The URL can be used to link to this page

CEB Minutes 05/23/2019May 23, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, May 23, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Sue Curley Ron Doino Kathleen Elrod Gerald J. Lefebvre Ryan White Herminio Ortega (absent) ALSO PRESENT: Jeff Letourneau, Manager of Investigations Jed R. Schneck, Attorney to the Board Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement 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 May 23, 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: CESD20180005831 OWNER: Luis Diez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted structures on improved, occupied residential property. FOLIO NO: 36456800006 PROPERTY 5300 32nd Ave SW, Naples, FL ADDRESS: 2. CASE NO: CESD20180003308 OWNER: Germaine Nelson OFFICER: John Fuentes VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Garage altered to living space and no Collier County Building Permit obtained. FOLIO NO: 36325440005 PROPERTY 2671 55th Ter SW, Naples, FL ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20180008045 OWNER: CAROLYN J HOGUE LIVING TRUST OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). An unpermitted accessory structure, with electric and plumbing fixtures, constructed in the rear yard of improved occupied Estates zoned property. FOLIO NO: 36661960003 PROPERTY 4580 1st Ave NW, Naples, FL ADDRESS: 2. CASE NO: CEPM20180014849 OWNER: Henry Schulman OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Dwelling destroyed by fire. FOLIO NO: 454760006 PROPERTY 5525 Lee Williams Rd, Naples, FL ADDRESS: 3. CASE NO: CEPM20180011461 OWNER: Graciela Gonzalez OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Code of Laws and Ordinances, article VI, Chapter 22, Section 22-242 and Section 22-231(12)(i). Unsecured dwelling (open side door) and broken/missing windows on unoccupied residential property. FOLIO NO: 79040004 PROPERTY 1019 Ringo Ln, Immokalee, FL ADDRESS: 4. CASE NO: CESD20180015758 OWNER: Dolores Del C Morales De Lopez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Unpermitted structures consisting of but not limited to an outdoor kitchen, rear pergola, fence and fire pit/grill. FOLIO NO: 36455520002 PROPERTY 5006 32nd Ave SW, Naples, FL ADDRESS: 5. CASE NO: CEPM20180013245 OWNER: Hernan J Castano OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 36442120004 PROPERTY 5001 27th Pl SW, Naples, FL ADDRESS: 6. CASE NO: CESD20180007073 OWNER: TGM BERMUDA ISLAND INC C/O TGM ASSOCITAES 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)(i). Permits PRFR20170204964 and PRFR2016040786 did not receive all inspections through Certificate of Completion and are now in VOID status. FOLIO NO: 282520007 PROPERTY 3320 Bermuda Isle Circle, Naples, FL ADDRESS: 7. CASE NO: CELU20180010731 OWNER: Maria Nieto and Mario Osorio OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Illegal outside storage consisting of but not limited to construction equipment and industrial storage container. FOLIO NO: 65670560009 PROPERTY 752 Pine Vale Dr, Naples, FL ADDRESS: 8. CASE NO: CEPM20180011817 OWNER: Hazen L Allen and Maria A Allen OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Property Maintenance Code, Section 2-231(12)(c) and Florida Building Code 6th Edition (2017) Building, Chapter 4, Section 454, subsection 454.2.17 Residential Swimming barrier requirement. FOLIO NO: 3833164004 PROPERTY 6191 Green Blvd, Naples, FL ADDRESS: 9. CASE NO: CEV20190002197 OWNER: Cecelia Gregorio and Charles Boyle OFFICER: Paula Guy VIOLATIONS: Storage and Use of Vehicle Control Ordinance, Code of laws and Ordinances, Chapter 130, Article III, Section 130-95. Recurring violation - Multiple unlicensed and inoperative vehicles. FOLIO NO: 40421080009 PROPERTY 1940 Desoto Blvd N, Naples, FL ADDRESS: 10. CASE NO: CESD20180010412 OWNER: Juan R Prats and Julieta Prats OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). repairs to the front lanai without a Collier County permit. FOLIO NO: 81630080008 PROPERTY 201 Indian Key Ln, Naples, FL ADDRESS: 11. CASE NO: CESD20180010507 OWNER: Steven D Sachetta and Darla J Sachetta OFFICER: Michele Mcgonagle VIOLATIONS: Collier County Land Development Code, 041-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Added a covered patio and built an addition without obtaining required Collier County permits. FOLIO NO: 62361480006 PROPERTY 248 cape Sable Dr, Naples, FL ADDRESS: 12. CASE NO: CESD20180015605 OWNER: Michael J Riccio & Regina A OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A staircase leading to a second floor with a room and loft was observed without a required Collier County permit. FOLIO NO: 53057000000 PROPERTY 2116 Buckingham Lane, Naples, FL ADDRESS: 13. CASE NO: CESD20180010062 OWNER: Susanne Schutzenhoffer OFFICER: Ryan Cathey 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). Building a carport without a permit. FOLIO NO: 81621760007 PROPERTY 131 Grassy Key LN, Naples, FL ADDRESS: 14. CASE NO: CESD20180008044 OWNER: Paul A Burcky & 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). Allowed numerous permits to expire and installed irrigation system, new windows, and a cupola on the roof without obtaining required Collier County permits. FOLIO NO: 26480720007 PROPERTY 4425 North Rd, Naples, FL ADDRESS: 15. CASE NO: CEPM20180003738 OWNER: Nerlande Rigaud-Petion and Hugner Petion OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Missing/damaged screens on the pool enclosure. FOLIO NO: 35754320001 PROPERTY 4497 21st Ave SW, Naples, FL ADDRESS: 16. CASE NO: CESD20180014203 OWNER: Joan E Kittrell OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). A fence and cabana type structure installed without first obtaining Collier County permits. FOLIO NO: 81627240000 PROPERTY 291 Grassy Key LN, Naples, FL ADDRESS: 17. CASE NO: CEPM20180014370 OWNER: Milan Jovanovic OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(i) and 22-242. Unsecured vacant dwelling with broken windows and where access can be gained. FOLIO NO: 62414120006 PROPERTY 839 104th Ave N, Naples, FL ADDRESS: 18. CASE NO: CEPM20180014821 OWNER: Mario Alcime OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-228(1) and 22-231(12)(c). Damage to the roof including, but not limited to, missing/torn shingles. FOLIO NO: 69060902668 PROPERTY 10316 Majestic Cir, Naples, FL ADDRESS: 19. CASE NO: CEV20180010573 OWNER: Marco Antonio Vasquez, Olga Resendez Vasquez and Irma Jovita Gallegos OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Unlicensed/inoperable vehicles on the property. FOLIO NO: 63855920000 PROPERTY 602 Jefferson Ave W, Immokalee, FL ADDRESS: 20. CASE NO: CENA20180010571 OWNER: Marco Antonio Vasquez, Olga Resendez Vasquez and Irma Jovita Gallegos OFFICER: Tony Asaro VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and 54-181. Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. Litter and debris consisting of wood, metal, tires, plastic, etc., on the property. Also, observed outside storage of items on the property. FOLIO NO: 63855920000 PROPERTY 602 Jefferson Ave W, Immokalee, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CENA20180013023 OWNER: Robert A Flick Rev Trust OFFICER: Jeff Letourneau VIOLATIONS: Collier County Code of Laws and Ordinances, Division 4, Section 2-2027(2). The Collier County Sheriff’s Office received and responded to numerous complaints regarding suspected criminal activities on the property, and made numerous arrests for criminal activities on the property and/or involving persons living on the property. Arrests include multiple drug related activities and warrant violations. FOLIO NO: 71800000307 PROPERTY 3339 Canal St, Naples, FL ADDRESS: 2. CASE NO: CESD20160002295 OWNER: DESTINY CHURCH OF NAPLES INC OFFICER: Cristina Perez 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). An unpermitted shed, fence and pole barn type structure. Also, unpermitted shipping crates (containers) used for storage. FOLIO NO: 41930720008 PROPERTY 6455 Hidden Oaks LN, Naples, FL ADDRESS: 3. CASE NO: CESD20180005375 OWNER: SA EQUITY GROUP LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Newly installed metal building, with electric, on improved occupied commercial property. FOLIO NO: 63864280003 PROPERTY 114 New Market Rd E, Immokalee, FL ADDRESS: 4. CASE NO: CEVR20180004929 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal of native vegetation where the total area cleared exceeds the one acre allowed to be cleared by the Building permit issued for construction of single-family home. Alteration of land through placement of fill that removed or otherwise destroyed vegetation without obtaining approval from the County. FOLIO NO: 39963680004 PROPERTY 3765 37th Ave NE, Naples, FL ADDRESS: 5. CASE NO: CESD20180003760 OWNER: Daniel Maurer and Kimberly Mauer OFFICER: Delicia Pulse 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). Structure in rear which was determined by Building Officials to require