can, yes. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? MR. ORTEGA: Sure. You applied for a permit? MR. POGAN: No. MR. ORTEGA: You have to go through DEP? MR. POGAN: I'm not. I'm abandoning the project. It's too complicated, too costly, too many people involved. MR. WHITE: So you're going to demo the dock? February 28, 2019 Page 32 MR. POGAN: Yeah. I'm pulling them out, yeah. MR. PLOURD: It's a floating dock. MR. POGAN: Yes. CHAIRMAN KAUFMAN: Okay. Motion from the Board? MR. WHITE: Motion to approve the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. POGAN: Thank you. MS. BUCHILLON: Mr. Chairman, we have another change to the agenda. CHAIRMAN KAUFMAN: I'm sorry. You've used all your changes up for the day. What is your change? MS. BUCHILLON: Under hearings, No. 12, CEPM20180007275, has been withdrawn. CHAIRMAN KAUFMAN: Okay. That was under impositions? MS. BUCHILLON: No, under hearings. CHAIRMAN KAUFMAN: Under hearings, okay. Did Michele McGonagle get lost? MR. LETOURNEAU: No, that was -- oh, she's up next, February 28, 2019 Page 33 isn't she? CHAIRMAN KAUFMAN: Marlene's going to find her. MR. LETOURNEAU: I believe Case 1's up next. MS. ELROD: They're working on the stip. CHAIRMAN KAUFMAN: Excuse me? MR. LEFEBVRE: Case No. 1, Janice Masey. Is that the next one? MS. BUCHILLON: D, under hearings, No. CEAU20180009226, Janice Masey. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MUCHA: Good morning. Could you state your name on the mike for us, please. MS. HICKOCK: Tina Hickock. Janice Masey is my mother, and I have power of attorney over her. Mr. Mucha just told me to bring these because -- CHAIRMAN KAUFMAN: That's fine. MS. HICKOCK: -- her health can't permit her to come up here. CHAIRMAN KAUFMAN: That's fine. Okay. This is our first hearing, so you can present first. MR. MUCHA: Okay. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CEAU20180009226 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(5)(b), described as a chain-link fence with barbed wire for a residentially zoned property at 15985 Janes Scenic Drive, Copeland, 34114; Folio No. 01134080005. Service was given on July 30th, 2018, by certified mail February 28, 2019 Page 34 return receipt. I'd like to present case evidence in the following exhibits: I have two photographs from July 25th, 2018; I have a zoning violation determination from our zoning manager, Ray Bellows, dated July 23rd, 2018; a copy of the original permit for the fence, Permit 960008562; and a copy of Ordinance 91-102, Section 2.6.11.2.3. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these exhibits? MR. MUCHA: Yes, sir. I gave it to her this morning. CHAIRMAN KAUFMAN: Do you have any problem with us viewing those photos and docs? MS. HICKOCK: No, not at all. I just wish that t hey would have got pictures around the entire fence, but I don't have a problem with it, sir. CHAIRMAN KAUFMAN: Okay. So you can -- I get a motion from the Board to approve these. MR. DOINO: Make a motion to approve. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Joe? February 28, 2019 Page 35 MR. MUCHA: I just basically wanted to depict that, yes, there's barbed wire on top of the fence. That's what this picture depicts. And as she said, it's basically around the entire property. CHAIRMAN KAUFMAN: This must be a fence in a coal mine, because I don't see much -- MR. MUCHA: Next picture, please. That's just showing the barbed wire. Just basically -- CHAIRMAN KAUFMAN: Is that the barbed wire on the telephone pole? MS. HICKOCK: No, sir. It's -- that's the post to the gate, the swing gate, and then it's a row of four all the way around the property, just -- this is the, like, real slopy part, but it's up into the -- wherever they go. It's all the way around, like, three or four rows around the whole entire property. That's how my mother purchased that property in 2001, I believe. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Next. Show a copy Ordinance 91.02, please. No, that's the zoning determination, but that just basically was -- okay. CHAIRMAN KAUFMAN: That's saying it's in a residential -- MR. MUCHA: Yeah. It basically that you can't have barbed wire in a residential area. This is the original fence permit. I just want to point out -- because this part of the -- I guess part of the issue here, you know, this fence was permitted in '96. And I've reviewed the permit file, and there's nothing in the permit file that says anything about barbed wire. Now, her contention is -- and I'm not calling her a liar -- that that fence has been that way for 20-plus years. I don't know. I wasn't there in '96. I can't say. But according to our Land Development Code, which I want to show next, 91.02, that -- February 28, 2019 Page 36 scroll down, please. Keep going, please. Scroll down a little more. This is basically going to say this is in a residential area, and this has been since '91 that you can't have barbed wire in residential areas, which this property is a residentially zoned property. So that's basically what it is. I mean, you know, she has her reasons why she wants to keep the barbed wire, but it is a violation in our eyes. And I brought the deputy -- because this complaint did come from the Sheriff's Office, and I wanted her to expand why the complaint was filed. CORPORAL BOLIN: Corporal Susan Bolin (phonetic) for the Collier County Sheriff's Office. I received an anonymous phone call that was left on my desk from a female that complained about the barbed wire around her fence and also the handicapped porch that she put in. So, as my duty, I have to report this to Code Enforcement, so that's what I did. MR. MUCHA: Okay. So I just wanted to get that on the record. So that's basically where we're at. The barbed wire's still there. I mean, she'll get into her reasons why she wants to keep the barbed wire, and so -- I just told her, let her have her day in court. CHAIRMAN KAUFMAN: Okay. What we do, just to give you the process, you present your case. If you have any questions for Code Enforcement, feel free to ask them. After you testify, the Board will determine whether a violation exists or not, and we go from there. Okay? MS. HICKOCK: Yes, sir. CHAIRMAN KAUFMAN: Okay. February 28, 2019 Page 37 MS. HICKOCK: Tina Hickcock. My mother purchased that property, I believe it was 2001. It was previously owned by Harmon Brothers, and it was a rock pit. They had gravel things. They had a trailer on there. That's the reason why my mother purchased that property. Like I said, it was past permitting. It does not state that there's barbed wire on the original permits because I pulled the permits from back then before Mr. Mucha even did. I took them to him. But the feet -- from the top of the barbed wire, the first row, to the bottom, that is the feet -- however many feet it says the chain-link fence is. Okay. I understand -- I'm not stupid -- that it does say that barbed wire can't be around residential property. Okay. It's been up there this long. I'm in a very bad neighborhood. Ms. Bolin knows that. The thing that needs to be heard now -- and I've never doubted that I will probably be made -- or my mother, but I have to do everything for her. She's disabled, and I just had a hip replacement and barely made it up here -- is that I very well may have to take it down, but I wanted to be heard. This is personal. I feel like it's personal. I filed a formal complaint with PRB less than a month before that on Deputy Bolin. Deputy Bolin had been to that property numerous times over several years. She knew that fence was up there; nothing was ever said. She's even commented on the fence before when she brought me toys for a rescue puppy that I had first got that is now there. My dog can jump to the top of the chain-link fence, but what keeps her from going over is that first row of barbed wire. If I'm made to take this down, that's the reasons why. She k nows it's February 28, 2019 Page 38 why; Lieutenant Walker knows it's why. I'm going to need some months first. I have to heal. I can't even work right now. I asked a couple of months ago. I've called Mr. Mucha. We've touched bases several times over the past few months. I would need to get a permit, because I plan on putting a complete privacy fence up around that entire property. We have no money to get it taken down at this time. I'm asking at least for six months. And if it could be granted that I can go get the permits on behalf of my mother, it will get done. But, like I said, Mr. Mucha couldn't verify. I've never tried bucking it. I just wanted it to be heard. It was purchased in 2001. The barbed wire has been up around that property since 1996. And now less than a month after I file a formal report and complaint on that deputy, then there's a code violation all of a sudden. That's what I needed to say. She knows it's true. She's tried confronting me on the street, on her patrol, and I have walked way from her. That's how the cops roll in Everglades City. No disrespect. CHAIRMAN KAUFMAN: Okay. Why don't we determine whether a violation exists. Anybody from the Board want to make a motion? MR. ORTEGA: I'll make a motion that a violation does exist. