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CLB Backup 04/17/2019 BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2Q19-02 License Number: CCC1331336 WOZNIAK, PETER EDWARD FLORIDA ROOF SERVICES LLC Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Peter Edward Wozniak(Respondent), a State of Florida, Certified Roofing Contractor (CCC1331226) registered in Collier County(license# LCC20170002115), and states the following facts and allegations in support of the cited violations below: 1, The Respondent is currently licensed by the State of Florida as a Certified Roofing Contractor with License number CCC1331226 and re 'yteredin[o|||er[ountywith |icenseL[[2O17000311S. 2. Under the provisions of Collier County Ordinance 2006-46, as amended, Section 4.2 Misconduct— State Certified Contractors, the following actions by a holder of a State Certified Roofing Contractor Collier County registered Contractor(# LCC20170002115) shall constitute misconduct and grounds for discipline pursuant to Section 4,3 (Disciplinary proceedings). a. I received the written complaint from homeowner,Josephine &George Reyes,who reside at 4484 Dunlin Ct., Naples, FL on December 10, 2018. The complaint stated that Mr. and Mrs. Reyes entered into a contract for roof work with Florida Roof Services LLC.The contract for roof work was executed by the parties and dated 3/25/2018.The contract was for 542,6OO.00and the Reyes' paid edeposit of$14,200.00 at the time of signing the contract. Ms. Reyes said that on April 1, 2018, they paid a second deposit as requested by '.` the contractor of$14,200.00. Ms. Reyes stated that the contractor performed tear off and underlayment work on May 9, 2018. b. Ms. Reyes provided me a copy of the contract and I have included it as exhibit 8. c. I received the copies of the checks that reflected the initial deposit of$14,200.00 and the later payment of$14,200.00 and have attached them as exhibit 9. d. I further researched the computer database of the State of Florida, Division of Corporations and located the company, Florida Roof Services LIC, Florida Limited Liability Company, FEIN: 81-3988250, Date Filed-05/25/2016,Status-ACTIVE, Principal Address- 2605 Forest Parkway N, Largo, FL 33771, Registered Agent-Wozniak, Peter E,Authorized Person- Wozniak, Peter E (Title- MGR). e. I also researched the computer database of the Florida Department of Business and Professional Regulation (DBPR)for company, Florida Roof Services LLC. I located a listing for Florida Roof Services LLC, Qualifier/License Holder, Wozniak, Peter Edward, under License #CCC1331226, Certified Roofing Contractor, Licensure Date: 06/16/2017, Expires: 08/31/2020, Status: Current, Active, address of 2605 Forest Parkway N, Largo, FL 33771. f. I also researched the computer database of the Collier County Growth Management Department, Contractor Licensing Section for company, Florida Roof Services LLC.The company was licensed under Registration # LCC20170002115 to conduct business in Collier County. � I researched the database of the Collier County Building Department. I located Permit# PRBD2O18O5294O1for 4484Dun|inCt. (Reyes res|dence). The permit was listed for "CONCRETE TILE OVER POLYGLASS TH 6:12 PITCH 45".The contractor is listed as Wozniak, Peter Edward (dba) Florida Roof Services LLC, License 4*CCC1331226. h. Florida Roof Services LLC made application for the permit on May 1, 2018. They commenced work on May 9, 2018(tear off& underlayment). The permit was issued May 24, 2018 (15 days after work commenced). The dry-in Inspection was verified on June 7, 2018 with Status: Failed. i. The permit expired on November 21, 2018 and was reactivated on February 20, 2019 (in expired status for 90 days). Several attempts were made to contact the license holder and other representatives of the company (Mr.Jeff Rayl) reference the Expired permit. k. A Notice of Non-Compliance was sent on the date of December 13, 2018 to the email on record for the company. I knew that this email was one in which Contractor License Officer Tim MeuienberQhad contacts with the contractor(exhibit 10) No attempt to resolve the issue (Expired Permit) had been taken by the contractor. m. On December 13, 2018, I traveled to the subject residence. I observed it to be a single family detached structure and observed the dry-in material (underlayment) on the roof. I took photographs depicting the appearance of the roof as of this date (12/13/2018). n. I was notified by Ms. Reyes that they had a leak in their home (underlayment only on the roof).The contractor sent workers who worked on the roof. o On the date of January 15, 2019, I observed the contractor working on the roof while the permit was listed in Expired status. A Stop Work Order was issued and contractor was notified through voice mail. p. A Notice of Hearing was sent on the date of January 15, 2019. q. The contractor did subsequent work in while permit still in Expired status and under Stop Work Order. r. The Permit was Re-Activated on the date of February 20, 2019. s. The tile roof was then completed by the contractor and the permit currently is listed as Status: Failed ("Grout on back gable already cracking&falling out"). 