building permit. FOLIO NO: 41822680007 PROPERTY 5415 Teak Wood Dr, Naples, FL ADDRESS: 6. CASE NO: CESD20170013601 OWNER: Boabadilla Family Trust OFFICER: Benjamin Plourd 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). Addition to the south side of the house. Carport addition to the north side of the house. Roof additions to the back or the west of the house. All additions or improvements have been made without Collier County building permits. FOLIO NO: 63405120001 PROPERTY 4533 and 4535 Boabadilla St, Naples, FL ADDRESS: 7. CASE NO: CELU20180014859 OWNER: Lynda M Mayor OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and 2.02.03. Storage of school bus, tents, unpermitted accessory structures, junk, trash and debris on unimproved vacant parcel zoned Agricultural. FOLIO NO: 304160002 PROPERTY 1276 Dove St, Naples, FL ADDRESS: 8. CASE NO: CEAU20170014383 OWNER: ENCLAVE AT NAPLES OFFICER: Boris Molina VIOLATIONS: Florida Building Code, Sixth Edition (2014), Section 105.1, as then adopted by reference in Collier County Code of Laws and Ordinances, Section 22-26. Fence erected without building permits. FOLIO NO: 400246202 PROPERTY 1295 Wildwood Lakes Blvd, Naples, FL ADDRESS: 9. CASE NO: CEOCC20190002420 OWNER: Yavuz Karagoz OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and 126-114(c). Repeat violation of a U-Haul Business operating without first obtaining all Collier County approvals and a Collier County Business Tax Receipt. Also, U-Haul vehicles are being stored on the property. FOLIO NO: 6386440007 PROPERTY 102 New Market Rd E, Immokalee, FL ADDRESS: 10. CASE NO: CEOCC20180012074 OWNER: Yavuz Karagoz OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Collier County Code of Laws and Ordinances Section 126-111(b) and 126-114(c). U-Haul business operating without first obtaining all Collier County approvals and Collier County Business Tax Receipt. FOLIO NO: 6386440007 PROPERTY 102 New Market Rd E, Immokalee, FL ADDRESS: 11. CASE NO: CEV20180010303 OWNER: Mireille Mellien OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Grey Nissan parked on mulch with no license plate. FOLIO NO: 77390001687 PROPERTY 13517 Koinonia Dr, Naples, FL ADDRESS: 12. CASE NO: CESD20140008992 OWNER: Teresa Parry OFFICER: Benjamin Plourd VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Improvements made to the property without first obtaining the required building permits. FOLIO NO: 67940960007 PROPERTY 2257 Inglewood Ct, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER 1. 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: VII. NEW BUSINESS 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-THURSDAY, JUNE 27, 2019 AT 9:00 A.M. XIV.ADJOURN May 23, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: The respondents may be limited up to 20 minutes for case presentation unless additional time it 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 evidenc e upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. So before we start, if you have a cell phone that's turned on, it's a good time to turn it off. And we'll all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. All right. We start with the roll call. MS. BUCHILLON: Good morning. CHAIRMAN KAUFMAN: Good morning. MS. BUCHILLON: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Present. May 23, 2019 Page 3 MS. BUCHILLON: Mr. Ryan White? MR. WHITE: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: And Herminio's not in. CHAIRMAN KAUFMAN: Okay. I'm sure that everybody stayed up late last night to review the minutes. Anybody have any comments on the minutes? (No response.) CHAIRMAN KAUFMAN: If not, I'll take a motion to approve them. MR. LEFEBVRE: Motion to approve. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Which brings us to the agenda. It seems kind of thick this morning. MS. BUCHILLON: Yes, it does, but we have some changes. CHAIRMAN KAUFMAN: Oh, boy. Okay. MS. BUCHILLON: Thank you. May 23, 2019 Page 4 Okay. First on the agenda we have a stipulation, which is No. 14 under hearings, Case No. CESD20180008044, Paul Burcky and Cathleen Burcky. Okay. And now we have withdraws. Under hearings, Item No. 1, Case No. CESD20180008045, Carolyn Hogue Living Trust, has been withdrawn due to the call director withdrew it. Number 2, Case No. CEPM20180014849, Henry Schulman, case has been withdrawn due to the call director. Under hearings, No. 5, CEPM20180013245, Hernan J. Castano, has been withdrawn due to the call director. Under hearings, No. 