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. February 28, 2019 Page 39 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. So we know there's a violation. MS. HICKOCK: I never denied that. CHAIRMAN KAUFMAN: And you've admitted that there is a violation. It's not a surprise. Now, what's the remedy? How much time? We'll ask the county what they recommend, and then we'll go from there. MR. MUCHA: Okay. Our recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days and to abate all violations by: One, removing all unauthorized barbed wire from the chain-link fence within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the February 28, 2019 Page 40 Board like to take a stab at filling in the blanks, how much time should the Board grant, and what would be the fine thereafter? Not hearing anything -- MR. ORTEGA: I'll take a crack at it. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: If I can read it. CHAIRMAN KAUFMAN: It's simple. Just how many days do you think, and then the fine per day. MR. ORTEGA: Well, I would say 120 days at $100 a day, and pay all operational costs. MR. LEFEBVRE: Within 30 days? MR. ORTEGA: Within 30 days. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: I think the respondent has said that 120 days is probably not sufficient for health and financial reasons. It's up to the Board. It's up to the motion maker and the second if they'd like to change that or they want to leave that. MR. ORTEGA: I do want to change it, because I think my math is upside-down. I meant four months, not three months. CHAIRMAN KAUFMAN: Okay. I believe the respondent said that she needed six months, but I see what you're going. Okay. And $100 a day? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? February 28, 2019 Page 41 MS. ELROD: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MS. HICKOCK: Can I ask a question? CHAIRMAN KAUFMAN: Sure. MS. HICKOCK: Is that $100 a day after? CHAIRMAN KAUFMAN: Yes. Okay. MS. HICKOCK: Another thing that I need permission on -- I don't know -- about going and getting a permit, a new fencing permit, will I be allowed with the -- because in the beginning Mr. Mucha didn't think -- he said he made calls -- that I would be able to go get the permits on behalf of my mother even though I have a durable power of attorney. That could have been done. I could have been -- had that done. CHAIRMAN KAUFMAN: Well, Joe can meet with you out in the hall, and you can discuss that. MS. HICKOCK: Okay. CHAIRMAN KAUFMAN: I just wanted to say that should you have a problem meeting that four-month date, you can come back -- MS. HICKOCK: I'll be back. CHAIRMAN KAUFMAN: You can come back to the Board and request additional time. MS. HICKOCK: I appreciate it, y'all. Yeah, I can't even go back to work for another six weeks, so... CHAIRMAN KAUFMAN: Okay. Thank you. MS. HICKOCK: Thank you. February 28, 2019 Page 42 CHAIRMAN KAUFMAN: You should be back to Case 4 now. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Under the stips. MR. LEFEBVRE: Sounds right. CHAIRMAN KAUFMAN: Michele, have you worked this out? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Do you want to give us the stipulation now. I think you're still sworn in. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Cease all unauthorized outdoor storage and display of building materials and equipment within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You are familiar with February 28, 2019 Page 43 the -- what you worked out in the hall, gone from 90 days to six months? MR. PEREZ: Yes. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to ask any questions or make a motion? MR. ORTEGA: I'll make a motion to accept the stipulation as stated. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Michele. MS. McGONAGLE: You're welcome. Thank you. MR. PEREZ: Thank you. MR. FIELDHOUSE: Thank you. MS. BUCHILLON: Next one, Roman Numeral 5 under public hearings, D, hearings, No. 3, CESD20180014394, Daniel R. Blake and Sally Sue Blake. CHAIRMAN KAUFMAN: Do you have the hand mike that you can give to the respondent? February 28, 2019 Page 44 MR. DANIEL BLAKE: Can you hear me? CHAIRMAN KAUFMAN: We'll get you a mike. MR. DANIEL BLAKE: He's going to do all the talking. CHAIRMAN KAUFMAN: Listen, we paid for these microphones; we're going to use them. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your names on the microphone. MR. DANIEL BLAKE: Daniel R. Blake. MR. JOHN BLAKE: John Blake. CHAIRMAN KAUFMAN: Okay. MR. JOHN BLAKE: Sally Blake -- both my parents are very elderly. They don't move very well, so I've been doing all this. Dad -- we only have one scooter. There's no way she could come up here, so that's why she's not here. CHAIRMAN KAUFMAN: Okay. No problem. Do you want to start us off? MR. CATHEY: Yes, sir. Good morning. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CESD20180014394 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), occupying the mobile home without first completing all inspections and receiving a certificate of completion or occupancy located at 271 Sugar Loaf Lane, Naples, Florida, 34114; Folio 81626360004. Service was given on November 26th of 2018. I would now like to present case evidence in the following exhibits: One photograph taken by myself from November 20th February 28, 2019 Page 45 of 2018 and an aerial of the property. CHAIRMAN KAUFMAN: Has the respondent seen the photo? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any problem with the photo? MR. JOHN BLAKE: No. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the -- MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CATHEY: This case originated as an anonymous complaint to our department due to a health and safety nature. MR. JOHN BLAKE: I'd like to -- that complaint was in error. It said it had an 8-foot drop. It's only 36 inches. CHAIRMAN KAUFMAN: You'll have your chance. MR. JOHN BLAKE: Okay. CHAIRMAN KAUFMAN: They will present their case, then it will come over to you. You can ask them questions, refute February 28, 2019 Page 46 anything, whatever you want to do. Their turn. MR. CATHEY: On November 20th of 2018, I arrived on site and spoke to one of the owners, Daniel Blake, who stated that he and his wife are living in the mobile home. He did state that they have running water and electricity. I spoke with the owner's son, John Blake, who is handling the permitting process who stated they were waiting on an elevation survey and final inspection. The research showed that Permit PRBD20180320360 was active and in "inspections commence" status. A notice of violation was issued on November 26th of 2018. On December 14th of 2018 I received a call from John advising me that several inspections had been completed. They were just waiting on the flood-vent relief inspection. As of today, the violation remains. The only inspections left are the flood-vent relief and the final. CHAIRMAN KAUFMAN: Okay. And this was cited because it's being occupied? MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. MR. JOHN BLAKE: We actually have three things left. We still have to get the certificate of elevation, because when I did the original certificate of elevation, the people I hired didn't know that the flood vent was actually part of the certificate of elevation. Also, the salesperson I bought the house from up in Lake City was initially confused. The reason the skirting has not been done beforehand, because in his mind in his -- all the time he's been doing this, shirting is done after the final inspection. Now, I guess because of the flood vent -- and we actually had to send him a special notice saying, yes, put the skirting in February 28, 2019 Page 47 place before the final inspection because they need to see the flood vents. When I set up -- on recommendation to do the flood-vent inspection initially, I didn't know the flood vents were in the skirting. I was told to go ahead and do the flood-vent inspection. I did that. That was set up for December 18th, when the guy came in and failed us because we didn't have anything because we didn't know. I've -- my guy has been trying to get me the skirting. Every time he gets something set up, the contractor doesn't want to come down and do it. We're on our fourth attempt to get the skirting set up, and that's what we're waiting on. Supposedly, he's there right now putting the skirting in place. If he's not this time, I will have to drive up to Lake City, pick up the skirting, and try to find a contractor myself. CHAIRMAN KAUFMAN: Okay. So that's the only thing that's left on this? MR. JOHN BLAKE: We need to put the skirting, to get the flood-vent inspection, the certificate of elevation, and then the final inspection. But the process of getting all this done has basically been since about April of getting everything sorted out. CHAIRMAN KAUFMAN: Almost a year. MR. JOHN BLAKE: It's -- well, we lost the house in Irma. CHAIRMAN KAUFMAN: Right. MR. JOHN BLAKE: They were living in a friend's house. She had to move back. And we had to get -- I had to get my parents out of there. Plus, once they came back from one inspection, found him fallen on the floor because he tripped over the place we were staying at, I needed to get him into a safer house. CHAIRMAN KAUFMAN: Okay. Let me ask the county February 28, 2019 Page 48 one question. Is this a safety and health? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: In what respect? MR. CATHEY: They haven't received the certificate of completion or occupancy at this time. CHAIRMAN KAUFMAN: Hold on. Hold on. Jeff? MR. LETOURNEAU: I'm going to say probably not as -- because the only inspection left is the flood vents, and I think everything else is probably in safe order. It's been inspected already. So I'm going to say that it's -- you can give him a reasonable amount of time here and not have to worry about it. CHAIRMAN KAUFMAN: Okay. Do you have any idea how long this is going to take? I know it's been a long time now. MR. JOHN BLAKE: I've been working on the skirting since December. So, like I said, if it's not there now, then I will have to drive up and pick it up and then try to find a guy myself. CHAIRMAN KAUFMAN: Three months? Six months? MR. JOHN BLAKE: I don't know. My -- this has been -- I've been making mistakes left and right. CHAIRMAN KAUFMAN: Well, for us to say we don't know -- we have to put a number down on our order, so that's why I'm asking you specifically if you can -- MR. JOHN BLAKE: I don't know. CHAIRMAN KAUFMAN: -- take a guess. MR. DANIEL BLAKE: Well, let's just say hopefully we could do it within the next 90 days. CHAIRMAN KAUFMAN: Okay. You have something, Gerald? I heard a "harumph." Okay. Any questions or comments from the Board? MR. ORTEGA: I do have a question. Is the skirting part of February 28, 2019 Page 49 the HOA, or is it part of the permit process? MR. CATHEY: I believe it's part of the permit process. MR. JOHN BLAKE: It's part of the certificate of elevation as well. CHAIRMAN KAUFMAN: Okay. And the county, you have a suggestion for us? MR. CATHEY: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days, and abate all violations by: One, must vacate the mobile home until the certificate of completion/occupancy has been issued for Building Permit PRBD20180320360 within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Well, based on what Jeff has said before, the need to vacate the property, I think, may be a little bit over. Any comments or motions from the Board? MR. LETOURNEAU: Did you guys find a violation? I'm sorry. February 28, 2019 Page 50 CHAIRMAN KAUFMAN: I thought we did. Let me, just for the record, anybody make a motion for a violation exists? MR. DOINO: Make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So -- MR. LEFEBVRE: I'll make a motion that -- the operational costs in the amount of 59.49 -- CHAIRMAN KAUFMAN: Forty-nine, yes. MR. LEFEBVRE: -- be paid within 30 days, have 120 days from this hearing, or a fine of $50 a day will be imposed. MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second: 59.49 within 30 days, 120 days to accomplish the work, and $50 thereafter. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. February 28, 2019 Page 51 MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So 120 days. If you get stuck somehow in traffic going to get your skirt, come back before the 120 days to request any changes that you might need. MR. LETOURNEAU: Mr. Chairman, just to clarify; we've scratched off the vacate part? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: All right. MR. DANIEL BLAKE: Thank you. MR. JOHN BLAKE: Thank you very much. CHAIRMAN KAUFMAN: Okay. I think you're a little old to be wearing a skirt, but that's... MR. DANIEL BLAKE: I'm not Scottish. I don't have to. CHAIRMAN KAUFMAN: Okay. I thought I saw a kilt. MS. BUCHILLON: Next case. Roman Numeral 5 under hearings, No. 10, CESD20180014960, Joshua Thompson. MR. THOMPSON: Good morning. We have got to wait for Ryan. MR. LETOURNEAU: He's coming right now. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. He'll be back soon. Could you state your name on the microphone for us, sir. MR. THOMPSON: Joshua Dale Thompson. CHAIRMAN KAUFMAN: Okay. You want to read this into the record. MR. CATHEY: Yes. Good morning. For the record, February 28, 2019 Page 52 Investigator Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CESD20180014960 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 2 -- or, excuse me, 10.02.06(B)(1)(e), renovations/alterations of the mobile home including, but not limited to, electric, plumbing, roof, and exterior work located at 131 Lime Key Lane, Naples, Florida, 34114; Folio 81623360007. Service was given on December 7th, 2018. I would now like to present case evidence in the following exhibits: 11 photographs taken by Contractor Licensing Investigator Joseph Norse from November 1st of 2018 from a database I have access to. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photographs? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any problem with those? MR. THOMPSON: No, sir. CHAIRMAN KAUFMAN: Okay. Make a motion from the Board? MS. ELROD: Motion to accept the photos. CHAIRMAN KAUFMAN: We have a motion. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. February 28, 2019 Page 53 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: This case, again, originated from Contractors Licensing. On November 1st of 2018 Investigator Norse observed the work being done to the mobile home. Investigator Norse then met with Senior Plans Examiner Robert Moore who stated that the extensive alterations would need to be permitted. The case was reviewed by the building official and found in violation and transferred to me on December 5th of 2018. A notice of violation was issued on December 7th of 2018. On January 7th of 2019, I spoke with the owner who stated he was trying to find an engineer to get the permit, but as of today the violation remains. CHAIRMAN KAUFMAN: Okay. MR. THOMPSON: I spoke with Ryan many times. I've been down, met with Renald. Renald says, get an engineer to re-certify the mobile home. I asked Renald, please tell me what that means. He has no clue. I've called 17 engineering firms, and every one of them says the same thing: What do you want to re-engineer? I said, I don't know. I'm doing drywall, insulation, plumbing, Fiberglass shower stalls, and they all tell me the same thing: There's no engineering for that, nothing structural, per se, and that's what Renald's telling me I've got to do is get a structural engineer to do that. And we've done seven mobile home since I was 16. I checked with DMV again on this one; it's under DMV's regulations. And they said the same thing they've said every February 28, 2019 Page 54 time: It's under our regulation. As long as there's an axle under it and it's considered a mobile home, you don't need a permit. So I have no problem pulling a permit. You know, I'm not here to argue, but to find an engineer to do it, they've all said the same thing: They're not doing to. CHAIRMAN KAUFMAN: Is this an engineer for, like, an affidavit, would you guess? MR. ORTEGA: Yeah. CHAIRMAN KAUFMAN: Okay. Are you familiar with the rules? MR. ORTEGA: Manufactured homes and -- excuse me -- mobile homes, no. He is somewhat right with regards to -- it falls under the auspices of DOT, not the Florida building code. MR. THOMPSON: Yes, sir. MR. ORTEGA: Where we get involved is when we go outside of that structure; we attach a structure to it. MR. THOMPSON: Absolutely. MR. ORTEGA: Then the Florida Building Code. However, I believe there is a section of the Florida Building Code that speaks about the mobile home. So, again, I'm not 100 percent familiar with that one. MR. THOMPSON: It says if you're altering any of the interior walls, you're supposed to have permits at th at point. MR. ORTEGA: But I think the -- this is something you need to check with the building department. Robert Moore would be a good source. MR. THOMPSON: Okay, perfect. We're going to try to set up a meeting with all of them at one time so we can all get on the same page, because you call down there and talk to Renald, I said, hey, do I need a permit for siding? No. License comes out, says, yes, you do. February 28, 2019 Page 55 So I called back down there. The other guy says, well, if you call on Wednesday you do but any other day you don't. So they're on a completely different page down there. So I just want to get -- like I told Ryan -- he's been very nice from day one. Ryan came out the day I started the construction. He was at the wrong address. He come over and talked to me. He said, everything's fine. We don't want to bother you. I'm not doing the windows, which has to be permitted. I did do a front door, which should have been permitted, because you're supposed to permit, because it's attached to the p orch. So that was my bad. So I'm under violation there. I've talked to Mike Greenling, Greenling Roofing, very good friends with him. Don't need a permit for the roof on a mobile home as long as we're going back with half-inch sheathing that was there originally, which we did replace 12 sheets. All new tar paper, new shingles, which is not completely finished yet; only half of it, because they stopped us. So the only thing that I can see that I'm in violation for is the doors. And, of course, the porch that's going to be put on, the carport has to be permitted, I know that. Air -conditioning has to be permitted. But for what DMV says it is, contained inside your home, you do not need a permit for it. Anything on the outside that is not physically attached to a home, you have to: Carports, shed, air-conditioning, all that good stuff, which I know we have to do. CHAIRMAN KAUFMAN: Okay. Well, it sounds -- Jeff? MR. LETOURNEAU: Yeah. I can't speak of the confusion at the Building Department at this moment, but we did run this by the building official, John Walsh, and he did say it needed a permit. I know back when I first started in code, 2000 and onwards to about 2010, he's right, they didn't need a permit for February 28, 2019 Page 56 anything done on a mobile home unless it was on the exterior, they're adding onto it; however, Mr. Walsh explained to me that due to new FEMA regulations, it requires them to get a permit. When there's been a certain amount or certain areas or a complete restructuring of the inside, they need to get a building permit at this time. I'm going to try to help you out down the road here and see -- you know, maybe you just go talk to Mr. Walsh directly