3. Thereafter, pursuant to Collier County Ordinance 2006-46, as amended, Section 4.3.2. and Section 4.3.3., the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the below charges in this formal complaint against the Respondent. COUNT 1 5. Collier County Ordinance 2006-46,as amended, Section 4.2.2., Misconduct—State Certified Contractors, states: "Willfully violating the applicable building codes or laws of the state, city or Collier County."—If work has commenced and the permit is revoked, becomes null and void, or expires because of lock of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. (State Building Code violation 105.4.1.1). WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Ordinance 2006-46, as amended, Section 4.2., as amended,and WHEREFORE, in considertion of the foregoing, the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violations charged. 111%/14. Dated., zsviiP Signed Cotier County, tractors'Licensing Supervisor or Designee it • BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTYFLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number: 2019 -03 License Number:CCC1331226 WOZNIAK, PETER EDWARD FLORIDA ROOF SERVICES LLC Respondent. ADMINISTRATIVE COMPLAINT Collier County(County)files the Administrative Complaint against Peter Edward Wozniak (Respondent), a State of Florida, Certified Roofing Contractor(CCC1331226) registered in Collier County(license# LCC20170002115), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by the State of Florida as a Certified Roofing Contractor with License number CCC1331226 and registered in Collier County with license LCC20170002115. 2. Under the provisions of Collier County Ordinance 2006-46, as amended, Section 4.2 Misconduct— State Certified Contractors,the following actions by a holder of a State Certified Roofing Contractor /Collier County registered Contractor(# LCC20170002115) shall constitute misconduct and grounds for discipline pursuant to Section 4.3 (Disciplinary proceedings). a. I received the complaint on March 7, 2019 through Contractor Licensing Office, Supervisor, E. Ybaceta reference the residence at 5329 Mitchell St. Naples, FL.The contractor is listed as Florida Roof Services LLC with License Holder/Qualifier listed as Peter Edward Wozniak, State License#CCC133 1226(Certified Roofing Contractor). b. I later confirmed the complaint with Mr. Rolex Simon, brother of homeowner,Vladmir Simon (Vladmir Simon lives out of state and Rolex Simon took care of contract), reference 5329 Mitchell St. Naples, FL. The Simon's entered into a contract for roof work with Florida Roof Services LLC. The contract for roof work was executed by the parties and dated 10/4/2018. The contract was for$16,540.00 and the Simon's paid a deposit of$11,365.83. Mr. Simon stated that the company came to the residence about two months ago and started the work, He said they left and never came back. He further advised he has telephoned the company many times to check on status to have the work performed and they have been unresponsive. c. Mr. Simon provided me a copy of the contract and I have included it as exhibit 7. d. I received a copy of the check that reflected the initial deposit of$11,365.83 and have attached it as exhibit B. e. I further researched the computer database of the State of Florida, Division of Corporations and located the company, Florida Roof Services LLC, Florida Limited Liability Company, FEIN: 81- 3988250, Date Filed-05/25/2016, Status-ACTIVE, Principal Address- 2605 Forest Parkway N, 1'39082S[\ DateFi|ed-OS/2S/2O16' Statux'ACT|VE. Princ|pa|Addrexs' JS05FoneotParkvvayN' Largo, FL 33771, Registered Agent- Wozniak, Peter E,Authorized Person-Wozniak, Peter E (Title- MGR). f. I also researched the computer database of the Florida Department of Business and Professional Regulation (DBPR) for company, Florida Roof Services LLC. I located a listing for Florida Roof Services LLC, Qualifier/License Holder, Wozniak, Peter Edward, under License # CO[1331226, Certified Roofing Contractor, Licensure Date:O6/16/2O17, Expires:O8/31/JOZ(l Status: Current, Active, address of 2605 Forest Parkway N, Largo, FL 33771. g. I also researched the computer database of the Collier County Growth Management Department, Contractor Licensing Section for company, Florida Roof Services LLC.The company was licensed under Registration#LCC20170002115 to conduct business in Collier County. h. I researched the database of the Collier County Building Department. I located the application for Permit#PRBD20181266458 for 5329 Mitchell St. (V. Simon residence). The permit application was listed for "MASTER RIB METAL RE-ROOF OVER PEEL& STICK. 