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CEB Minutes 04/26/2019 April 26, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, April 26, 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 Kathleen Elrod Gerald J. Lefebvre Ryan White Ron Doino (absent) Herminio Ortega (absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, 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 April 26, 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 1. CASE NO: CESD20180011522 OWNER: Favian Rodriguez and Caridad Salceiro OFFICER: Thomas Pitura VIOLATIONS: 2017 South Florida Building Code, Chapter 1, Part 2, Section 105, and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Expired permit PRBD20150514925 for aluminum framing and roof panel. No permit for open porch addition to the rear with concrete block wall. Voided permit 2011030226 for 6’ vinyl fence with gate. FOLIO NO: 77390002589 PROPERTY 13671 Legacy Lane, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20170014131 OWNER: CARLOS A ROJAS PA OFFICER: JONATHAN MUSSE VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Inspections and certificate of completion needs to be obtained for Permit #PRBD20170728476 for the interior remodel. FOLIO NO: 55100800003 PROPERTY 255 Pine Valley Circle, Naples, FL ADDRESS: 2. CASE NO: CESD20180008044 OWNER: Paul A Burcky and Cathleen T OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) FOLIO NO: 26480720007 PROPERTY 4425 North Rd. Naples, FL ADDRESS: 3. CASE NO: CESD20160018932 OWNER: Damian S Maroney and Heather A Maroney OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Installed a patio and brick covered concrete columns without obtaining required Collier County permits. FOLIO NO: 76364240006 PROPERTY 5900 Waxmyrtle Way Naples, FL ADDRESS: 4. CASE NO: CELU20190001235 OWNER: Lowe’s Home Centers Inc OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03 FOLIO NO: 25368002589 PROPERTY 12730 Tamiami Trail E, Naples, Fl ADDRESS: 5. CASE NO: CESD20180011977 OWNER: Charles Berkley Tabeling OFFICER: Virginie Giguere 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). Alterations made to dock prior to obtaining Collier County Building permits. Permit PRBD20161144856 in void status and PL20180000482 – incomplete. FOLIO NO: 52341720000 PROPERTY 15 Capri Blvd, Naples, FL ADDRESS: 6. CASE NO: CESD20180010777 OWNER: PLAZA BAYSHORE CORP OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Confirmed the observations made by contractor licensing that interior modifications were made to this structure without obtaining the required Building permits, inspections and certificate of completion. FOLIO NO: 71580160004 PROPERTY 2727 Bayshore Dr, Naples, FL ADDRESS: 7. CASE NO: CESD20180006671 OWNER: Anthony High, Veronica Andis-High OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) and Florida Building Code, 5th Edition, Chapter 1, Section 105.1. Alterations/additions commenced prior to obtaining required Collier County Building permits. FOLIO NO: 80221880003 PROPERTY 9512 Chelford Ct, Naples, FL ADDRESS: 8. CASE NO: CESDSD20180009477 OWNER: Ray H Brown TR TD 6-6-88 OFFICER: Arthur Ford 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). Interior remodel, plumbing, electrical work and removal of interior walls without required permits, inspections and certificate of completion. FOLIO NO: 23470280000 PROPERTY 9051 Gulf Shore Dr Unit 301, Naples, FL ADDRESS: 9. CASE NO: CEV20190000788 OWNER: Jordan A Thompson OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Article III, Chapter 130-96(a), Chapter 130, Section 130-97(5) and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Recreational vehicle parked on the grass in front of the residence, commercial vehicles/equipment parked on the grass in front of the residence, passenger vehicles parked on the grass and/or County right of way. FOLIO NO: 62704560004 PROPERTY 672 92nd Ave N, Naples, FL ADDRESS: 10. CASE NO: CESD20180009474 OWNER: CARA INTERNATIONAL LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior alterations and the installation of a water heater without first obtaining a valid Collier County permit. FOLIO NO: 80371640009 PROPERTY 4652 Navassa LN, Naples, FL ADDRESS: 11. CASE NO: CEV20190002393 OWNER: Ernest J Valdastri OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95 and 130-96(a) and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A). Repeat violation of a vehicle and boat trailer with expired tags, two recreational vehicles parked on the side of the dwelling and a vehicle parked on the grass. FOLIO NO: 49532360004 PROPERTY 30 Creek Circle, Naples, FL ADDRESS: 12. CASE NO: CESD20180008035 OWNER: ESTANCIA US LLC OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior construction/alteration at a commercially zoned property without required Collier County permit(s). FOLIO NO: 55850160006 PROPERTY 4701 Bonita Beach Rd, Bonita Springs, FL ADDRESS: 13. CASE NO: CESD20190000120 OWNER: Maria Teresa Paz OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Alterations to shed, including, but not limited to, added electric, window, door and attached covered porch without obtaining required Collier County permits. FOLIO NO: 82640280004 PROPERTY 2480 Andrew Dr, Naples, FL ADDRESS: 14. CASE NO: CEPM20180013070 OWNER: Kathleen Valenta Et Al OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI Sections 22-228(1), 22-231(12)(b), 22-231(12)(c), 22-231(12)(i) and 22-231(15) and the 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: 15. CASE NO: CESD20180002262 OWNER: CTPML LLC OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior alterations commenced prior to obtaining proper Collier County permits. FOLIO NO: 384600003 PROPERTY 213 and 261 Airport Road S, Naples, FL ADDRESS: 16. CASE NO: CENA20180012429 OWNER: Angelo Lucarelli and Gail Lucarelli OFFICER: Christopher Harmon VIOLATIONS: Collier County Code of Ordinances, Chapter 54, Article VI, Section 54-185(d). Presence of prohibited exotic vegetation, including, but not limited to, Brazilian Pepper and Melaleuca trees on an unimproved parcel not zoned Estates or Agricultural, within 200 feet of improved property. FOLIO NO: 00163080006 PROPERTY No site address 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: CEPM20180012643 OWNER: Reynolds Cavins and Edie Hunter-Cavins OFFICER: Joseph Mucha VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(1) and 22-231(2). Dwelling being occupied without running hot and cold water, no sanitary facilities. FOLIO NO: 01208240001 PROPERTY 108 Cardinal Ct, Everglades City, FL ADDRESS: 2. CASE NO: CELU20160010501 OWNER: Anthony V Piccirilli Est OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), 2.02.03, 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted alterations to the carport structure resulting in residential uses of industrially zoned property. FOLIO NO: 249120000 PROPERTY 1891 Elsa St, Naples, FL ADDRESS: 3. CASE NO: CESD20170002305 OWNER: IMMOKALEE DEVELOPMENT CORP OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)(1)(e). Unpermitted renovation to a vacant dwelling unit contained within a duplex. FOLIO NO: 00132800000 PROPERTY 101 Eustis Ave, Immokalee, FL ADDRESS: 4. CASE NO: CELU20180004729 OWNER: N-A PROPERTIES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Several dumpsters on the ground on the property, miscellaneous items being stored outside consisting of, but not limited to, metal, wood, tables, inoperable vehicles. FOLIO NO: 38169440007 PROPERTY 5630 Copper Leaf LN, Naples, FL ADDRESS: 5. CASE NO: CESD20180006398 OWNER: Eduardo Rodriguez OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i), Florida Building Code, 5th Edition, Chapter 1, Section 105.1 and Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Unpermitted shed, fence/gate, and culvert pipe. FOLIO NO: 22670640001 PROPERTY 4718 Alladin LN, Naples, FL ADDRESS: 6. CASE NO: CEPM20170017109 OWNER: Milan Jovanovic OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Section 22- 231(12)(p), 22-231(12)(i) and 22-231(12)(c). Roof and soffit damage, broken windows, floor and ceiling damage to the inside of the unit. FOLIO NO: 62414120006 PROPERTY 835 104th Ave N, Naples, FL ADDRESS: 7. CASE NO: CESD20170018189 OWNER: Maylet Marquez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Concrete wall, room addition and shed constructed without obtaining a Collier County Building permit. FOLIO NO: 41044280007 PROPERTY 3665 14th Ave SE, Naples, FL ADDRESS: 8. CASE NO: CESD20170003393 OWNER: ROCK CREEK CASITA II INC OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations commenced prior to obtaining Collier County Building permits. FOLIO NO: 24831520007 PROPERTY 1363 Delmar LN, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER 1. CASE NO: CESD20170007444 OWNER: Isis Y Amaro OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Five metal carport(s) with electric. A shipping container, pole barn, a back porch attached to the primary structure, lanai converted into living, an addition attached to the lanai also converted into living space. All constructed without first obtaining the authorization of the required permits, inspections and certificates of occupancy from the Collier County Building Department. FOLIO NO: 37016400007 PROPERTY 310 11th St SW, Naples, FL ADDRESS: VII. NEW BUSINESS 7.1. 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.A . May 23, 2019 at 9:00 a.m. XIV.ADJOURN April 26, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody. I'd like to call the Code Enforcement Board to order. Notice: The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of 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 the evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. So if we'd all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Why don't we start out, Elena, with the roll call. MS. GONZALEZ: Mr. Kaufman? CHAIRMAN KAUFMAN: Here. MS. GONZALEZ: Mr. Lefebvre? MR. LEFEBVRE: Here. MS. GONZALEZ: Ms. Elrod? MS. ELROD: Here. MS. GONZALEZ: Mr. Doino? (No response.) MS. GONZALEZ: Ms. (sic) White? MR. WHITE: Here. MS. GONZALEZ: I'm sorry. Mr. White. Ms. Curley? April 26, 2019 Page 3 MS. CURLEY: Here. MS. GONZALEZ: And Mr. Ortega, he's going to be excused for today. CHAIRMAN KAUFMAN: And I guess Ron also; Ron Doino is excused as well. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. I would tell you that our alternates would be voting, but we don't have any alternates, so we don't have to worry about that. Okay. I'm sure that everybody stayed up last night to read the minutes. So any questions on the minute s? If I hear none, I'll take a motion to approve them? MS. ELROD: Motion to approve. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Moving right along. Are there any changes to the agenda? MS. GONZALEZ: Yes, we have some. CHAIRMAN KAUFMAN: Okay. Could you move your mic a little bit over. That's it. Perfect. MS. GONZALEZ: We have some cases that have been withdrawn from today's agenda. Item No. 2 from hearings, CESD20180008044, has been April 26, 2019 Page 4 withdrawn. Item No. 3, Case No. CESD20160018932, has been withdrawn. Item No. 4 from hearings, Case No. CELU20190001235, has been withdrawn. Item No. 16 also from hearings, it's Case No. CENA20180012429, has also been withdrawn. And from imposition of fines and liens, Item No. 1, Case CEPM20180012643, is withdrawn. Item No. 2 from imposition of fines and liens, Case No. CELU20160010501, has been withdrawn. And Item No. 4 from imposition of fines and liens, Case No. CELU20180004729, has been withdrawn. And that's what we have for now. CHAIRMAN KAUFMAN: Okay. Could I get a motion from the Board to accept the agenda as modified? MS. ELROD: Motion to accept. MR. WHITE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to? MS. GONZALEZ: We have one. The first case is for a motion for extension of time. Case No. CESD20180011522. Respondent: April 26, 2019 Page 5 Favian Rodriguez and Caridad Salceiro, at 13671 Legacy Lane. CHAIRMAN KAUFMAN: Okay. If you give us a minute. We have a letter from the respondent. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning. MS. SALCEIRO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. SALCEIRO: My name is Dalynn Salceiro. I'm speaking on behalf of my mother, Caridad Salceiro. CHAIRMAN KAUFMAN: Okay. And she gave you permission to speak, I'm sure. MS. SALCEIRO: Yes. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. We have a hard copy of the letter that was sent in. Do you want to elaborate on that or -- MS. SALCEIRO: Well, I personally -- I thought that it was 90 days so that we had to get it done before April 26th or around there, and because we're going to be so short in time, I asked for the extension, because me and Joe, we've been working closely to try to get everything done. So we think that it's just going to be a little bit more time trying to figure out with the vinyl fence or vinyl roofing that we have. Not the vinyl fence; the aluminum framing roof panel that we have. CHAIRMAN KAUFMAN: So is it all done? MS. SALCEIRO: We're still working on it, because the permits that we were approved back in 2011, I believe, or 2013, they were approved, but supposedly they were never supposed to be approved. But based on the blueprints and everything, they are 15 feet from where the door is for the backyard. April 26, 2019 Page 6 So I think that we should be fine, but we're working with Renald to try to see if we can get this done and reapproved so we can get the inspection started. CHAIRMAN KAUFMAN: So you're looking to get an extension on the case right now until you have everything. So let me ask the county. Joe? MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. So we're dealing with four issues here, basically. We have an expired fence permit, which should be pretty easy to take care of. We have a porch that there may or may not be a setback issue with that we've got to work with, because it was approved at one point, and then Renald -- we're working with Renald, and he said there may be an issue there, so that's something we've got to kind of still dig into a little bit. There's, I guess, a carport on the side of the house that you guys are going to take down. MS. SALCEIRO: We're going to take that down. MR. MUCHA: And that doesn't require a permit, so that should be an easy fix, and then there's that concrete block wall that there's some corrections that need to be done to resubmit that permit. So it's four issues. Two are fairly easy to take care of, and then a couple that we've got to work through with Renald. But she's been coming in meeting with me, I think, every month. We meet with Renald. And I think she just came short time. CHAIRMAN KAUFMAN: How much time do you think it will take to get everything resolved? I could ask both of you. MS. SALCEIRO: This is my first time, so I'm really not quite sure. I'd ask one of the experts. MR. MUCHA: Maybe another six months just to get everything done. CHAIRMAN KAUFMAN: Okay. It's not a health and safety? April 26, 2019 Page 7 MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Gerald? MR. LEFEBVRE: Question: Is there any way to try to get some of these issues corrected now, like the expired fence permit? MR. MUCHA: That should be relatively easy. MS. SALCEIRO: Yeah. MR. LEFEBVRE: I mean, just go ahead and get that taken care of so you can kind of check off the boxes. MR. MUCHA: We spoke about that this morning. I said, let's get the easy stuff done. MS. SALCEIRO: Yeah, basically, what we were doing, the first time we met with Renald, we were going to -- what I was advised was to just wait till we can pay for all permits at once and just do one inspection on everything. MR. LEFEBVRE: Okay. MS. SALCEIRO: So based -- now we're just going to go ahead and start with the fence. The concrete block that we built, I already went over there and showed them pictures, and I told them that we installed the footer and everything, and I was supposed to hear back from them. I've been checking the mail. I was talking with them, and they told me that they sent one out on the 19th, bu t I haven't seen it, and my mom hasn't seen it either, and we've been watching the mail closely. But they have a copy, and they're going to give it to me. MR. MUCHA: I can get you a copy of that. MS. SALCEIRO: Just to see what needs to be done. CHAIRMAN KAUFMAN: What I would suggest is we give a period of time, come back and see what's been done. Instead of a whole apple, half an apple. If you say six months, maybe someone would like to make a motion to do three months, and maybe it will all be done. April 26, 2019 Page 8 MR. MUCHA: I think the original compliance date was actually June 24th, and she was, I think, under the impression that it was in April, and she sent the letter in, and -- but I think maybe if you even did three months beyond that original compliance date, you know, that might be fair. MS. CURLEY: How about, like, the August meeting, end of summer? CHAIRMAN KAUFMAN: Okay. Do you want to make a motion? MS. CURLEY: Do you want me to make it for the date or the period of time? I make a motion to -- extension of time for this case, and the expiration date would be the August meeting. If we have that -- does anyone have that date handy? MR. LEFEBVRE: Are you looking at an extension or continuance? Extension would be no fines. CHAIRMAN KAUFMAN: You're looking probably for a continuance. MS. CURLEY: Okay. So I just looked down at the agenda, and it says motion for extension of time. So do you want me to continue then? CHAIRMAN KAUFMAN: You can continue it or you can do an extension. The title of the -- that doesn't mean anything to me. MS. CURLEY: Let's do a motion to extend. And what is the date of the August meeting? MS. GONZALEZ: August 22nd. MS. CURLEY: Okay. So a motion -- the motion is to extend the time to August 22nd, 2019. CHAIRMAN KAUFMAN: Do you want to extend it or do you want to do a continuance? Continuance fines would accrue after the June time frame, and then we can solve that in the August meeting. MS. CURLEY: No, I would like to extend. Not -- I don't want April 26, 2019 Page 9 the fines to start August 26th -- or June 26th. CHAIRMAN KAUFMAN: Okay. That's your motion. Do we have a second? MS. ELROD: I'll second. CHAIRMAN KAUFMAN: What? MS. ELROD: I'll second the motion. CHAIRMAN KAUFMAN: Okay. We have a motion and a second for an extension. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? Aye. Okay. MS. SALCEIRO: Thank you. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Has that baby been sworn? MR. LEFEBVRE: Too young. MS. GONZALEZ: Mr. Chairman, we have some stipulations as well. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: The first one is Item No. 5 from hearings, Case No. CESD2018001977, Charles Berkley Tabeling. Property address: 15 Capri Boulevard, Naples. (The speaker was duly sworn and indicated in the affirmative.) MR. LEFEBVRE: Do we have to amend the agenda? CHAIRMAN KAUFMAN: Yeah. How many stipulations do we have? MR. LEFEBVRE: We have to go through them all. MS. GONZALEZ: We have six. April 26, 2019 Page 10 CHAIRMAN KAUFMAN: Why don't you read them into the record, and we'll adjust the agenda accordingly. MS. GONZALEZ: Okay. The first one was this one, No. 5; second one is Item No. 6, CESD20180010777; Item No. 10 from hearings, Case CESD20180009474; Item No. 12, CESD20180008035; Item 14, Case CEPM20180013070; and, Item 15, Case CESD20180002262. CHAIRMAN KAUFMAN: Get a motion from the Board to modify the agenda? MR. LEFEBVRE: Make a motion to modify the agenda. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us back to Case No. 5. MS. GIGUERE: Good morning. CHAIRMAN KAUFMAN: Good morning, Vicki. MS. GIGUERE: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required building permits, inspections, and certificate of completion/occupancy for installation of the boatlift or removal of the boatlift within 120 days of this hearing, or a fine of April 26, 2019 Page 11 $100 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using 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. Let the record show that the respondent is not present. MS. GIGUERE: Correct. He was not able to make it today. And, for the record, Vicki Giguere, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Thank you, Vicki. Jeff, are you putting it up there? MR. LETOURNEAU: A little late here; better late than never. CHAIRMAN KAUFMAN: So he signed it. They realized what the date was, et cetera. MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board? (No response.) CHAIRMAN KAUFMAN: I'll make a motion to accept the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. April 26, 2019 Page 12 MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GIGUERE: Thank you. CHAIRMAN KAUFMAN: Thanks, Vicki. MS. GONZALEZ: Mr. Chair, we have one more stipulation. CHAIRMAN KAUFMAN: I'm sorry. You ran out of -- no. MS. GONZALEZ: The next one is CESD20180009477. It's Item No. 8. CHAIRMAN KAUFMAN: That's Ray H. Brown. MS. GONZALEZ: Brown, yes. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: But now we will hear Item No. 6. CHAIRMAN KAUFMAN: Hold on. We need a motion from the Board to accept the agenda as changed. MR. WHITE: Motion to accept the modified agenda. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GONZALEZ: Thank you. Item No. 6, it's Case CESD2018001077, Plaza Bayshore Corp. April 26, 2019 Page 13 (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: For the record, John Johnson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning. MR. JOHNSON: Good morning. CHAIRMAN KAUFMAN: This was a case that had to do -- that was referred by Contractors Licensing? MR. JOHNSON: Correct. CHAIRMAN KAUFMAN: Okay. Why don't you read the stipulation into the record. MR. JOHNSON: Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion/occupancy for described structure alteration within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Thank you. Let the record show that the respondent is not present. Okay. You've been in contact with them, obviously. MR. JOHNSON: Yes. We actually met just before the meeting. April 26, 2019 Page 14 They had to leave. I met with the respondent and the contractor. He had to get a new contractor, so they are well on board with this. CHAIRMAN KAUFMAN: No problem. Okay. Any motion from the Board? MS. ELROD: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. MS. GONZALEZ: Mr. Chair, we have one more stipulation. CHAIRMAN KAUFMAN: I told you you ran out of those. Okay. MS. GONZALEZ: Item No. 1, Case CESD20170014131, Carlos Rojas. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the agenda as modified? MR. WHITE: Motion to accept the agenda. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. April 26, 2019 Page 15 MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I think you've now run out of the ability to change. Okay. MS. GONZALEZ: So we'll call that case. Item No. 1, Case CESD20170014131, Carlos Rojas, at 255 Pine Valley Circle in Naples. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. ROJAS: It's Maria Rojas. CHAIRMAN KAUFMAN: You can bring that down. Thank you. Okay, Jonathan. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by obtaining all required Collier County building permits, inspections, and certificate of completion for the reroof and interior remodel within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; The respondent must notify the Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's April 26, 2019 Page 16 Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Now, you're not Carlos. MS. ROJAS: I'm the mother. CHAIRMAN KAUFMAN: The kids. Pesky little devils, okay. Do you understand the stipulation? MS. ROJAS: Yeah. We are just on the last -- we calling for final inspection. The cage is up. The roof is done. So pretty much, hopefully, then, before the 30 days we'll be done. CHAIRMAN KAUFMAN: Very good. MR. LEFEBVRE: Just a quick question. This was first observed August of 2017. Why did it take so long to get to this stage? MR. MUCHA: Well, she had inactive permits for quite some time that had recently expired. MR. LEFEBVRE: Oh, okay. Perfect. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. LEFEBVRE: Make a motion to accept the stipulated agreement. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. April 26, 2019 Page 17 Thank you very much. Good luck. Okay. What do we have up next? MS. GONZALEZ: Next we have next -- or stipulation, Item No. 8, Case CESDSD20180009477, Ray H. Brown, TR. Property address: 9051 Gulf Shore Drive, Unit 301. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: I think you're taller than our last respondent. If you could raise that and state your name on the microphone for us. MR. FERNANDEZ: Michael Fernandez with Planning Development. CHAIRMAN KAUFMAN: Okay. You have the authority to speak in behalf of the respondent? MR. FERNANDEZ: Yes. I provided a letter of authorization that allows us to speak and to encumber any deals or anything that we decide upon. CHAIRMAN KAUFMAN: Very good. Okay. Good morning. MR. FORD: Good morning. For the record, Arthur Ford, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; Abate all violations by: Obtain all required Collier County permits, inspections, and certificate of completion/occupancy within 180 days of this hearing, or a fine of $200 will be imposed for each day the violation continues; The respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into April 26, 2019 Page 18 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. Do we have any questions or comments from the Board of the county? I have one. Is this an extensive remodel that's going to require six months? MR. FORD: It is. The work's completed, and it was done without permits, so they had to hire the firm, and it's my understanding that they don't allow -- the association doesn't allow work between May and November. Do I have that correct? MR. FERNANDEZ: No. It's the only period of time, and that's why it hasn't acquired -- we provided a copy of the rules and regulations of the high-rise to staff so they could see it for themselves. Also, there's a third-party interest in that the original violation was noticed by the owners of the unit below due to noise, and there had to be an agreement that needs to be worked out. That's going to be taken up by the association and the owners next month with that agreement. Then we can proceed to do the -- basically, it's going to be carpeted, and that's the -- that's the solution to the noise portion of it, and then the other items can be all permitted and done within that time period that we've agreed to. CHAIRMAN KAUFMAN: Okay. Any comments or questions from the Board? MS. CURLEY: You said the only time you're able to perform work is from May through November? So you have a period -- MR. FERNANDEZ: That's correct. And until we reach agreement and the board signs off on it, we can't do anything. MS. CURLEY: Right. CHAIRMAN KAUFMAN: Well, let me ask a question since Herminio's not here. April 26, 2019 Page 19 This was done by the current owner, the modification? MR. FERNANDEZ: Yeah. CHAIRMAN KAUFMAN: I didn't believe -- and correct me if I'm wrong, that you cannot do it by affidavit if you are the one who violated it. Am I correct, Jeff? MR. LETOURNEAU: That's what I believe. I don't know if they change the rules for a particular case like this, but the history shows that they only give it to people that buy the actual violation. CHAIRMAN KAUFMAN: Correct. That's my understanding as well. MS. CURLEY: Right. So Francine and Ray Brown are in title since 1989. MR. LETOURNEAU: I do believe the building official does have the discretion to go either way he wants to. I think that's just one of his policies. MR. FERNANDEZ: Yeah. I believe we have in the past processed permits by affidavit. CHAIRMAN KAUFMAN: That's correct, and I agree with you. MR. FERNANDEZ: For the owner. CHAIRMAN KAUFMAN: They changed -- MR. FERNANDEZ: Okay, policy. CHAIRMAN KAUFMAN: They changed the policy; I think it was about a year ago. MR. LETOURNEAU: I think it was probably even before, maybe right around the time that Irma came through. CHAIRMAN KAUFMAN: Okay. Well, anybody want to make a motion from the Board? MR. LEFEBVRE: Make a motion to accept the stipulated agreement as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. April 26, 2019 Page 20 All those in favor? MS. ELROD: Aye. MS. CURLEY: (No verbal response.) CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. FERNANDEZ: Thank you. MR. FORD: Thank you. CHAIRMAN KAUFMAN: For the future, could you check on that, Jeff? MR. LETOURNEAU: I will, yeah. I just -- I don't know if it's an actual Florida Building Code rule or it's a Collier County Building Official policy. I'll find out. CHAIRMAN KAUFMAN: Herminio is the one who brought it to our attention quite a while ago. Okay. MS. GONZALEZ: Okay. Next case is Item No. 10, Case No. CESD20180009474, Cara International, LLC. Property address is 5007 Tamiami Trail East, and we have a stipulation. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. ZHOU: Fugan Zhou, the owner of Cara International. CHAIRMAN KAUFMAN: I have a question about water heaters going forward, so put your water heater hat on, Jeff. Okay. You want to read the stipulation into the record for us. MR. MUCHA: Good morning. For the record -- I'm sorry. For the record, Investigator Jonathan Musse, Collie r County Code April 26, 2019 Page 21 Enforcement. It is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days of this hearing; and, Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certificate of completion for the alterations and installation of the water heater within 90 days of this hearing or a fine of $100 per day will be imposed until the violation's abated; Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance; That if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Do you have something to say, Jeff? MR. LETOURNEAU: I was just waiting for your question. CHAIRMAN KAUFMAN: With bated breath. I know that water heaters have been a topic that's been discussed by the County Commission, et cetera; that you could go and buy tickets, if you will, to replace water heaters. And I know that it's different in a condo than it is in a single-family house. Is that -- is my understanding correct? MR. LETOURNEAU: That is correct. Is this a commercial? MR. MUCHA: Yes. MR. LETOURNEAU: Yeah. So it's the same rule for a commercial establishment; you would need to get a permit for a water heater. Only single-family homes, I believe, are exempt from April 26, 2019 Page 22 that. CHAIRMAN KAUFMAN: Okay. And I see this goes back to August; is that correct? MR. MUCHA: Correct. MS. CURLEY: I don't understand the timeline here. This is just -- MR. MUCHA: They had a permit. The tenants hired a contractor. Well, the tenants completed the work, hired a contractor that would pull the permit for them. There was a falling out between the tenants and the contractor, so the permit was then rejected, so that's why we're here today. MS. CURLEY: And that's since August 16th -- or September 15th, 2018? MR. MUCHA: Well, that's when we found them in violation; did the process. They applied for the permit. Then a permit's good for six months. Never was issued, but it was in reject status, so we brought it to hearing a little earlier. MS. CURLEY: So have you inspected the site? MR. MUCHA: Not since -- well, I went there when I posted the notice of hearing a couple weeks ago. CHAIRMAN KAUFMAN: So the permit's still active? It hasn't been -- MR. MUCHA: Right now it's expired. CHAIRMAN KAUFMAN: The permit's expired. MR. MUCHA: Correct. CHAIRMAN KAUFMAN: Why don't we ask the respondent what the story is. If you would, sir. MR. ZHOU: I wish I know more, but I don't. But all I know, as of last night they hired a new contractor and filed another permit, and it's in the system. I just verified with him. CHAIRMAN KAUFMAN: Other than the water heater, is there April 26, 2019 Page 23 any other construction that needs to be inspected? MR. ZHOU: I don't know what's needed to be permitted or what doesn't need to be permitted. They did flooring, all that stuff, and that's about it. MR. MUCHA: They did change some of the floor plans from the original -- there was a permit that was issued back in '93 that had a floor plan, and when I went there at the beginning of the case, the floor plan was different, so that's the alterations that they're going to correct, plus the electric water heater. CHAIRMAN KAUFMAN: Not the floor; the floor plan. MR. MUCHA: Floor plan, yeah, yeah, yeah. MS. CURLEY: So who's "they"? MR. ZHOU: The tenant. MS. CURLEY: I see. CHAIRMAN KAUFMAN: Okay. This is a condo with a condo association and all the rest that goes with that. MR. MUCHA: It's a commercial building, but it's the same type situation with the condos, yeah, units. CHAIRMAN KAUFMAN: Okay. And you think you'll be able to get this thing resolved in 90 days? MR. ZHOU: Yeah. I was assured they will get it done. MS. CURLEY: So are you going to pull the permits and manage this, or are you going to let these other people that haven't done so well thus far manage it? MR. ZHOU: I mean, I understood Incencia (phonetic). She has a language barrier with the contractor, original the contractor. The new contractor speaks both languages. And they also hired a permit lady who does this professionally. So I got the 90 days. I will be on it, and I told her; otherwise, I'm going to get my lawyer on it, and so I've got to take control of it. Initially I relied upon her, because I think it's a simple thing to April 26, 2019 Page 24 resolve, but apparently not. CHAIRMAN KAUFMAN: Okay. Any other comments from the Board? MR. LEFEBVRE: Make a motion to accept the stipulated agreement as written. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, sir. MR. ZHOU: Thank you all for the time. MS. GONZALEZ: The next case is also a stipulation. Item No. 12. CESD20180008035, Estancia U.S., LLC, at 4701 Bonita Beach Road, Bonita Springs, Florida. (The speaker was duly sworn and indicated in the affirmative.) MR. HARMON: Good morning. Chris Harmon, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Good morning. MR. HARMON: Thank you. It is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. Two, abate all violations by: Must obtain all required Collier April 26, 2019 Page 25 County building permits or demolition permits and request all inspections through certificate of completion/occupancy for the described structure/alteration within 180 days of this hearing, or a fine of $200 per day will be imposed. Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I see this started close to a year ago, so between February, I guess it was, and July, nothing was done, really. MR. HARMON: Once the notice of violation was issued, permit applications were submitted subsequent to that by contractors. Ultimately, those were rejected. And I believe they had to work with the Building Department and the contractors to try to get new permits in. They've reactivated one of the permits. I believe it is currently rejected as of this week but they have been working with the Building Department to come into compliance. CHAIRMAN KAUFMAN: So it's still no permit, in essence? MR. HARMON: Correct. There's a permit application, but it is currently rejected. CHAIRMAN KAUFMAN: Okay. Is there -- what is the nature of the construction? Does it have to do with electrical or plumbing? MR. HARMON: I'm sorry, sir? CHAIRMAN KAUFMAN: Does -- the scope of the work, is that plumbing, electrical? April 26, 2019 Page 26 MR. HARMON: Correct. CHAIRMAN KAUFMAN: It is? Both. MR. HARMON: Correct. Both, yes. CHAIRMAN KAUFMAN: Is there any safety concern that we should have on this? MR. HARMON: Not that I'm aware of. MS. CURLEY: So it's a business. Do you know what the business is? MR. HARMON: It's a hotel. MS. CURLEY: So is it operating now? MR. HARMON: Correct. MS. CURLEY: So what part of the hotel, then, I guess? MR. HARMON: It was a common area. It's not the rooms. It was, like, a gathering area. And I don't believe that is currently being used, but I know that they are open for business for guest rooms. CHAIRMAN KAUFMAN: Okay. It just seems to me 180 days -- that's six months. As my colleague to my left would like to say, I can build a whole house in close to that amount of time, and this is just something in the area there. This seems a little long to me. MR. HARMON: Some of the other issues involved were a FEMA floodplain review and some zoning issues that they were trying to make work with the building permit. CHAIRMAN KAUFMAN: Okay. MR. SHORT: If I could just be sworn. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: For the record, Eric Short, supervisor with Collier County Code Enforcement. When this came about, the applicants had to apply for a zoning application and do a planning review to ensure this use was allowed for this area. In doing that, the permits don't get issued until that planning April 26, 2019 Page 27 application is satisfied, and the latest that I've looked at it, that planning application is satisfied, and now we're looking into let's get the permits done. They applied for a few different ones with plumbing, and now we've got that all into one permit where it looks like we're moving in the right direction. CHAIRMAN KAUFMAN: And you think six months is the right -- MR. SHORT: I do. CHAIRMAN KAUFMAN: -- amount of time? MR. SHORT: I do. MS. CURLEY: Is it a contractor that's performing all this now? MR. SHORT: It is. It's a commercial piece of property that requires a contractor to perform the work. CHAIRMAN KAUFMAN: It's required. Okay. Any other comments from the Board? MS. ELROD: I'll make a motion to accept the stipulation. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. HARMON: Thank you. CHAIRMAN KAUFMAN: Which brings us to? MS. GONZALEZ: Our next stipulation, Item No. 14, Case CEPM20180013070, Kathleen Valenta. The address is 5 Derhenson April 26, 2019 Page 28 Drive in Naples. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Take us down the path. MR. MUCHA: Okay. For the record, Joe Mucha, Collier County Code Enforcement. I met with Ms. Valenta yesterday. Therefore, it is agreed between the parties that the respondents shall: One, pay operational costs in the amount of $59.77 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by securing the swimming pool area by erecting a temporary safety barrier with a minimum height of 48 inches within seven days of this hearing or a fine of $100 per day will be imposed until the violation is abated; By chemically cleaning the pool water, killing the algae growth, and maintaining the filtration system to keep the pool water clean and provide biweekly treatments or chemically treating the pool water, killing the algae growth, and covering the pool to prevent safety hazards, insect infestations, and intrusion of rainwater within 30 days of this hearing, or a fine of $100 will be imposed for each day the violation continues; Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the repair or removal of the mobile home within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Obtaining all required Collier County building permits, inspections, and certificate of completion/occupancy for a Florida Building Code approved pool safety barrier within 180 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; April 26, 2019 Page 29 Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Lastly, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I have a few questions. MR. MUCHA: Sure. CHAIRMAN KAUFMAN: On the pool, temporary fence needs to go up within seven days or $100 -a-day fine. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Let me stay on that. MS. CURLEY: I have a question. Is it an above-ground pool or below-ground pool? MR. MUCHA: In-ground pool. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: Number 2, the 30 days to chemically treat that pool. MR. MUCHA: They're basically going to have to cover the pool because there's a -- this was a mobile home with a pool, got damaged by the hurricane. Pool cage is gone. They're going to be taking the mobile home out. It's damaged pretty much beyond repair. So they're going to -- they want to keep the pool. They want to bring a new mobile home in. So they're going to basically have t o cover the pool to standards set forth by the county. CHAIRMAN KAUFMAN: As far as the mobile home is concerned, any idea when they're going to remove that? MR. MUCHA: They do have a permit in now to demolish -- remove it by demolition. So I anticipate 180 days should be plenty of April 26, 2019 Page 30 time. CHAIRMAN KAUFMAN: Okay. Questions from the Board? MS. CURLEY: I think that stipulation is perfect, Joe. A lot of times we pick them all apart, but thank you. I make a motion to accept the stipulation as recommended. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I think Sue will give you your gold star after the meeting. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Which brings us to another stipulation. MS. GONZALEZ: Yes. I think this is the final one. Item No. 15, Case CESD20180002262, CTPML, LLC, at 213 and 261 Airport Road South, Naples. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you share the mic and state your names on the mic for us. MR. CURRY: Richard Curry, property manager of CTPML. MR. FOGELSON: Michael Fogelson with LW Construction Concepts, general contractor. CHAIRMAN KAUFMAN: Okay. And you have the authorization to talk for the respondent? April 26, 2019 Page 31 MR. CURRY: I do. CHAIRMAN KAUFMAN: Okay. Hi, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. McGONAGLE: For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: Number one, pay operational costs in the amount of $59.98 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 the unpermitted interior alterations within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistanc e of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. I notice that this is a year old; actually more than a year old. Can you te ll me what was done there? I don't remember -- I remember the case. I remember the gentlemen. MS. McGONAGLE: They've run into a lot of different obstacles. That's why I requested both of them to attend because they can give you a little bit better idea of what all's been going on. But they have been working with the county. They've met with Renald April 26, 2019 Page 32 Paul and myself on a couple different occasions, but they can explain it a little bit better. MR. FOGELSON: Michael Fogelson speaking. We are -- this was work done by the previous owner. When this Richard Curry, their company, purchased it, I guess, maybe one of the tenants mentioned something, so the code violation went in there. He came to me. As soon as he got the letter, he came to me, and we -- I went down to the county and spoke with Renald, and that was -- I think it was March 24th when that happened. He went to try to find the documentation. The person -- it wasn't Michele. It was somebody else. They didn't inspect the property. One of the units that was under violation had been demoed. It was actually permitted to be demolished, and it was demolished, and there were no pictures. There was no evidence that she'd even been in there. And, actually, one of the units she said she inspected she didn't go into. So Michele came in. I walked the job with her. We pulled the original permits from, what was it, from 1980 or -- I forget when it was, the original construction, and we walked through, went down the list of everything that needed to be changed. I met with an engineer. This was kind of when it was still busy with Irma repairs, so it took a little bit longer to get the engineer. I ran out of favors, I guess. And so we worked with them, got the permits in. And right now it's in rejection status, and I am worked on working on them currently. CHAIRMAN KAUFMAN: Okay. And you think that six months will be sufficient time to get everything done that you need to get done? MR. FOGELSON: I believe so, yes, sir. CHAIRMAN KAUFMAN: Okay. Comments from the Board? (No response.) April 26, 2019 Page 33 CHAIRMAN KAUFMAN: Anybody want to make a motion? MS. CURLEY: I'll make a motion to accept the stipulation as written. CHAIRMAN KAUFMAN: Okay. We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. FOGELSON: Thank you so much. Have a good one. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. I think that brings us to hearings; is that correct? MS. GONZALEZ: Correct. CHAIRMAN KAUFMAN: Are we going to hear the cases of the people that are here first? MS. GONZALEZ: Yes. CHAIRMAN KAUFMAN: And the first people that are here... MS. GONZALEZ: I have Item 13. The case number is CESD20190000120, Maria Teresa Paz at 2480 Andrew Drive in Naples. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please? MR. MAURI: My name is Ducha (phonetic) Mauri. I'm Maria Teresa's son. April 26, 2019 Page 34 (Ms. Paz is present.) CHAIRMAN KAUFMAN: Okay. Michele, it seems like just a few minutes ago you were there. Okay. MS. McGONAGLE: Good morning. For the record, Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CESD20190000120 dealing with violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i): Alterations to shed including, but not limited to, added electric, window, door, and attached covered porch without obtaining required Collier County permits. Violation location: 2480 Andrew Drive , Naples, Florida, 34112; Folio 82640280004. Service given on January 25, 2019. I would now like to present case evidence in the following exhibits: Three pictures taken by me on January 15th, 2019, and two pictures taken by me on April 10th, 2019. CHAIRMAN KAUFMAN: Has the respondent seen these photos? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Do you have any objections to these photos. MR. MAURI: No objections. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept them? MR. LEFEBVRE: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. April 26, 2019 Page 35 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. McGONAGLE: I'll explain the photos as I go through my case presentation, if that's okay. CHAIRMAN KAUFMAN: That's great. MS. McGONAGLE: On January 15th, 2019, I made a site visit and observed a large yellow building behind the house. I also observed the rear of the building from the location behind it, which was 2485 Bayside Street, at which time I saw a window, door, and covered porch on the west side of the building. The covered porch had a string of Christmas lights hanging on it. I researched the property and verified that there was a permit for a 16-by-20 shed with no electric. Further research revealed there was a previous code case, CESD201502 -- or I'm sorry -- 0020860 for unpermitted overhang, A/C and electric. A notice of violation was issued, and the property owner came into compliance voluntarily. There was also another code case, CESD20160000177, for multiple unpermitted sheds on the property. The case went to a CEB hearing on July 28th, 2016, and an imposition-of-fines hearing on November 18th, 2016, where fines of $3,000 were waived. The property was in compliance on November 10th, 2016, which was 15 days past the compliance due date. On January 24th, I submitted a determination request for the current code case, and the building official, Jonathan Walsh, determined a violation exists. Addition of aluminum roof and alterations to shed require a permit. So this first picture shows the shed in the back. It's the yellow April 26, 2019 Page 36 shed, and it's kind of hard to see the overhang from this picture. If you could please go to the next one. Right back there you can kind of see the corner of that overhang. That's why I went to the property behind so I could get a better look at it. And then this is from the property on Bayside Street showing this awning right here was added. You can see the Christmas lights hanging down. Here's the window, and here is the door. CHAIRMAN KAUFMAN: Has that been -- was there a building permit to install electricity in there, or is that the violation? MS. McGONAGLE: No. That's part of the violation. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: The original -- that original building had no electric. The permit was for a 16-by-20 shed; no electric. CHAIRMAN KAUFMAN: How did that case get resolved? They took the electric out. MS. McGONAGLE: No. That's why we're here today. MR. LEFEBVRE: I believe the original case was -- well, the second case she was talking about had numerous structures. This one happened to be permitted. The other structures weren't, and the other structures were taken care of. MS. McGONAGLE: Correct. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: A notice of violation was prepared and posted on the property on January 25th, 2019. A permit, PRDB20190208275, for new addition to existing shed was submitted on February 27th, 2019, and rejected March 21st, 2019. The case was prepared for a hearing on March 25th, 2019. On April 10th, 2019, I went to the property to post the notice of hearing for today's case and observed an addition had been added to the rear of the shed before the permit was issued. April 26, 2019 Page 37 So if you could please go to the next picture. This is a picture from April 10th, when I went to the property. Can you zoom in, please. CHAIRMAN KAUFMAN: Can you zoom in on that. MS. McGONAGLE: Right here. CHAIRMAN KAUFMAN: That's at the back of the yellow structure. MS. McGONAGLE: Yes. Where the roof line used to be, that first picture that I showed you that was that awning now is the roof for -- they've completely enclosed that area. So if I go to the next picture, I think you can see it a little bit better. MR. LEFEBVRE: So the aluminum awning was enclosed? CHAIRMAN KAUFMAN: Behind that pole or tree or whatever it is there. MS. McGONAGLE: Yes, right here. MS. CURLEY: On all three sides or just the one side? MS. McGONAGLE: The whole back -- that whole back side has an addition added to it now. And I don't know if they used the aluminum awning that was there or if it's a completely different roof that's on there. But from the time that I first witnessed that violation, issued the notice of violation for the awning, they then built this whole addition on the back before the permit was issued. I just checked that permit status this morning, and it's still in reject status. CHAIRMAN KAUFMAN: Did you speak to the respondents at that time that you went to post it? MS. McGONAGLE: No, nobody was there. I don't think she lives there, because a lady had answered the door when I'd originally gone to post the notice of violation, and she said she just was a tenant and didn't want to accept responsibility for the notice of violation. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: That's why it was posted. As of today, the April 26, 2019 Page 38 permit remains in reject status, and the violation remains. CHAIRMAN KAUFMAN: Do you know why it's in reject status by any chance? MS. McGONAGLE: There's multiple things. I had kind of glanced at it, but there's floor level things. It appears that they're adding some plumbing and electric to it. The complainant had told me that she believes that they're making a guest suite so that they can rent it out. I don't know whether that's true or not. I've not been able to have access to the interior of the structure. CHAIRMAN KAUFMAN: Okay. All right. Good morning. MR. MAURI: Good morning. MS. PAZ: Good morning. CHAIRMAN KAUFMAN: You've heard what the county has said? MR. MAURI: I did. CHAIRMAN KAUFMAN: And it's your turn to either ask Michele any questions that you'd like to ask her or explain the situation to us. At that time, we will determine whether a violation exists or not. If no violation exists, that's the end of the case. If a violation exists, somebody will make a motion on how to rectify that situation. MR. MAURI: Okay. Currently the property don't have any plumbing or electric. It's still used as a shed for storage purposes. My mother, she doesn't live at the property at this moment. It's for rental, but we do use the shed in the back to store items. (Ms. Paz is speaking in Spanish to Mr. Mauri.) MR. MAURI: We did request a permit to build. So we did request a permit, but it was denied. So we're still in the process of getting the required documentation to finally legalize the addition that we did in the back. Okay. She hired a contractor to design the blueprints for the April 26, 2019 Page 39 addition in the back, and then she noticed that the addition that he designed was underneath the requirements for FEMA -- CHAIRMAN KAUFMAN: Floor level. MR. MAURI: -- for floor level, so she had to go back and get another one, but now it's been corrected. And we have all the documents and all the payments, everything done. CHAIRMAN