and see what he needs to get done. MR. THOMPSON: That's our next step. MR. LETOURNEAU: But it does need a permit, according to the building official, at this point. MR. THOMPSON: The new rule reads, for what I've heard it from Renald is if you're doing -- the reason they want a permit for, if it's over 60 percent of the value of the home, then you have to bring it up out of the floodplain. MR. ORTEGA: No. MR. LEFEBVRE: Fifty percent. MR. THOMPSON: Fifty percent, okay. So I understand that. That's fine. MR. ORTEGA: Or if you trigger substantial improvement, which is more than 50 percent of the structure itself. MR. THOMPSON: Yes, sir. CHAIRMAN KAUFMAN: Do you want to pull this case until you find out what specifically needs to be permitted? You said that he knows that the front door needs to be permitted; the air-conditioner needs to be permitted. So in that regard, we could find a violation on those two. I think it would be in everybody's best interest if we could just wrap this whole thing up. MR. THOMPSON: Yes, sir. February 28, 2019 Page 57 MR. LETOURNEAU: That sounds good. The county will withdraw this case at this time. Again, we'll try to set up a meeting to get you to the right people and get this thing facilitated. MR. THOMPSON: Perfect. Because I don't mind the permit. I'm perfectly fine with that. Done a ton of construction work my whole life. So I'm perfectly fine with that, but hiring an engineer for thousands of dollars for drywall, insulation, and plumbing, I think is a little crazy. CHAIRMAN KAUFMAN: Okay. MR. THOMPSON: All right. Thank you very much. CHAIRMAN KAUFMAN: Okay. Time for a break for our court stenographer. We'll be back in 10 minutes. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. We're up to our next case, which is case number? MS. BUCHILLON: Case number, under hearings, No. 14, CESD20180011460, Carlos Valdes and Dulce Valdes. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. VALDES: Dulce Maria Valdes. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: Good morning. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CESD20180011460 dealing a violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06B(1)(a) and 10.02.06(B)(1)(e), February 28, 2019 Page 58 addition of a tiki hut without obtaining a Collier County building permit located at 191 Smallwood Drive, Chokoloskee, Florida, 34138; folio is 26081640007. Service was given on November 6th of 2018. I would now like to present case evidence in the following exhibits: Three photographs taken by myself from September 12th of 2018 and one photograph taken by myself from November 6th, 2018, and an aerial of the property. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Do you have any problem with us viewing those? MS. VALDES: No. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them? MR. DOINO: Motion to accept. MR. WHITE: Motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Pick them. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: This case was opened as a complaint from February 28, 2019 Page 59 the Building Department. On September 12th of 2018 I arrived on site and observed what appeared to be the tiki hut being built over the cafe. No permit was found. I transferred the case over to Contractors Licensing for their review. A notice of violation was then issued -- served on November 6th of 2018. On February 15th of 2019 I met with the owners who said they had contacted a contractor who was assisting them with obtaining the permit. They did need to obtain a new land survey. As of today, no permit has been filed, and the violation remains. CHAIRMAN KAUFMAN: Okay. I saw that your picture is bigger than his picture. Why don't you tell us what you have to say about that. MS. VALDES: Good morning. May I? CHAIRMAN KAUFMAN: Sure. MS. VALDES: And I'm sorry, a picture speaks words. MR. LEFEBVRE: You need a mike. Why don't you give the young lady a -- okay. MS. VALDES: It's right here. CHAIRMAN KAUFMAN: And if you put it down there, none of us can see it. MS. VALDES: So this is what we went through with Hurricane Irma. And I don't know, have anyone been the Chokoloskee Island? You have. So you have an idea where we're at. Population is about 350. So it took a lot to come back from this, and I thought, how can we make it better? Well, we've got to clean it up, and we've got to let people know that, you know, we're proud of being here. So we thought, what's the least expensive way to go about this? A chickee. No permits. No plans. Just a way to revamp February 28, 2019 Page 60 the place. And the national park is there, so we have a lot of tourists. I depend on the tourists. And the tourist likes things pretty. You understand that. You're in Naples. So that's why I went ahead and I did the chickee. And I really did not know that I had to have a permit. This has become a big problem. And I'm here because I want to solve it. I want to take care of it. It's gotten to the point that now I did find a general contractor. He's saying, oh, you're going to need engineer plans. There's no lighting. There's no electricity. There's no cooking. There's nothing going on like that under the chickee except tables and customers being served. I wanted to keep them away from the sun and to just create a nice ambiance. That's where I'm at. CHAIRMAN KAUFMAN: Okay. When you were first notified that a violation exists, when was that? Back in September? MS. VALDES: Yes. CHAIRMAN KAUFMAN: Okay. And they told you that you needed to get a permit for the building that you were putting up? MS. VALDES: That's when I found out I needed a permit for a chickee, yes. CHAIRMAN KAUFMAN: Okay. So what have you done since then? MS. VALDES: Well, the first thing I did was to try to find an Indian, because now I found out that Indians need to be registered in the state, not just -- an Indian cannot just build chickees because they want to. Now they need to be registered. Indians don't want to register. So I couldn't get the Indian to -- February 28, 2019 Page 61 the gentleman that I knew to file for the permit. So then I said, okay. So I guess it's going to take a general contractor. General contractors do not want to drive down to Chokoloskee. Nobody wants to go to Chokoloskee. So finally I found, through a friend of a friend of a friend, Mr. Carlos Sanchez. He's out of Miami and he builds chickees for the Keys. So he's very familiar with what I'm going through. Then he said, the first thing you're going to need -- that survey you have is very old. The first thing you're going to need is a survey. So I went ahead, and I had a survey done, which I just received yesterday from him. And he actually came by yesterday to talk to Ryan, and I think we're on the right process now. CHAIRMAN KAUFMAN: Let me stop you for one second. The reason I asked the question is I just wanted to know that at some point in time last year you found out that you really did need a permit. MS. VALDES: I did. CHAIRMAN KAUFMAN: Okay. And you don't have one? MS. VALDES: No. CHAIRMAN KAUFMAN: Okay. So it's up to the Board to determine whether a violation exists or not at this point in what we're doing. And then we can go on to what you need to do, et cetera, after. Okay? MS. VALDES: Can they take into consideration that it's only a chickee? CHAIRMAN KAUFMAN: I'm sure everybody heard what you had to say. And first things first. Anybody want to make a motion as to whether -- MR. DOINO: Make a motion -- February 28, 2019 Page 62 CHAIRMAN KAUFMAN: -- a violation exists? MR. DOINO: -- a violation exists. CHAIRMAN KAUFMAN: A motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. Okay. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists. Now we're back to what can be done, what has been done, et cetera, and how long it will take to bring it into compliance. MS. VALDES: Okay. CHAIRMAN KAUFMAN: Go ahead. Do you have anything else to say? MS. VALDES: No. CHAIRMAN KAUFMAN: Because then I go to the county and say, do you have a suggestion on what can be done to bring this into compliance? Go ahead. MS. VALDES: Yes. I did find out yesterday that I need a variance. I don't understand that either, but -- and then they mentioned that I might need, like I mentioned, engineer plans. I don't know what to do. CHAIRMAN KAUFMAN: Okay. A variance is when you need an exception to the existing zoning. So I'm not familiar February 28, 2019 Page 63 with what you have going on, but I'm sure that the county would work with you to resolve whatever you want. MS. VALDES: Thank you. CHAIRMAN KAUFMAN: Renald Paul probably would be the person to -- for the respondent to touch base with. Why don't you provide us with your suggestion. MR. CATHEY: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 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/occupancy within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Has the tiki hut been built? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: Okay. There's no electric in it? MR. CATHEY: Not that I'm aware of. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So when you said a variance, do you mean that the tiki hut maybe is encroaching on a neighboring February 28, 2019 Page 64 property? What's the variance? MS. VALDES: I don't know. That's another dilemma. I have a -- MR. LEFEBVRE: Has your builder explained any of that, your contractor? MS. VALDES: It's just that there's two situations. I have a neighbor that has created this whole dilemma, and come to find out, when I picked up my new survey, that the chickee hut doesn't encroach on anyone's property. So this took so long because I didn't have my survey. If I would have had my survey, I probably would have been able to deal with this situation much quicker. So I think that the chickee is just a -- I just did it for covering the sun in a nice way without all the triangular tarps that I had going everywhere and umbrellas breaking and... MR. LEFEBVRE: Okay. MR. WHITE: It may be in the setback. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: Right. MS. VALDES: Chokoloskee's kind of a -- it's a historically little island. And everything falls on everybody's land, and we've just made it -- we've worked it that way. I've had my restaurant for 15 years, and it wasn't a problem until now. CHAIRMAN KAUFMAN: Okay. MR. CATHEY: If I can, briefly. CHAIRMAN KAUFMAN: Sure. MR. CATHEY: I did talk to the contractor yesterday, who was down at the permitting office and spoke with Renald. There's some things that they have to follow up on. He was advised -- Renald advised the contractor to meet with the principal planner to determine if a site plan exists for the February 28, 2019 Page 65 property and had mentioned a possibility of a variance depending on some other factors. So I know the contractor's in the process of talking to some other people there still, so... I don't know if that's going to impact the time frame for the permit and whatnot. MR. WHITE: Is there an existing Site Development Plan or Site Improvement Plan on the site? MR. CATHEY: I'd have to check. I don't know. MS. VALDES: What does that mean? What does a Site Development Plan mean? CHAIRMAN KAUFMAN: General speaking, when you have a Site Development Plan, it's -- you show the property, you show what buildings are going into that property, what's going to be done in those buildings, if you will, a restaurant, a place that sells tires or whatever. It tells everything you want to k now about that particular property. If you need a variance, that comes in different flavors also. You could have an administrative variance, which is more or less just paperwork, but you could have a variance that you need to do certain things to bring you into compliance. So it's a complicated thing. I'm not an expert in it by any stretch of the imagination. The two gentlemen to my left are more of an expert on that than I am, but I suggest that what help you need is from Renald Paul, and he will talk to the people that should be able to describe what's required. That's about all we can say. And we certainly would give you enough time to resolve your situation before you get fined. Okay. MR. LEFEBVRE: I'd like to make a motion of -- I think it's 59.49, if I'm not mistaken -- CHAIRMAN KAUFMAN: That's correct. February 28, 2019 Page 66 MR. LEFEBVRE: -- paid within 30 days, receive the demo permit, certificate of completion/occupancy within 180 days, or a fine of $100 a day. MS. VALDES: One hundred and eighty days? CHAIRMAN KAUFMAN: That's, like, six months. Okay? MS. VALDES: And what do I need to do in 180 days? CHAIRMAN KAUFMAN: Resolve the problem that you have before you. You can -- I'm sure that the people at the county at Horseshoe Drive will be in a position sooner or later to tell you what you need to do. MS. VALDES: But if I need engineer plans, I doubt 180 days is going to be sufficient. It took me 180 days to get a survey. CHAIRMAN KAUFMAN: Can't -- well, this is the order. We're going to vote on it in a minute. If you can't meet the dates here, you can always come back before the Board. MS. VALDES: Okay. CHAIRMAN KAUFMAN: Let us know the progress that's been made, and you can request additional time. MS. VALDES: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. So we have a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. February 28, 2019 Page 67 Good luck. MS. VALDES: I need it. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next on the agenda, Roman Numeral 6, old business, C, motion for imposition of fines, No. 3, CESD20160010035, Hernandez Living Trust. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MS. HERNANDEZ: My name is Gladys Hernandez; Gladys M. Hernandez. CHAIRMAN KAUFMAN: Okay. MS. CARLONE: And I'm Lorraine Carlone (phonetic), her daughter. I'm going to help assist today. MS. PEREZ: Good morning. For the record -- CHAIRMAN KAUFMAN: Good morning, Cristina. MS. PEREZ: -- Cristina Perez, Collier County Code Enforcement supervisor. I'll read the imposition of fines for the record. This is in regards to Case No. CESD20160010035. Violations: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a)(e) and (i). Location: 5955 Copper Leaf Lane, Naples, Florida; Folio 38164840000. Description: Unpermitted buildings constructed on property and did not meet setbacks, two unpermitted large spotlights installed on the property. Past orders: On January 26th, 2018, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced February 28, 2019 Page 68 ordinances and ordered to correct the violation. See the attached order of the Board, OR5477, Page 2437, for more information. The violation has been abated as of January 17th, 2019. Fines and costs to date are as follows: Fines have accrued at the rate of $150 per day for the period from April 26th, 2018, to January 17, 2019, 266 days, for the total fine amount of $39,900. Previously assessed operational costs of $59.42 have been paid. Operational costs for today's hearing is $59.28. Total amount: $39,959.28. CHAIRMAN KAUFMAN: We have different numbers on the sheets. The total amount I have is $40,018.70, and it also said that the previous assessed operational costs of 59.42 have not been paid. So is that an update to this? MS. PEREZ: Yes. This was changed yesterday, late afternoon. CHAIRMAN KAUFMAN: Oh, okay. MS. PEREZ: And the revised form is on the screen. CHAIRMAN KAUFMAN: Well, from here this is easier for me to read. MS. PEREZ: So the difference in the total is the operational costs. CHAIRMAN KAUFMAN: Okay. And you're here to request an abatement or -- MS. CARLONE: Yes, we're asking that the fees please be waived. CHAIRMAN KAUFMAN: Okay. Comments or motions from the Board? MR. ORTEGA: Does a violation still exist? MS. PEREZ: No, the violation's been abated. CHAIRMAN KAUFMAN: No. February 28, 2019 Page 69 MR. ORTEGA: I make a motion to grant the abatement of fines. MR. LEFEBVRE: Deny the request. CHAIRMAN KAUFMAN: Deny the county's request to collect them. MS. ELROD: Second. CHAIRMAN KAUFMAN: I know that's what you said. And we have a second. Any discussion on the motion? (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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MS. CARLONE: Thank you very much. MS. BUCHILLON: Next on the agenda, under imposition of fines, No. 11, CESD20170007444. (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement. This is in regards to CEB Case No. CESD20170007444. Violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). February 28, 2019 Page 70 Location: 310 11th Street Southwest, Naples, Florida; Folio No. 37016400007. Description: Five metal carports with electric and shipping container, pole barn, and a back porch attached to the primary structure, lanai converted into living, an additional attached -- addition attached to the lanai also converted into living space all constructed without first obtaining the authorization of the required permits, inspection, and certificates of occupancy as required by the Collier County building. Past orders: On April 27th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5506, Page 1651, for more information. The violation has been abated as of November 2nd, 2018. Fines have accrued at the rate of $200 per day for t he period from August 25th, 2018, to November 2nd, 2018, 69 days, for a total amount $13,800. Previously assessed operational costs of $59.63 and $59.35 have been paid. Operational costs for today's hearing: $59.56. Total amount: $13,859.56. CHAIRMAN KAUFMAN: And do you have any -- good morning. Could you state your name on the microphone. I don't think I heard it. MS. AMARO: Yeah. Good morning. My name is Isis Amaro. CHAIRMAN KAUFMAN: So you are the respondent? Is this the name I see here, Amaro? MS. AMARO: Correct. CHAIRMAN KAUFMAN: Okay. And you're here to February 28, 2019 Page 71 request? MS. AMARO: The fines, if you guys can please remove the fines. CHAIRMAN KAUFMAN: Okay. MS. AMARO: I closed the permit before -- closed the permit, my last permit, because I had a couple. So my last was closed on November 2nd before our -- previous to December 21st. That was the deadline that I had on my continuation. So, again, I've been working very hard to get those permits closed. I was take a little bit time to get a survey done, plus when vegetation -- I got inspection for vegetation, you know, that I have to pass. The inspection was rejected since I had, like, approximately 42 Australian pines that I have to remove plus -- Australian pines plus -- no, no green pepper. MS. PEREZ: Brazilian. MS. AMARO: Brazilian peppers that I have to remove. So, again, it take me a little time to get those, but I was available to close before the deadline that was on December 31st. CHAIRMAN KAUFMAN: Okay. Do we have any comments, motions from the Board? MR. DOINO: Make a motion to deny the county. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to deny the county's motion to collect the fines. THE COURT REPORTER: I didn't hear a second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. DOINO: Aye. February 28, 2019 Page 72 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. AMARO: Thank you very much. Everything has been removed? CHAIRMAN KAUFMAN: Yes. MS. AMARO: Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. AMARO: Thank you. And I'm so happy to close this case. MS. BUCHILLON: Next one on imposition of fines, No. 13, CESD20170001107, Magaly Gonzalez. CHAIRMAN KAUFMAN: This is Gonzalez and Garcia? MR. ORTEGA: No. MS. BUCHILLON: It's the last one. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MS. GONZALEZ: Magaly Gonzalez. MS. DIAZ: I'm Darian, her daughter. THE COURT REPORTER: Your last name? MS. DIAZ: Diaz. CHAIRMAN KAUFMAN: Okay. Chris, do you want to read this into the record? MR. AMBACH: Yes, sir. February 28, 2019 Page 73 For the record, Chris Ambach, Collier County Code Enforcement. This is in reference to CEB Case No. CESD20170001107. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location: 3541 24th Ave Northeast, Naples; Florida; Folio 40358240006. Description: Interior alterations to the main structure to include two apartments with kitchens, bathrooms, bedrooms with electric without obtaining Collier County building permits. Also A/C units have been relocated without obtaining Collier County building permits. Past orders: On May 24th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5519, Page 3615, for more information. The violation has been abated as of February 28th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from September 22nd, 2018, to January 22nd, 2019, 123 days, for a total fine amount of $30,750. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing: $59.42. Total amount: $30,809.42. CHAIRMAN KAUFMAN: Okay. And you are here to request an abatement? MS. DIAZ: Yes. I'm going to translate for her, actually. Yes, she is. She would like the fees to be waived. CHAIRMAN KAUFMAN: Okay. Do we have any February 28, 2019 Page 74 comments, motions from the Board? (No response.) CHAIRMAN KAUFMAN: I make a motion that we deny the county's ability to collect the fines. MR. DOINO: Second. CHAIRMAN KAUFMAN: I have a motion and a second. Any comments? (No response.) CHAIRMAN KAUFMAN: 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. DIAZ: Thank you. MS. GONZALEZ: Thank you. MR. AMBACH: Thank you. MS. BUCHILLON: Okay. Next on the agenda, Roman Numeral 5 under hearings, No. 6, CEPM20180012992, Elaine M. Kostka. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Have we heard every case of somebody present, Helen? MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Okay. There's a gentleman here in the blue hat. February 28, 2019 Page 75 MR. DOINO: We have three guys. CHAIRMAN KAUFMAN: There's three out there. MR. BONITA: KGB Properties. MS. BUCHILLON: Oh, I didn't know they were here. CHAIRMAN KAUFMAN: Why don't we hear those cases first. MS. BUCHILLON: I'm sorry. I didn't know they were here. CHAIRMAN KAUFMAN: They probably have vanishing cream on or something. We can't see them. MS. BUCHILLON: All right. Next on the agenda under imposition of fines, No. 5, CESD20170010243, Jean Jorhel Decembre and Yoland Jean Domond. We actually have a revised executive summary. I'll post it up. CHAIRMAN KAUFMAN: Okay. Cristine? MS. PEREZ: Good morning, again. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. DECEMBRE: Jean Jorhel Decembre. MS. PEREZ: Good morning. This is in regards to CEB Case No. CESD20170010243. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Location is 2557 17th Ave Southwest, Naples, Florida; Folio No. 35771000003. Description: Observed an unsecured swimming pool missing an approved pool barrier in the rear yard of improved February 28, 2019 Page 76 occupied residential property. Past orders: On April 27, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5506, Page 1641, for more information. The violation has been abated as of February 5th, 2019. The fines have accrued at the rate of $250 per day for the period from June 27, 2018, to February 5th, 2019, 224 days, for a total fine amount of $56,000. Previously assessed operational costs of $59.42 have been paid. Today's operational costs for today's hearing is $59.35. Total amount: $56,059.35. CHAIRMAN KAUFMAN: Okay. I have one concern on this, and that is on the bottom of the sheet where it says the gravity of the violation, "no threat to health and safety." That's wrong. MS. PEREZ: Yeah, the initial violation was health and safety. CHAIRMAN KAUFMAN: Okay. So is this after it's been abated? MS. PEREZ: Right. Now the pool -- it has a fence that was permitted and installed around it, so that is the result. As of now, there is no threat to health and safety. CHAIRMAN KAUFMAN: Okay. Well, I figured if it's in compliance, it would be no -- MR. LEFEBVRE: Right, that's what I thought. CHAIRMAN KAUFMAN: Yeah. So when I see it at the bottom of the order, I'm thinking that's from the original order, so it's kind of misleading. February 28, 2019 Page 77 MR. LETOURNEAU: You are correct. That should have read a high threat because it was a high threat at one point. MS. PEREZ: The initial violation. MR. LETOURNEAU: That's a mistake. CHAIRMAN KAUFMAN: Okay. Sir, you are here to ask for a reduction or -- MR. DECEMBRE: Yes, to waive. CHAIRMAN KAUFMAN: Is there any reason it took so long to do this? MR. DECEMBRE: It was the contractor. I hire a contractor to do it for me, and he take forever. I have to keep calling, calling, calling, calling. Finally tell him, you know what, I have to take you to court because my money -- you got my money, and you don't want to do the job. And Maria, she do amazing job; she helping me. One day she call him. She said, that's a code enforcement. You have to do it. That's exactly the reason he do it, because Maria was talking to him. CHAIRMAN KAUFMAN: Okay. MR. DECEMBRE: First of all -- because he use me, because he know I'm not going to be nasty. He know, because I'm a minister, I can't just say the F word, you know. He know that, and he using me. Anytime I call him, sometimes he pick up the phone. Sometimes he's not. When he pick up the phone, I say, when you coming? Okay. I'm coming. I say, you know what, I say, I think you're right, because you know my mouth have to give the clear water, not the dirty water. That's why you use me. And he say, okay, I'm coming, I'm coming. Give me time. February 28, 2019 Page 78 That's why. CHAIRMAN KAUFMAN: Okay. Any motion from the Board on this? (No response.) CHAIRMAN KAUFMAN: Come on, Gerald? MR. LEFEBVRE: Unlike the other ones, when pool enclosures don't have barriers, no matter what the circumstance is, it's very, very serious. I'm not sure if you put up a temporary barrier here or not. MS. PEREZ: He did. MR. LEFEBVRE: But I just don't see abating the complete fine. MS. PEREZ: The temporary barrier was installed on time. It was part of your order that you requested, so he did install that. MR. LEFEBVRE: Okay. MR. DECEMBRE: That same day. MS. PEREZ: And just to add to what Mr. Decembre said, when the case was initially going to be scheduled for imposition-of-fines hearing, we did contact the contractor who, I believe, wasn't -- he was from the other coast, and they did submit for a permit. And, initially, he just submitted for a fence, and it took us calling him again to, you know, make him modify that permit to be a protective barrier, because we knew it wasn't going to pass the inspection if they didn't, you know, specify in there that it was for a pool barrier. So that was done, and then it was taken care of. MR. LEFEBVRE: All right. It looks like she saved you again. CHAIRMAN KAUFMAN: She gets two gold stars for today. February 28, 2019 Page 79 MR. LEFEBVRE: I'll make a motion to deny the county's request. MS. ELROD: Second. MR. ORTEGA: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Enjoy your time in the pool. MR. DECEMBRE: Oh, I thank you. The fees waive? CHAIRMAN KAUFMAN: Waived. MR. DECEMBRE: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next case under imposition of fines, No. 2, CESD20160015133, Esmerido Castro. (The speakers were duly sworn and indicated in the affirmative.) MS. PEREZ: This is in regards to Case No. CESD20160015133. And before I continue, I know that the respondent wanted to discuss a possible option of requesting additional time, so I don't know if you would like me to read this into the record or give him that opportunity first. February 28, 2019 Page 80 CHAIRMAN KAUFMAN: Why don't we give him the opportunity to request for additional time, which is generally, by the way, done before you get here. MS. PEREZ: Yes. He just returned back to the country in the last week, so he wasn't able to meet his deadline. CHAIRMAN KAUFMAN: Okay. MR. CASTRO: Esmerido Castro. CHAIRMAN KAUFMAN: Can you give us your name on the microphone, please. MR. CASTRO: Esmerido Castro. CHAIRMAN KAUFMAN: Okay. And you are requesting? MR. CASALANGUIDA: Yeah. I stay for a long time outside the country. I lost my mom. I lost my dad. I leave all the jobs supposed to do in the house, my brother. He take care for everything for -- I don't know what happened with him. When I returned to here, I check it out, all the paper that he have. I say, what -- you not do everything what you need do, all the permit, all the everything? He said, well, I had the job. I no have more time to do. Right now I take care of all -- my mound (sic) and take it to that country (sic) and make everything what he need to do. The last job I supposed to do is the elevation for the lanai and some office, the floor, for the street to the house. So everything is in the country (sic). I put everything yesterday, so check it out. Everything say, okay, now you need to -- waiting for permit for make elevations to the