17 SOS 4:12 PITCH 1-PLY MEMBRANE ROOF ON FLAT AREA 8 SQS LOW SLOPE.", The contractor is listed as Wozniak, Peter Edward (dba) Florida Roof Services LLC, License U CCC1331226. |. Florida Roof Services LLC made the application for permit on 12/10/2018. j. Permit# PRBD20181266458, Application only, was shown in Rejected Status.The application was rejected on 12/14/2018, and a Corrections Letter sent out 12/14/2018 to the contractor of record, Florida Roof Services LLC (State License U CCC1331226, Mr. Peter Wozniak, License Holder). The letter was sent to address of record as listed on the permit (exhibit 10). k. On March 12, 2019. I traveled to the subject residence. I observed it to be a single family detached structure. I confirmed work had commenced as the dry-in material (underlayment) was visible on the roof on the west side. I also observed on the east side, the old metal roof and roofing supplies. I took photographs depicting the appearance of the roof as of this date I, The permit application currently sits in Status: Rejected. 3. Thereafter, pursuant to Collier County Ordinance 2DO6~4G' aoamended, Section 4.3.2. and Section 4.3.3., the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the below charges in this formal complaint against the Respondent. COUNT 1 S. Collier County Ordinance 2006-46, as amended, Section 4.2.2., Misconduct—State Certified Contractors, states: "Willfully violating the applicable building codes or laws of the state, city or Collier County."—Commence work prior to issuance of a building permit(State Building Code violation 105.1). WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Ordinance 2006-46, as amended, Section 4.2., as amended, and WHEREFORE, in consideration of the foregoing,the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violations charged. ° Oared: ��� «�� Signed °~—_ ornpn coiromCowritv LIcensing Supervisor or DesIgnee BEFORE THE COLLIER COUNTY CONTRS~ LICENSING BOARD BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTYFLORIDA, CONTRACTORS' LICENSING BOARD Petitioner, V. Case Number:2819-04 License Number: CCC1331305 DUTRUCH, CHRISTOPHER JOSEPH MAC MAR, LLC (dba) MY AFFORDABLE ROOF Respondent. ADMINISTRATIVE COMPLAINT Collier County (County)files the Administrative Complaint against Dutruch, Christopher Joseph (Respondent), a State licensed Certified Roofing Contractor(license#C[C1]313Q5), and states the following facts and allegations in support of the cited violations below: 1. The Respondent is currently licensed by State of Florida as a Certified Roofing Contractor with License number CCC1331305. J. Under the provisions of Collier County Ordinance 2006-46, as amended, Section: 4.2.(Misconduct—State Certified Contractors), the following actions by a holder of a State Certified Roofing Contractor/Collier County registered Contractor(St LCC20170002681) shall constitute misconduct and grounds for discipline pursuant to Section 4.3 (Disciplinary proceedings). a. I received the written complaint from homeowner, Erika and Hermann Bartenbach, who reside at 5064 Ventura Ct.,on November 30, 2018. The complaint stated that the Bartenbach's entered into a contract for roof work with Mac Mar, LLC (dba) My Affordable Roof.The contract for roof work was executed by the parties and dated October 29, 2017. The contract was for $32,350.00 and the Bartenbach's paid a deposit of 55,000.00 at the time of signing the contract. Ms. Bartenbach also said that on March 2, 2018, they paid a second deposit as requested by the contractor of$10,000.00. Ms. Bartenbach stated that the contractor performed tear off and underlayment work on May 24, 2018 and they paid an additional $15,000.00 on that date. Ms. Bartenbach stated that since that date no further work had been performed. She further stated she has contacted the contractor numerous times to check on the status of their return to complete the work and the contractor was unresponsive to her calls. b. Ms. Bartenbach provided me a copy of the contract and I have included it as exhibit 8. c. I received the copies of the checks of reflected the initial deposit of$5,000 and the later payments of$10,000 and $15,000 respectively and have attached them as exhibit 9. d. Upon investigation of the company, Mac Mar, LLC(dba) My Affordable Roof, I located Florida Department of Business and Professional Regulation (DBPR) listing under License CCC1331305, Dutruch, Christopher Joseph and Collier County Growth Management Department, Contractor Licensing Section for company, Mac Mar, LLC (dba) My Affordable Roof (exhibits 1 & 2). I also located a company listing in State of Florida, Division of Corporations (exhibit 3). e. I located the Permit(PRBD20180102349) for the subject residence.The permit was applied for on 01/12/2018, issued on 01/29/2018 