KAUFMAN: What about -- the county is alleging that you built that without a permit. Is that correct, or is that incorrect? MR. MAURI: Okay. When he designed the blueprints, he told us to start working on it, and once this is done, he will submit the paperwork to get the other -- the final permits. CHAIRMAN KAUFMAN: So my question is, though, was that built -- MR. MAURI: It was. CHAIRMAN KAUFMAN: It was built, and you have no permit? MR. MAURI: No, because the architect was supposed to take care of that for us. According to my mom, the architect called Michele several times -- called their administration several times, and there was no response on their behalf. CHAIRMAN KAUFMAN: Okay. MR. MAURI: And she has here all the permits that she requested, because there was a mistake on the initial blueprint. We have the new blueprint with the corrections made on there. CHAIRMAN KAUFMAN: But my question is this, though: The county alleges that that building was built without a permit. You've said you do not have the permit. You applied for it. It was rejected. That's what I'm trying to ascert ain. Is it -- is that true? MR. MAURI: Okay. According to my mom, the architect was supposed to get the permits for us, but he didn't do so. She trusted April 26, 2019 Page 40 him with that task, and he didn't follow through, but we have all the corrections made and now we can ask for -- to get that. CHAIRMAN KAUFMAN: Our concern is, when we -- when we listen to the case, we have to find out whether a violation exists or not, okay. The building was built. I don't care what the excuse is, but it was built without a permit. That's what I keep on asking you. I hate to keep on asking the same question. MR. MAURI: I understand. CHAIRMAN KAUFMAN: But if that's correct, we have no choice but to find you in violation. MS. PAZ: On the paper here, I'm not putting on -- I not pay. I no speaking English; sorry. MR. MAURI: She said the architect was supposed to present the papers to get the permit, but he didn't do so. So she trusted him for that, to get that for her, and he didn't follow through. CHAIRMAN KAUFMAN: I understand that. Again, I won't belabor it any more. What it comes down to is, you're the property owner. You're responsible for what happens there. You're responsible, not the architect. MR. MAURI: She had no knowledge. I mean, she trusted him to do that for her. MS. CURLEY: I have a question. CHAIRMAN KAUFMAN: Shoot. MS. CURLEY: The address -- it looks like the address of all the documentation has been the property address where your mom accepts the mail for this property, but she does not live there? MR. MAURI: No, should have been up there a long time ago. MS. CURLEY: She doesn't live there? MR. MAURI: No, she doesn't live there. MS. CURLEY: 2480 Andrew Drive. MR. MAURI: No. April 26, 2019 Page 41 MS. CURLEY: That's this address? MR. MAURI: Yeah. MS. CURLEY: Okay. All right. I'll make a motion that a violation exists. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Second. MR. LETOURNEAU: Can I summarize the county's position real quick? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: We're here on the third violation of the site development. First time she came into compliance before the -- during the NOV time period; second time she was brought to a hearing, found in violation, took care of it; fines were waived for $3,000. We're here, back again. Once again they tried to build something without a permit. They've been caught three times, and we're hearing a repeat case. CHAIRMAN KAUFMAN: Let me drop back. I understand, Jeff. And I'm going to close the public hearing, and we're going to accept the motion that was made that a violation exists and the second, and we'll vote on that now. All in favor of that motion, say aye. MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, let me explain. April 26, 2019 Page 42 We have found that you are in violation of what the county alleges. Now, we are going to ask the county what they suggest as a way of rectifying the situation, and then we'll discuss it, and we'll come up with a final solution. Okay. We'll let it play out a little bit, and then, Michele, you'll give us your suggestion. MS. McGONAGLE: The county recommends 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: Number 1, assess a civil penalty of blank dollars for a repeat violation of unpermitted shed, Code Case CESD20160000177 and CEB Order OR5301, Page 951; Number 2, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the shed alterations and covered porch within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated; Number 3, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to ask any questions or comments? I have one comment to make. When you have a case where you violate the same ordinance more than one time, a civil penalty is in order, besides the amount of time to rectify the situation, the amount of days, the amount of money. So I mention that in passing. You can assign a civil penalty April 26, 2019 Page 43 or not. It's up to the Board. Anybody want to fill the numbers out on this? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Pay the operational costs in the amount of 59.77 within 30 days; a civil penalty of $500; and 90 days to get into compliance or $300-a-day fine. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. CURLEY: I'll second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a second. I have a comment on the motion. I was leading, because this is the third time of a civil penalty, more in like $5,000 instead of, like, $500. MR. LEFEBVRE: Mr. Chairman, I wouldn't agree to changing to $5,000. I think that -- MS. CURLEY: If we want to have a little discussion on it: We've already forgiven 3,000 of some historical fines here, so 500 is low, and this is an income -- well, never mind. Five hundred's low, but 5,000's high. MR. MAURI: Something that -- my mom's been in compliance. Everything that was requested she has done, and she had no knowledge. CHAIRMAN KAUFMAN: The hearing is closed. We're debating right now. We'll let you know how this turns out. MR. LEFEBVRE: Who seconded the motion? MS. CURLEY: I did. MR. LEFEBVRE: What would you think would be for civil penalty? MS. CURLEY: I was just bringing up some historical information. April 26, 2019 Page 44 MR. LEFEBVRE: Sure. MS. CURLEY: If anyone wants to -- I'm fine with the motion that you've placed. CHAIRMAN KAUFMAN: You're fine with the civil? MR. LEFEBVRE: I'll make a motion to amend the civil penalty to $1,000. MS. CURLEY: I'll second that amended motion. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And the rest of the motion remains the same. CHAIRMAN KAUFMAN: Okay. And your second remains? MS. CURLEY: Yes, ma'am -- yes, sir. CHAIRMAN KAUFMAN: Okay. Any other discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. This is your third time at bat for this particular violation. That's why there is a civil penalty. It's $1,000. That's to be paid. Do we have a date on when it should be paid. Do you have that in your motion? MS. McGONAGLE: I'm sorry, sir. I do not. CHAIRMAN KAUFMAN: Okay. Do you want to pick a -- do you want to have that civil -- give them some time for that? MR. LEFEBVRE: I'll amend my motion to make it within -- April 26, 2019 Page 45 within 30 days, same as the operational costs. CHAIRMAN KAUFMAN: Okay. And does the second agree? MS. CURLEY: Yes, I agree. CHAIRMAN KAUFMAN: We have an amendment to the motion. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So let me explain, and we go from there. MR. MAURI: Okay. CHAIRMAN KAUFMAN: The court costs, if you will, the operational costs are $59.77 to be paid within 30 days. MR. MAURI: Within 30 days, all right. CHAIRMAN KAUFMAN: The civil penalty -- and the civil penalty is being imposed because this is the -- multiple counts of the same thing; it happened more than once. That has to be paid within 30 days as well. That's $1,000. All of the permits that need to be pulled to have this done, you have 90 days to do it, and if you don't do it in 90 days, there will be a $300-a-day fine after the 90 days, so -- MR. MAURI: Okay. One moment, please. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: Could you please clarify, too, sir, that it's not just 90 days to pull the permit, but they'll have to obtain all inspections and a certificate of completion. CHAIRMAN KAUFMAN: Yes, that's correct. April 26, 2019 Page 46 MR. MAURI: Okay. MS. PAZ: The second, second. MR. MAURI: She said that this is only the second time that she's been to court, and you said it was three times. MS. McGONAGLE: Second time for court, third violation for a permitting issue. MR. MAURI: Okay. CHAIRMAN KAUFMAN: Okay. MR. MAURI: Understood. CHAIRMAN KAUFMAN: Okay. Thank you very much. MR. MAURI: Thank you. CHAIRMAN KAUFMAN: Thank you, Michele. MS. McGONAGLE: Thank you. MR. MAURI: Thank you, Michele. MS. GONZALEZ: Next case is imposition of fines and liens, Item No. 5, Case No. CESD20180006398, Eduardo Rodriguez, 4718 Aladdin Lane. Property was posted on April 11th, 2019, and the notice was mailed on April 10th, 2019. (The speakers were duly sworn and indicated in the affirmative.) MR. SCHNECK: Excuse me, Mr. Chairman. I just wanted to confirm on the last case -- I'm not sure if the penalty phase motion was made and adopted and vote on. I just want to confirm that. CHAIRMAN KAUFMAN: With the modifications? MR. SCHNECK: Correct. CHAIRMAN KAUFMAN: Yes, it was. MR. LEFEBVRE: Do we want to check the transcripts? THE COURT REPORTER: Yes, it was. CHAIRMAN KAUFMAN: We weren't so sure either. Okay. We're here for the imposition on this case, and the respondent is present. So we'll let the respondent go first and then you can -- why don't you read it into the record first, then we'll have April 26, 2019 Page 47 the respondent comment, and then we'll take care of it. Okay. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), Florida Building Code, Fifth Edition, Chapter 1, Section 105.1, and Collier County Land -- Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110 -31(a). Location: 4718 Aladdin Lane, Naples, Florida; Folio 22670640001. Description: Unpermitted shed, fence/gate, and culvert pipe. Past orders: On June 28th, 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 orders of the Board, OR5531, Page 3090, and OR5536, Page 3267, for more information. The violation has been abated as of March 27th, 2019. Fines and costs to date as follows: Fines have accrued at a rate of $200 per day for the period from October 27th, 2018, to March 27th, 2019, 152 days, for a total fine amount of $30,400. The previously assessed operational costs of $59.84 have been paid. Operational costs for today's hearing: $59.56. Total amount: $30,459.56. CHAIRMAN KAUFMAN: Okay. Sir. MR. RODRIGUEZ: Sir, my name is Eduardo Rodriguez, Junior. Basically, first of all, sir, when they bought this property, the shed was there. The fence was made to put up by the county themselves when they were doing the pickleball tournament. So then we had to take out a permit to take it down when it was the county that told us to put it up. April 26, 2019 Page 48 On the culvert that was already there as well, we had to go in and fix everything from stuff that was already there before we bought the property. But we have taken care of everything. We understand it's been a while. My father has diabetes. You know, I understand there's no excuses but, honestly, we had to take care of all this after the fact that we had bought the property and after the fact that county had already come out to look at the property, look at everything. They made us put up the fence because they didn't want it to look ugly for the people that are coming through for the pickleball tournament, and then we had to go ahead and take it back down after they said that it was a violation when they were the ones that told us to put it up. CHAIRMAN KAUFMAN: So you're here to request an abatement on the fine? MR. RODRIGUEZ: Yes, sir. MS. CURLEY: I make a motion to abate -- to deny the county's fine, including the operational costs for today of $3,459.56 -- or 30,459.56. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? April 26, 2019 Page 49 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. McGONAGLE: Thank you. MS. GONZALEZ: Mr. Chair, Item No. 3 in imposition of fines, Case CESD20170002305, Immokalee Development Corp. Property address: 101 Eustis Avenue, Immokalee. Property was posted on April 11th, 2019, and the notice of hearing went on April 10th, 2019, by mail. You have a packet in front of you; they sent in a letter and an email saying they could not be present today. MS. ELROD: We have somebody at the podium. CHAIRMAN KAUFMAN: Excuse me? MR. GARCIA: Ulysses Garcia, property manager. CHAIRMAN KAUFMAN: Hold on one second. I'm trying to find the packet first. So, basically, they're asking for a delay on this? (The speakers were duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. I believe she's asking for a waiver of the fines. Last I spoke with her she said she was going to submit a letter requesting the fines be waived. CHAIRMAN KAUFMAN: Okay. Well, we have to read this in and hear it, et cetera. Go from there. MR. AMBACH: Yes, sir. CHAIRMAN KAUFMAN: Okay. So why don't you read this into the record for us, and then we'll tackle the next event. I'm asking to read the violation, the fines, et cetera, as we do on all of these. MR. AMBACH: Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e). April 26, 2019 Page 50 Location: 101 Eustis Avenue, Immokalee Florida; Folio No. 00132800000. Past orders: On January 26th, 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, OR5477, Page 2445, for more information. The violation has been abated as of March 22nd, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $100 per day for the period from April 26th, 2018, to March 22nd, 2019, 331 days, for a total fine amount of $33,100. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing: $59.35. Total amount: $33,159.35. The gravity of the violation non-health and safety. Actions taken by the violator: Permit was obtained and finaled. Any previous violations committed by the respondent: None. Any other relevant factors: None. MR. LETOURNEAU: Okay. What was that final total you read, Chris? MR. AMBACH: I'm sorry, 33,159.35 is what I have. MR. LETOURNEAU: Okay. That $100 off from what's showing on the board here. MR. LEFEBVRE: How many days is it? MS. GONZALEZ: 330. MR. LEFEBVRE: 330 or 331? MR. AMBACH: 331 is what I have on mine. MR. LEFEBVRE: Okay. That's the difference in the hundred dollars we're showing. MR. AMBACH: I see it. CHAIRMAN KAUFMAN: Okay. April 26, 2019 Page 51 MR. AMBACH: I'm sorry. I should have, I guess, read off the one that was on here. I read off the one that was provided to me. MR. LETOURNEAU: That's okay. CHAIRMAN KAUFMAN: Okay. Good afternoon. No, it's still morning. MR. GARCIA: Morning. CHAIRMAN KAUFMAN: Could you state your name, again, on the microphone for us. MR. GARCIA: My name is Ulysses Garcia. CHAIRMAN KAUFMAN: And you are the -- MR. GARCIA: I do the property manager there. CHAIRMAN KAUFMAN: You're the property manager there. Do you have the -- MR. GARCIA: Authorization, yeah. CHAIRMAN KAUFMAN: Have the authorization, okay. I don't recall this case off the top of my head. There was some construction that was done without a permit? MR. GARCIA: Yes, that's correct. CHAIRMAN KAUFMAN: Okay. And you're asking that -- or the respondent is requesting? MR. GARCIA: Yeah. We tried to submit the permit, like, two months later. I mean, I got with the ge neral contractor in the next 30 days. As we were working, they had to measure the property, and then they submitted the permit. But it was rejected because it was an open permit. So then we have to came here and then -- to have the other permit closed so we can get our permit. CHAIRMAN KAUFMAN: Okay. Comments or motions from the Board? MR. LEFEBVRE: I make a motion to reject the county's imposition of fines. MS. ELROD: Second. April 26, 2019 Page 52 CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The fines are waived, in your language. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: That's the county language for waiving it. MR. GARCIA: Thank you. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: Thank you. MR. LEFEBVRE: Want to take a break? CHAIRMAN KAUFMAN: We're going to take a 10-minute finger break for Terri. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order, which brings us to? MS. GONZALEZ: The next imposition of fines and liens case is Item No. 7, Case No. CESD20170018189. Respondent: Maylet Marquez at 3665 14th Avenue Southeast. Notice was mailed on April 10th, 2019, and the property was posted at the courthouse on April 10th, 2019. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. April 26, 2019 Page 53 MS. MARQUEZ: Maylet Marquez. CHAIRMAN KAUFMAN: Okay. Back, Chris, you want to read this into the record for us? MR. AMBACH: Yes, sir. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Location: 3665 14th Avenue, Naples, Florida; Folio No. 41044280007. Description: Concrete wall, room addition, and shed constructed without obtaining a Collier County building permit. Past orders: On May 24th, 2018, 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 3599, for more information. The violation has not been abated as of April 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from June 23rd, 2018, to April 26th, 2019, 308 days, for a total fine amount of $61,600. Fines continue to accrue. Previously assessed operational costs of $59.70 have not been paid. Operational costs for today's hearing: $59.28. Total amount: 61,718.98. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: I guess we have a revised -- under fines and costs to date are as follows -- can I make a correction on what I just read? CHAIRMAN KAUFMAN: Sure. MR. AMBACH: Thank you. April 26, 2019 Page 54 Part B of the order, fines have accrued at a rate of $200 per day for the period from November 21st, 2018, to April 26th, 2019, 157 days, for a total fine amount of $31,400. Part C of the order: Fines have accrued at a rate of $200 per day for the period from June 1st, 2018, to April 26th, 2019, 330 days, for a total amount of $66,000. Fines continue to accru e. Previously assessed operational costs of $59.70 have not been paid. Operational costs for today's hearing: $59.28. Total amount: $97,518.98. CHAIRMAN KAUFMAN: Thank you, Chris. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: And you would like to talk to us, I assume. MS. MARQUEZ: Yes. First of all, the shed permit is done; was completed months ago. And I need extension for the other two. The fence, it should be done -- CHAIRMAN KAUFMAN: Let me stop you one second. According to my order here, it says the violation has not been abated, so we're not going to discuss it. Has the situation been abated, is that what you're saying, based on what's on our order? Chris, you said it has not been abated? MR. AMBACH: That's correct. It's not abated. CHAIRMAN KAUFMAN: It's not been abated, then there's nothing to talk about. Either we impose the fine or not. MR. LEFEBVRE: Chris, has the shed -- MS. MARQUEZ: I ask you to waive the fine. CHAIRMAN KAUFMAN: It's not -- it has not been abated. The situation still remains a violation. MS. MARQUEZ: Yes, because we are working on the permit. CHAIRMAN KAUFMAN: But I'm not here to hear the case. April 26, 2019 Page 55 I'm here to impose the fine or not. MS. MARQUEZ: Okay. CHAIRMAN KAUFMAN: In order not to impose the fine, you could request a waiver of the fine in some amount or not at all, but once it is still in violation, our hands are tied on this one. You had a question, Gerald? MR. LEFEBVRE: Yes. The shed, has that been permitted? MR. AMBACH: It's demolished. MR. LEFEBVRE: Okay. MR. AMBACH: And she pulled a demo permit. That's the only part that was taken care of. MR. LEFEBVRE: Okay. MR. AMBACH: The two remaining permits are in expired status. They have been for several months. MR. LEFEBVRE: And operational costs have not been paid, correct? MR. AMBACH: That's correct. MR. LEFEBVRE: So we can't -- CHAIRMAN KAUFMAN: We're done. MS. CURLEY: I make a motion to impose the county's fines of $97,518.98. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? I'll second it. Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. April 26, 2019 Page 56 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Thank you. And for our next case? MS. GONZALEZ: Our next imposition of fines and liens case is Item No. 8, Case CESD20170003393, Rock Creek Casita II, Inc., at 1363 Delmar Lane, Naples, Florida. Posting was mailed on April 10th, 2019, and the property was posted and at the courthouse on April 10th, 2019. (The speakers were duly sworn and indicated in the affirmative.) MR. HOMAN: Adam Homan is my name. CHAIRMAN KAUFMAN: Thank you. Michele, would you like to read this into the record for us. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Location: 1363 Delmar Lane Naples, Florida; Folio 24831520007. Description: Alterations commenced prior to obtaining Collier County building permits. Past orders: On January 26th, 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, OR5477, Page 2450, for more information. The violation has been abated as of March 27th, 2019. Fines have accrued at a rate of $150 per day for the period from April 26, 2019 Page 57 February 26th, 2018, to March 27th, 2019, 395 days, for a total fine amount at $59,250. Previously assessed operational costs of $59.49 have not been paid. Operational costs for today's hearing: $59.49. Total amount: $59,368.98. Gravity of violation is moderate. Actions taken by the violator: They obtained a permit and certificate of occupancy. Previous violations: None. And no other relevant factors. CHAIRMAN KAUFMAN: Okay. Sir? MR. HOMAN: Yes. CHAIRMAN KAUFMAN: Your turn. MR. HOMAN: My turn. The property purchased had been altered prior to (sic) I bought it, so when I bought it, all the sins of the property became mine. Through the -- working backwards to get everything rectified, you know, I've just been at the mercy of the building code enforcements over there. So, you know, there's a record of me rectifying each time they'd have something brought to my plate. I went through it. So, you know, since then, everything's been closed out. It's all permitted. I've paid the permit fees. And I had asked for a prior continuance on the violations, and then I was -- from what I understood, I was supposed to be here in May of 2018, and I came, and I wasn't on the agenda, and then I was notified that I was still in violation by Michele, when she had went by the property, and she could see that we were presently trying to get into compliance. So to date, you know, everything's finished up. I'd love to pay the $59 that I didn't pay and would ask that I could put the -- absolve April 26, 2019 Page 58 the fines. CHAIRMAN KAUFMAN: Okay. Well, the 59.49 that was previously assessed -- MR. HOMAN: Correct. CHAIRMAN KAUFMAN: That's the one that's outstanding. And you're here to ask for? MR. HOMAN: A waive of the fines, the impositions, and I'd like to rectify the operational costs today. MS. McGONAGLE: If I may, sir, he brought a check but he didn't want to make it out until he knew what the amount was. He was going to just pay the past-due operational costs, but he wanted to wait to make sure that things were waived, and he has his check. CHAIRMAN KAUFMAN: Okay. MR. HOMAN: So I'd like to put all this behind me and -- MS. CURLEY: I'd like to make a motion to deny the county's -- MR. HOMAN: -- be a good citizen. MS. CURLEY: Excuse me. I make a motion to deny the county's fines, including today's hearing, and request the $59.49 for the past operational costs be paid today. MR. LEFEBVRE: Second that motion. CHAIRMAN KAUFMAN: We have a second on that motion. Any comments on it? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) April 26, 2019 Page 59 CHAIRMAN KAUFMAN: It carries unanimously. MR. HOMAN: Thanks very much. CHAIRMAN KAUFMAN: Now you know what to make the check out for. MR. HOMAN: Thank you very much. MS. CURLEY: Good luck. MS. McGONAGLE: Thank you. MR. LEFEBVRE: We have more hearings, right? MS. GONZALEZ: Yes, we have some cases in absentia. So the next is Item No. 7 under hearings, case CESD20180006671. Respondent: Anthony High, Veronica Andis-High. Property: 9512 Chelford Court in Naples. Property was posted on April 15th, 2019, and at the courthouse, and the notice was mailed on April 9th, 2019. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: So we should start out by congratulating Colleen, for those on the Board that don't know. She is now taking Marlene's position. Marlene has moved on and up, as you have as well. So congratulations. MS. DAVIDSON: Thank you. Good morning. For the record, Colleen Davidson, Collier County Code Enforcement. This is in reference to Case No. CESD20180006671 dealing with violations of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and Florida Building Code, Chapter 1, Section 105.1. Alterations/additions commenced prior to obtaining required Collier County building permits located at 9512 Chelford Court, Naples, Florida; Folio 80221880003. Service was given on May 15th, 2018. I would now like to present case evidence in the following exhibit: One photo taken on April 30th, 2018, and two aerials of the April 26, 2019 Page 60 property. CHAIRMAN KAUFMAN: I'd like for -- state for the record that the respondent is not present, and I need a motion to accept the photo. MS. ELROD: Motion to accept the photos. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. DAVIDSON: On April 27th, received -- I received a complaint referencing a fence and slab installed prior to obtaining Collier County building permits. I conducted a site visit on April 30th and met with the property owner, Veronica High, and observed a fence and gazebo on the property. Ms. High stated they obtained permission from their homeowners' association but was not aware of permits required. I served a notice of violation on May 15th, 2018. I spoke with the property owner, Mr. High, on May 16th, 2018, who informed me he is working with a contractor to obtain a permit. There was a permit applied for and issued, however, it expired on January 27th, 2019. As of today the permit remains in expired status, and the violation remains. CHAIRMAN KAUFMAN: I have a quickie question. This is -- I'm looking towards Goodlette Road on here now? April 26, 2019 Page 61 MS. DAVIDSON: This is on Victoria Park. CHAIRMAN KAUFMAN: I know. Victoria backs up on that lake from the sewer place. MS. DAVIDSON: Correct. (Ms. Curley took Chairman Kaufman's gavel.) CHAIRMAN KAUFMAN: It's not loaded. And is the fence that's there to keep people from going into that water; is that it? MS. DAVIDSON: No. It's just around their property. CHAIRMAN KAUFMAN: Oh, okay. MS. DAVIDSON: It's heavily vegetated, so -- but it is just around the property -- the perimeter of the property. So if you see -- this is a 2017 aerial. And then you can see the new gazebo built. CHAIRMAN KAUFMAN: Okay. Did the respondent say they were working on getting the permit or anything? MS. DAVIDSON: The permit -- they did obtain a permit, but it was expired. CHAIRMAN KAUFMAN: In January. MS. DAVIDSON: In January; January 27th. I've gone to the property, and I met with Ms. High when I served the notice of hearing, but she said that her husband was taking care of it. I called and left messages with him, and he did not respond. CHAIRMAN KAUFMAN: Okay. Well, we probably have no alternative to find that a -- someone like to make a motion if a violation exists. MR. LEFEBVRE: Make a motion that a violation does exist. MR. WHITE: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. April 26, 2019 Page 62 MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And you have a suggestion for us? MS. DAVIDSON: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days and abate all violations by: Apply for and obtain all required Collier County building permit and remove alterations/additions, including materials from property, and restore to a pe rmitted state within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two: The respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Jeff, this is one of those ones that the fence was put up by the homeowner. They're in violation. I don't know whether they can get this approved with an affidavit or not. MR. LETOURNEAU: I just think they need ability reactivate their original permit and take care of it. This is the first time I looked at the aerials. It looks like they might have a setback issue on that structure, though, so I don't know. Maybe that's why they couldn't April 26, 2019 Page 63 get the permit finalled. CHAIRMAN KAUFMAN: Okay. Well, they're not here. They didn't return your calls. Okay. Someone from the Board like to make a motion? MR. LEFEBVRE: I'd like to make a motion th at the respondent pay 59.49, the operational costs, within 30 days, and then 90 days to get the permits or demolish the structures, fence, so forth, or a $200-a-day fine. MR. WHITE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Colleen. MS. DAVIDSON: Thank you. MS. GONZALEZ: Next case is Item No. 9 under hearings. Case No. CEV20190000788, Jordan Thompson, at 672 92nd Avenue North. Posting was done on April 8th, 2019, at the property and the courthouse, and notice was mailed on April 9th, 2019. (The speaker was duly sworn and indicated in the affirmative.) April 26, 2019 Page 64 CHAIRMAN KAUFMAN: Let the record show the respondent it is not present. MR. FORD: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. FORD: For the record, Arthur Ford, Collier County Code Enforcement. This is in reference to Case No. CEV20190000788 dealing with violations of Collier County Code of Laws and Ordinances, Article III, Chapter 130-96(a), and Chapter 130-97, and Collier County Land Development Code 01 -- oh, I'm sorry -- 04-41, as amended, Section 4.5.3(A), recreational vehicle parked on the grass in front of the residence, commercial vehicles/equipment parked on the grass in front of the residence, and passenger vehicles parked on the grass and/or county right-of-way. Located at 672 92nd Avenue, Naples, Florida, 34108; Folio 62704560004. Service was given January 31st, 2019. I would like to present case evidence in the following exhibits: Two photos taken January 22nd, 2019, one photo taken January 23rd, 2019, two photos taken February 21st, 2019, one photo taken April 8th, 2019, and two photos taken April 25th, 2019, all by me. CHAIRMAN KAUFMAN: You could start a whole album. Get a motion from the Board to accept the photos? MS. ELROD: Motion to accept. MR. WHITE: Motion to accept photos. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. April 26, 2019 Page 65 MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Trailer parked on the grass. Is that golf cart on the grass? MR. FORD: It is. CHAIRMAN KAUFMAN: Okay. MR. FORD: Commercial vehicle on the right-of-way. Pickup truck on the grass and, again, that trailer's on the grass; hasn't been moved. Golf cart on the grass. CHAIRMAN KAUFMAN: Is this Naples Park? MR. FORD: Yes, it is. MS. CURLEY: The garage looks like it's been enclosed. MR. FORD: That's accruing fines. MS. CURLEY: Oh. MR. FORD: That was heard 18 months ago or so. MS. CURLEY: Is this a rental house, perhaps? MR. FORD: No. The vehicle on the grass there, yeah. Cars in the right -of-way, grass. Another commercial box truck there in the driveway. MS. CURLEY: So you think -- so do you know that Jordan Thompson lives there? MR. FORD: That's -- supposedly, yes. MS. CURLEY: Is that where he gets his mail? MR. FORD: True. CHAIRMAN KAUFMAN: Okay. MR. FORD: On January 22nd, 2019, Code Enforcement received a complaint regarding a golf cart, passenger vehicles, trucks, commercial vehicles parking on the grass and right-of-way on a regular basis at 671 92nd Avenue. I made a site visit that same day April 26, 2019 Page 66 and photographed violations. I also photographed violations on January 23rd. I issued a notice of violation to the property owner with a compliance date of February 20th, 2019. On February 21st, I made a site visit and noted that violations remained and, to date, these violations continue on a regular basis. MS. ELROD: I make a motion that the violations exist. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second a violation exists. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Art? MR. FORD: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.91 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, must limit the parking of recreational vehicles to the rear yard of the property or an enclosed permitted structure or remove the vehicle from the property, must limit the parking of commercial vehicles and/or equipment to an enclosed permitted structure or the rear yard screened from view of all neighboring properties, or remove the commercial vehicle and/or equipment from the property, must limit the parking of vehicles to the driveway and/or paved, stabilized surface within blank days of this hearing, or a fine of blank wil l be April 26, 2019 Page 67 imposed for each day that the violations continue; Two, the respondent must notify the code enforcement investigator when the violation have 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 violations 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. I have a couple of comments to make. It seems that they don't get it. I mean, this takes a minute to clear the problem, which they could clear, and then it be back the next day, et cetera. So I think we need to let them know, in no uncertain terms, that this will not be tolerated. So I make that suggestion to the Board. I'll talk about the garage in a minute. But I understand that the properties are small in Naples Park. MR. FORD: Yeah. CHAIRMAN KAUFMAN: And from my meetings on the North Naples Task Force, the people from Naples Park show up at the meetings all the time to complain about this. Not this particular case, but the parking situation there. So those are my comments. MS. CURLEY: I just have a question. How did this complaint come about; neighbors? MR. FORD: Neighbors, through the association, yeah. And we've had complaints since, and because it's a duplicate case, it's -- you know, it's automatically closed because this one's in the w orks. MS. CURLEY: Is the Sheriff's Office -- MR. FORD: No. MS. CURLEY: -- involved in that? MR. FORD: No. April 26, 2019 Page 68 MS. CURLEY: Looks like an awful lot of vehicles. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll make a stab at it. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: So number item -- do I have to read the whole I thing? CHAIRMAN KAUFMAN: No, just fill in the -- MS. CURLEY: Item No. 1 within seven days or a fine of $250, and then if you can scroll Item 2 so I can see if there's anything else behind that. That's good then. CHAIRMAN KAUFMAN: The operational costs of 59.91. MS. CURLEY: Operational costs of 59.91 within 30 days. CHAIRMAN KAUFMAN: Correct. Okay. I have a question on this before we vote. Should the vehicle that's parked on the grass be moved tomorrow and they call that in for an inspection, I guess that would be -- they would be in compliance. MR. FORD: Yes. CHAIRMAN KAUFMAN: Then the next day there's another vehicle parked there. Do we have to open up -- we. Does the county open up a new case on this -- MR. FORD: Yes. CHAIRMAN KAUFMAN: -- and it becomes a repeat violation? MR. FORD: Yes, subject to civil penalties. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: We'll hear that quicker than this one? Because this has been -- the complaint came in January. And this is actually pretty fast, but still, that's -- CHAIRMAN KAUFMAN: Okay. Let's vote on this, then I have one more comment. We have a second? MR. LEFEBVRE: You'll have a second from me. April 26, 2019 Page 69 CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I'm a little concerned. I know it's not on our agenda, whatnot, but you said the garage is a separate thing that's been -- MR. FORD: Yes. CHAIRMAN KAUFMAN: For 18 months? MR. FORD: Don't quote me on the dates. It's been a bit. There's still no permits applied for, so it's accruing fines at whatever the order was. CHAIRMAN KAUFMAN: Okay. All righty. This case is -- MS. CURLEY: The only thing I just wanted to make a question about is this file -- usually when we get them, first we get the notice of delivery of the -- or of the -- that the violation was mailed and signed by that little green tag, and I don't see that in this package. I just want to make sure that they're getting this mail. MR. FORD: Yeah. It's posted in accordance with -- MS. CURLEY: Okay. CHAIRMAN KAUFMAN: There are three methods: Courthouse, on the property, and in the mail, so... MS. CURLEY: And you do all three of those? MS. GONZALEZ: Yes. MS. CURLEY: All right. Thank you. CHAIRMAN KAUFMAN: Okay. Thanks, Art. MR. FORD: Thank you. April 26, 2019 Page 70 MS. GONZALEZ: Next case is Item No. 11, Case No. CEV20190002393, Ernest Valdastri at 30 Creek Circle in Naples. Property was posted on April 8th, 2019, and at the courthouse, and the notice was mailed on April 10th, 2019. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. And you're going to take us through the path. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CEV20190002393 dealing with violations of Collier County Code of Laws and ordinances, Chapter 130, Article III, Sections 130-95 and 130-96(a), and the Collier County Land Development Code 04-41, as amended, Section 4.05.05(A). Description of violation: A repeat violation of a vehicle and boat trailer with expired tags, two recreational vehicles parked on the side of the dwelling, and a vehicle parked on the grass. Location: At 30 Creek Circle, Naples, Florida, 34114; Folio 49532360004. Service was given on March 18th, 2019. I would like to now present case evidence in the following exhibits: Five photos taken by myself on March 5th, 2019, and two repeat special magistrate cases, CEV20140006954 and CEV20150005292. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the photos? MR. WHITE: Motion to accept photos. MS. ELROD: Second. April 26, 2019 Page 71 CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Can you zoom us? Thanks, Jeff. MR. PITURA: The truck and boat trailer are parking on the grass, which is a repeat violation from the two other cases which was adjudicated by the special magistrate. The black truck also has expired tag, and the boat trailer. CHAIRMAN KAUFMAN: Say that again. The truck has an expired -- MR. PITURA: Tag. CHAIRMAN KAUFMAN: -- tag? And it's parked there, okay. Could I ask what the magistrate found on the previous case. Did she find in violation? MR. PITURA: Yeah. And he had abated both violations, one in 2014 was abated and so was the 2015. This old boat trailer, we don't know if there was an expired tag or not, but he had moved that. Just another picture of the vehicle; the tag you can see. CHAIRMAN KAUFMAN: Do you want to zoom that, Jeff? MR. LETOURNEAU: It's Helen that's actually doing the zooming. CHAIRMAN KAUFMAN: Okay. MR. PITURA: I have another picture of the tag, if you want to show another picture. April 26, 2019 Page 72 CHAIRMAN KAUFMAN: That's the expired tag, correct? MR. PITURA: The expired tag on the boat trailer, and there's a picture for the expired tag on the truck. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: I just want to say, this is one of those properties where we've had a long history of code violations. CHAIRMAN KAUFMAN: Okay. MR. PITURA: You can see it's 12/18. CHAIRMAN KAUFMAN: Okay. MR. PITURA: A complaint was made on March 4th, 2019, for vehicles being parked on the side lawn with expired tags. I observed a truck attached to a boat trailer parked on the side lawn with expired tags. There is also an old boat trailer that was parked on the side lawn for a long period of time. There has been two repeat cases which the special magistrate has found in violation for Case CEV20140006954 on April 16th, 2014, OR5151, Page 1911, and the second case, CEV20150005292, on March 17th, 2015, OR5083, Page 208. There was no time given for compliance because of the two previous repeat cases. I did try to make contact with the owner, Mr. Valdastri, but was unsuccessful. I posted the property on March 19th, 2019, to the front and back door. At this point, I have not had any contact with the owner, and the violations have been abated. He has moved the vehicles. CHAIRMAN KAUFMAN: Okay. So this is -- well, let's find out if a violation exists. MS. CURLEY: Well, I make a motion that a violation existed at the time. CHAIRMAN KAUFMAN: Okay. We have a second. MS. CURLEY: Let me rephrase that: A repeat violation existed at this time. April 26, 2019 Page 73 MR. PITURA: This is a repeat violation. CHAIRMAN KAUFMAN: Okay. We get a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. On repeat violations, they become eligible for civil penalties. MR. PITURA: Correct. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: You said this case has been abated; is that correct? MR. PITURA: Yes, he did. He moved the vehicles. MR. LEFEBVRE: As of when? MR. PITURA: As my inspection yesterday. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: So the vehicles weren't there? MR. PITURA: They were gone. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Hey, Tom? For the record, Jeff Letourneau. Just to clarify, the two previous cases that went to the Special Magistrate as repeat, they were for recreational vehicles? MR. PITURA: Yes. MR. LETOURNEAU: Vehicles without tags? April 26, 2019 Page 74 MR. PITURA: Yes. MR. LETOURNEAU: And was parking on the grass part of it or -- MR. PITURA: I have the orders up on the -- if you want to put them up on the screen, we can actually read them. MR. LETOURNEAU: That would probably be a good idea. Just take a look at it, take a quick look at them. CHAIRMAN KAUFMAN: Yes. MR. WHITE: He got a civil penalty before. MR. LETOURNEAU: Yeah. I just want to clarify, as you can see, all three of those violations were on that order right there. CHAIRMAN KAUFMAN: So there was a civil penalty of $1,000 at that time? MR. PITURA: At that point -- CHAIRMAN KAUFMAN: Item 2. MR. LETOURNEAU: Yes. MR. LEFEBVRE: Has that been paid? MR. PITURA: He abated the violations. I don't know if the civil penalty was paid. MR. LETOURNEAU: I don't know. Let me check really quick. What case number is that? MR. PITURA: CEV20150005292. That's No. 14. That's 14. We have two. MR. LETOURNEAU: Let me check really quick on the fees here. MS. CURLEY: I have one question. Was the complaint from a neighbor? MR. PITURA: Yes. MS. CURLEY: And just -- do you have any idea, is this the same vehicle that's there, or are there visiting vehicles that are there? MR. PITURA: I don't know if it was the same one from April 26, 2019 Page 75 previous cases. I just know that this was the truck and the trailer when I had done the inspection. CHAIRMAN KAUFMAN: Well, you have pictures from the magistrate's case, don't you, Jeff? MR. LETOURNEAU: I do. The fees -- the fines weren't paid. So it looks like the operational costs and the civil penalties are still owed, and probably -- he did abate it, so there wasn't any ongoing fines. CHAIRMAN KAUFMAN: So does that mean that there's a lien on the property? MR. LETOURNEAU: It does. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: So I just wanted to -- do you want to -- I don't know if I'm going to be able to show any pictures here, though. CHAIRMAN KAUFMAN: No, that's fine. MR. LETOURNEAU: One more question, Tom. How many times did you actually see the violation? MR. PITURA: I saw the violations twice, but in my inspections, the vehicles were moved last week and the week before and then yesterday on my inspection, so he had abated the violations quickly. MR. LETOURNEAU: Thank you. CHAIRMAN KAUFMAN: Okay. So did we vote on a violation exists? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. So we're up to the point where you were going to give us a suggestion, and we're going to act accordingly. MR. PITURA: That the Code Enforcement Board orders the respondent 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 a civil penalty of X amount of dollars for repeat violation; that the April 26, 2019 Page 76 Code Enforcement Board issues a finding of fact that the respondent was in violation of the referenced ordinances at the time the notice of violation was issued. CHAIRMAN KAUFMAN: Okay. Anybody like to take a shot at this? MS. CURLEY: I'll take a shot. Item No. 1, $2,000. CHAIRMAN KAUFMAN: That's a civil penalty. MS. CURLEY: And operational fees of 59.63 as stated. CHAIRMAN KAUFMAN: And the fine -- if the vehicles are there tomorrow morning -- MS. CURLEY: I only see two. CHAIRMAN KAUFMAN: The vehicle and the trailer. MR. LETOURNEAU: If the vehicles are there tomorrow morning, we'll open up a new case and bring it right before the Board for another civil penalty and, you know, whatever fines ar e appropriate. CHAIRMAN KAUFMAN: Issuing a civil penalty in this case, since it's now abated, it would be not proper to assign a dollar amount per day at this point. MR. LETOURNEAU: Correct. On these repeat cases that already abated before we get to the Board, this is going to be probably standard language, No. 2, is that we just need you to find that there was a violation at the time the notice was given. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: And when are the operational costs to be paid, and how many days in the civil presently? MS. CURLEY: As stated, the recommendation is 59.63 incurred in the prosecution of the case within 30 days, and a civil penalty of 2,000 for the repeat violation. MR. LEFEBVRE: By when? When I -- MR. LETOURNEAU: Oh, when's the civil presently supposed April 26, 2019 Page 77 to be paid. Yeah, we need to put that in from now on. That's something we have to -- MR. LEFEBVRE: Yeah, because that's what I did. MS. CURLEY: Okay. Thirty for the civil penalty. Thank you. CHAIRMAN KAUFMAN: Could we get a second on that motion? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. MS. CURLEY: I just wonder if, it's a civil penalty, if there isn't already a code for that -- is there a statute for that payment of a civil penalty? MS. ELROD: Time frame. MR. SCHNECK: The Board's authority on a repeat violation to impose the civil penalty is based upon up to $5,000 per day per violation. And from -- I'm not sure what exactly the date was that the Code Enforcement determined compliance, but you would take -- from the date of the notification that the county observed the repeat violation to the date it was in compliance. So you take that number of days, and you have a -- and you have a -- you can -- a maximum of $5,000 per day for that civil penalty. MS. CURLEY: Okay. But there's no language that states that it's paid at a regular rate. So we should add a payment due date? MR. SCHNECK: Yes. There should be a due date and, typically, it's 30 days that goes along with the operational costs. MS. CURLEY: So this recommendation is under the threshold? MR. SCHNECK: That is correct. MS. CURLEY: One day. Then as stands. MR. LETOURNEAU: That's why I asked him how many times he saw it, and he said he saw it at least two days. I mean, that's $10,000 right there at the maximum. CHAIRMAN KAUFMAN: Yeah. My point on -- this motion April 26, 2019 Page 78 has been accepted and voted on. My point here is they were fined $1,000 last time, which they did pay. Now we've got 2,000. I would think the next time this happens it would be an astronomical number to get their attention. MS. ELROD: Chairman, we didn't vote. MS. CURLEY: We're still chatting about it. CHAIRMAN KAUFMAN: Okay. All those in favor of the motion, say aye. MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Joe, you want to talk? MR. MUCHA: No. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Thank you, Tom. MS. GONZALEZ: Next case is under imposition of fines and liens. It's Item No. 6, Case No. CEPM20170017109, Milan Jovanovic, at 835 104th Avenue North in Naples. Property was posted on April 11th, 2019, and at the courthouse and the mail. The notice of hearing was mailed on April 10th, 2019. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Code of Laws and Ordinances, Section 22-231(12)(p), 22-231(12(i), and 22-231(12)(c). April 26, 2019 Page 79 Location: 835 104th Avenue, Naples, Florida; Folio No. 62414120006. Description of violation: Roof and soffit damage, broken windows, floor and ceiling damage to the inside of the unit. Past orders: On January 24th, 2019, 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, OR5603, Page 2101, for more information. The violation has not been abated as of April 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 23rd, 2019, to April 26th, 2019 -- we're going to scratch what I just read after "fines and costs to date," and we are going to replace it with what I'm going to read now. Fines have accrued at a rate of $200 per day for the period from February 24th, 2019, to April 26th, 2019, 62 days, for a total fine amount of $12,400. Fines continue to accrue. Previously assessed operational costs of $60.19 have not been paid. Operational costs for today -- for today's hearing: $59.28. Total amount: $12,519.47. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Have you been talking, in conversations or contact, with the respondent at all? MR. AMBACH: Yes. My housing investigator worked this case. He was in contact with the owner who lived in Canada for quite some time, made promises that he was going to make it down here to take care of the issue. This is a complex. Eventually did, from what I gather, moved down to Northern Florida, met with John Connetta on one occasion. Told John he was April 26, 2019 Page 80 going to hire a contractor to come in and fix all the issues. The problem was, several pipes burst in the house and flooded the entire place out. So he was -- after going back and forth, last time we spoke with this gentleman was several months ago. He said he was going to get a demolition permit, just tear the house down. We have separate cases open right now not on this venue, but probably will come soon, for the other side of the house that he owns also. CHAIRMAN KAUFMAN: The other side of the house is occupied? MR. AMBACH: No. The house is vacant right now. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: So that's a good thing. CHAIRMAN KAUFMAN: Okay. Well, the operational costs from the last hearing were not paid, so it kind of ties our hands. MR. LEFEBVRE: Make a motion to impose the fines. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose the fines. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Thanks, Chris. MS. GONZALEZ: Okay. The final case is under Item E, motion to amend previously issued order. Case No. April 26, 2019 Page 81 CESD20170007444; respondent, Isis Amaro at 310 11th Street Southwest in Naples. MS. CURLEY: I'm sorry. What number is that? MS. GONZALEZ: This is Item No. l under motion to amend previously issued order, Letter E. MS. CURLEY: Thank you. MS. GONZALEZ: You're welcome. CHAIRMAN KAUFMAN: This was five metal carports with electric and shipping container, pole barn, et cetera, et cetera, et cetera. Past orders from April a year ago. Okay. What are we amending? MS. GONZALEZ: Mr. Chair, we're amending the abate date. It was recorded with November 2nd, 2019. It should be November 2nd, 2018. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I make a motion to amend the order as stated. MS. GONZALEZ: Thank you. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. And seconded. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: That is all for our cases. MS. CURLEY: That brings up the next one. CHAIRMAN KAUFMAN: Okay. Next on the agenda. April 26, 2019 Page 82 MS. ELROD: Under new business. CHAIRMAN KAUFMAN: Board chairman and vice chairman elections next on the agenda. So we open the floor for nominations. MS. CURLEY: I'll make a motion to nominate the existing chair. CHAIRMAN KAUFMAN: Okay. Any other nominations? (No response.) CHAIRMAN KAUFMAN: Hearing none, are all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: Okay. For vice chair? MS. CURLEY: I'll make a motion for our friend Gerald, the existing vice. CHAIRMAN KAUFMAN: We have a motion any others? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. CURLEY: I make a motion to adjourn, right? April 26, 2019 Page 83 CHAIRMAN KAUFMAN: We are adjourned. ***** April 26, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :33 a.m. CODE E 1 FORCE 1T BOARD RO : �'' T K •i ' W , CHAIRMAN ATTEST CRYSTAL K. KINZEL, CLERK These minutes approved by the Board on O4231 as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 84