floor. They say the last job I supposed to do. CHAIRMAN KAUFMAN: Okay. When did you come back to this country? MR. CASTRO: I returned Saturday; last Saturday. CHAIRMAN KAUFMAN: Okay. This case goes back to February 28, 2019 Page 81 2017, if I'm not mistaken; is that correct? MR. CASTRO: Sixteen. CHAIRMAN KAUFMAN: Sixteen. MR. CASTRO: Every job to do he needed a different permit. So the window, he put it; the door, he put it. Everything is different; the wall, insulation. Now the last one is the elevation for the floor, for he convert the lanai and the living room, so he need to put it level to the house. CHAIRMAN KAUFMAN: So you're asking for additional time -- MR. CASTRO: Yeah, for finish -- CHAIRMAN KAUFMAN: -- to respond to this because, to be quite frank, if the violation has not been abated and this is before us, we general impose the fine. So the only thing that you can really get, other than the fine imposed, is an extension. MR. CASTRO: Yeah. CHAIRMAN KAUFMAN: A continuance, excuse me. How much time do you think you would need? MR. CASTRO: So maybe two months for finish -- I waiting for the proof, the new proof for the floor and the county. I don't know how long he take. He say the next week he contact with me, for give me the permit for put it there, elevation for the floor. I don't know how long he take for that. Then I need to wait for inspection, you know what's the process. MS. PEREZ: Board members, if I may give you some history on the building permit. The building permit application was submitted by his brother, who he had initially given authorization on his behalf when he was out of the country. So when we came to hearing, it was his brother who was here. The initial permit application was submitted on March 29th of 2018, and there was a rejection made on that application. February 28, 2019 Page 82 The last re-submittal that they had made prior to one that was made yesterday was back in October 22nd of 2018. So when Mr. Castro says there was different things about the door and the windows, there was rejections in the initial correction letter that specified things about the doors and the windows, et cetera. The permit was then rejected again in November -- November 2nd, 2018, and when he came back to the country, that he realized what was going on, he came into the county on Monday. And the last issue on this correction letter was in regards to the elevation of this room that was added to -- behind the garage. That was not on the initial rejection letter, so it wasn't something that was initially addressed. It was after they made those corrections that, you know, they saw there was an issue also with the elevation. So there is a correction that was resubmitted yesterday. It's in the system as of today, and the revie ws are pending to be completed by March 7th 2019. If that is abated -- or that is approved and there's no other issues, then he should be able to get the permit issued and called in for any inspections that may be remaining on a portion of this addition that was built without permits. We did confirm that it's not being utilized, you know, if that adds to your decision. CHAIRMAN KAUFMAN: Okay. So from the Board it's a question of do you want to grant a continuance for 60 days or longer. What say the Board? MR. ORTEGA: I'm a little bit fuzzy as to the scope. When you speak about elevations, you're raising the floor up? MS. PEREZ: The county's rejection was to know what the elevation is of the floor, to know if it's 18 inches above the crown February 28, 2019 Page 83 of the road, because he's enclosing it as, like, an office. MR. ORTEGA: Detached or attached? MS. PEREZ: It's attached behind the garage. MR. LEFEBVRE: The description doesn't say anything about an addition. MS. PEREZ: It says -- MR. LEFEBVRE: Added to existing attached garage. MS. PEREZ: Right. MR. LEFEBVRE: That's the addition. MS. PEREZ: Yes, it was the walls and stuff that were added behind the garage portion. MR. ORTEGA: So no work has been done, is what you're saying? MS. PEREZ: No, the work's been done. It's just currently not being utilized, the space in question. MR. ORTEGA: Is this a permit by affidavit? MS. PEREZ: It was created by them, so I don't believe that they were -- there's nothing on the permit that says it's permit by affidavit. So I believe all the inspections will have to be completed. CHAIRMAN KAUFMAN: It comes down to -- I don't know if I can see the total dollar on that; that's the same as I have on my sheet. $117,400 for that extension if this is imposed which -- I'm a big boy. I know what -- that's not going to fly. So we want to make sure that the work gets done. I would more favor granting an extension -- or a continuance, excuse me, so that we can make sure this is all done. MR. LEFEBVRE: I make a motion to continue for 90 days. CHAIRMAN KAUFMAN: I second it. Okay. You asked for 60. We're giving you 90 days. MR. CASTRO: Thank you so much. February 28, 2019 Page 84 CHAIRMAN KAUFMAN: And it needs to be done. I can't stress that enough. MR. CASTRO: I have the material in there, but I buy -- when they come on Monday, I'm going to buy -- and now on the way to take the permit, he say, no, you no have permit for do the elevation to the floors. You need the proof, the elevation in the county, then we give the permit, then you can -- to start to the work. That's what they said on Monday. I say, okay. Anyway, I have the material in there to do it, whatever I need to do. CHAIRMAN KAUFMAN: Let me get the vote here. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CASTRO: Thank you. CHAIRMAN KAUFMAN: Don't go out of the country for four years. MR. CASTRO: Okay, sir. MR. LETOURNEAU: I just want to make sure that he understands the fines are continuing to run at this point. CHAIRMAN KAUFMAN: That's right. The 117,000 is there, and from now until you come back -- MR. CASTRO: To finish. CHAIRMAN KAUFMAN: -- they get added. So make sure it gets finished, and then at that time, if it's been abated, you February 28, 2019 Page 85 can request that the fines be modified, changed, or whatever. MR. CASTRO: Well, only waiting for a permit. CHAIRMAN KAUFMAN: Okay. MR. CASTRO: Because I waiting. MS. PEREZ: I'll further explain to him. Make sure it's -- CHAIRMAN KAUFMAN: Okay. MR. CASTRO: Thank you, sir. MS. BUCHILLON: Next on the agenda, under imposition of fines, No. 9, CEVR20170004251, KGB Properties, LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. BONITA: Kevin Bonita. CHAIRMAN KAUFMAN: Okay. Okay. Joe, you're up. MR. MUCHA: All right. This is -- for the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 3.05.08(C), 1.04.01(A), 2.02.03, and Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54-185(d), and Section 54-179. Violation location is 5325 Georgia Avenue, Naples; Folio No. 62093400008. Description of the violation is presence of prohibited exotic vegetation including, but not limited to, Brazilian pepper, java plum, air potato, carrot wood, earleaf acacia, and Australian pine on an unimproved property not zoned Estates or agricultural located within a 200-foot radius of an abutting improved property. Also observed the illegal outside storage consisting of, but February 28, 2019 Page 86 not limited to, man-made vegetative debris, televisions, cardboard boxes, chairs, jet ski, tires, bottles, and other debris/trash. Past orders: On June 22nd, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law order; the respondent was found in violation of the references ordinances and ordered to correct the violation. See the attached order of the Board, Book 5410, Page 3385, for more information. Violation has been abated as of January 28th, 2019. Fines and costs to date are as follows: Fines have accrued as a rate of $50 per day for the period from June 23rd, 2018, to January 28, 2019, 219 days, for a total fine amount of $10,950. Previously assessed operational costs of $65.36 have been paid. Operational costs for today's hearing is $59.56, for a total fine amount of $11,009.56. CHAIRMAN KAUFMAN: Okay. Sir, you are here to request? MR. BONITA: Yeah, to request the removal of the fines. CHAIRMAN KAUFMAN: Okay. Any questions of the respondent from the Board? (No response.) CHAIRMAN KAUFMAN: Any comments on the case? (No response.) CHAIRMAN KAUFMAN: Anybody like to make a motion? (No response.) CHAIRMAN KAUFMAN: Okay. It seems that you took care of all of the stuff that was on the list here. MR. BONITA: Yes, sir. CHAIRMAN KAUFMAN: Okay. I make a motion that we February 28, 2019 Page 87 deny the county's motion to accept the fine. MS. ELROD: I second. CHAIRMAN KAUFMAN: And we have a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. BONITA: Thank you. MR. MUCHA: I think there's a -- MS. BUCHILLON: We have a second case, No. 10, CEVR20170001173. CHAIRMAN KAUFMAN: This is because there's two property parcels. MR. MUCHA: Right next to each other. CHAIRMAN KAUFMAN: You need to read it into the record anyhow. MR. MUCHA: Even though it's the same testimony? I'm just teasing you. CHAIRMAN KAUFMAN: I know it's the same -- MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. CHAIRMAN KAUFMAN: You've got to get sworn in again. (The speakers were duly sworn and indicated in the February 28, 2019 Page 88 affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41 as amended, Section 3.05.08(C), 1.04.01(A), 2.02.03, and the Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54-185(D), and Section 54-179. Violation location is 5327 Georgia Avenue, Naples; Folio 62093440000. Description of violation is presence of prohibited exotic vegetation including, but not limited to, Brazilian pepper, java plum, air potato, carrot wood, earleaf acacia, and Australian pine on an unimproved property not zoned Estates or agricultural located within a 200-foot radius of an abutting improved property. Also observed the illegal outside storage consisting of, but not limited to, manmade vegetative debris, televisions, cardboard boxes, chairs, jet ski, tires, bottles, other debris/trash. Past orders: On June 22nd, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, Book 5410, Page 3381, for more information. Violation has been abated as of January 28th, 2019. Fines and costs to date are as follows: Item B, fines have accrued at a rate of $50 per day for the period from June 23rd, 2018, to January 28th, 2019, 219 days, for a total fine amount of $10,950. Item C, fines have accrued at a rate of $100 per day for the period from August 22nd, 2017, to January 28th, 2019, 524 days, February 28, 2019 Page 89 for a total amount of 52,400. Previously assessed operational costs of $65.36 have been paid. Operational costs for today's hearing 59.42, for a total fine amount of $63,409.42. CHAIRMAN KAUFMAN: Okay. I make the same motion that I made before, deny the county's ability to collect the fine. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: And it's seconded. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. BONITA: Thank you. MS. BUCHILLON: Next on the agenda, under public hearings No. 6, CEPM20180012992, Elaine M. Kostka. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Let the record show the respondent is not present. MR. CATHEY: Good morning. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CEPM20180012992 dealing February 28, 2019 Page 90 with a violation of the Collier County Code of Laws and Ordinances Chapter 22, Article VI, Sections 22-228.1 and 22-231-12(C). Damages to the mobile home including, but not limited to, the roof, framework, and siding located at 211 Ocean Reef Lane, Naples, Florida, 34114; folio is 81624520008. Service was given on October 22nd, 2018. I would now like to present case evidence in the following exhibits: One photograph taken by myself from October 17 of 2018 and an aerial of the property. CHAIRMAN KAUFMAN: Okay. Get a motion to accept the photo. MR. DOINO: Motion to accept. MR. WHITE: Motion to accept the photo. CHAIRMAN KAUFMAN: Second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. CATHEY: On October 17 of 2018, I was conducting a routine patrol and observed the damages to the mobile home. Research showed that this home was previously inspected by the Building Department and found to be substantially damaged from Hurricane Irma. A notice a violation was posted, as the home appeared vacant. February 28, 2019 Page 91 I have spoken to the property owner and daughter previously, who stated they were no longer living at the mobile home and that it was supposed to be in foreclosure. Through research, I found no documents filed with the Clerk of Courts to suggest foreclosure at this time. No lis pendens or anything. And as of today, the violation remains. CHAIRMAN KAUFMAN: Have -- do you know which bank it is? MR. CATHEY: I was sent a document from Bank of America but, as stated, there's nothing been formally filed through the proper chains to show a foreclosure. CHAIRMAN KAUFMAN: Okay. Well, according to the picture, it looks like it's damaged to me. Anybody want to make a motion that a violation exists? MR. DOINO: Make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: There's a motion and a second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Mr. Chairman, can I add to the record that the respondent was notified by mail. CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: Okay. Certified mail was sent on February 28, 2019 Page 92 February 15, 2019, and the property was posted on the property and the courthouse on February 15th, 2019. CHAIRMAN KAUFMAN: Okay. We don't do return receipt, do we, on certified mail? MS. BUCHILLON: No, but we get the green card back. CHAIRMAN KAUFMAN: Right, okay. Do you have a suggestion for us, Ryan? MR. CATHEY: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the necessary repairs to the mobile home or for the demolition of the mobile home within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; and, Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You spoke to the respondent. MR. CATHEY: Yes. CHAIRMAN KAUFMAN: And they said that this is -- they're not going to do anything, basically? February 28, 2019 Page 93 MR. CATHEY: Essentially, yes. CHAIRMAN KAUFMAN: They said it's in foreclosure. MR. CATHEY: Correct. CHAIRMAN KAUFMAN: Okay. So by us putting days down here to come into compliance, we can limit that because nothing's going to happen. It will just be in this shape a longer period of time. So when we do the motion, we should take that into consideration. Would anybody -- go ahead. MR. ORTEGA: Is there power to the unit? MR. CATHEY: I'm sorry? MR. ORTEGA: Is there power to the unit? MR. CATHEY: I don't believe so, but I don't know for sure. CHAIRMAN KAUFMAN: Okay. Well, if there's no power, then it's another violation, you know. MR. CATHEY: Well, looking at the mobile home, I wasn't able to tell whether or not -- CHAIRMAN KAUFMAN: Okay. If you stick your fingers in the outlet, that generally tells you. MR. CATHEY: Sure. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion from the Board, fill in the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll do it. Sixty days or a fine of $100 a day thereafter. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second on my motion. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. February 28, 2019 Page 94 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: Thank you. CHAIRMAN KAUFMAN: Are we out of cases, case free? MS. BUCHILLON: Okay, sorry. Next on the agenda under imposition of fines, No. 4, CEVR20180007002, PKZ Holding Company. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let record show the respondent is not present. Okay, Joe. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 3.05.08(C). Violation location is 3443 Pine Ridge Road, Naples; Folio No. 25120010081. Description of the violation is Brazilian pepper and other exotics located on the property. Past orders: On September 27th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, Book 5558, Page 1066, for more information. Violation has not been abated as of February 28th, 2019. February 28, 2019 Page 95 Fines and costs to date -- CHAIRMAN KAUFMAN: It says it on our -- MR. MUCHA: I'm sorry. Yeah, that's a typo. It has not been abated. Fines and costs to date are as follows: Fines have accrued at rate of $100 per day for the period from November 27th, 2018, to February 28th, 2019, 94 days, for a total fine amount of $9,400. Previously assessed operational costs of $59.63 have not been paid. Operational costs for today's hearing is $59.28, for a total fine amount of 9,518.91. MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. Before we do that, Joe, have you had a chance to speak to PKZ Holdings? MR. MUCHA: This isn't my case. An investigator did go out to the site yesterday, and there's been some work done, but there's still piles of debris there and -- so it's not quite abated yet. MR. LEFEBVRE: Has there been any contact with the owner? MR. MUCHA: There was at some point, but I guess -- I was talking to the investigator yesterday, and she said she hadn't heard anything from anybody in a few months, so -- CHAIRMAN KAUFMAN: Well, they didn't show up here. It's not in compliance. I'd have to support that motion. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. February 28, 2019 Page 96 MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. DOINO: He's got another one. Got another one, Joe? MR. MUCHA: Got one more. CHAIRMAN KAUFMAN: A likely story. I should be able to guess -- MS. BUCHILLON: Next on the agenda, No. 8 under imposition of fines, CESD20180007263, Farman Ullah. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Violation location is 261 Pine Vale Circle, Naples; Folio No. is 55100840005. Description of violation is: Permit No. PRBD20161040672 for the interior demo, complete wood frame demo, air-conditioning, plumbing, electrical demo expired on April 23rd, 2017, and the wood frame structure in the rear yard was constructed without a valid Collier County permit. Past orders: On August 23rd, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the February 28, 2019 Page 97 Board, Book 5549, Page 967, for more information. The violation has not been abated as of February 28th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from December 22nd, 2018, to February 28th, 2019, 69 days, for a total fine amount of $6,900. Previously assessed operational costs of $59.63 have not been paid. Operational costs for today's hearing, $59.42, for a total fine amount of $7,019.05. CHAIRMAN KAUFMAN: Okay. Let the record show that the respondent is not present. MR. LEFEBVRE: Motion to impose. MR. DOINO: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and second. 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? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. MS. BUCHILLON: That's it for the agenda. CHAIRMAN KAUFMAN: That's it for the agenda. We stand adjourned. ***** February 28, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :48 a.m. CODE F• ' ' ENT BOARD ppA t. 41MAN, dB R CHAIRMAN These minutes approv d by the :oard on Aor,,i1 P as resented , or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 98