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CEB Minutes 03/28/2019March 28, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, March 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 Sue Curley Ron Doino Kathleen Elrod Gerald J. Lefebvre Herminio Ortega Ryan White ALSO PRESENT: Elena Gonzalez, Code Enforcement 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 March 28, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everyone. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. Now, if we could all rise for our pledge. (The Pledge of Allegiance was recited in unison.) MS. GONZALEZ: Good morning. CHAIRMAN KAUFMAN: Why don't we start out with the roll call. MS. GONZALEZ: Okay. Mr. Kaufman? CHAIRMAN KAUFMAN: Here. MS. GONZALEZ: Mr. Lefebvre? CHAIRMAN KAUFMAN: Gerald called me this morning. He's going to be delayed a little bit. He's teaching the county how to give out building permits. MS. GONZALEZ: Okay. Ms. Elrod? MS. ELROD: Here. MS. GONZALEZ: Mr. Doino? MR. DOINO: Here. March 28, 2019 Page 3 MS. GONZALEZ: Mr. White? MR. WHITE: Here. MS. GONZALEZ: Ms. Curley? MS. CURLEY: Here. MS. GONZALEZ: Mr. Ortega? MR. ORTEGA: Here. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. I'm sure that everybody's read the meetings -- the minutes from the last meeting. Anybody have any changes or comments on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to approve them. MR. DOINO: Motion to approve. CHAIRMAN KAUFMAN: I have a motion. MS. ELROD: Second. MR. ORTEGA: Second. And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And do we have any changes to the agenda? MS. GONZALEZ: Yes, sir, we do. The following cases March 28, 2019 Page 4 have been withdrawn: We'll start with from the hearings portion. Item No. 2, Case No. CESD20180003845, has been withdrawn. Number 5 from hearings, Case No. CEPM20180015463, has been withdrawn. Number 8 from the hearings is Case No. CESD20180008395, has been withdrawn. The following case is Item No. 12, Case No. CEPM20180013070, has been withdrawn. Item No. 14 is Case CEV20190002197, has been withdrawn. And under the -- for imposition of fines and liens, the following cases have been withdrawn as well: Item No. 2 is Case CEPM20180007510, has been withdrawn. Item No. 3, from imposition of fines and liens also, Case No. CESD20160015129, has been withdrawn. And the final one for now is Item No. 10 from imposition of fines and liens, Case CESD20150014688. CHAIRMAN KAUFMAN: Okay. Do we have a motion from the floor to accept the modified agenda? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. March 28, 2019 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: Thank you. We will start -- if it's okay with you, Mr. Chair, we have a stipulation. CHAIRMAN KAUFMAN: Sure. MS. GONZALEZ: Item No. 7 of hearings. It's Case CEVR20170019610, Panter Colon-Taboada, and the address is 4460 Third Avenue Southwest in Naples, Florida. CHAIRMAN KAUFMAN: Right on cue. So we can put that in the minutes. Mr. Lefebvre has arrived. MS. GONZALEZ: Thank you. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. Your name? MR. COLON: My name is Panter Colon. CHAIRMAN KAUFMAN: Is that microphone on? MS. GONZALEZ: Sorry. CHAIRMAN KAUFMAN: You'll have to stay after school and clap the erasers. Cristina? MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement supervisor. I met with Mr. Colon this morning before the hearing started, signed a stipulation. I'll read as follows: Therefore, it is agreed between the parties that the respondent shall: Number one, 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 applying for and obtaining a vegetation removal and landfill permit for the placement of March 28, 2019 Page 6 unauthorized fill. If it cannot be obtained for the fill currently on site, must be -- must remove fill from property and restore property to the original condition it was in before the placement and must submit an approved mitigation or restoration plan and execute the plan in its entirety within 120 days of this hearing, or a fine of $150 per day will be imposed until violation is abated; Submit a mitigation plan prepared by a person who meets and exceeds the credentials specified in the Land Development Code or Chapter 7 of the Administrative Code and meets the criteria pursuant to Section 10.02.06(D)(3)(a), (b), (c), and (d); Must maintain approval -- must obtain approval of and complete the installation of the required plantings to restore native vegetation to all three strata: Canopy trees, mid-story plants, and ground cover. Minimum size shall apply: 1-gallon for ground covers, 3-gallon for shrubs, and 4-foot height trees. Plan must include a provision of no less than three years and must be provided in the restoration plan to control invasive exotic vegetation between 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Provisions must be made for irrigation of the new plantings to increase chances of survival, and new plantings must have 80 percent survival for a period of no less than three years, or new plantings will be required after the three years, and a fine of $150 per day will be imposed until the violation is abated; Number 5, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance. Number 6, 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 March 28, 2019 Page 7 agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. That's quite an order. Sir, do you understand the order that Cristina has just read? MR. COLON: Yes. CHAIRMAN KAUFMAN: Basically, you have to put it back to the way it was before you did it, and you have so much time to do it or there's a fine. MR. COLON: Okay. CHAIRMAN KAUFMAN: Do you think you'll be able to do it in that time frame? MR. COLON: Yes. MS. PEREZ: We did make an appointment to meet on Monday at the Horseshoe office so we can start the process to apply for the vegetation removal permit and then give him some information to be able to obtain an environmental consultant for his restoration plan. CHAIRMAN KAUFMAN: Any comments or motions from the Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. March 28, 2019 Page 8 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Good luck. MR. COLON: Thank you. MS. GONZALEZ: Mr. Chair, we have another stipulation. It's Item No. 11 under hearings. It's Case CESD20180010414, Thomas Gray and Carla Fingar. The address is 231 Pine Key Lane, Naples. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to adjust the agenda accordingly. MR. DOINO: Motion. MR. LEFEBVRE: Second. MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. GRAY: Thomas A. Gray. March 28, 2019 Page 9 CHAIRMAN KAUFMAN: Okay. And would you like to read the stipulation into the record? MR. CATHEY: Yes. For the record, Ryan Cathey, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy 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, 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. Sir, you understand the stipulation you've agreed to? MR. GRAY: Yes, I do. CHAIRMAN KAUFMAN: No problem meeting those dates? MR. GRAY: No problem. CHAIRMAN KAUFMAN: Okay. Any questions or motions from the Board? MR. LEFEBVRE: Make a motion to accept. March 28, 2019 Page 10 MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Ryan. MR. CATHEY: Thank you. MR. GRAY: Thank you, sir. MS. GONZALEZ: Okay. We'll move on to the first case under the hearings portion. Case CENA20180009846, Shelly Pike at 4110 Mindi Avenue, Naples, Florida. (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. DUNN: Shelly Dunn. CHAIRMAN KAUFMAN: Okay. And since this is a case that's being brought against you, the county goes first, they explain it, you have an opportunity to ask any questions during March 28, 2019 Page 11 this, and we go from there, and then -- God bless you -- it's your turn. MS. GIGUERE: Good morning. For the record, Vicki Giguere, Collier County Code Enforcement. This is in reference to Case No. CENA20180009846 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Section 54-185(a) and Collier County Land Development Code 04-41, as amended, Section 1.04.01(a): Observed debris and litter on the side yards and year yard at the property located at 4110 Mindi Ave., Naples, Florida, 34112; Folio 67492480006. Service was given on August 5th, 2018. I would like to now present case evidence in the following exhibits: Four photos taken on August 2nd, 2018, by investigator John Johnson. CHAIRMAN KAUFMAN: Has the respondent seen these photos? MS. GIGUERE: Yes. I showed them to her this morning. CHAIRMAN KAUFMAN: Do you have any objection to these pictures? These were taken in August, correct? MS. GIGUERE: Correct. CHAIRMAN KAUFMAN: Okay. It must have been taken at night. MR. LEFEBVRE: We have to have a motion. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept the -- MR. DOINO: Make a motion. MS. ELROD: Motion. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? March 28, 2019 Page 12 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: Ms. Pike, is this property near Sugden Park? MS. DUNN: Yes. MR. LEFEBVRE: You were in front of us about a little over a year ago, correct? MS. DUNN: No, not quite. CHAIRMAN KAUFMAN: Let the county go before we -- MR. LEFEBVRE: Sorry. MR. LETOURNEAU: We're having some difficulties on the pictures. CHAIRMAN KAUFMAN: Maybe you could sing a song. MR. LETOURNEAU: Hey, Vicki, do you want to go through the testimony, and then we'll get back to the pictures. MS. GIGUERE: Sure; yes. There was a violation of litter and debris and weeds was first observed by Investigator John Johnson on August 2nd, 2018. This is the fourth case for the same type of violation in the past few years. Case CENA20180002520 was presented before the Code Enforcement Board in June of 2018 and found in violation. They were ordered to abate by July 13th, 2018, or a fine of $150 per day would have been imposed. March 28, 2019 Page 13 So far attempts have been made to comply. Some of the litter has been removed, and the weeds have been cut. The case was prepared to be heard back in January, however, was pulled at that time due to a family emergency on the owner's part. And as of yesterday, the violation of litter and debris remains. CHAIRMAN KAUFMAN: Okay. You said this is a fourth report? MS. GIGUERE: This is the fourth case of this type. This is the second time it's been brought to hearing. CHAIRMAN KAUFMAN: Okay. So the first time it was heard, found in violation. I just want to get the facts down. MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: It was found in violation, the respondent was given so much time to remediate the situation, and it was remediated. MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Okay. Reinspected? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Okay. And then that was the first time. Then the second time, it occurred again? MS. GIGUERE: This is the second time it's -- CHAIRMAN KAUFMAN: This is -- MS. GIGUERE: -- been brought before you. CHAIRMAN KAUFMAN: -- the second time it's brought before us? MS. GIGUERE: Correct. CHAIRMAN KAUFMAN: But you said there were four, so that's what I was -- MS. GIGUERE: Yeah. Four total cases of the same type of violation. This is the second case in front of you. March 28, 2019 Page 14 CHAIRMAN KAUFMAN: Okay. Fine. Okay. They're working on the photos. What type of debris is there, without seeing it? MS. GIGUERE: It's just different type of household items, furniture, buckets, bins. It's just all sort of basic household items that should be stored within a garage. CHAIRMAN KAUFMAN: Okay. So while we're -- any questions of the county at this point? MS. CURLEY: I have a question -- how many -- do you have available how many complaints you've received from neighbors about this? MS. GIGUERE: It's been ongoing for -- I know I've been in the department for eight years, and it's been ongoing for at least that long. It's not all the time, but it comes in probably at least once a year. It all depends on the time of year, I guess. And the owner can explain more of what she does and as to why things pile up more at certain times. MS. CURLEY: Yeah, I'm familiar with this story. CHAIRMAN KAUFMAN: Okay. We're awaiting the pictures, but in the meantime, why don't you let us know -- what we're going to do now is we're going to hear everything. If we find there's a violation, we'll go forward. If there's no violation, that's the end of the case. MS. DUNN: We had had everything cleaned up after that last hearing, and as I explained last time, I do run an organization here in town, a non-profit. And January 1st there was a fire, a trailer -- no, a home on Polly Avenue had burnt down. I got a call at 3:30 in the morning, and they asked me if I would help the family, having this organization, and I said, yeah, with clothes and stuff like that I can help. March 28, 2019 Page 15 Without my knowledge, the next day on Channel 5 it was discussed that I was collecting stuff again. I had told everybody that we had stopped all drop-offs and everything else at my house, and when they came back out, right in January when they came back out and I was due to come out here, it was a pile of it. The lady can tell you even there was -- I had even put notices up. That's all gone. That's my backyard. That's all cut down. That's all -- in fact, I have a picture on my phone, and she'll show you the new pictures of that. That's all gone. That's -- I'll explain that in a second. But, anyway, I -- when she came out, she could even tell you there were signs up, "Don't drop the stuff off." There were signs even up saying -- because I had a truck coming in to take the stuff to storage. As the stuff was coming in, I had people taking it immediately to a storage unit so it wouldn't build up. As far as that is concerned, that's all cleared now. My backyard, I don't really technically have a backyard. It's a field, literally, even though it shouldn't be. Years ago -- and we're talking a long time ago, when you were supposed to have -- connect to the street -- now, I'm a single cancer survivor living by myself, widowed, and with a disabled daughter. So we don't have a lot of maintenance people around the house. But years ago when you could -- when we had to connect to the street, my husband was dying at the time and in the hospital, they came in with a crew. With small backhoes and stuff and put down the sewer, and we had to connect to the sewer. I've never had the backyard restored. I mean, it's a field, because I can't afford to go -- and they just dug it and left it, so that's why you see it doesn't even look like it's flat. And now if you look and see, if she would -- do you have a March 28, 2019 Page 16 picture where you could show them what it looks like now? MS. GIGUERE: Yes. MS. DUNN: I mean, we've worked our butts off, literally. CHAIRMAN KAUFMAN: This picture was taken in August, the first one. The second picture was taken? MS. GIGUERE: Yes. If you go back by date back to the August ones, there are four pictures from August 2nd of 2018, then there are two photos from September 10th of 2018, those were taken by Investigator John Johnson, and then there are five photos that I took yesterday on March 27th. CHAIRMAN KAUFMAN: Okay. So these are -- the first four that we're looking at is from last August? MS. GIGUERE: Correct. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: And then you'll find two more that were taken on September. MS. DUNN: You can see there, like I say, it's literally a field, because there is no lawn. I mean, it just -- it's almost not mowable. I have to hire somebody to come in with equipment because you can't mow it. MS. GIGUERE: So you just see the types of items that are being stored. MS. CURLEY: What's the date on this photograph, please? MS. GIGUERE: This is September 10th. MS. CURLEY: Okay. MS. GIGUERE: And these were photos that were taken yesterday. MS. DUNN: And you see more of the lawn, because it's all down now, as much as we could take down. And that there has all been enclosed now right now with a privacy fence. That was done this week, too. March 28, 2019 Page 17 MS. GIGUERE: And this is the other side of the house that has just stacks of bins. MS. DUNN: And like I say, that's all gone. I have a picture also. MS. CURLEY: The picture before is when? The -- back up one. MS. GIGUERE: The other side with all the bins stacked up? That was yesterday as well. MS. CURLEY: Oh, that's currently how that -- MS. GIGUERE: Yes. MR. LETOURNEAU: Vicki, can you see that from a legal vantage point from the neighbor's property? MS. GIGUERE: Yes. I was with the property owner that lives behind her property, and he escorted me to the rear yard, and you can see those -- MS. DUNN: That was the way that was yesterday? MS. GIGUERE: Yes, ma'am. MS. DUNN: How did -- there's two pieces of privacy fence up there now. MS. GIGUERE: That's the left side. MS. DUNN: Yeah, but I'm talking on the -- MS. GIGUERE: It was yesterday in the afternoon. MS. DUNN: I know that they were putting -- I didn't go out there, but I bought the privacy fence to go across that right now till I can finish that side. That I'm surprised; I just paid somebody to put that up. MS. GIGUERE: And also there were -- because the question was brought up, there have been 12 cases for litter and weeds since 2001 on the property. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. So are there any other March 28, 2019 Page 18 pictures from yesterday? MS. GIGUERE: Just those five. CHAIRMAN KAUFMAN: Okay. Why don't you run through them. MS. DUNN: The front yard has been done. The front is where we were concerned originally because -- this is when they started to come to look at the backyard and stuff, but the front yard is where the original complaint was because the stuff was up against the house. And I have -- that's all been removed. There's -- visibly from the front, is it not? Right? And the backyard now, you saw, is completely mowed. MS. GIGUERE: Correct. The front has been cleaned up, the rear yard has been mowed, but we're still dealing with the outside storage of the items on both sides of the house. MS. DUNN: It's the sides. It's not the back. The back and the front have been done. It's the sides. One side is almost half done. This one here has been enclosed, and that's what I need time to still work on. I have no garage. I have -- supposed to have a garage, but I've lost my roof on my garage. I lost my roof on -- I still don't even have my roof on the upstairs of my house yet. I need to have money for -- I did not have insurance. The house was uninsurable after the other hurricanes. So, I mean, I have that -- most of -- a lot of that is contents that were in the garage. My garage -- I mean, it's -- my garage, forget it. I'm still waiting -- they keep telling me they're coming out to repair, coming out to repair, but nobody's come out to repair anything. CHAIRMAN KAUFMAN: Our position here is there was a complaint made, we're hearing the case now, and we're going to March 28, 2019 Page 19 either find that a violation exists or a violation does not exist. MS. DUNN: Oh, I'm sure there's a violation. I'm not arguing that. What I'm saying is I'm working on it, and I need a little bit more time and, like the lady said, you see -- she's seen a lot of improvement, and that's what I'm saying is I'm doing the best I can. It's costing me a lot of money to hire people. A lot of people you hire, and they walk away with the money and don't do a thing, and I've run into that many times. CHAIRMAN KAUFMAN: Okay. What I'd like to do -- and you've admitted that this is a violation. So if we could get a motion from the Board. MS. CURLEY: I'll make a motion that a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: 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. Now we're to the point of what needs to be done, et cetera. MS. DUNN: And like I say, front yard is done. That was the first violation. I mean, the first complaint was mostly the March 28, 2019 Page 20 front yard, and that is done. The backyard is, I would say, 97 percent done. There's a couple of pieces back there, and it's in my backward. It's not in the front. And, like I say, I'm trying. The side to the right it almost half done, and then this one here's going to take me a while to get done. And if I had a garage, this would all go in my garage. Every bit of this would go in my garage. I've got -- I mean, I've got three storage units right now because all my furniture upstairs was destroyed because I have no roof. I mean, I have holes in my ceiling that I'm still trying to patch. I mean, I've got -- you