and expired on 7/29/2018 and was reactivated on 10/25/2018. The permit expired again on 01/24/2019 and was reactivated 1/31/2019. The company did tear off and underlayment install at the residence on 5/24/2018 and a dry in inspection was never called in as of the date the homeowner canceled the contract in February, 2019. f. On December 6, 2018, I took photographs of subject roof& observed that the old tiles had been removed and new underlayment in place. g. On January,8, 2019, I was notified by Ms. Bartenbach (email) that they have heard nothing from My Affordable Roof, despite their numerous calls to company and there is a leak in roof above master bedroom. h. Ms. Bartenbach and I spoke again on January 27, 2019 and she stated that My Affordable Roof has still been unresponsive and leak remains. Building Inspector, Fred Maddox and myself traveled to the residence and took photos of leak areas. We then contacted Matt Booth (My Affordable Roof)and he stated they would take steps to resolve leak and complete the work. i On February 9, 2019, I spoke to Ms. Bartenbach and she advised the contractor(My Affordable Roof)came to the home and performed work on the roof, but the roof continued to leak. She stated she has again sent emaits to My Affordable Roof informing them of the continuing problem. � I spoke to Ms. Bartenbach the last week in February, 2019. At the time, she informed me that the roof continues to teak and My Affordable Roof is largely unresponsive, and they are forced to cancel the contract. k. OnFebruary 26' 2019, / researched permit#PR8DJQ10]102349and found that a 'Change of Contractor' had been documented.The subject permit currently reflects a change of contractor. 3. Thereafter, pursuant to Collier County Ordinance 2006-46, as amended, Section 4.3.2. and Section 4,3.3., the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against the Respondent. COUNT 1 S. Collier County Ordinance 2006-46, as amended, Section 4.2.2., Misconduct—State Certified Contractors, states: "Willfully violating the applicable building codes or laws of the state,city or Collier County." A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must: Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances and, (b)Start the work within 90 days after the date all necessary permits for work, if any, are issued, unless the person who made the payment agreed, in writing, to a longer period to applfor the necessary permits or start the work or to longer periods for both (Florida State Statute, Title XXX1I„ Chapter 489,Section 409.226(2)(a)&(b)). WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Ordinance 2006-46, as amended, Section 4.2., as amended, and WHEREFORE, in consideration of the foregoing,the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violations charged. ' �� ' ��- ���\��- � Dated: � / ~^ *~ �^ � Signed: Jackmph Collier County Contractors' Licensing Supervisor or Designee BEFORE THE COLLIER COUNTY CONTRACTORS' LICENSING BOARD INSTR 5741251 OR 5653 PG 2199 BOARD OF COUNTY COMMISSIONERS, RECORDED 7/18/2019 4:22 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY, FLORIDA, CONTRACTORS' COLLIER COUNTY FLORIDA REC$27.00 LICENSING BOARD Petitioner, V. Case Number: 2019-05 License Number: LCC20180002312/C35630 PATINO, LUIS G OASIS POOLS OF SOUTH WEST FLORIDA, INC Respondent, ADMINISTRATIVE COMPLAINT Collier County(County) files the Administrative Complaint against PATINO, LUIS G (Respondent),who holds a Collier County Certificate of Competency# LCC20180002312 (previous C35630) and states the following facts and allegations in support of the cited violations below: 1. The Respondent currently holds a Collier County Certificate of Competency#LCC20180002312 (previous C35630). 2. Under the provisions of Collier County Ordinance 2006-46, as amended, Section: 4.1. (Misconduct—Collier County/city certificate of competency), the following actions by a holder of a Collier County/city certificate of competency shall constitute misconduct and grounds for discipline pursuant to Section 4.3 (Disciplinary proceedings). a. I received the written complaint from homeowner, Craig Panzera, who resides at 1307 Little Blue Huron Ct., Naples, FL 34108(Subject Property)on December 18, 2018. The complaint stated that Mr. Panzera entered into a contract for pool, masonry and fence work with "Oasis Pools". The contract for the work was executed by the parties and dated February 7, 2018. The contract was for$53,619,47 and Mr. Panzera paid a deposit of$17,873.16 at the time of signing the contract. Mr. Panzera said he paid all monies as requested by the contractor that totaled $54,232.48. Mr. Panzera stated that the contractor performed all work at the subject property beginning in February, 2018 until November, 2018. Mr. Panzera stated that as of November, 2018' the work was uncomplete and unsatisfactory. Mr. Panzera stated since that date, no further work had been performed. Mr. Panzera further stated he had contacted the contractor numerous times to check on the status of his return to complete the work and the contractor was unresponsive to his calls and texts b. On December 20, 2018, I took photographs of subject property& observed the work that had taken place. The work observed included: ' Demolition of all tiles and a Pergola around the existing pool areas. ' Re-Finish of the masonry pool lanai areas and pool edges. ' A new concrete slab addition (where there was lawn grass previously) from west side of existing concrete Lanai west around house toward the street side. ' A new metal Fence (wrought iron type) around entire rear/side yard area. c. Mr. Panzera also showed me several areas of the re-finished masonry lanai floor that had cracking finish throughout. Mr. Panzera stated that the masonry lanai floor was supposed to be "stamped concrete", however,was put on with a smooth finish by Mr. Patino. Mr. Panzera stated that the Spa unit attached to the pool now has water leakage under the slab.Also, the electrical wiring to run the Spa has been removed with no wiring to replace and run the Spa. Mr. Panzera also stated that some of the mechanical devices to operate the pool no longer work (Pool Heater, Pool/Spa lights). d. Although the pool work was contained on an Owner-Builder Permit taken out by Mr. Panzera, I located no permit for the metal fence installation that was to be the responsibility of LuisPadno. e. Mr. Panzera provided me a copy of the contract and I have included it as exhibit 11. f. I received the copies of the checks of reflected the initial deposit of$17,873.16 and the later payments and have attached them as exhibit 12 and Invoices (exhibit 14). g. Upon investigation of the company, Oasis Pools of South West Florida, Inc, the company held only a Collier County Certificate of Competency#C35630, Luis G Patino for Swimming Pool Maint. & Repair, and DBPR as Registered Pool/Spa Servicing Contractor(exhibits 5 & 6). I also located a company listing in State of Florida, Division of Corporations(exhibit 7). h. I also located internet advertising on Oasis Renovations/Oasis Pools that showed a license# RP252555416, Pool/Spa Servicing Contractor(exhibit 17). On February 2, 2019, received from Mr. Panzera, an Estimate that was specificaHy for the unfinished and unsatisfactory work as contracted to Luis Patino, Oasis Pools.The Estimate from Hydrotech Pools Inc., documented a cost of$11,870.00 for the repairs(exhibit 18). j. Luis Patin°voluntarily closed the license for Oasis Pools of South West Florida, Inc (C35630) and moved it to new company,The Oasis Group of SWFL, Inc(LCC20180002312)on December 3, 2018 for the same scope of work, Swimming Pool Maint. & Repair. 3. Thereafter, pursuant to Collier County Ordinance 2006-46, as amended, Section 4.3,2.and Section 4.3.3,, the complaint was investigated and found sufficient cause to file formal charges. 4. Collier County brings the following charge in this formal complaint against the Respondent. COUNT 1: 4.1.2. -Contracting to do any work outside of the scope of his/her competency as listed on his/her competency card and as defined in this Ordinance or as restricted by the Contractors' Licensing Board. (1): Unlicensed Concrete placing and finishing contractor, Unlicensed Fence erection contractor Unlicensed Aluminum contractor. (2):Unlicensed Advertising for Pool& Patio Renovations, Patio Resurfacing,Stucco Work,Deck Work, Electrical. (1.1.-Unlawful to contract without a certificate of competency. It shall be unlawful for any person, firm, partnership, corporation or other legal entity to:.. advertise or represent himself/herself or a business organization as available to engage in any construction contracting business,or act in the capacity of a contractor without having first made application for and having been issued a current and valid county/city certificate of competency. (2006-46,Section 1.1.)—Website,www.oasispoolsco.com, has advertising for Patio Resurfacing and other as documented.)) COUNT 2: 4.1.8. -Committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. COUNT 3: 4.1.10.-Failing to promptly correct faulty workmanship COUNT 4: 4.1.18. -Proceeding on any job without obtaining applicable permits or inspections from the City building and zoning division or the county building review and permitting department. WHEREFORE, the Petitioner asserts the above facts and charges are grounds for disciplinary action under Collier County Ordinance 2006-46, as amended, Section 4.2., as amended, and WHEREFORE, in consideration of the foregoing, the Petitioner respectfully requests the Collier County Contractors' Licensing Board to find the Respondent guilty of the violations charged. Dated: 2^4/' Signed: �. L./Collier county contractors'Licensing Supervisor or Designee