know, I'm halfway there raising my money for my roof. My roof is not -- I only need $10,000, but, I mean, I'm trying to -- somebody literally came forward and paid my mortgage off so I could put that money in the bank so I could get the money to put a roof on my house and get my stuff back in. CHAIRMAN KAUFMAN: Okay. Let me go back to Virginia. Do you have a suggestion for the Board? MS. GIGUERE: I do. I have a recommendation that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days and abate all violations by: One, removing all unauthorized accumulation of litter from the property to a site intended for final disposal; Two, removing all unauthorized outside storage of material, goods, and/or other belongings, must move to a permitted enclosed structure or move to a site intended for such storage or to a site intended for final disposal; And, three, must mow or cause to mow all weeds, grass, or other non-similar, non-protected overgrowth in excess of 18 inches in height on this lot; must mow to a height of less than March 28, 2019 Page 21 six inches; Four, must comply with these recommendations within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated, and the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Jeff, do you have something to say? MR. LETOURNEAU: I do. Normally on these repeat violations we add a civil penalty on them. I'm not sure why it isn't on there, but I would -- the county would recommend a civil penalty of some sort also. I don't know why it's not on our recommendation. CHAIRMAN KAUFMAN: Okay. This is a repeat violation, and there have been 12 similar violations in the past, what, 18 years or so, 17 years? MS. GIGUERE: (Nods head.) CHAIRMAN KAUFMAN: So it just seems to go on and on, and -- MS. DUNN: And I do try. I'm telling you, it's just me. I have a handicapped lady living there. I try my darndest. The stuff comes in, and I -- I mean, I have been working on this, and I cannot help it. I am there alone. I have had a property that was left to me after my husband died that was totally, totally dilapidated. We have painted, and we have tried to do things by March 28, 2019 Page 22 ourselves. I don't have a lot of money to do things with. And that is -- and half the time what they're seeing -- like, one time they came out, and it was a trash pile. It was the pile -- we worked on the house on a Wednesday, he came out, like, on a Friday, and it was the stuff that was going out on Monday. MS. CURLEY: Excuse me. I think when we met you last time we discussed that the business that you're running, you're running it out of a residential -- MS. DUNN: No, I'm not running it out of there anymore. Like I said, that was done to me. MS. CURLEY: Excuse me. Is there an office and a location where you -- MS. DUNN: We work out of a storage unit. MS. CURLEY: Okay. And so by you using the yard as a place for people to drop off -- MS. DUNN: They are not supposed to be dropping off. THE COURT REPORTER: Excuse me. You need to let her finish. I cannot write two people. MS. CURLEY: I think that we had a discussion about that that's -- MS. DUNN: Right. And that's why I have even the signs up usually. They say "do not dump," but -- MS. CURLEY: I heard you before. But I think that we need to be reminded that in spite of -- that she's not able to control her business, it's still a residential neighborhood. I do not want to be your neighbor, and I feel sorry for your front, back, and side-door neighbors. If you just think your front yard looks nice -- but you don't understand that all that trash in the back is offensive to people and creates health issues, and it's just not fair. I'm sorry. MS. DUNN: And that's why I continue to keep -- now, this March 28, 2019 Page 23 is stuff that's been there for a long time. And I have put up just this past weekend over $300 just to have help cleaning it. CHAIRMAN KAUFMAN: Okay. Ma'am -- MS. DUNN: I'm doing the very best I can. CHAIRMAN KAUFMAN: -- we've been here before. We've heard this. We've heard the exact same testimony that you provided at the last hearing. MS. DUNN: But I didn't have that much done, and now I have got so much more done. CHAIRMAN KAUFMAN: Well, I think that it's still in violation. You just said so. MS. DUNN: Oh, no. And like I say, I'm working. Now, I have people that have been showing up, the first people -- like I say, I put out -- twice I paid people that didn't even -- I mean, walked away with the money. CHAIRMAN KAUFMAN: Well, as Ms. Curley just said, it's not fair to the neighbors. MS. DUNN: Right. And like I'm saying, I'm just asking for some more time, and then I will try -- like I say, if I have to get even more storage, but right now if I could get my roof, I could get my garage back, and this stuff could go back in my garage. CHAIRMAN KAUFMAN: Okay. Well, what we're going to do is we're going to come up with filling in the blanks on what Virginia has just proposed, probably along with a civil penalty, and hopefully you'll have enough time to get it all done, and you won't be back here again. If it's still in violation, the penalty that we impose will probably have a per-day penalty of X amount of dollars -- MS. DUNN: I understand. CHAIRMAN KAUFMAN: -- so that if it happens again it starts accumulating money at that time. March 28, 2019 Page 24 So having said all of that, would anybody like to take a shot at a motion on this to fill in the blanks as far as how much time, if it's not done in that particular time frame, and what a civil penalty would be, if any? MS. CURLEY: I think I can work on Items 1 through 5, and I'll ask someone else to work on the civil side of it. CHAIRMAN KAUFMAN: Sure. MS. CURLEY: I just want to highlighted Item No. 5. We're not -- it's just not fair for the neighbor and the neighborhood. And I want to just put, like, must comply within these recommendations within seven days. MS. DUNN: Within seven days? MS. CURLEY: Excuse me -- or a fine of $200 per day, and then put a timeline on when 5 goes into effect, because it's just not fair if the county has to go and clean the yard and then send the bill to Ms. Pike. That's what I would prefer that this say. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: It's enough. CHAIRMAN KAUFMAN: Okay. Do we have a second on that motion? MR. LEFEBVRE: First of all, I think the seven days may be a little bit short window, $200 might not be significant enough, and the 500 -- or a civil fee, I think, is -- yes, it has a purpose, but she's trying to save up enough money to ultimately fix the roof, which will hopefully take care of the issues at hand. And if we issue a civil penalty, then that's kind of putting her a couple steps back. So I wouldn't agree to a civil penalty, but I would agree to a little bit longer period to clean up and maybe a stiffer dollar amount. MS. CURLEY: So my comment to that is this is the law of diminishing return. Now we're giving her seven months and March 28, 2019 Page 25 seven days. She's had seven months since this was noticed in August. We're not talking about the historical side of this case -- MR. LEFEBVRE: Right. MS. CURLEY: -- or this property address, but it's already been seven months. MR. LEFEBVRE: I understand. MS. CURLEY: And things have been shifted around to a backyard, and a fence has been purchased and put up, and a lot of other people have been helped, which is very generous of this person and the community and the company that she runs. But if you don't help yourself, that's -- that's not going to work here. So we've got seven months. I give seven more days. And so you think we should give her eight months? MR. LEFEBVRE: No, I didn't say eight months at all. MS. CURLEY: So not seven days? MS. DUNN: Can I speak for a second? CHAIRMAN KAUFMAN: No. MS. CURLEY: No. MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: After we get done, you can speak. MR. LEFEBVRE: I was misunderstood if I said seven months. MS. CURLEY: No, I mean, it's been seven months since August 1st, 2018, that everybody in the county and the neighbors and everybody has been watching this stuff just shift around the property, and someone not able to control what's going on in their property is their responsibility -- CHAIRMAN KAUFMAN: Responsibility. MS. CURLEY: -- as a county citizen. And if that's -- if that responsibility is too much for any citizen, then they should March 28, 2019 Page 26 accommodate that and sort that out in some other life plans, but that is not our job here. MR. LEFEBVRE: Correct. MR. ORTEGA: I have a question. When is the next date for your inspection to occur? MS. GIGUERE: It would happen the day after whatever the time limit is you guys give. So if you said seven days, we would go out the next business day after that seventh day. MS. DUNN: It's impossible for me to do it in that time frame. CHAIRMAN KAUFMAN: Ma'am, this is our deliberation time. Okay. MR. ORTEGA: I would suggest 30 days. CHAIRMAN KAUFMAN: Okay. So does the motion maker want to modify her motion, the portion of her motion to 30 days? MS. CURLEY: No. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? (No response.) CHAIRMAN KAUFMAN: Now, do we have a second on -- well, let's talk about the civil portion of this to begin with and put it all together, and then if we get a second we can vote on it; if not, we'll try something else. So as far as a civil penalty, anybody want to speak to that item? (No response.) CHAIRMAN KAUFMAN: If I don't hear anything from any of you folks, I have a comment. At this point with all of the violations, I think a civil penalty is proper. We won't make it big, but I would suggest a $500 civil penalty on this along with your March 28, 2019 Page 27 seven days and $200-a-day fine. Anybody want to comment on that? MS. CURLEY: I think that sounds great. CHAIRMAN KAUFMAN: Okay. Does anybody want to second that? MR. ORTEGA: I actually agree with Mr. Lefebvre on the civil penalty. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Let's take a vote then. CHAIRMAN KAUFMAN: We need a second first. Now, I can second your portion, but somebody has to second my portion. MS. CURLEY: I'll second your portion. CHAIRMAN KAUFMAN: Okay. So let me summarize it. We have Item No. 4 is seven days with $200 fine with a civil penalty of $500 to be paid within 30 days. CHAIRMAN KAUFMAN: Okay. Okay. So we have a motion and a second. That's clear enough. All in favor? MS. CURLEY: Aye. MR. WHITE: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Hold on. So we have an aye, a nay, an aye. MR. ORTEGA: Nay. MR. LEFEBVRE: Nay. CHAIRMAN KAUFMAN: Hold on, hold on. We get the ayes, then you do the nays. This is Robert's Rules of Law. We have an aye, an aye, and an aye. That's three. We have a nay. MS. ELROD: (Nods head.) MR. DOINO: (Raises hand.) March 28, 2019 Page 28 MR. LEFEBVRE: (Raises hand.) MR. ORTEGA: (Raises hand.) CHAIRMAN KAUFMAN: A nay is two. There's a three, it's a four. So the motion fails. Okay. So now we're down to square one. Does somebody else want to make a motion? MR. LEFEBVRE: I make a motion that the 59.56 in operational fees be collected within 30 days; 21 days to clean up and take care of all the issues, or a fine of $250; no civil penalty. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. ORTEGA: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have two seconds. Okay. Any discussion on that motion? MS. CURLEY: Well, I mean, if the county is recommending that we follow historical by imposing a civil fee, I don't see why this board's not complying with that suggestion. CHAIRMAN KAUFMAN: Well, the Board has the leeway to go either way on it; otherwise, the county would be sitting up here. So we have a motion. Any other comments on the motion that Mr. Lefebvre has made? (No response.) CHAIRMAN KAUFMAN: Hearing none, we'll vote. All those in favor, say aye. MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. March 28, 2019 Page 29 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Those opposed, nay. (No response.) CHAIRMAN KAUFMAN: Okay. It passes unanimously. So there's no civil penalty. It's clean it up in 21 days or a $250 fine thereafter. MS. CURLEY: And so No. 5 goes into effect when the word there say "may use the assistance"? CHAIRMAN KAUFMAN: Well, it goes -- the 21 days -- MS. CURLEY: Twenty-one days? CHAIRMAN KAUFMAN: That's the discretion of the county, okay? So I don't know if you've been following this, but the resolution is that the property needs to be cleaned up within 21 days probably beginning, probably, today, and if it's not cleaned up in 21 days, each day after the 21 days will result in a $250-a-day assessment/fine, okay? And the $59.56, which is the court costs, if you will, need to be paid within 30 days. Okay? Do you understand? MS. DUNN: Uh-huh. CHAIRMAN KAUFMAN: We're done. MS. DUNN: Okay. MS. GIGUERE: Thank you. MS. DUNN: Thank you. MS. GONZALEZ: The next case is from hearings, Case No. CESD20180009950, Mr. Jeser Ochoa Pupo is present. The address is 625 Southwest Boulevard in Naples. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. County is up first. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. March 28, 2019 Page 30 CHAIRMAN KAUFMAN: John, hold on one second. Could you both state your name on the microphone for us. MR. OCHOA: My name is Jeser Ochoa. MR. RODRIGUEZ: And Jose Rodriguez. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: This is in reference to Case No. CESD20180009950 dealing with the violations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), doorway between the interior garage and dwelling in the process of being sealed without first obtaining a valid Collier County permit located at 625 Southwest Boulevard, Naples, Florida, 34113; Folio No. 77260720001. Service given on October 4th, 2018. At this time I would like to present the case evidence in the following exhibits: Two photos I took August 29, 2018, a sketch of the property -- CHAIRMAN KAUFMAN: Has the respondent seen the photos and the sketch? MR. MUSSE: I'm not done yet -- the property card, and the determination from the building official. CHAIRMAN KAUFMAN: Okay. MR. MUCHA: Yes, they have -- they did see them. CHAIRMAN KAUFMAN: You have seen it? Do you have any objection to those exhibits? MR. OCHOA: (Shakes head.) CHAIRMAN KAUFMAN: Okay. Get a motion from the Board. MR. DOINO: Motion to approve. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? March 28, 2019 Page 31 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. MUSSE: On August 7th, 2018, I met with the complainant on site. She informed me that the portion of the garage has been converted into living space. The property owner wasn't home at this time, so I wasn't able to verify if a violation existed or not. I managed to get in contact with the property owner and scheduled a meeting at his property. Met with Mr. Pupo on August 29th. He agreed to let me enter his garage. There I was able to observe that the garage was not converted into living space. Only observed -- excuse me. Only observed the doorway between the garage and the dwelling in the process of being sealed. As you can see in the photos, more clear photo right there -- and to give you, on the sketches, if you see the garage, the bottom X, according to Mr. Pupo, that is the original doorway that existed in the house. The X on the top, that's the doorway that's in the process of being sealed. CHAIRMAN KAUFMAN: Let me stop you one second. I'm a little bit confused on names. I have the two gentlemen's names. The other name that you're giving us now is the owner of March 28, 2019 Page 32 the property? MR. MUSSE: They're both owners. MR. OCHOA: They're both my name. That's Ochoa Pupo. That's a Spanish name, sorry. CHAIRMAN KAUFMAN: Okay. You can understand why it's confusing. MR. MUSSE: Yes. No worries. CHAIRMAN KAUFMAN: Okay. So that's the door in question, the top X? MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Okay. Go ahead. MR. MUSSE: Researched the property and found a permit number listed on the property card. On the property card, as you can see, is the house permit; Permit No. 86-401. Visited the Records Department and attempted to pull the plans for that permit. Unfortunately, on -- 1986, when that permit was pulled, all the records are kept in microfilm, and that specific file is missing. So I'm unable to verify Mr. Pupo and Mr. Rodriguez's claim which one is the original doorway. Later, presented this case before the building official, Jonathan Walsh, and he determined that a permit is required for the work being conducted. Numerous inspections conducted. No valid -- did not observe a valid permit for the work. On November 26th, spoke to Mr. Jose Rodriguez, the gentleman on the left, who informed me that Mr. Pupo no longer resides at the residence and that I should address any code issues with him. I informed him of the violation and advised him to get a permit for the work. At this time, no violation -- violation remains. No permit has been obtained. March 28, 2019 Page 33 CHAIRMAN KAUFMAN: Okay. Could you go back over. You met with Walsh. MR. MUSSE: Yes. This determination. CHAIRMAN KAUFMAN: And he said that it's a violation -- if the -- if you found the house was as stated with the bottom one that was an existing door, would this still be in violation by closing up the top door? MR. MUSSE: Well, if I would have went into the garage and it was already sealed, I couldn't prove that there was any work being done. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: I didn't disrupt -- they didn't disrupt the integrity of the wall, so I couldn't prove it. I would never have brought it to Walsh's attention. CHAIRMAN KAUFMAN: Okay. And the seal that's going on, that meets the code, if you will, fireproof door, et cetera? MR. MUSSE: As of right now, he's trying to get a permit. He's having issues because he couldn't find the plans. So he has to create drawings and go through the permitting process. Once he gets a permit, it's going to get inspected, so that's up to the building inspector to see if it's up to code. CHAIRMAN KAUFMAN: Okay. Gentlemen? MR. RODRIGUEZ: Okay. So basically everything's already done. That door is sealed. We never removed the drywall on the other side of the wall. Basically, we just removed the one that you saw in the picture, because we were trying to make a walk-in closet because that's the only room that doesn't have a closet, but we never finished it. So when we took the pictures -- when he took the picture, we hadn't closed it up yet, but it's already done. So I don't March 28, 2019 Page 34 know -- CHAIRMAN KAUFMAN: Could you put the picture -- the drawing, if you will, of the unit. So you were going to try to put -- MR. RODRIGUEZ: A walk-in closet, because that's the only room that doesn't have a closet. MS. CURLEY: The garage? MR. RODRIGUEZ: That's a bedroom right there, so I wanted to put the walk-in closet inside the garage in that little area. CHAIRMAN KAUFMAN: Okay. You were going to frame that -- MR. RODRIGUEZ: Yeah, but we never did it. And I got the pictures of everything done already. I don't know if you guys want to take a look at it. MS. CURLEY: I just want a point of clarification. Would you tell me how cars enter that garage; is it by the numbers 4, 5, and 6 or 19 or on the right side? MR. MUSSE: Four, 5, 6. MS. CURLEY: One car. MR. RODRIGUEZ: Two-car. MR. MUCHA: Two-car. MS. CURLEY: And they claim that the X is where the door originally was? MR. MUSSE: Well, the bottom one. MS. CURLEY: And it still exists? MR. MUSSE: Yes. MR. RODRIGUEZ: Yeah, the bottom one is the original door, as far as I know, when I moved in. The other door is what we tried to do. I mean, we never really did the whole opening. Like I said, it's just the drywall and the -- what's it called? You March 28, 2019 Page 35 know, the stuff you put in the middle. That's basically all we took out. MS. ELROD: Insulation. MR. RODRIGUEZ: Insulation, yeah. CHAIRMAN KAUFMAN: So you started it and you never did it -- MR. RODRIGUEZ: Never did it. CHAIRMAN KAUFMAN: -- and you were restoring it to its original -- MR. RODRIGUEZ: Yes. CHAIRMAN KAUFMAN: -- condition? Okay. MS. ELROD: So you were going to add the second door. It was never existing? MR. RODRIGUEZ: Exactly. Yeah. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Herminio, is that -- where the black X is, is that a normal place for -- let's just say this house was built in '86. Was that where an entry door would be? MR. ORTEGA: Define "normal." But you can have it. MR. RODRIGUEZ: Well, it's a door that's going from the dining room to the garage. MR. OCHOA: One door is only the access for the garage, the normal door, and the other one of the ones, we tried to add that, but then we don't do it. CHAIRMAN KAUFMAN: So that room that you have there, 30 by 44, that's not a bedroom; that's the whole house? MR. OCHOA: No. That's only half of the house, which is the room on the other side of the garage, and the other side is my living room with the whole house. MR. RODRIGUEZ: No. Here's the thing. That is basically the whole house. On the top you've basically got three rooms and March 28, 2019 Page 36 two bathrooms. On the bottom you've got the living room on the left side by the pool, in the middle you've got the kitchen, and to the right you've got the dining room, and for some reason they made the main door by the dining room. And there's another door that leads to the garage. Now, the door that he's talking about wasn't ever meant to be there in the first place. It was just a wall. That's where we were trying to make the door that we never -- you know, that's basically it. And I got the pictures here of everything done already. MR. LEFEBVRE: And you were going to -- because the garbage is so deep, you were going to make part of that garage a closet, and that door was going to go into the closet. MR. OCHOA: Exactly. MR. RODRIGUEZ: Exactly, yeah. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: On the top part of the -- MR. RODRIGUEZ: And it wasn't even going to be the whole garage. It was just going to be, like, a little portion. MR. OCHOA: This is the half and the other half. MR. RODRIGUEZ: And it's a big garbage. It's a two-car garage. We're not going to do it anymore, again. He's my brother-in-law. I bought the house with him. Now he's in the process of getting divorced with my sister, so I'm staying with the house because I'm getting married in two months. So in this past few months, I've been remodeling the house, and, you know, this is what's been going on. MR. ORTEGA: You do realize you can do the closet if you want. MR. RODRIGUEZ: Yeah? MR. ORTEGA: Of course. Just, you need a permit. But March 28, 2019 Page 37 you can do that closet if you want. MR. RODRIGUEZ: But, again, I don't want to have to go through all that, so that's why we're going to close it up, because he was the one trying to make the walk-in closet, not me, so... CHAIRMAN KAUFMAN: Then you can marry a girl that doesn't have a lot of clothes, that's all. MR. RODRIGUEZ: Yeah. And anyways, I've never lived in the house. I'm not planning on moving in till I get married, so... CHAIRMAN KAUFMAN: Okay. Do you want to show what it looks like right now? We get a motion to accept the -- MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: -- respondent's stuff? MS. CURLEY: I have a question real quick -- CHAIRMAN KAUFMAN: Hold on one second. Let me vote on this. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sue? MS. CURLEY: Are you guys still friends? MR. RODRIGUEZ: Oh, yeah, we're friends. March 28, 2019 Page 38 MR. OCHOA: Of course. MR. RODRIGUEZ: It's just that we're both on the title, so I want to fix my credit a little bit, because I stopped paying for the house for a few months, so my credit went down. So when I fix my credit, I want to refinance the house and then put it under my name and future wife's name. MS. CURLEY: Good job. CHAIRMAN KAUFMAN: Okay. MS. ELROD: So just to break it down, the top X was never an existing doorway? MR. RODRIGUEZ: Yeah, that was never a door. CHAIRMAN KAUFMAN: Yeah, it's right here. You can see it on the other picture. Okay. So you're trying to get a permit to cover the work that is done? You're having a problem doing that? MR. RODRIGUEZ: I've been there, like, two or three times, to the main office over there at Horseshoe. And on the first time I took all the paperwork, but I guess it wasn't what I needed. The second time I brought the survey with me and everything, thinking that was at the blueprints. It wasn't. So they said that they didn't have it in the system, that they were going to order it for me. I believe I even paid for it and everything. And they were going to let me know whenever they got it. I'm still waiting for that, so... CHAIRMAN KAUFMAN: Okay. And did they give you any idea -- well, I know somebody who was arguing with them today who's sitting right near me. Let me just pass the photos down to this side so you can see. MR. RODRIGUEZ: So basically, if they inspect the garage, that's all they're going to see. CHAIRMAN KAUFMAN: Okay. So let me just dream a March 28, 2019 Page 39 little, if you will. So that if we found -- I'm just throwing this out as a possibility. If we found that there was a violation and that the amount of time given to fix the violation was sufficient time for them to get their permit, this would all go away? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. Okay. Having said that, when I look at today's pictures versus the other pictures, it doesn't appear to me that there is a violation here, so you people be the judge for me. MS. CURLEY: So was there a stop work order put up, or what'd you do back in September? What did we do here? CHAIRMAN KAUFMAN: August. MR. MUSSE: I tried to recheck the blueprint, find the plans; of course it missing. I wanted to get -- I didn't know a permit was required for a little doorway, an interior doorway, you know. MR. LEFEBVRE: So is it a fire door, the door that's there now with a closing hinge? MR. RODRIGUEZ: The original door? That's the original door. MS. CURLEY: You think? MR. RODRIGUEZ: No, when I bought it, that was the door that was there. I mean, it only makes sense, because it's the only door leading to the garage from the house. MR. ORTEGA: What year was this house built? MR. MUSSE: Eighty-six. MR. ORTEGA: No. That's not the original door. MR. MUSSE: Okay. (Simultaneous speakers speaking.) THE COURT REPORTER: I can only get one at a time. I don't know who's talking. March 28, 2019 Page 40 MR. ORTEGA: Go ahead. MS. CURLEY: I wasn't talking. CHAIRMAN KAUFMAN: Okay. Herminio? MR. ORTEGA: Did they explain to you what you need at the county, the gentleman? MR. RODRIGUEZ: Basically, they said that I needed the blueprints for the house for them to know where was the door in the first place wherever they want to go inspect. MR. ORTEGA: In absence of the blueprints, you can sketch out yourself. MR. RODRIGUEZ: They said that I needed to hire an -- CHAIRMAN KAUFMAN: Architect? MR. RODRIGUEZ: Architect. MR. ORTEGA: In the absence of plans, you can do the sketch yourself. MR. RODRIGUEZ: Okay. Anyways, so you don't think that there would be a door from the house to the garage at all? MR. ORTEGA: Say again, please. I'm sorry. MR. RODRIGUEZ: You don't think that there would be a door leading from the house to the garage at all? Because that's the only door. MR. OCHOA: We bought it like that. MR. RODRIGUEZ: No, no. But that's not the point. The point is, you don't think there would be a door from the house to the garage? MR. ORTEGA: You're asking me do you need a door. MS. CURLEY: No. He's not saying that -- he's saying that that physical door isn't the original door. He's not -- MR. ORTEGA: Is that a wood door or metal door? MR. RODRIGUEZ: It's metal. CHAIRMAN KAUFMAN: Okay. Nobody's going to build March 28, 2019 Page 41 a garage like that in '86 that doesn't have access into the house, and you're not going to have access into the house into a bedroom. So it's only logical that was the original door, whether you can find the prints or not. So having said all that. It's a metal door. That's not the violation; is that correct? MR. MUSSE: No, that's not part of it. CHAIRMAN KAUFMAN: So we don't need to even talk about that. The violation was the other door that is now Sheetrock there. They're in the process of getting that done, and as I said before, if we find the violation and enough time is provided, they'll have their permit, especially if you can do as Herminio suggests, a hand sketch, get your permit. This is all done. Does that make sense to everybody? MR. ORTEGA: Yes. But I would go one step further. Find out if you fall under the exemptions to permits. I'm not saying you do, but I would find out. MR. RODRIGUEZ: So do you really think there is a violation because, I mean, I'm just trying to get this over with? MR. ORTEGA: That's what I just said. I would find out if this falls under the exemptions, because if it does, there is no violation. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: Well, I would say that the county contends that there was a violation at one point because there was work done on that wall that would have required a permit. They filled it back in. The county would like to take a look to see if it was done properly. I don't know if they need a permit at this point for what they filled back in, but I imagine they do. So the county contends there was a violation at one point. March 28, 2019 Page 42 CHAIRMAN KAUFMAN: Okay. So take a look at it. You're going to see Sheetrock. MR. LETOURNEAU: Correct, but we have evidence in pictures that there was an attempt to put a doorway in there without a permit at one point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: And the county would like to take a look at it to make sure that they restored it properly. CHAIRMAN KAUFMAN: Okay. Let me see if I can bring this to conclusion. MS. CURLEY: I just have -- I have one more question -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- of the county. So how did this original complaint come about? I missed that in the very beginning. MR. MUSSE: Well, the -- they -- Mr. Pupo had a tenant live in the back half of the house, which is only separated by a curtain, and so she made they -- there was an issue between them, personal issue, so she called in a bunch of code complaints, and that's why I investigated. CHAIRMAN KAUFMAN: I understand it. Okay. Now, does anybody want to make a motion whether a violation exists or not? (No response.) CHAIRMAN KAUFMAN: Don't everybody speak at once. I'll make the motion. I make a motion a violation does not exist. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? MR. LEFEBVRE: The only issue I have with that is we don't know what was done to put it back. March 28, 2019 Page 43 MR. DOINO: Normal. MR. LEFEBVRE: Right. How was it put back? Was it put back with five-eighths fire-rated insulation? How was it put back? We have no knowledge of how that was done. MS. CURLEY: Well, from that picture, I don't see a single outlet running that whole wall. MR. ORTEGA: I'm sorry. What's on the other side of that door? MR. RODRIGUEZ: This door or the other -- MR. ORTEGA: Yeah. MR. RODRIGUEZ: The dining room. For some reason they build the main door into the dining. So that would be dining room right there. MR. ORTEGA: It's not a bedroom. MR. LEFEBVRE: But usually there's permits. There's permits for rough-in, meaning -- and then there's the structural for the wall and everything. So we don't know what's been done, what kind of drywall was used or anything. So we don't know if that was enclosed properly. MS. CURLEY: You don't know if there's wires behind the -- there's a lot we don't know, but the man wasn't given a stop work order, and they just carried on, and it's been six months, because this was from September. MR. LEFEBVRE: That's my only issue. CHAIRMAN KAUFMAN: Yes, sir. MR. RODRIGUEZ: Yeah. Because like I said, we've been remodeling the house, so we had that hole there. I mean, so I was, like, I've got to finish it somehow because I'm remodeling the house, trying to make it look good, so I just closed it up. Not me. MR. OCHOA: We don't do the professional work like that. March 28, 2019 Page 44 MR. RODRIGUEZ: Not me, my girlfriend's dad, he has a company, and he hires people and everything, so he's the one that made sure that that got done. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation does not exist. All those in favor, say aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. Opposed? MS. CURLEY: Opposed. MR. DOINO: Opposed. MR. LEFEBVRE: Opposed. MR. WHITE: Aye. Can you pull that picture down. I want to see the garage. CHAIRMAN KAUFMAN: Three opposed. Four? MR. WHITE: I was opposed. CHAIRMAN KAUFMAN: Oh, you're opposed. MR. ORTEGA: Opposed to a violation exists? CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: Yes. MS. CURLEY: Could you put that picture back up, please. The one you just took off. MS. ELROD: She'd like to see the ceiling of that picture. MS. CURLEY: That garage door's not from 1986. CHAIRMAN KAUFMAN: Okay. Somebody like to make a motion that a violation exists? MS. CURLEY: I'm going to say based on the evidence that the county provided a violation existed. I don't know how that sorts itself out when they continued on with their work after you addressed it with them. MR. LETOURNEAU: Well, the county would like to get in there and make sure that the work that progressed after that March 28, 2019 Page 45 original picture that Investigator Musse took was done properly and up to code. That's basically our stand right now. Whether -- you know, whether it's a simple inspection that they ask them to come down and take a look at it, whether they need to pull a permit, that's why we put "all required permits" in our recommendation. If it's not required, the building official says, no, they're good to go, they're good to go at that point. But I just want the option for the county to go in there and take a look at it. CHAIRMAN KAUFMAN: Okay. Well, either a violation exists or it doesn't exist. MS. CURLEY: Well -- CHAIRMAN KAUFMAN: I made a motion that it doesn't exist. That was turned down. MR. DOINO: So a violation exists. MS. CURLEY: Yep. CHAIRMAN KAUFMAN: Okay. So you're making a motion that a violation exists. MR. LEFEBVRE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MR. ORTEGA: Nay. CHAIRMAN KAUFMAN: It carries. March 28, 2019 Page 46 Okay. So a violation exists. Now, what is the resolution to that? Joe, you have a -- John, you have a -- you okay? MR. MUSSE: Recommendation. CHAIRMAN KAUFMAN: You have a recommendation for us? MR. MUSSE: The county recommends 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: Obtaining all required Collier County building permits, inspections, and certificate of completion to seal the interior doorway within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation's abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. MS. CURLEY: I'll fill that one in. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So obtain all required Collier County building permit, inspection, and certificate of completion to seal the interior doorway within 60 days of this hearing, or a fine of $50 per day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: I'll second it. Okay. March 28, 2019 Page 47 Any discussion on the motion? MR. ORTEGA: One comment. CHAIRMAN KAUFMAN: Sure. MR. ORTEGA: If this did not fall -- and I don't know that it does or doesn't at this point. I don't know how -- I don't have all the facts. If it doesn't fall under the exemptions, then a violation clearly exists. That's why I made the suggestion, confirm it does not fall under the exemptions, because exemptions also includes alteration. As long as it's under $1,500 per trade. I don't see $1,500 per trade here. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: But this needs to be confirmed with the building official. CHAIRMAN KAUFMAN: Okay. You want to add that to the motion? I have no problem with that. Do you have a problem, Sue? MS. CURLEY: No, I think he should. CHAIRMAN KAUFMAN: Okay. Could we add that language to confirm if this falls under the exemption. MS. CURLEY: Then 1 and 2 are out. CHAIRMAN KAUFMAN: Then 1 and 2 are out. MS. CURLEY: So add No. 3 to that stating that if the owners, working with the county, find out that the -- they're exempt from a permit for whatever ancillary reasons, then No. 1 and 2 are gone. MR. LETOURNEAU: Well, I mean, I would say that the word "required" probably covers that in itself up on the first paragraph, but that -- CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: It might not even be -- it might not be required, and it might be like Jonathan Walsh tells one of his March 28, 2019 Page 48 inspectors to go down there and take a quick look at it and, you know -- I'm not speaking for the building official, but... CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: That's a possibility. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Without all the facts -- MS. CURLEY: Okay. Leave it then. CHAIRMAN KAUFMAN: So we have a motion that has been seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The first thing to do, find out if this is an exemption, and if it is an exemption, that kind of takes care of everything. If it's not, it doesn't look like it's going to take you 60 days to get a permit for this, in that case that would be done also, so... MR. RODRIGUEZ: Thank you. CHAIRMAN KAUFMAN: Good luck to you. MS. GONZALEZ: Next case is No. 6 under hearings, Case No. CESD20180006559, respondent or property owner Anthony Baldoni and Dana Baldoni. The address, 14483 Jekyll Island Court in Naples. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. March 28, 2019 Page 49 MR. BALDONI: Good morning. My name is Anthony Baldoni. CHAIRMAN KAUFMAN: Okay. Good morning. MS. PULSE: For the record, Dee Pulse, Collier County Code Enforcement. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Dee? MS. PULSE: Good morning. This is in reference to Case No. CESD20180006559 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). It's for alterations made on the property and no Collier County building permit was obtained. It's located at 14483 Jekyll Island Court, Naples, Florida, 34119; Folio 51978012988. Service given on February 28th, 2019. I would like to present case evidence in the following exhibits: An aerial of the property from the Property Appraiser's website for 2018 and four photographs taken by Contractor Licensing Investigator Guzman. CHAIRMAN KAUFMAN: Okay. MS. PULSE: They were taken approximately May 25th, 2018. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Any objection to the photos? MR. BALDONI: No. CHAIRMAN KAUFMAN: Okay. Motion from the Board to accept? MR. DOINO: Motion to accept. March 28, 2019 Page 50 MS. CURLEY: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: Seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PULSE: I also have a photo obtained from the realtor.com website showing the original state of the pool. We received a complaint for possible unpermitted construction. Contractor Licensing Division was advised, and a violation for unpermitted alterations was observed with work being completed by the owner. Building official confirmed a violation exists, and a permit is required. As of March 27th, 2019, a violation remains. MR. LETOURNEAU: So, Dee, we're talking about that overhang right there, correct? MS. PULSE: That's a pergola. MR. LETOURNEAU: Pergola. MS. PULSE: And per Mr. Baldoni, that is removed. I have not observed that that is removed at this time. MR. LETOURNEAU: And what were the other items? MS. PULSE: You'll need to show the different -- MR. LETOURNEAU: Yeah. Just go back. MS. PULSE: That is the pool that shows there is a spa in March 28, 2019 Page 51 the pool. It was being resurfaced as well, and the realtor.com photo will show you what the pool used to look like. MR. LETOURNEAU: And then one more item, right? MS. PULSE: And then that structure was built for, I believe Mr. Baldoni said, his grill cover. MS. CURLEY: What's in that building? MR. BALDONI: Grill. MS. PULSE: He stated he built it for his grill, to cover his grill. MS. CURLEY: That's not allowed. MS. PULSE: Yeah. And here's the realtor.com photo showing that there was a waterfall where they are now -- where he is now creating a spa. CHAIRMAN KAUFMAN: What was the date of that photo? MS. PULSE: This photo, realtor.com? I don't have a date when it was actually listed on the website. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: The deed says the property was sold on December 4th, 2014. MR. BALDONI: That's correct. That's what it looked like when I purchased it. MS. CURLEY: And just a note to you -- on your deed it says that the county -- the property is located in Lee County, and that's a typographical error on your warranty deed. MR. BALDONI: Oh. Thank you. MS. CURLEY: Yep. CHAIRMAN KAUFMAN: Okay. Do you have anything else for us, Dee? MS. PULSE: That's all my evidence and my testimony. CHAIRMAN KAUFMAN: Okay, sir. March 28, 2019 Page 52 MR. BALDONI: So after the hurricane, my cage came down; suffered significant damage to my pool area, and I went through my insurance company. Was denied the claim. Said they don't cover the cage, whatnot. So I hired the contracting company, Reyes Construction, to come out and resurface the pool and remodel the waterfall into a jaccuzi, splash spa, and build me a grill and a pergola. We sat down and signed all the contracts, paid the fees and, of course, they were supposed to obtain the permits. Now, I travel a lot for work, so I wasn't following up. I had a lot of faith and confidence in them. They got about three-quarters of the way through. Neighbors called, complaint ensued, investigation follows, all of a sudden permits weren't pulled. Crisis ensues. I go bananas. They pull out, take off, leave me high and dry. So, you know, I ended up -- because it was a safety hazard, the pool was sitting there with no water in it, a friend of mine who's a contractor helped me finish up the pool area. I have gone five times down to see Paul Renald (sic) to try to get this resolved. Every time I go down, there's a different issue that needs to be overcome before I can move to the next stage. So in summary, where I'm at right now, is I've gotten the survey completed, I got the plans to the engineer, the engineer has drawn it up and will have it to me by Friday, tomorrow. At that point I could take the plans again for the fifth -- the sixth time down to Paul Renald for hopefully a final approval for a permit. So I've been in the process of trying to get this done. Every time that I have to go there, I have to take a day off of work. It's March 28, 2019 Page 53 a big problem. I always think that's going to be the end of it, and I get shown to the door and say come back with more information. It's very frustrating, but I am pursuing it. So I'm just asking for more time. I have everything I need right now to then take down to Paul Renald again. Hopefully I've met the criteria and, you know, it can move forward with the permits. CHAIRMAN KAUFMAN: So you're doing it by affidavit, actually? MR. BALDONI: Explain. CHAIRMAN KAUFMAN: In other words, you have an engineer that's drawing this all up. MR. BALDONI: That's right. He drew it up, he inspected it. He's definitely -- he gave me the letter -- first of all, I got that letter that says everything is up to code. That wasn't good enough. Now we need the plans, so he's drawing up the plans as well. CHAIRMAN KAUFMAN: Okay. Before one of our board members says that if you have this and it was your property and it was done, you can't do it by affidavit, I hope you don't run into that situation. Hang on one second, Sue. You agree with me? MR. ORTEGA: The permit you're trying to apply for is an after-the-fact permit? MR. BALDONI: I mean, I don't know what else do I have to do, right? So -- MR. ORTEGA: Okay. So the spa that was built, the rebar, the reinforcement was never inspected, right? MR. BALDONI: Correct. MR. ORTEGA: Okay. So it would have to be inspections by engineer, not a permit by affidavit. March 28, 2019 Page 54 Renald Paul, he's -- MR. BALDONI: He's an engineer. The guy who inspected it is an engineer. MR. ORTEGA: Renald Paul is a liaison between Code Enforcement and Collier County Building Department. He's not the person to go see. Maybe the person you need to see is a residential plans examiner to direct you as to what you need or don't need. MR. BALDONI: I'm following what you guys are telling me. So if that's what I have to do, I will do it. Like I say, the contractor not only did not finish the job, but ran off with my money. So I'm just trying to clean up the mess. MR. ORTEGA: Unfortunately, that's a civil matter. The Building Department doesn't get involved in that, unfortunately. MR. BALDONI: I understand. MR. ORTEGA: I do say "unfortunately." But that would be my recommendation, if I can make a recommendation. CHAIRMAN KAUFMAN: You've reported this to Contractors Licensing, I'm sure? MR. BALDONI: Yes, I have, and fortunately they are now out of business, so it doesn't matter. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Chairman, for the record, Jeff Letourneau, Collier County Code Enforcement. Mr. Baldoni, you stated that a contractor did all this work? MR. BALDONI: Reyes Construction. MR. LETOURNEAU: Because I'm looking at the Contractor Licensing case that was -- originated before our case that got turned over to us, and it says the investigator was out there, and he met with homeowner, Mr. Baldoni, and he stated that he was resurfacing his pool himself; however, he had called a March 28, 2019 Page 55 few companies to get quotes. He also stated that he had built the permanent pergola in the back of the house which he believed did not need a permit. So, according to the input from the Contractor Licensing investigator, Mr. Baldoni told him that you did the work yourself. MR. BALDONI: No. I told him I was getting the work bidded out. It's a misunderstanding. When he came to the house, you know, and when he was asking me questions, I was stunned as to there were no permits pulled initially, and then when he came back and asked me, I said, look, I'm trying to get this bidded out. So I guess there was just miscommunication there, because I don't have the skills to do that. Reyes Construction's the one who did it. I have pictures of it all along the way of it being done by them. CHAIRMAN KAUFMAN: You signed a contract with them? MR. BALDONI: I have a contract with them, yes, but it's -- it was one that's modified along the way so, as we're going along, add this, add that, but that was never put in, just the original work to get the screen off of the pool and the pool started to be repaired. CHAIRMAN KAUFMAN: Okay. So we're to the point of whether a violation exists or not. Anybody want to take a stab at that? MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. March 28, 2019 Page 56 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. A violation exists, let's see what we can do about it. Dee? MS. PULSE: It is recommended that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy for pergola, shed, and spa added to pool within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Number 2, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a stab at filling in the blanks? I know that you're working on it now. We're just trying to figure out how much time that we need March 28, 2019 Page 57 to give you to get it done. Do you have any idea of -- before we fill in the blanks, has anybody told you how long it's going to take to get this resolved? MR. BALDONI: I'm sorry. In what capacity? Stuff that I need or -- CHAIRMAN KAUFMAN: The stuff that you need to do to have the permits for all the violations approved. MR. BALDONI: So as of tomorrow, I will have everything I need to then go back down and try to get the permits. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So, I don't -- CHAIRMAN KAUFMAN: It has to be -- not just pull the permits, but have the work completed. It looks like most of the work is already completed, so that should be a shorter time frame. Yes, Sue. MS. CURLEY: This -- I feel bad for you. It's terrible. It's awful. MR. BALDONI: I lost thousands -- a thousand dollars, and then dealing with this the whole time. But I just want to get it done, like everybody else in this room. We just want to get it behind us and move forward. So -- MS. CURLEY: Just please make sure you file the proper complaints with the DPR, the state. It will help for the next person so this won't happen -- MR. BALDONI: This company, Reyes Construction, has gone out of business. MS. CURLEY: But man -- those people, you can still file complaints about individuals as well. MR. BALDONI: Oh. MS. CURLEY: Yes. March 28, 2019 Page 58 MR. BALDONI: Thank you. MS. CURLEY: So I'll take a stab at No. 1; I'll give him 200 days, and a fine of $50 per day. CHAIRMAN KAUFMAN: Why don't you do it -- 200 is an unusual amount of days. MS. CURLEY: I know. CHAIRMAN KAUFMAN: Do 180, or multiples of 30 works well. MS. CURLEY: It's just a nice round number. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: How about the operational costs? MS. CURLEY: Operational costs should be paid, as stated, within 30 days. 59 -- CHAIRMAN KAUFMAN: $59.56 within 30 days. Okay. MR. DOINO: Second. MR. ORTEGA: Could you repeat your -- MS. CURLEY: Yes, sir. Obtaining all required Collier County permits or demolition permits, inspections, certificate of compliance/occupancy for pergola, shed, and spa added to the pool within 200 days of this hearing, or a fine of $50 per day will be imposed with the violation -- until the violation is abated. CHAIRMAN KAUFMAN: Okay. Any comments on that? (No response.) CHAIRMAN KAUFMAN: Do we have a second on it? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any other comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. March 28, 2019 Page 59 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You should have plenty of time -- MR. BALDONI: Yes, sir. CHAIRMAN KAUFMAN: -- to get this done. MR. BALDONI: Thank you. MS. CURLEY: And also, this contractor, he has had to take out a surety bond in order to operate in this state, and that bond has a seasoning time after he goes out of business that -- MR. BALDONI: I'm sorry. What is it called? MS. CURLEY: Surety bond. MR. BALDONI: Thank you. MR. LETOURNEAU: One more thing. If you can go see Mr. Evy Ybaceta down at the Building Department, he's the Contractor Licensing supervisor. I would definitely make an appointment with him and talk it over about that Reyes Construction, and maybe he can help you out a little bit. MR. BALDONI: Yeah. I will definitely do that. Thank you. MR. LETOURNEAU: Okay. MS. CURLEY: Good luck. CHAIRMAN KAUFMAN: Okay. Fingers. Terri, breaktime? Okay. We're going to take 10 minutes. March 28, 2019 Page 60 (A brief recess was had.) CHAIRMAN KAUFMAN: Okay. I'd like to call the Code Enforcement Board back to order. MR. LETOURNEAU: So, Mr. Chairman, the next case up is No. 9, the Longshore Lake case. I believe they're working on a stipulation out there right now, so we'd like to skip over that one and move on to the next one and then bring that one back as soon as they come back in. MS. GONZALEZ: And we have -- Mr. Chair, we have one more change to the agenda. Another case has been withdrawn, Item No. 7 under imposition of fines. It's Case CEROW20180004006. CHAIRMAN KAUFMAN: Seven is good enough. We don't need all the numbers. MR. LEFEBVRE: Make a motion to amend the agenda -- MR. DOINO: Second. MR. WHITE: Second. MR. LEFEBVRE: Hold on. I'm not done. To move No. 10 -- CHAIRMAN KAUFMAN: I didn't recognize you, so it doesn't matter. MR. LEFEBVRE: Move No. 10 up and then hear the stipulated agreement for Longshore Lake, and then also No. 7 from imposition of fines is being withdrawn. CHAIRMAN KAUFMAN: We have a motion. MR. DOINO: Yep, second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. March 28, 2019 Page 61 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GONZALEZ: The next case we have is under imposition of fines and liens, Item No. 5, Case CESD20170016916, Neysis Rodriguez at 1680 Randall Boulevard in Naples, Florida. CHAIRMAN KAUFMAN: So other than the case that's out in the hall, all the other folks that are here, these are all under imposition? MS. GONZALEZ: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Number 5. CHAIRMAN KAUFMAN: Number 5. (The speakers were duly sworn and indicated in the affirmative.) MS. RODRIGUEZ: My name is Neysis Rodriguez. CHAIRMAN KAUFMAN: Okay. You want to move the microphone over to you; that way we can hear you. If you want to sing, we'll be able to hear that song clearly. Okay. Tony. MR. ASARO: Good afternoon. Tony Asaro with the Collier County Code Enforcement. CHAIRMAN KAUFMAN: It's still morning, but don't worry about it. MR. ASARO: Good morning, I'm sorry. I'm losing track of March 28, 2019 Page 62 time. Board of County Commissioners versus Rodriguez. Violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i) and 1.04.01(a). Property location is 1680 Randall Boulevard, Naples, Florida; 37861480007. Description is unpermitted structures on the property and expired pool permit, No. 93007170. Past order: 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 3608 for more information. On August 23rd, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5549, Page 952, for more information. The violation has not been abated as of March 28th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from August 23rd, 2018, to March 28th, 2019, 217 days, for a total fine amount of $54,250. Part C of the order: Fines have accrued at a rate of $500 per day for the period from November 24th, 2018, to March 28th, 2019, 124 days, for a total fine amount of 62,000. Fines continue to accrue. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing is $59.49. Total amount is $54,309.49. CHAIRMAN KAUFMAN: Okay. Good morning. MS. RODRIGUEZ: Good morning. March 28, 2019 Page 63 CHAIRMAN KAUFMAN: You are here to request some activity from the Board? What would you be looking to do? MS. RODRIGUEZ: Today I need to find me a waiver. CHAIRMAN KAUFMAN: I don't understand. MR. ASARO: I think she's requesting that the fines be waived. CHAIRMAN KAUFMAN: Okay. Is this still in violation? MR. ASARO: Yes, it's still in violation. CHAIRMAN KAUFMAN: We couldn't -- MS. RODRIGUEZ: Now, in this moment, I continue it, work to work. It's too hard. The property is very big one. The project is little by little bad. The new project in my home, they said whatever I put in my home new, okay, is -- before I buy my home is the permit. Another, I work to hire Octavio Sarmenta work of this and everything around my property. I think so. I buy another property behind my home for -- for starting the calling (sic) with the construction. I buy another property behind my property, because the property before, when I buy, this story (sic) in the property, but never legally. In my pool, for 20 years before I buy my home, no have any record in the Collier County. So that's a big problem. I tried to work on this prior, but I don't finish really. I need, it's possible, more extension because -- CHAIRMAN KAUFMAN: Okay. So you're requesting? MS. RODRIGUEZ: I try to work. CHAIRMAN KAUFMAN: You're asking for an extension of the order that dates back to May, I believe. May 24th of last year, almost a year. At that time you were given 90 days or $250 fine to come into compliance. March 28, 2019 Page 64 Has anything been done to change the property from what it was a year ago to now? MS. RODRIGUEZ: Yeah, I understand. CHAIRMAN KAUFMAN: Okay. Has there been any change since last year? MR. ASARO: There was. There was a permit that was applied for for the new metal shed, the green one, but it's in reject status, so -- but as far as everything else, no. Last conversation I had a while ago with Octavio, that he says he was going to get all this -- help her get everything permitted as fast as he could. So that was the last conversation I had. MS. RODRIGUEZ: It's because really -- it's hard job, because it's everything -- I buy this home con this problem, you know, but every day is work, work, and never found any paper in the Collier County. That's the problem. It's long time, you know, have my permit. You know, no have any paper. The pool, only one paper founding. I said, that's impossible because I buy my home with this pool. I buy my home with this building. And now I no have any paper in the Collier County. No founding. CHAIRMAN KAUFMAN: It appears then, if that's the case, that maybe the people that you bought the house from didn't apply for permits at the time. Unfortunately, when you buy the house, you buy the problems, too. MS. RODRIGUEZ: Exactly. I understand the situation. I no say, I no no knows (sic). I knows the situation. But when I buy my homes, every inspection pass, but it's impossible because the bank prove it. My press them on everything. They no have any inspection. I don't know, because I go to Collier. It don't found, it don't found. It's crazy. It's really crazy this situation. March 28, 2019 Page 65 CHAIRMAN KAUFMAN: Okay. Sue, you had a question? MS. RODRIGUEZ: I tried to do -- you know, finally, but it's a lot of money. Don't found it. He don't found it. You pay and pay. Nothing. Engineer -- I go to the people get fix (sic) my plan in 1994, don't found it. No records. CHAIRMAN KAUFMAN: Okay. Let me ask a couple of quick questions so that I can understand better. There's a shed that wasn't permitted; is that correct? MR. ASARO: Yes. MS. RODRIGUEZ: The shed I pull I am. No -- CHAIRMAN KAUFMAN: Okay. Let me just ask the county, because they're the ones who are alleging these facts. MS. RODRIGUEZ: Okay. CHAIRMAN KAUFMAN: So there's a shed without a permit. MR. ASARO: Right. A little makeshift structure with a roof on it that has no permit. The pool permit is expired. There's a structure way in the back that's not permitted, and then there's also a storage container that's on the property that is not permitted, but that may be a zoning issue. Permitting doesn't have a problem with it, but it may be -- zoning may have a problem with it. CHAIRMAN KAUFMAN: Is that part of it? MR. ASARO: Yes, it's all part of this. CHAIRMAN KAUFMAN: Okay. MR. ASARO: And it's a big project. I mean, Neysis's been such -- I mean, she's the nicest person you ever want to meet. And I thought Octavia was helping her out with this, but when I talked to her last, she says nothing's been done, so -- in the last conversation, I even sat with Octavio at her house in her March 28, 2019 Page 66 backyard, and he explained what he was going to do. CHAIRMAN KAUFMAN: Okay. So we're here now. This is a request to grant a continuance on the imposition of fines, if I'm -- if I have this right. Do we have any questions from the Board on this situation? MS. CURLEY: I have a couple random questions. She spoke about the rear parcel of property or something, and so just for some point of clarification, do you know if that back piece of property was owned by the previous owners, and could those permits be associated with neighboring properties, or has anyone done any of the homework? MR. ASARO: Oh, it's all on one property, so -- that's all one property. MS. CURLEY: I thought she was talking that she was moving to a property behind her. MR. ASARO: I'm not sure if you were buying a new property. She's buying another property -- MS. RODRIGUEZ: Yes, behind -- MR. ASARO: -- behind the property that she's owned -- she's buying a property, what I gather, behind the property that's in violation that she's -- at 1680, she's buying a property behind 1680. MS. CURLEY: She's going to abandon this property then? MR. ASARO: No, I don't think she said that. CHAIRMAN KAUFMAN: Why don't you ask the respondent, Sue. MS. CURLEY: Are you going to move? MS. RODRIGUEZ: No. I don't move, but I have a little building that too close on the frames (sic), a half -- I need two more feet for legal this building, you know. MR. LETOURNEAU: It doesn't meet setbacks. March 28, 2019 Page 67 MS. RODRIGUEZ: I have tried to the owner of another property at the back of my home of my property, is possible can she sell me. I try, you know. MS. CURLEY: Oh, okay. MS. RODRIGUEZ: I try, because I need -- her family, her son, I don't know exactly, coming Florida for sign the papers. MS. CURLEY: So then my other question to the county is when you say it's an expired pool permit -- so there was a permit pulled. MR. ASARO: Right, but it's -- MS. CURLEY: And it was just, obviously, finished without -- MR. ASARO: Without getting the inspections. MS. CURLEY: And how is that -- is that an exercise that's unusual that -- MR. ASARO: No. It's just the contractor who pulled the permit didn't follow through, didn't call in for the final inspection, obviously. MS. CURLEY: So we see that a lot where you would have to get somebody to do an inspection after the fact and -- MR. ASARO: It happens with pools -- MS. CURLEY: Is that what you're expecting this owner to do, and it's just not getting done? (Simultaneous speakers speaking.) MR. LETOURNEAU: She'd have to get that permit reactivated and inspected and then get the CO on it. MR. ASARO: That's what Octavio's -- we're hoping to -- CHAIRMAN KAUFMAN: When was the pool work done? Before you owned the house? MS. RODRIGUEZ: Before I buy my house. CHAIRMAN KAUFMAN: Okay. March 28, 2019 Page 68 MS. RODRIGUEZ: Before they -- the permit, when I go -- I found one paper in the Collier County, is the 1994 Sangel (sic) the construction my house. That's another owner. I buy my house in 2000, so... CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: That's really hard, but don't found any papers. That's really hard. MS. CURLEY: But this code case started in 2017, so we've had two years. CHAIRMAN KAUFMAN: Correct. MS. RODRIGUEZ: Yes. The problem is, when you find -- no founding the paper. MS. CURLEY: No, I don't -- MS. RODRIGUEZ: When you not founding the paper, that's too hard, but where I going, you know? CHAIRMAN KAUFMAN: Okay. The permit for the pool was pulled by the previous owner; is that correct? MR. ASARO: Yeah. It was pulled by the previous owner, but it's never been finaled. CHAIRMAN KAUFMAN: Okay. And was that done by a licensed contractor, the previous -- the permit on the pool? MR. ASARO: I don't have that information available. I'd have to look at it. MR. LETOURNEAU: I imagine it was a contractor. There's not too many homeowners that install their own pools but, yeah, I'm sure it was a contractor involvement in 1993 with this pool. CHAIRMAN KAUFMAN: Okay. But nothing has been done to your knowledge -- MR. ASARO: No. CHAIRMAN KAUFMAN: -- to rectify the situation here? March 28, 2019 Page 69 MR. ASARO: That's correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: And just one more point of clarification. What was the original complaint here? It obviously wasn't an unpermitted pool. Was it the -- MR. ASARO: Oh, it was structures on the property without permits. MS. RODRIGUEZ: That's really hard. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: Let's try to tackle it one by one. On the pool itself, is there any -- was there any inspections completed at all? Does it show? Does the county have any information on that? Are we just looking for a final? MR. ASARO: We're looking for a -- well, to reactivate it. It's -- it needs to be reactivated, and then it has to go through the process of inspections. MR. ORTEGA: That's exactly what I'm asking. MR. ASARO: Yeah. MR. ORTEGA: Were there any inspections done? MS. CURLEY: At the time of the permit expiring, what was the status of that permit? MR. ASARO: That information -- I think I gave that information when we brought it to the hearing before. MR. ORTEGA: If inspections were done and the thing you're missing is a final, it might be easier than you think, or for her. MR. ASARO: Right. MR. ORTEGA: With regards to the structures, am I to March 28, 2019 Page 70 understand -- and I'm asking this for clarity for the Board -- she's purchasing the property in the rear to make the rear structure compliant because of setbacks? And she's going to join the two? MR. ASARO: I'm not sure if I understood that. MR. ORTEGA: I kind of understood that. MR. ASARO: Is that what you understand that to be? MS. CURLEY: She said the people behind her's son owned the property. MR. LETOURNEAU: I think that from what I gathered there was a setback issue, and then she had to buy a piece of that property in the back right there. That's what I thought she was saying. MS. RODRIGUEZ: Yeah. MR. LETOURNEAU: And that the son was negotiating the deal for the parents. MS. CURLEY: But it's not done yet. MR. ORTEGA: One more thought. On these other structures, some of these may not be compliant setback-wise, elevation; it might be a moot point. MR. ASARO: Yes. MR. ORTEGA: Has anything been done with that? MR. ASARO: Nothing's been done yet, no. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: So we're in a position right now -- this is the imposition. We're not here to hear the case again. MR. ASARO: Right. CHAIRMAN KAUFMAN: And it's still in violation, and it's been in violation for two years. If we granted a continuance, in all likelihood, if I go back to past history, it won't be in compliance six months from now or a year from now. I don't March 28, 2019 Page 71 know that the respondent has the sufficient funds to do everything that needs to be done. That's what I'm guessing. So it's a case of do we -- you cannot close this. You can continue it and you can continue it to -- where the fines continue to accrue, or you can impose the fines. I think that's what we have in front of us right now. I don't think there's anything other than those two things that we can do. MS. CURLEY: So the only -- it's not just the pool that's not done. All the other buildings are still -- MR. ASARO: Everything's still in violation. MS. CURLEY: I make a motion to impose the fines. CHAIRMAN KAUFMAN: Okay, let me make one comment on that. This, undoubtedly, would get pushed to the county commissioners with a fine that's this big for smaller items than you would think so that I understand to impose. Do you want to impose the entire fine, or do you want to impose part of the fine? I just want to bring that up. MS. RODRIGUEZ: I need it. MS. CURLEY: I'm just looking down the road. Impose -- you impose the whole fine, and 15, 20 years from now when the property turns hands, the county will get their fine, and the person that buys the property will know, after they see this of record, that the pool is going to have to be demoed and start over or something, but I just don't think it's okay to not -- we've seen a lot of people come here who go and take the time to learn, and it doesn't always cost money to learn, but it's just a few good questions and some assistance helps, but two years, it's -- that's just too long -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- for all of the -- if there was one matter left on the table, it would be completely different. March 28, 2019 Page 72 CHAIRMAN KAUFMAN: Okay. So we have a motion to impose. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Crickets. MS. CURLEY: I mean, what are we here for? CHAIRMAN KAUFMAN: Okay. The motion fails. Do we have somebody who would like to make another motion? MR. LEFEBVRE: I'm rather conflicted in this because on one hand nothing's been done, and there's certain things that could have been done probably in a relatively easy fashion, like getting the pool permitted, re-activate the permit and go ahead and move forward. There doesn't seem like there's been any kind of movement to try to correct -- maybe take these items one by one and get them corrected, so I'm a little bit -- and, again, I'm afraid to give more time because I'm not sure if anything's being accomplished. The conversation you had with, you said, Octavia (sic)? MR. ASARO: Yes. MR. LEFEBVRE: How long ago was that? MR. ASARO: I think that was about, maybe six, seven months ago. It was a while ago. It was a few months ago. MS. CURLEY: So May 24, 2018 -- MR. ASARO: When I talk to him, he says that he was going to help her through the permitting process. There was setback issues, so we -- he explained all that to her, and that was the last conversation I had with him. MR. LEFEBVRE: I mean, the other option with some of these items is to demo the buildings and so forth. So we always give people options, and she's not done anything. She's just been frozen. March 28, 2019 Page 73 MR. ASARO: She might have been -- I think she's been relying on Octavio. MS. CURLEY: But he's not -- Octavio is not her employee. And she signed this document saying that she would -- and agreed to 90 days at a $250 fine per day on May 24th, 2018, and the staff of the county is here to aid us but not to do the work for her. MS. RODRIGUEZ: The problem is, I repeat, when you go to paperless in the Collier County, no have any paper of my property. No have any paper. No have permit. No have nothing. The paper is really delete, don't -- nothing. MS. CURLEY: We don't know that. We're not being told that. The county told us that there's a permit from 1993 that's there that you can work on, and you're not working on that, so don't say that there's not any paperwork when the county has told us that there is a permit that needs to be reactivated, and then you can move forward with that. But you've decided that that's too much work for you, and -- MS. RODRIGUEZ: Okay. MS. CURLEY: -- so it's taken -- we've given you 10 extra months, and now you've not done it. Line No. 4 of the stipulation that was signed in 2018 also says if the respondent fails to abate the violation, the county may be able to abate it using the method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office, this paragraph that we see often, but we still have buildings that are in -- not in compliance and things that are on easements and right-of-ways and pools that aren't right. So what's the point of adding that paragraph? CHAIRMAN KAUFMAN: So what I see right now is I understand your position, and Mr. Lefebvre's position is not March 28, 2019 Page 74 unlike yours except for maybe the amount of the fine. Do we have any other comments from the Board? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: I make a suggestion to give her 30 days to get her affairs in order with regards to Octavio of a game plan set and come back to the Board before imposing that. MR. LEFEBVRE: Withdraw the case. MS. CURLEY: Well, she has to hire a professional to help her, because there's obviously some barriers here whether it be the language or the assistance, but she can't rely on the -- she's blaming the county and Octavio, whoever this person is, for her not doing anything for the last 10 months. It's not fair. CHAIRMAN KAUFMAN: Okay. Now, what you're saying -- your suggestion -- I don't know if you want to put it in a motion or not -- is to grant a continuance of 30 days. We're in the imposition there, so we're not doing a whole new order. We can extend this 30 days, and then she comes back and says what's been done. Our questioning to the respondent basically says nothing's been done. So for two years nothing's been done. So I don't know that giving 30 days more is going to change much, but hope is eternal. MR. ORTEGA: I agree with that, Chairman, but then, again, if she understands clearly -- and I don't know that she does -- where she stands -- and maybe it can be explained to her that either she's going to have to do this or this is going to happen, like 50-some-odd thousand dollars. So an extra 30 days, I don't think it's going to kill anything or anyone to give her the opportunity so that she's in a position she clearly understands what happens if she doesn't move forward. March 28, 2019 Page 75 Now, yes, we've given her two years, three years, whatever, but, again, it's a hefty fine. Some of these items, I don't think it's going to take a lot to repair them or to correct them, whether it's a demolition permit, whether it's an alteration permit, we're bringing up permits to date. It's not. But somebody has to engage it. It must be the owner, whether it's going to be Octavio or whoever it's going to be, but that has to happen. I suggest that we give her 30 days and make that happen. CHAIRMAN KAUFMAN: You're making a motion to grant -- MR. ORTEGA: Make a motion -- CHAIRMAN KAUFMAN: -- the 30-day continuance. MR. ORTEGA: -- to grant her 30 days. CHAIRMAN KAUFMAN: Thirty-day continuance. MR. ORTEGA: Continuance. MS. ELROD: Second. MS. RODRIGUEZ: Excuse me. CHAIRMAN KAUFMAN: That's a -- and we have a second. MS. RODRIGUEZ: Excuse me. CHAIRMAN KAUFMAN: I'm trying to do this one voice at a time so that Terri doesn't beat me up after this meeting, like she did Mark. Okay. So we have a motion, we have a second. Any discussion on that motion? MS. CURLEY: Well, I mean, I get it. I get what you're trying to do, because it seems like it's easy for you because you're a proactive citizen, but some people just aren't proactive about it, and I feel like this is the case here. So I'll agree to a 30-day extension if we don't abate any of the fines in 30 days if she comes back with nothing done. March 28, 2019 Page 76 CHAIRMAN KAUFMAN: That will be something that happens a month from now. MS. CURLEY: I want to make sure that this board remembers this. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: Excuse me. I need another -- CHAIRMAN KAUFMAN: Hold on. Hold on. We have to vote. We have a motion. Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. What we've done is given you 30 days to come back with probably a plan that on this day this is going to be done, on this day this is going to be done. And if it's the same situation, Ms. Curley said we're going to impose the fine. So we'd have to vote at that time. So you have 30 days to get in contact with whomever you need to get in contact with to resolve this situation. MS. CURLEY: Let me ask. Do you not want the 30 days? Would you just rather us impose the fine now? Because you're shaking your head. MS. RODRIGUEZ: It's a really hard, but... MS. CURLEY: It's been two years. MS. RODRIGUEZ: I know. I understand. But I don't March 28, 2019 Page 77 know where finish, but I need one alternative for my property. MS. CURLEY: Well, I wouldn't buy any more property until you sort this one out. Just a recommendation. CHAIRMAN KAUFMAN: Okay. MS. RODRIGUEZ: What you think? CHAIRMAN KAUFMAN: Take the 30 days. See what you can get done, and come back before the Board and let us know what you've done. For two years nothing has been done. MS. RODRIGUEZ: It's a lot of work, but nothing finish. CHAIRMAN KAUFMAN: Right, exactly. So something has to be done in the next 30 days. Okay. MR. ORTEGA: Mr. Chairman. CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: I'm addressing Tony. I think it's important that she understands, because I still don't believe she understands. Okay. (Simultaneous speakers speaking.) MR. LETOURNEAU: I've asked Cristina to meet her out in the hallway after here and just try to maybe talk to her in Spanish, and -- MR. ORTEGA: Thank you. And it's not just about having a game plan. It's hiring the individual within 30 days that starts the process. MR. ASARO: Yes. MR. ORTEGA: So when you come back to the Board we can clearly see that something's being done. CHAIRMAN KAUFMAN: Okay. We're done. Okay. Thank you. MS. RODRIGUEZ: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Cristina is going to talk to you outside. March 28, 2019 Page 78 Has that stipulation been -- oh, Cristina is doing the stipulation, or it's done already? MR. LETOURNEAU: No, I believe Dee's going to do the stipulation. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: This is for Case No. CESD20180010012, Longshore Lake Foundation, Inc., at 11399 Phoenix Way, Naples, Florida. CHAIRMAN KAUFMAN: What's the -- No. 1, 2, 3, 4? We don't care about the other numbers. That's how we find -- MS. BUCHILLON: Number 9. CHAIRMAN KAUFMAN: Number 9, okay. MS. GONZALEZ: I apologize. CHAIRMAN KAUFMAN: That's okay. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Give us one minute. Okay. This is multiple sheds, canopy, et cetera, et cetera. Do you want to read the stipulation into the record, Dee? MR. LETOURNEAU: Before we get started, I do think that we have a citizen that would like to speak on this case at some point. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So I don't know whether you want -- you know, when you want to hear this person. CHAIRMAN KAUFMAN: Either -- we can hear it right now. MR. LETOURNEAU: Right now, or you want Dee to do her spiel? CHAIRMAN KAUFMAN: Well, why don't you read the case in, then we will hear from the citizen, and we'll go from March 28, 2019 Page 79 there. Can you both state your name on the microphone. MR. BRACCI: Steve Bracci, attorney for Longshore Lake Foundation, Inc. MS. LUSTER: Lisa Luster, interim general manager. CHAIRMAN KAUFMAN: You can probably put that microphone up. You're tall people. Okay. The citizen here is -- why don't you come on up. He's in the back in the white shirt. MR. SMART: I assume that's me. Thank you. CHAIRMAN KAUFMAN: Before you testify, I want to read into the record the description of the violation so we know what we're talking about. You can come up to the microphone, though. It says, multiple sheds, canopy sheds (sic) installed on tennis courts. No Collier building permits obtained, and there's permit numbers, and they're all expired and need to be completed to obtain this CO. Okay. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Can you state your name on the microphone for us. MR. SMART: Certainly. My name is Sam Smart. I'm a resident of Longshore Lake. And some sheds appeared, and I contacted the county to ask, you know, if these were proper and if they'd been permitted, and Dee became involved. And on August 7th, which is quite an extensive period of time long ago, it was determined that there was a shed that had been placed in front of the tennis courts along Phoenix Way, which is a major road in Longshore, and that Dee investigated that there had been no permit and a permit was required. March 28, 2019 Page 80 And she went back on August the 13th to find that a second shed had been placed next to the first shed, and I believe that there are photographs of those. So Dee could probably show you exactly what we're talking about here. Absolutely nothing was done to rectify this situation. And there's an extensive record of contacts that Dee had with the community, and it spanned over six months, and finally on January the 8th a citation was issued, and there was compliance required by February the 11th, and here we are end of March, and nothing has been done. The sheds are utilized as a maintenance shop. Materials and equipment are staged around the sheds. It's a mess. Ladders, pallets, tarpaulins. This morning as I left the community there was a golf cart parked out in front of these two sheds where workmen kind of use as, again, a maintenance shop. And the community covenants prohibit such free-standing structures. They prohibit the use of them as a business, I guess, or -- they're not supposed to exist in the community. The clubhouse was designed for commercial business activities and has a loading dock on the west side; trash dumpsters are located in that area. So they've moved these -- their work area and, again, it is a work area for storage sheds, and they're improperly positioned, have been, and the situation has been ignored completely by the foundation. Most significantly, the sheds represent a nuisance and a potential hazard. I don't know what is stored in these sheds; chemicals, whatever, paint solvents, insecticides. Again, I don't even know exactly all the purposes that the sheds are used for. And it's been kind of a long process. And, again, end of March, and nothing has happened. The sheds still exist. Dee has been working with the Foundation. We shouldn't March 28, 2019 Page 81 be here today. There should have been some remedial action taken. And, again, the sheds remain. And I would urge that the code compliance commission allow 10 days for these sheds to be removed. If they're not removed, then there should be a fine imposed of $1,000 a day. And, again, I -- you know, be interesting to hear other comments, any other reasons why these sheds should be allowed to continue to exist. And I guess I should add that in reviewing these sheds, there have been numerous other violations cited and found, and I guess this investigation expanded. I heard the word used "canopies." The community for a long period of time has totally seemingly ignored county codes and building permits, and it's gotten to kind of a tragic situation. And, again, the sheds are -- CHAIRMAN KAUFMAN: I don't want to interrupt you, but I was going to ask, have you spoken with the association and, if so, what have they said to you? MR. SMART: I raised the issue with the county, and I've stood back for months, allowed the county to talk with Longshore. I mean, I can't tell the association or Foundation what they should and shouldn't do. I mean, I can't tell them that these sheds should not be there. The county can. CHAIRMAN KAUFMAN: But I'm just asking if you, at any time, had gone to the association and said something to them. MR. SMART: And I'm going to say no. CHAIRMAN KAUFMAN: Okay. MR. SMART: I mean, there's not been a real dialogue between me and them, and I think it would have been kind of confronta -- they do what they want. And there's been -- there have been a lot of problems in the association. The manager March 28, 2019 Page 82 recently retired abruptly. There's been a new controller. I mean -- CHAIRMAN KAUFMAN: I understand. We've got it. MR. SMART: So it's like who do you talk to, and do you believe what you're told, so... CHAIRMAN KAUFMAN: Okay. Now, Dee is going to read a stipulation, which is an agreement between the county and the respondents as to what they agree to. Why don't you do that now, and then we'll hear from the association. MS. PULSE: Okay. Good morning. For the record, Dee Pulse, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for sheds, canopies, and invalid permits within 180 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request 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. March 28, 2019 Page 83 CHAIRMAN KAUFMAN: Okay. Do you have the pictures? Because I'm looking at 180 days. Six months seems to be a long time to remove some sheds. I just wanted to know the scope of it. MS. CURLEY: I agree with you, too. While they're prepping the -- while they're looking at the pictures, we should be aware that June 1st is the beginning of hurricane season, and that's 65 days from now. CHAIRMAN KAUFMAN: Okay. Cristine -- Cristine, and then Ryan. (The speaker was previously duly sworn and indicated in the affirmative.) MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement. Before we move forward, because we're not hearing the case, we're here to present the stipulation agreement. CHAIRMAN KAUFMAN: Correct. MS. PEREZ: The time frame that was allocated is because this is a community, they have to hire a contractor. It's not a homeowner that could go in, apply for a permit, and move on. They have to also do an insubstantial change to their Site Development Plan, which that process itself could take, from what they've been told from county staff, up to three months to just go through the insubstantial-change process. After they get that process approved, then their contractor would have to come in and apply for the permits, do the inspections, and so on. And then, additionally, there is some work that needs to be done to the canopies in order to bring them up to code, so those permits also would have to be obtained. MS. CURLEY: But my question to you -- and I know we're March 28, 2019 Page 84 not hearing this case -- is, well, the Foundation didn't install those, so what shed company installed those without a permit? MS. PEREZ: The Foundation did install them. The complication in this case is that the same staff that's working on this now who has been diligent since they've taken over their foundation, the acting general manager and some of the other staff members, are new. So since Lisa's been on board, she has been working diligently to hire people, get vendor quotes, and has come in and talked to county staff as far as what they have to do, so -- MS. CURLEY: So I guess my question -- I'm sorry I didn't explain myself. Those are sheds that were put up by a contractor without a permit, right? MS. PEREZ: Right. They were put up by someone without a permit. MS. CURLEY: Take them down. CHAIRMAN KAUFMAN: You need a permit. I understand. MS. CURLEY: That's not our -- CHAIRMAN KAUFMAN: If I didn't say it, Herminio would have. MS. CURLEY: Call the company that put them up and tell them to take them down, and then put in a permit for that. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I do think -- to piggyback on what Cristina was saying is that there's been some turnover in between when this case started and when -- where we're here right now. I think Cristina stated that the people that have taken over have been working with us. It's just that the whole process has been taking so long, we had to bring it to a hearing at this point. The county feels that six months is sufficient for what they March 28, 2019 Page 85 need to get done here. They want to keep the sheds. They want to keep the canopies. They don't want to remove them, so they have to do probably a Site Development Plan, and that's going to take some time, as Herminio will be able to tell you here. MS. CURLEY: Well -- but, also, you have a homeowners' association, right? And do you have subassociations for the condominiums or villages' homeowners? MS. LUSTER: Just one. MS. CURLEY: So this requires a vote of the community to modify their area like this. This isn't -- MR. BRACCI: With all due respect, I mean, typically don't you -- I mean, the stipulations -- when people typically come up here with a stipulation, there really isn't a discussion on the merits, is there? It's more a function of the county staff making a proposed stipulation. We're now kind of -- I mean, are we going to be providing testimony with -- in support of this or not? CHAIRMAN KAUFMAN: No. Typically, when you have a stipulation, both parties agree to do whatever. The Board can accept the stipulation or not, so that's why this little discussion is going on. We're not here to hear the case again. That's already been heard. It was found in violation. MR. BRACCI: No, no. MR. LETOURNEAU: It hasn't been. CHAIRMAN KAUFMAN: Oh, this was not heard. Excuse me. I thought this goes back farther. No, okay. This is January, I believe, 19th. MS. CURLEY: So, in other words, we do, as a board, have the right to discuss the stipulation, because we can agree or not agree to it. CHAIRMAN KAUFMAN: That's correct. MR. BRACCI: Then we need to be able to put on our case. March 28, 2019 Page 86 CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: I have a question. Who is Sharon Goodlette? MS. LUSTER: She retired. She was the general manager for 12 years. MS. CURLEY: And is there a company that's the property manager there or -- MS. LUSTER: No, we're in-house. MS. CURLEY: Self-managed. MS. LUSTER: Uh-huh. CHAIRMAN KAUFMAN: Okay. So we're to the point of whether we want to accept the stipulation as written or not. MS. CURLEY: No. They need to hire a property management company. CHAIRMAN KAUFMAN: Do you want to make a motion, Sue? MS. CURLEY: I don't like the stipulation. CHAIRMAN KAUFMAN: Then you make a motion to deny it. MS. CURLEY: I make a motion to deny it. CHAIRMAN KAUFMAN: Okay. Is there a second? (No response.) CHAIRMAN KAUFMAN: Hearing none, the motion fails. Does somebody else want to make a motion? MR. ORTEGA: I make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion -- MS. ELROD: Second. CHAIRMAN KAUFMAN: -- to accept the stipulation and -- MS. ELROD: Second. March 28, 2019 Page 87 CHAIRMAN KAUFMAN: And a second by Kathy. Any discussion on that? (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. MS. CURLEY: Opposed. Excuse me; one nay. MS. LUSTER: Thank you very much. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: Next case is under imposition of fines and liens, Item No. 6, CENA20180012534, property owner, Evergreen Trust at 4710 Lakewood Boulevard, Naples. I believe we have a speaker on this case, and Mr. Zimmerman signed in and Ann McIntyre. (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. ZIMMERMAN: Yes, Jeffrey Zimmerman. CHAIRMAN KAUFMAN: Okay. And you're here to speak on this. MR. ZIMMERMAN: Yes. March 28, 2019 Page 88 CHAIRMAN KAUFMAN: Okay. And this was the Evergreen Trust, if I'm not mistaken. Okay. Joe, you want to read this? MR. MUCHA: Yes. For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CENA20180012534 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Violation location is 4710 Lakewood Boulevard, Naples; Folio No. 54000160006. Description of the violation is weeds over 18 inches throughout the property, and it was a reoccurring violation. Past orders: On October 26th, 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 Board, OR5567, Page 3042, for more information. Violation has been abated as of December 12th, 2018. Fines and costs to date are as follows: Fines have accrued at a rate of $50 per day for the period from November 10th, 2018, to December 12th, 2018, 32 days, for a total fine amount of $1,600. Previously assessed operational costs of $59.33 have not been paid. Lot mowing abatement costs incurred by the county of $225 have not been paid. Operational costs for today's hearing is $59.28. For a total fine amount of $1,943.61. CHAIRMAN KAUFMAN: So this was abated by the county? MR. MUCHA: Partially. The owner started it, and then we finished it. March 28, 2019 Page 89 CHAIRMAN KAUFMAN: Okay. So, Mr. Zimmerman? MR. ZIMMERMAN: I've been here three years, and we have property at 4704 Lakewood Boulevard that is adjacent to the property on two sides. When we got here in October this year, the grass was over 30 inches high. We talked to enforcement, and they made him come up and look at it, and he did cut it to -- down to about six inches. He hasn't done anything since then. And if you look over the whole -- it was a golf course. If you'll look over the whole golf course, you'll see now that it's pretty nicely mowed, and that's because the neighbors adjacent to the property have voluntarily paid for it, including me. And I think this is an abuse that he's perpetrated on us. And not only that, he has three buildings on the property that are adjacent to our property as well, and the buildings are in totally dilapidated conditions. They've been broken into and vandalized a number of times, and we've complained to the county and the Sheriff about it numerous times. He, as a result of one of our complaints, at least boarded up the windows that were broken and locked the doors. One building, all the doors have been unlocked, and as a result of that, there were people actually living in it, vagrants who were living on the inside, and then when we complained and got the doors locked, one of them was living on the outside, sleeping on the outside. One other problem we have with the property is that we have apparently a gang member putting a stamp on -- painting a stamp on one of the buildings. Now, one of our neighbors has very nicely covered it every time it's been done. As of yesterday around noon, it was repainted. We've -- this is the sixth time that that's happened. March 28, 2019 Page 90 CHAIRMAN KAUFMAN: Have you reported this to the police? MR. ZIMMERMAN: Yes, on all occasions. And I have a picture of what this person keeps doing. CHAIRMAN KAUFMAN: Okay. Well, what we're here today to do is to impose the fine or not. MR. ZIMMERMAN: Right. Well, I think you're justified in imposing whatever fine possible because the guy is -- refuses to do anything, and he can't even be reached by our association right now. He doesn't answer anything. The fact that he's not here today is -- kind of points that out. CHAIRMAN KAUFMAN: Okay. Well, grass has this tendency to grow all the time, so if he hasn't cut it, I have a feeling this may come back again. MR. MUCHA: Yes, sir. We have ongoing cases as we speak. CHAIRMAN KAUFMAN: And if it comes back again, we treat those cases much more severely than the first instance, so that may talk to your plight. MS. CURLEY: Then your nice neighbors are cutting this, and you're just making him not get more fines. So you're going to have to, like, let the grass grow 18 inches and suffer through the gangs and the homeless people living there? CHAIRMAN KAUFMAN: Well, it won't take long for it to grow that height and, as Joe said, they have this on their list. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. So -- MS. CURLEY: I make a motion to impose all the county's fines, $1,943.61. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Second. March 28, 2019 Page 91 MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a second. Pick one. Any discussion on the motion? MS. CURLEY: Just -- this is the first time for this property? This isn't something where we'd impose a civil penalty? MR. MUCHA: No, this is the first time. MR. LEFEBVRE: First time for this particular violation, correct? MR. MUCHA: Yes, sir. MR. LEFEBVRE: There was a drainage ditch that was being -- was blocked that the county had to clean out, if I'm not mistaken, back -- MR. LETOURNEAU: You've got a real good memory. I believe that -- this is a newer owner, though. I think something happened. He got a tax deed or something and took it over. But you're correct; this has been a problem property for years. CHAIRMAN KAUFMAN: So all those in favor of the motion? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. One of the things that you may want to notify the owner of the property is exactly what's going to happen going forward if he doesn't take care of the property. And as far as the painting that's March 28, 2019 Page 92 going on on there, again, that's a police issue as well as a code issue, so... MR. LEFEBVRE: I'd like to go on record. Now, in retrospect, I think the $50 fine a day was way too low and, myself, as just one member of this board, probably would not consider, if it came back in front of us, that it would -- MR. MUCHA: This, I don't know if you remember, was a stipulated agreement, and I thought the guy seemed legitimate that he was going to start taking care of things and -- MR. LEFEBVRE: Right. And part of it was to hire a company. I think at the time he said he had -- MR. MUCHA: Yes, sir. MR. LEFEBVRE: -- engaged a landscaping company to mow the lawn on a regular basis. MS. CURLEY: If I -- it does remember (sic) my memory. Didn't we ask him to provide the county with a contract that he had with the mowing service that would mow it regularly? Was this the same person? MR. MUCHA: No, I think you're -- no, that wasn't one of the requirements. MS. CURLEY: Well, next time we see Mr. Evergreen Trust, we want to add that to his stipulation. CHAIRMAN KAUFMAN: Just a little advice: You should go back and tell your neighbors what the process will be. If the lawn is kept cut, then the handcuffs are put on Code Enforcement, but if it's not, we'll be back. Okay. Thank you. MR. ZIMMERMAN: Sir, do you have advice on what to do about the violations in the buildings themselves? CHAIRMAN KAUFMAN: That's a -- if it's a code case, it's a code case. MR. MUCHA: We have ongoing investigations. March 28, 2019 Page 93 CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Thank you. MR. ZIMMERMAN: Thank you, sir. MS. GONZALEZ: Our next case is under imposition of fines and liens, Item No. 8, Case No. CESD20160016422. Najeeb Ullah at 5349 Holland Street, Naples, Florida. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning. Could you state your name on the microphone for us. MS. ULLAH: Sieeda (phonetic) Ullah. MR. MORALES: Carlos Morales. CHAIRMAN KAUFMAN: Okay. MR. MUSSE: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MUSSE: Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On June 22nd, 2017, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See attached order of the Board OR5410, Page 3375, for more information. On November 17th, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5456, Page 1391, for more information. The violation has not been abated as of March 28th, 2019. Fines have accrued at the rate of $300 per day for a period from August 22nd, 2017, to March 28th, 2019, 538 days, for a total fine amount of $174,900. Fines continue to accrue. Previously assessed operational costs of $59.42 have not March 28, 2019 Page 94 been paid. Operational costs for today's hearing is $59.56. Total fine amount is $175,018.98. CHAIRMAN KAUFMAN: Okay. Good morning. MS. ULLAH: Good morning. CHAIRMAN KAUFMAN: That's a big number. What did you want to say to us this morning? And let me just start by saying that the -- it says -- the violation has not been abated is very important to the Board. Go ahead. MS. ULLAH: We've been working on getting the permits, and we're almost done, and he can explain the process. There was a lot. As I explained to the Board before, my mom got the property part of the divorce settlement, so we didn't know exactly what work was done, and every time we apply for a permit, more things are added by the county that we need to go back and address. So he's the person that will give you more information exactly on what's being done. MR. MORALES: Well, I was hired by her dad back in 2016. CHAIRMAN KAUFMAN: Okay. MR. MORALES: And I got the demo permit. Someone committed suicide, so he set to get a permit to remove the drywall, and we needed a demo permit. CHAIRMAN KAUFMAN: You're a licensed contractor? MR. MORALES: Yes. Well, I am a subcontractor. I do trusses and drywall and stucco. I'm not an actual GC contractor. I'm a subcontractor. CHAIRMAN KAUFMAN: Okay. MR. MORALES: So I got the permit. We demo the March 28, 2019 Page 95 drywall, put it back together, and then I lost contact with him. I called the county -- the architect called me that we needed to close the permit. I couldn't get ahold of her dad, and that was the end of it. 2018 I couldn't get ahold of him; I didn't follow up on it. I called the county, they tell me, no, you're done. If you did the work, that's done. So I said, okay. No one contacted me until she contacted me last year that there was a permit. I went to the county. I told him what I needed to do. They told me that they had pictures, and they added plumbing and an electrical inspection. That was last year. So she, I think, reinstated the permit, reactivated it, and then it got expired because no one called in the inspections. Again, I think, in November I went to reactivate it. I met with Paul -- CHAIRMAN KAUFMAN: Renald Paul. MR. MORALES: -- Renald Paul. He said -- he told me what to do, so I called all the inspections. I met the two inspectors. I thought I was done. I went to do the CO, and they told me no, that there's -- I need to get a permit. And then they told me -- well, what's the permit? They said, renovation. Well, when I went to get the permit, they told me I needed to call those inspections, I did, and that's when she contacted me, like I said, last year. CHAIRMAN KAUFMAN: Okay. MR. MORALES: So they told me -- because you don't need a permit for the drywall, which I got -- that's when I got the permit back in 2016, but then I lost contact with her dad and -- until she called me last year that I needed to help her get the permit resolved. CHAIRMAN KAUFMAN: Okay. We are here now because this has not been abated, and we have a choice of March 28, 2019 Page 96 imposing the fine or modifying the fine or, if you're asking for additional time to get this whole case resolved, we can hear that request. And I guess that's probably what you're doing; is that correct? MS. ULLAH: Yes. CHAIRMAN KAUFMAN: Okay. So my question is, you're not a licensed contractor, but you're helping out on this. Do you have any idea how long this is going to take to get everything done? MR. MORALES: No, we are licensed in the county. We have our insurances. I went in 2018. I said, I had a demo permit. They say, well, you removed the drywall. When you remove the drywall, you have to get a plumbing and an electrical inspection because you had to remove the drywall. They added it to the permit. I called in the inspections. They sign off on it. I went to close the permit, and they told me, no, you need to get a permit. I say, well, I already got the inspections for the permit you requested. But now -- and now I went to meet with them, I think, three weeks ago, but when then when we had this letter, I said, well, I just might as well wait to see what you told us to do. CHAIRMAN KAUFMAN: So let me rephrase my question: How much time do you think that you would need to get all the work and the permitting done, because at that time, if you were to come back at that point, if we grant a continuance, and say, everything's done, it is now in compliance, and then you ask for a reduction in fine or whatever you want to ask for, we could consider it at that time. Right now we can't consider that. So my question, again, is how much time? MR. MORALES: Minimum of 30 days, I say 60 days, because we have to submit -- I'm assuming we have to submit a March 28, 2019 Page 97 permit, but I have to meet with Renald and see what kind of permit. I think it's just a remodel permit. All the inspections have passed. So once I get the permit, I just need to do a CO. CHAIRMAN KAUFMAN: Yeah. I don't think anything happens in 30 days, to be honest with you, but... Questions, comments from the Board? MR. ORTEGA: Are we working here under a demolition permit? Is that what he said? MR. MUSSE: That's currently a demolition permit that he has active right now. It's on hold because the Building Department says they're not going to give him a CO until they apply for the remodeling permit. MR. ORTEGA: That's correct. But that alteration permit hasn't been applied for yet? MR. MUSSE: Not yet. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: That's why I said, is he coming here first to find out? MR. MORALES: I think there is a misunderstanding somewhere, because if it was just a demo permit, they wouldn't ask me to do an electrical and a plumbing inspection, a rough and a final, which they already passed both of them. MR. ORTEGA: No. The reason why they do that, they want to ensure that you didn't touch or tamper with any electric. So in other words, removing drywall, putting it back, doesn't necessarily mean you're going to tamper with the electrical. But once you touch the electrical, now you have to bring it up to current code requirements. So it is a requirement, even though it is a demo permit. It doesn't mean that you did anything; just want to make sure that you didn't do anything. March 28, 2019 Page 98 MR. MORALES: Okay. MR. ORTEGA: So now the next step is your alteration permit. When the alteration permit kicks in, your demolition permit kind of goes away. It's still an open permit. You still have to get a CO for it. It doesn't matter. Okay. MR. MORALES: Okay. MR. ORTEGA: So the question is, how much work is left? MR. MUSSE: It's completed, if I'm not mistaken, correct? MS. ULLAH: Yeah, there's no work. The work's been done. We're just trying to go back and get permits for the work that's been done. MR. ORTEGA: Okay. So now the county can inspect the work under the alteration permit; is that correct? MR. MUSSE: I'm not a building inspector. I don't know what they need to -- if they need to look behind those walls. I'm not 100 percent sure. MR. ORTEGA: So it might be wise to have a conversation with the Building Department, because what's going to happen, okay, if they're the owners, they're the violaters, we all know they can't apply for the permit by affidavit. There's other routes. Again, that's something they need to discuss with the Building Department, but the Building Department now, when you open another permit, how are they going to inspect the work? Now, was it a matter of just removing and replacing, or was there any modification? MR. MUSSE: When I -- if I recall correctly, when I looked at the initial, I didn't step into the house, but every single wall was removed from what I could see, not including the bedrooms. You can see from the living room area and the kitchen area and everything was removed. It was stripped down. So when I presented it to the building official, he's like, yes, they need a March 28, 2019 Page 99 permit for the demolition and remodel for it. CHAIRMAN KAUFMAN: Okay. Without getting into a lot of detail -- MR. MUSSE: Right, right. CHAIRMAN KAUFMAN: -- are we going to grant a continuance or not? Does someone want to make a motion to impose or to grant a continuance on this case? What? MR. ORTEGA: This was the reason I was asking the question -- CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: -- try to establish the amount of time, realistically, that will be required as opposed to just say 30 days. CHAIRMAN KAUFMAN: Right. I agree. MR. ORTEGA: So I'll make a motion -- CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: -- to accept a stipulation. CHAIRMAN KAUFMAN: Not stipulation, to grant a continuance. MR. ORTEGA: Continuance, yes. CHAIRMAN KAUFMAN: For how much time? MR. ORTEGA: I would say for 60 days. CHAIRMAN KAUFMAN: Okay. So we have a motion. Do we have a second? MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. March 28, 2019 Page 100 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Sixty days, and I would suggest if it's not done in 60 days that you come back and let us know what's been done, and we can discuss it at that time. After you get this thing in compliance -- that's a huge fine that's sitting there which will go up in the next 60 days -- you need to come back and argue your case as to if you want that reduced, eliminated, or what have you, okay? MS. ULLAH: Okay. CHAIRMAN KAUFMAN: Thank you. MR. MORALES: Thank you. MS. GONZALEZ: The next case under imposition of fines and liens is Item No. 9, Case No. CESD20170001654, Helen Braughman. The address is 15859 Janes Scenic Drive, Copeland, Florida. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Joe? MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. I just wanted to -- there's been a change. The property is in compliance now. I didn't get a chance to update -- CHAIRMAN KAUFMAN: Okay. March 28, 2019 Page 101 MR. MUCHA: -- the sheet here. And I think Ms. Braughman has a request that she would like to make. CHAIRMAN KAUFMAN: Okay. Do you want to read this into the record first? MR. MUCHA: Sure, sure. This is dealing with Case No. CESD20170001654. It was a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The violation location was 15859 Janes Scenic Drive, Copeland; Folio 1134803606. Description of the violation was three unpermitted structures/mobile homes on the property. Past orders: On November 17th, 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 violation. See the attached order of the Board, OR5456, Page 1393, for more information. On May 24th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5519, Page 3594, for more information. Violation has been abated as of March 29th, 2019 or, I'm sorry, 28th, 2019. Fines have accrued at a rate of $250 per day for the period from November 21st, 2018, to March 28th 2019, 217 days, for a total fine amount of $31,750. Fines continue to accrue. Previously assessed operational costs of $59.70 have not been paid. Operational costs for today's hearing is $59.49, for a total fine amount of $31,869.19. CHAIRMAN KAUFMAN: Okay. Now it's your turn. MS. BRAUGHMAN: All said and done. I do have the March 28, 2019 Page 102 pictures if anybody wants to look at them. CHAIRMAN KAUFMAN: It says it's -- Joe said it's in compliance. Don't need to see the pictures. MS. BRAUGHMAN: I would like to see if my fines can be waived. MS. CURLEY: I just saw a point of clarification, Joe. You said that it's in compliance, and it says the previously assessed operational costs of $59.70 -- have they been paid or no? MR. MUCHA: She's going to go down and pay them today. I told her that if she wants to get this taken care of, she needs to pay those fines, and she's going to go right after the hearing. MS. BRAUGHMAN: As soon as I leave here. MS. CURLEY: I'll make a motion to abate the county's request for fines but to include $119.14 of operational costs to be paid. MR. LEFEBVRE: Typically we don't include the operational costs for today if we're -- CHAIRMAN KAUFMAN: If you abate it. MR. LEFEBVRE: -- if we're denying the -- CHAIRMAN KAUFMAN: County's request for imposition of fines. Okay. So do you want to modify your motion to that effect? MS. CURLEY: Sure. CHAIRMAN KAUFMAN: Okay. So the motion, if I can restate it, is to abate the fines. MR. LEFEBVRE: To deny the -- CHAIRMAN KAUFMAN: Deny the county's order to collect the fines. MR. LETOURNEAU: Mr. Chairman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: Could we just put in just that -- March 28, 2019 Page 103 pending that the original 59.70 gets paid? CHAIRMAN KAUFMAN: Yes. MS. BRAUGHMAN: On my way. CHAIRMAN KAUFMAN: You'll agree to that, Sue? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. And do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second; Kathy. Any discussion on that? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BRAUGHMAN: Thank you. MR. MUSSE: Thank you. MS. GONZALEZ: The next case is under hearings, Item No. 4, Case CELU20180014856, Progeny II Corporation at 11410 Tamiami Trail East in Naples. The respondent was notified via certified mail and posting of the property. (The speaker was duly sworn and indicated in the affirmative.) March 28, 2019 Page 104 CHAIRMAN KAUFMAN: Why does this sound so familiar to me, this case? Was this before us before? MR. LETOURNEAU: We've had similar cases like this, but I'm not sure this particular property has been. MS. CURLEY: Is this the one with the dog houses for the Yorkies? MS. GIGUERE: No. CHAIRMAN KAUFMAN: No. Exotic -- parking the cars in the wrong place? Why don't you present the case and we'll know. MS. GIGUERE: Good morning. For the record, Vicki Giguere, Collier County Code Enforcement. This is in reference to Case No. CELU20180014856 dealing with violation of 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 C3 zoned property, not on a required C5. Located at 11410 Tamiami Trail East, Naples, Florida, 34113; Folio 00439960009. Service was given on December 14th, 2018. I would like to now present case evidence in the following exhibits: Four photos taken on November 30th, 2018, by Investigator Jonathan Musse and five photos taken yesterday on March 27th by myself. CHAIRMAN KAUFMAN: Okay. Make a motion to accept. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. March 28, 2019 Page 105 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Let the record show, by the way, that the respondent is not present. MS. GIGUERE: This violation was first observed in November by Investigator Musse. He made contact with the business owner, Mr. Ameani (phonetic), and informed him -- which is when the business owner stated they were supposed to be grandfathered in to operate this type of business in this zoning; however, after further research it was found that PL20110001572 was presented in front of the Board of Commissioners, and the motion to rezone the property was denied. The vehicles remain on site as of yesterday, and there's a sign in the window that says the business is open. CHAIRMAN KAUFMAN: Okay. Any discussion as far as the presentation, or would somebody like to make a motion whether -- MR. DOINO: Make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second, a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. March 28, 2019 Page 106 MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Vicki? MS. GIGUERE: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.77 incurred in the prosecution of this case within 30 days and abate all violations by: Must obtain any and all required Collier County building permits, inspections, approvals, zoning certificates, et cetera, or must cease any and all business activities, remove all unauthorized vehicles from property, and restore property to original permitted condition within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. And the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to fill in the blanks on this? MR. LEFEBVRE: Well, it sounds like if they already went -- they tried to go to a rezoning, or is it a comprehensive land-use change? March 28, 2019 Page 107 MS. GIGUERE: They went through the process to try to get a rezone to go from C3 to C5. MR. LEFEBVRE: And they were denied, so it doesn't sound like that's even an option. And if that was an option, it would take how long, six months to a year, probably, to do that? MR. WHITE: At least, yes. MR. LEFEBVRE: Okay. It doesn't seem like it's going to be an option to go that route since that was already tried. So I'll make a motion that the 59.77 be paid within 30 days, and within 60 days of this hearing, or a fine of $250 a day will be imposed. CHAIRMAN KAUFMAN: Okay. Any discussion on that motion? Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second; Kathy. MS. CURLEY: The only discussion is, you know, how hard is it to move some cars out of the way so that the neighborhood could get back to normal? CHAIRMAN KAUFMAN: Yeah. By the way, I saw the cars are parked on the grass, which is a violation, so it -- MS. CURLEY: Sixty days. I mean, they've got 25 cars and 25 sets of keys. Get the cars out of there. MR. LEFEBVRE: Well, I figured it was 60 days so they can maybe evaluate if they can actually go and get it rezoned to C5. MS. CURLEY: So when was that denied? MR. LEFEBVRE: 2011. MS. CURLEY: The denial? MS. GIGUERE: Correct, yes. MS. CURLEY: So they've had eight years to -- CHAIRMAN KAUFMAN: It's been denied by the County March 28, 2019 Page 108 Commissioners. MS. CURLEY: Eight years ago. CHAIRMAN KAUFMAN: They're not going to -- and they need a supermajority to change the zoning. It's not going to happen in 60 days. We know that. MR. LEFEBVRE: We know it's not going to happen in 60 days, but if they want to reevaluate it again to see if it is possible to get done, we'll give them a little bit of time to evaluate it. MR. WHITE: Well, they could have showed up to ask -- CHAIRMAN KAUFMAN: Exactly. MR. WHITE: -- to go through again. MS. CURLEY: So when was this case opened? September 23rd, 2018. MR. ORTEGA: How long have they operated from that location? MS. GIGUERE: I'm not sure. They've been there for quite some time, though. I would say at least a year that I've seen the vehicles there. MR. ORTEGA: So it's not relocating cars. It's relocating a business. MS. CURLEY: They can keep their business there. They can use that building as business. They don't have to have all the cars there. (Simultaneous speakers speaking.) THE COURT REPORTER: One at a time. CHAIRMAN KAUFMAN: Yes, stop. One at a time. MS. CURLEY: We had a car situation on Shadowlawn where they were parking on property that didn't belong to them and, et cetera. And what we -- it was a -- they're not moving buildings. These things have wheels. Get them out of there. CHAIRMAN KAUFMAN: Okay. They'll get them out of March 28, 2019 Page 109 there, or they'll be in violation. They have 60 days according to the motion that's before us. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GIGUERE: Thank you. MS. GONZALEZ: Next case is under hearings as well, Item No. 10, Case No. CEPM20180000456, respondent John Albarracin at 4480 Beechwood Lake Drive, Naples, Florida. Respondent was notified via certified mail and posting of the property. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Let the record show respondent is not present. Present the case. MR. MARCHAND: Good morning. For the record, Investigator William Marchand, Collier County Code Enforcement. This is in reference to Case No. CEPM20180000456 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-23(12)(n). Damaged screen enclosure and pool not being maintained located at 4480 Beechwood Lake Drive, Naples, Florida, 34112; Folio March 28, 2019 Page 110 No. 53901560007. Service was given on February 5th, 2018. I would like to now present case evidence in the following exhibits: One photo taken by Investigator Vicki Giguere on 1/23/18, one photo taken by Investigator Vicki Giguere on 1/29/18, and two photos taken by myself on 3/27/19. CHAIRMAN KAUFMAN: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Is that temporary fence up there functional? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: Okay. Is the pool green now or is -- MR. MARCHAND: No. That's been taken care of. That's been maintained. CHAIRMAN KAUFMAN: Okay. So the pool's not green. The temporary fence is up there. MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: It obviously needs a permanent fence. Go back to the first picture, if we could. Okay. So the screen enclosure, is it in that condition now, or has that been March 28, 2019 Page 111 cleaned up? MR. MARCHAND: No. That was taken care of by the second time Investigator Vicki went out there at 1/29/18; it was all removed. CHAIRMAN KAUFMAN: Okay. I'm trying to narrow it down to what the violation is. It's violation -- the screen enclosure's not there. It can't be in violation, but you do need a permanent protection around the pool. Is that where we are? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: And the other -- the green pool portion of this is also gone as well? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: Okay. So we can narrow it down to one item? MR. MARCHAND: Yes. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: How long are you allowed to have a temporary fence up? MR. LETOURNEAU: You're not really allowed to have it. It's just something that they put up because we asked them to, I believe. But you're not allowed to have it up for an extended period. There's really no -- there's really no time limit. That's why we're here, to make sure they put a permanent barrier up, because they're in violation right now. MS. CURLEY: Do you know if they have bids or they're on a list waiting for a fence? MR. MARCHAND: Yes. As of right now, they actually have a rejected permit for a pool enclosure replacement. CHAIRMAN KAUFMAN: Okay. And they did that -- when was it rejected? MR. MARCHAND: It was rejected -- it was applied for on March 28, 2019 Page 112 February 27th, 2019, and rejected by zoning a few days after. CHAIRMAN KAUFMAN: Okay. So they are attempting to do something, but it's still -- this will help them -- or motivate them to push it. MR. MARCHAND: Correct. CHAIRMAN KAUFMAN: Okay. So does a violation exist? MR. LEFEBVRE: Make a motion that one does. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And do you have a suggestion for us, William? MR. MARCHAND: Yes. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits, inspections, and certificate of completion/occupancy for the replacement of the damaged screen enclosure within blank days March 28, 2019 Page 113 of this hearing, or a fine of blank dollars 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. MS. CURLEY: I have a question. Can No. 1 -- I mean, we don't have to require him to put up a screen enclosure. He just needs a fence. CHAIRMAN KAUFMAN: Permanent fence. MS. CURLEY: Yeah. So by this, it looks like we're telling him he has to put a screen enclosure. If the screen enclosure permits are getting denied, maybe there's something else going on with the cantilever patio or something. But can we just include that it doesn't have to be a screen enclosure also? It could be a fence. However you want to write that. MR. ORTEGA: How about pool protection? CHAIRMAN KAUFMAN: Permanent pool protection. MR. LEFEBVRE: Permanent barrier per the Land Development Code. MS. CURLEY: Let's do that, since there's no screen enclosure there now. CHAIRMAN KAUFMAN: Are you making the motion? MS. CURLEY: No. I just want that No. 1 to be clarified. Someone else can do it. MR. LEFEBVRE: All right. I'll do it. March 28, 2019 Page 114 59.56 be paid within 30 days of this hearing, and then modifying No. 1 to state that replacement of a permanent pool barrier per Land Development Code (LDC) or -- and within a period of 30 days or a fine of $250 a day will be imposed. CHAIRMAN KAUFMAN: I would ask the motion maker to give them more than 30 days because you can't contact the person to put up the stuff and get that permit pulled and done in a month. MS. CURLEY: You're at the luxury of the contractor that you hire to file those permits, you have to get them to give you a bid, then you have to approve it. MR. LEFEBVRE: It's in reject status right now -- CHAIRMAN KAUFMAN: I understand. MR. LEFEBVRE: -- per the end of February. So this will be -- MS. CURLEY: We're just not assuming that that's the one they're going to go with. MR. LEFEBVRE: Be that as it may, with a pool -- and I've stated this before in previous cases regarding pool, it's -- and the barrier there looks okay, but I could see where it's drooping and everything, and I don't know how long it's been up. But I want to make sure that it becomes permanent as quickly as possible, and this will be -- put some feet under the fire. It's been a month since it's been submitted, and, really, for a pool permit -- my mother went through it. She lives in Lakewood down the street, and it was not -- it didn't take that long. It should be -- if it's in denied status, reject status, it should be simple to reapply and then get someone out there quickly. So I think the 30 days is warranted because I want to see a permanent barrier there, whatever it may be, and the $250. MS. CURLEY: Has that been seconded? March 28, 2019 Page 115 CHAIRMAN KAUFMAN: Not yet. Second somebody? MS. CURLEY: Second it. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Okay. So we have 59.56, 30 days, $250 a day. Any discussion on that -- further discussion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, William. MR. MARCHAND: Thank you. MS. GONZALEZ: Next case under hearings is Item 13, Case CEOCC20190002420. Respondent Yavuz Karagoz, property address, 102 New Market Road East, Immokalee, Florida. Again, the respondent has been notified via certified mail and posting. CHAIRMAN KAUFMAN: Okay. And let the record show that the respondent is not present. (The speaker was duly sworn and indicated in the affirmative.) March 28, 2019 Page 116 CHAIRMAN KAUFMAN: Okay. I just wanted to read one thing into -- it says, repeat violation of a U-Haul business operating. Okay. MR. ASARO: Good afternoon. Tony Asaro with the Collier County Code Enforcement Department. This is in reference to Case No. CEOCC20190002420 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 1.04.01(a) and the Collier County Code of Laws and Ordinances, Section 126-111(b) and Section 126-114(c). Property is located at 102 New Market Road East, Immokalee, Florida, 34142; folio number is 6386440007. I would like to present case evidence in the following exhibits: Two photos dated March 1st, 2019, taken by Supervisor Chris Ambach and one photo dated March 5th, 2019, taken by me. CHAIRMAN KAUFMAN: Motion to accept. MR. WHITE: Second. 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. MR. ASARO: On March 1st, 2019, and on March 5th, 2019, U-Haul trucks were observed on the property 102 New Market Road East. On March 5th, 2019, a second notice of March 28, 2019 Page 117 violation was issued to the Best One Store for operating a U-Haul business without first obtaining Collier County authorizations and approvals. Since this is a repeat violation of Case No. CEOCC20180012074, Supervisor Chris Ambach has requested this case be brought before the Code Enforcement Board and civil penalties be assessed. CHAIRMAN KAUFMAN: Okay. So, first off, does a violation exist? MR. LEFEBVRE: How many U-Haul trucks on that day -- well, we don't have the investigator here, so we don't know how many were actually there. Because I see in the previous picture, one looks like it was pulled in front. Okay. So that's definitely a different size truck than the next picture. CHAIRMAN KAUFMAN: It doesn't matter if there's one or 20. MR. LEFEBVRE: What I'm trying to ascertain, if it's just one, they could have stopped in there to transact business. If it was multiple ones, then I don't think all U-Haul owners are going to show up at one time is what I'm trying to get at, or the users of the U-Haul are going to all show up to this place at the same time. CHAIRMAN KAUFMAN: Well, it says that it's -- U-Haul vehicles are being stored on the property, so... MR. ASARO: Yeah. He's been storing them, and he's been -- people have been dropping them off, but he's still conducting business. MR. LEFEBVRE: Right. But what I'm trying to get at is if it was just one, it's hard to argue that it was -- they can say, well, that person was renting a U-Haul and came in to transact business not related to the U-Haul. But if there's multiples there, which March 28, 2019 Page 118 looks like from the other picture, it was pulled in in a much bigger vehicle than that. MR. ASARO: Yeah. There was one on each separate day. CHAIRMAN KAUFMAN: Is it a -- the violation the running of the business, which includes the trucks, or is it just the trucks? MR. ASARO: It's two. It's the violation of the business -- running the business and storing the vehicles on the property. CHAIRMAN KAUFMAN: So it doesn't matter if there are a bunch of trucks there or not if they're running that business. You have the tax receipt, I guess, to show that -- MR. ASARO: Yeah, which he doesn't -- yes, he doesn't have. MS. CURLEY: I make a motion that a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Tony? MR. ASARO: Yes. Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.90 incurred in the March 28, 2019 Page 119 prosecution of this case within 30 days and abate all violations by: One, the respondent will pay a civil penalty of blank dollars for this being a repeat violation of Case No. CEOCC20180012074; Number 2, the respondent must remove all U-Haul trucks/trailers and all related equipment from the property until all Collier County authorizations and approvals are met to allow for this type of business to operate within blank days of this hearing, or a fine of blank dollars a day will be imposed until the violation is abated; The respondent must notify the code enforcement investigator when the violation has been 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: The one thing, removing the equipment, et cetera, I understand that, but the business itself, do you have in there that -- I mean, they can -- can they conduct that business there without a tax stamp? MR. ASARO: Not without county authorizations and approval. CHAIRMAN KAUFMAN: So that's part of the authorization part of your suggestion? MR. ASARO: Okay. Someone like to fill in the blanks on this? (No response.) CHAIRMAN KAUFMAN: Hearing none. Go ahead. March 28, 2019 Page 120 MS. CURLEY: No. CHAIRMAN KAUFMAN: Impose the $59.90 in 30 days; civil penalty, $1,000; 60 days, which seems high to me. If someone want to the change that for me, I'd be glad to. MS. CURLEY: Twenty. CHAIRMAN KAUFMAN: Excuse me? MS. CURLEY: Twenty. Just stop doing it. CHAIRMAN KAUFMAN: Make it 30. MS. CURLEY: Thirty. CHAIRMAN KAUFMAN: Okay. 30 days; and a fine of $250 a day. MR. LEFEBVRE: Question: What was the fine on the original case; do you have that by chance? MR. ASARO: I think he stip'ed out. I don't think there were fines. Let me check. MS. CURLEY: Plus, just -- MR. ASARO: I think he just had to pay the operational costs. MS. CURLEY: The conversation, he has an agreement with U-Haul to follow the rules and laws of where he's permitted and zoned to use it, so he's violating his agreement with U-Haul. (Simultaneous speakers speaking.) THE COURT REPORTER: I can't hear you. MS. CURLEY: Drop off, pick up, whatever. CHAIRMAN KAUFMAN: If he wanted to argue anything, he would be here. He's not here. So $59.90 paid within 30 days, civil penalty of $1,000, comply within 30 days, or a $250 fine thereafter; is that clear? MR. WHITE: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? March 28, 2019 Page 121 MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tony. MR. ASARO: Thank you. MR. LEFEBVRE: Yeah. I just wanted to see what the fines were from the previous case to see -- no, that's -- MR. LETOURNEAU: I got it. It's $150 a day. MR. LEFEBVRE: All right. MS. GONZALEZ: Next case is under hearings as well, Item No. 15, Case No. CELU20180014859, respondent, Linda Mayor; property address, 1276 Dove Tree Street, Naples, Florida. The respondent was notified via certified mail and posting. (The speaker was duly sworn and indicated in the affirmative.) MS. GUY: Good afternoon. For the record, Paula Guy, Collier County Code Enforcement. This is in reference to Case No. CELU20180014859 dealing with a violation of land use, Collier County Land Development Code 04-41, as amended, Section 1.01.01(a), Section 2.02.03. Storage of a school bus, tents, tarps, unpermitted accessory structures, junk, trash, and debris on an unimproved vacant parcel zoned agricultural. Location is 1276 Dove Tree Street, Naples, Florida, 34117; March 28, 2019 Page 122 Folio 304160002. I would like to present case evidence in the following exhibits: Two photographs taken by myself on December 3rd, 2018: Nine photographs taken by myself on January 9th, 2019; two photographs taken by myself on January 22nd, 2019; and two photographs taken by myself on March 27th, 2019. CHAIRMAN KAUFMAN: Like going to the movies. Motion to accept the photos. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Let the record show the respondent is not present. MS. GUY: On November 30th an anonymous complaint was received of people living in a school bus on vacant land. My initial inspection on December 3rd observed the violation of storage of items on a vacant parcel to include, but not limited to, to the school bus with accessory structures made of various materials: Tents, tarps, fire pit, trash piles, junk, trash, and debris on the unimproved parcel. That depicts in the first two pictures. December 5th, property was posted with the notice of violation. On January 9th, 2019, a reinspection was completed, and I March 28, 2019 Page 123 was able to gain access to the property from the owner's daughter, who was the occupant of the school bus. Upon my arrival she was outside cooking on a camp stove, and all the active campsite items remain on site. Ms. Ward advised that she was planting and placed, which in the pictures depict, one mango, two avocados, three bananas trees for ag use. She advised she has cleaned all the debris and tents from the property. I advised that the stored items on the vacant parcel remaining need removal and requested she have owner, her mother, contact me, and I provided the occupant with my contact information. January 22nd, observed violation still remains with the school bus camper with occupants and canines. On March 15th posted notice of hearing. Only observation, the male occupant with animals. As of today's date, March 28th, I've had no response from the owner or communication with Laura M. Mayor, and the violation does remain. CHAIRMAN KAUFMAN: Is there any electricity there? MS. GUY: No. CHAIRMAN KAUFMAN: Is there any sewage hookup? MS. GUY: I couldn't verify the sewage. When I inquired to the occupant, she advised that she was using a compost toilet on the school bus. I wasn't provided access for the RV. CHAIRMAN KAUFMAN: Does the respondent have water? MS. GUY: There's no running water. CHAIRMAN KAUFMAN: Okay. You'd think this would have been an emergency order, actually. Right, Jeff? Yes? MR. LETOURNEAU: Well, I don't believe that -- did you March 28, 2019 Page 124 verify that they were actually continuously living on this property? MS. GUY: Yeah. I have no solid proof that they live there. Her claim, the occupant's claim was that they stay there temporarily while they were cleaning the property for her mother. So I couldn't verify that she actually was physically living there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Is it, like, a lot of acres or something? MS. GUY: The parcel is very small. It's a 1.1-acreage lot, and it sits in between two improved parcels on either side. So this is the neighbor's backyard view and the other neighbor's front yard view. MS. CURLEY: And so those pallets and trash and things, that's what -- MS. GUY: Yeah, those are new. Those just showed up the other day. And I did verify on my March 15th inspection that I noticed that the fence posts were up, so I did verify a permit was pulled for fence and issued. It was applied by (sic) the owner, Laura Mayor, but the receipt and fees were paid for by the occupant, Danielle Ward. CHAIRMAN KAUFMAN: Okay. The neighbors complained that there are people living in a school bus next door, something like that? MS. GUY: That is correct. I did refer this over to Department of Health because -- my concern that they were living there, but I didn't have valid proof, and they actually responded out on February 27th. I received an email from Jason -- or Jake Gardner, an environmental specialist with Department of Health, and he closed the case and said it was unfounded. He didn't see any sanitation or septic issues. CHAIRMAN KAUFMAN: You don't have any septic. March 28, 2019 Page 125 MS. GUY: Exactly. So there was -- but he didn't see any violations for the Department of Health or concerns. MR. LETOURNEAU: I think they were just containing it all on whatever system they have on that bus. MS. GUY: Yeah. CHAIRMAN KAUFMAN: Okay. So we're to the point of does a violation exist. Anybody? MS. CURLEY: I'll make a motion a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And do you have a suggestion for us? MS. GUY: I do. Recommendation from Collier County is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of 59.77 incurred in the prosecution of this case within 30 days and abate all violations by: Cease and removal of all unauthorized storage and use of unimproved March 28, 2019 Page 126 agricultural zoned property to include, but not limited to, all related items and recreational vehicle/school bus from the property within blank days of this hearing, or a fine of blank per day will be imposed until violation is abated. The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you know whether or not the school bus was registered? MS. GUY: It does have a tag on it, and it was valid. CHAIRMAN KAUFMAN: Okay. Okay. Anybody want to take a shot at filling in the blanks? MR. LEFEBVRE: All right. The operational costs be paid within 30 days of this hearing in the amount of 59.77, removal of all the items within 14 days of this hearing, or a fine of $200. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a second. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. March 28, 2019 Page 127 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. GUY: Thank you. MS. GONZALEZ: Next case is under imposition of fines and liens, Item No. 1. It's Case CESD20170004459, respondent Victoria Parchment. Property address, 2257 41st Terrace Southwest, Naples. The respondent sent in a letter. It should be part of your package. We'll put it up. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This is a long case. I don't see the letter. MR. LETOURNEAU: On the screen. MS. CURLEY: On the screen. CHAIRMAN KAUFMAN: Oh, an eye test. Do you want to read it out loud? Now I can see it. Make it bigger. MR. LEFEBVRE: Has this been abated? MS. PEREZ: It has been. MR. LEFEBVRE: It has, okay. CHAIRMAN KAUFMAN: You can go down further. Could we see the bottom of the letter? Cristina, it looks like there were a lot of cases on this at one time, a stipulation or whatever? MS. PEREZ: Yes. I can read the document into the order (sic), but there was a stipulation agreement when the case March 28, 2019 Page 128 initially came before you on January 26th, 2018. The Board had given her a compliance date of May 26th, 2018, and she came into final compliance with having her permits issued, a certificate of completion, on February 8th, 2019. This case was in regards to violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The location was at 2257 41st Terrace Southwest, Naples, Florida; Folio No. 35643120008. The description was unpermitted interior alterations consisting of additional bedrooms and bathrooms on improved occupied single-family residential property. Past orders: On January 26th, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5477, Page 2432, for more information. The violation has been abated as of February 8th, 2019. The fines have accrued at the rate of $200 per day for a period from May 27th, 2018, to February 8th, 2019, 257 days, for a total fine amount of $51,400. Previously assessed operational costs of $59.64 have been paid. Operational costs for today's hearing is $59.35. Total amount due is $51,459.35. So the case came before you after they had -- we received a complaint regarding the alterations to the home. When we did the inspection, it was actually family members with the exception of the garage that had been converted into a separate efficiency. The rest of the additions kind of came with time, and it was all family that lived within that house. They did hire this contractor who had advised them they're March 28, 2019 Page 129 pulling the permit. They didn't apply for the permit until December, so almost 11 months later after the case had initiated. They received a rejection a few days later on December 20th, 2017, and because they didn't move forward to do anything with the permit after the rejection, we brought it forth here. After it came to the hearing in January, they resubmitted that permit in February of 2018. It was issued in May, and they started their inspections in June. They had other inspections approved September and October 2018, and then in January, and the final one in February. CHAIRMAN KAUFMAN: Okay. So we are in a position of granting the abatement of the fines per her letter or imposing them all or part of the fines. MS. CURLEY: Well, I mean, I think it's notable that this is the first person that's actually finished their project today. I'll make a motion to abate the fines including the operational costs for today, but previously assessed operational costs of 59.63 -- oh, they have been paid. I beg your pardon. MS. PEREZ: Yes. MS. CURLEY: So make a motion to abate -- to deny the county's fines, and no operational costs, in its entirety. CHAIRMAN KAUFMAN: Okay. MR. DOINO: 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. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. March 28, 2019 Page 130 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Cristina. MS. GONZALEZ: The next case is under imposition of fines, Item No. 4, Case CEPM20180009676, Johhny E. Blanco. Property address, 160 Logan Boulevard South in Naples. CHAIRMAN KAUFMAN: Okay. Sue has to leave. MS. CURLEY: Sorry. I have a 1 o'clock appointment. CHAIRMAN KAUFMAN: So we still have a quorum. One, two, three, four, five. And I know that you have to leave, but you can make -- MR. DOINO: 1 o'clock. CHAIRMAN KAUFMAN: Okay. 1 o'clock. (Ms. Curley left the boardroom for the remainder of the meeting.) MS. GONZALEZ: For the record, the respondent was also notified via certified mail and posting. (The speaker was duly sworn and indicated in the affirmative.) MR. CONNETTA: For the record, John Connetta, Collier County Code Enforcement investigator. This is in reference to Case CEPM20180009676, the violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 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. Location: 160 Logan Boulevard South, Naples, Florida; March 28, 2019 Page 131 Folio No. 38281000008. Description: 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. Past order: On November 16th, 2018, the Code Enforcement Board issued a finding of facts, 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, OR5575, Page 1981, for more information. The violation has not been abated as of March 28th, 2019. Part B of the order: Fines have accrued at a rate of $250 per day for the period from January 16th, 2019, to March 28th, 2019, 71 days, for a total fine of amount of $17,750. Part C of the order: Fines have accrued at a rate of $500 per day for the period from November 24th, 2018, to March 28th, 2019, 124 days, for a total fine amount of $62,000. Fines continue to accrue. Previously assessed operational costs of $60.40 have not been paid. Operational costs for today's hearing is $59.35. Total amount of $79,869.75. CHAIRMAN KAUFMAN: Okay. This has not been abated? MR. CONNETTA: No, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to impose. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? March 28, 2019 Page 132 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. CONNETTA: Thank you. MS. GONZALEZ: Next case under imposition of fines and liens is Item No. 11, Case No. CESD20170005992, respondent Nancy Karras at 3615 Boca Ciega Drive, Unit 103, in Naples. We have an email from the respondent. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I can barely read that. MR. MUCHA: If I could help out a little bit. CHAIRMAN KAUFMAN: Yeah. MR. MUCHA: Basically, this is what this is. For the record, Joe Mucha, Collier County Code Enforcement. Ms. Karras is a schoolteacher, and she resides in Illinois, and it was just -- it would be really -- it was a financial hardship for her to be able to come down. Couldn't get the time off at school, and the cost of -- I think she even mentioned she looked into a plane ticket, and with the flight, the hotel, and renting a car was going to be, like, $1,400 for her. She was basically two weeks beyond her compliance date, so I mean -- CHAIRMAN KAUFMAN: It's in compliance now. March 28, 2019 Page 133 MR. MUCHA: It's in compliance. She's paid her operational costs. The county would have no objection to you guys denying the request. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Make a motion to deny the county's request. MR. ORTEGA: 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. Thank you. MR. LEFEBVRE: Under new business, should we push those back until next month? CHAIRMAN KAUFMAN: Probably. We'll push that back because it's late. He's got to leave. Okay. MR. LEFEBVRE: So do we need a motion to do that? CHAIRMAN KAUFMAN: Make a motion to do it. MR. LEFEBVRE: What's the -- CHAIRMAN KAUFMAN: Make a motion -- I make a motion to push back the other two items and -- MR. LEFEBVRE: There's a term for it. CHAIRMAN KAUFMAN: Modify? MR. LEFEBVRE: What's the -- MS. GONZALEZ: Table? March 28, 2019 Page 134 MR. LEFEBVRE: Table. MS. SCHNEK: Table, continue. MR. LEFEBVRE: Thank you. Continue. I'd like to make a motion to continue new business to our next meeting in April. MS. ELROD: 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. MR. LEFEBVRE: Make a motion to adjourn. CHAIRMAN KAUFMAN: We're adjourned. ***** March 28, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12:32 p.m. CO i - = FORCE -NT BOARD .lam__ RO I. RT K A olarAN, CHAIRMAN i ATTEST :-: • r,,,,•,-, - CRYSTAL K.-KINZEL, CLERK i _ r . 4 fat,. , C .i c. '•y. V - ,;�� telP Attest S to cn a 's;; Enar e only. (I These minutes approved by the Board on 4Pzi1 24) .ci .cj , as presented LOor as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/ COURT REPORTER. Page 135