6, CESD20180007073, TGM Bermuda Island, Inc., has been withdrawn; voluntary clients. Under hearings, No. 7, CELU20180010731, Maria Nieto and Mario Osorio, has been withdrawn, voluntary compliance. Under hearings, No. 10, CESD20180010412, Juan R. Prats and Julieta Prats, has been withdrawn; recent compliant efforts. Under hearings, No. 11, CESD20180010507, Steven D. Sachetta and Darla J. Sachetta, has been withdrawn due to a variance process. Under hearings, No. 12, CESD20180015605, Michael J. Riccio and Regina A. Riccio, has been withdrawn; legal counsel has been requested. Under hearings, No. 13, CESD20180010062, Susanne Schutzenhoffer, has been withdrawn; voluntary compliance. Under hearings, No. 15, CEPM20180003738, Nerlande Rigaud-Petion and Hugner Petion, has been withdrawn; voluntary compliance. Under hearings, No. 18, CEPM20180014821, Marco Alcime, has been withdrawn; permit was issued. May 23, 2019 Page 5 Under hearings, No. 20, CENA20180010571, Marco Antonio Vazquez, Olga Resendez Vasquez, and Irma Jovita Gallegos, has been withdrawn due to voluntary compliance. Under motion for imposition of fines, No. 1, CENA20180013023, Robert A. Flick Trust, has been withdrawn; paid operational costs. Under imposition of fines, No. 2, CESD20160002295, Destiny Church of Naples, Inc., has been withdrawn; working on a site plan. Number 3 under imposition of fines, CESD20180005375, SA Equity Group, LLC, has been withdrawn due to a permit. Under imposition of fines, No. 4, CEVR20180004929, Grettel Gonzalez and Oscar Garcia, has been withdrawn; recent compliance issues. Under imposition of fines, No. 5, CESD20180003760, Daniel Maurer and Kimberly Maurer, has been withdrawn due to -- they've paid ops costs. Under imposition of fines, No. 6, CESD20170013601, Boabadilla Family Trust, has been withdrawn due to recent compliance efforts. Under imposition of fines, No. 11, CEV20180010303, Mireille Mellien, has been withdrawn; paid ops costs. Under imposition of fines, No. 12, CESD20140008992, Teresa Parry, has been drawn; paid ops costs. And those are all the changes to the agenda. CHAIRMAN KAUFMAN: I have one question. What does "paid ops costs" mean? I know what it stands for. MR. LETOURNEAU: Well, they were -- for the record, Jeff Letourneau, Collier County Code Enforcement. They were scheduled for impositions just because the operational costs hadn't been paid. There was no other fines. So May 23, 2019 Page 6 once they paid the operational costs, there was no need to bring them before the Board. CHAIRMAN KAUFMAN: Okay. Okay. Get a motion to accept the modified agenda? MR. WHITE: Motion to accept the agenda. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: And a second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So we have one stip, it looks like, unless we have more. MS. BUCHILLON: No, just one. CHAIRMAN KAUFMAN: Okay. So we'll start with Case 14, I assume. MS. BUCHILLON: Yes, sir. Case No. 14, CESD20180008044, Paul Burcky. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Would you like to read the stipulation into the record for us? MS. McGONAGLE: Yes, sir. May 23, 2019 Page 7 Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: No. 1, pay operational costs in the amount of $59.77 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 irrigation system, windows, cupola, roof, fence, and pole barn 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 assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Sir, could you give us your name on the mic for us, please. MR. BURCKY: Paul Burcky. CHAIRMAN KAUFMAN: Okay. And you agree with the stipulation? MR. BURCKY: I do. CHAIRMAN KAUFMAN: Okay. Any discussion on the stipulation, or someone like to make a motion? MR. LEFEBVRE: Make a motion we accept the stipulated agreement with the 59.77 in operational costs being paid in 30 days, within 30 days. May 23, 2019 Page 8 MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. BURCKY: Thank you. MS. McGONAGLE: Thank you. MS. BUCHILLON: Mr. Chairman, we have another change to the agenda. CHAIRMAN KAUFMAN: We've got to stop meeting like this. Do you have another stipulation? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: You only get coupons for so many of these. Okay. Which one is going to be the stip? MS. BUCHILLON: It's under hearings, No. 9, CEV20190002197, Cecelia Gregorio and Charles Boyle. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board to accept the change in the agenda. MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. May 23, 2019 Page 9 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Could you state your name on the microphone for us, please. MR. BOYLE: Charles Boyle. CHAIRMAN KAUFMAN: Okay. And with you is? MR. BOYLE: Cecelia Gregorio. CHAIRMAN KAUFMAN: Okay. MS. GUY: Good morning. Paula Guy, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Paula, would you like to read the stipulation into the record for us? MS. GUY: Yes. The Board of County Commissioners, Collier County, Florida, versus Cecelia Gregorio, Charles Boyle. The stipulation agreement before me, the undersigned, Charles Boyle, himself, and Cecelia Gregorio, on behalf enters into the stipulation and agreement with Collier County as to the resolution of notices of violation in reference to Case No. CEV20190002197, dated the 5th day of March 2019. This agreement is subject to the approval of the Code Enforcement Board. It is -- if it is not approved, the case may be heard on the scheduled hearing date; therefore, it is strongly recommended the respondent/representative attend the hearing. May 23, 2019 Page 10 Consideration of the disposition and resolution of the matters outlined and said notice of violation for which a hearing is currently scheduled for May 23rd, 2019. To promote efficiency in the administration of the code enforcement process and to obtain a quick and expeditious r esolution of the matters outlined therein, the parties hereto agree as follows: The violations noted in the referenced notice of violation are accurate, and I stipulate to their existence and that I have been properly notified pursuant to Florida Statute 162. Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of 59.56 incurred in the prosecution of this case within 30 days of the hearing; abate all violations by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure and/or repair defects so vehicle is immediately operable, or remove offending vehicles from Estates residentially zoned area within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. 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. Can you do me a favor and make that bigger so that it doesn't just look like a blur. Not just for this one, but for all the ones going forward. You're getting warmer. Come on. Same price. You can make it bigger. May 23, 2019 Page 11 MS. CURLEY: That's good. CHAIRMAN KAUFMAN: No, it's good for Sue, but you have to work down to me; a little bigger. Okay. Not bad. They're old. And I don't wear glasses like somebody who just -- okay. You've heard the stipulation and you agree to what was said? MR. BOYLE: Yes. CHAIRMAN KAUFMAN: And the timing and everything? Okay. Could we get a motion from the Board? You have a question? MR. LEFEBVRE: Yes, I do. How many vehicles are we talking about? MR. BOYLE: There was, like, 50. Now we're down to 20-something. MS. GUY: They've made an effort to remove a lot of them, but there's been obstacles that have kept them from being in compliance to the extensions that I granted. MR. LEFEBVRE: How large is this lot? MR. BOYLE: Three acres. MS. GUY: Just under three. MR. LEFEBVRE: The reason I'm asking is because usually 60 days is an excessively long time to remove vehicles. MR. BOYLE: I'm blind, Your Honor. MS. CURLEY: So was there a business happening in this location? MS. GUY: I did not -- I was not able to validate that there was a business operating out of the residence, no. CHAIRMAN KAUFMAN: Okay. We're just dealing with the violation that was cited. They have 60 days to take care of that, and that should do it. MR. LEFEBVRE: One more comment. CHAIRMAN KAUFMAN: Sure. May 23, 2019 Page 12 MR. LEFEBVRE: I think the hundred dollars is a little bit low, but that's what the stipulated agreement is. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept this stipulation? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you very much. Good luck. MR. BOYLE: Thank you. CHAIRMAN KAUFMAN: It looks like we have two cases who are requesting an extension of time. Are we going to hear those next? MS. BUCHILLON: Actually, we have another stipulation they just brought to me. CHAIRMAN KAUFMAN: Did you use up all your coupons yet? MS. BUCHILLON: Not yet. CHAIRMAN KAUFMAN: Okay. This is number? MS. BUCHILLON: No. 19 under hearings. CHAIRMAN KAUFMAN: Gotcha. MS. BUCHILLON: CEV20180010573, Marco Antonio Vazquez, Olga Resendez, and Irma Jovita Gallegos. May 23, 2019 Page 13 CHAIRMAN KAUFMAN: Get a motion to approve the change in the agenda. MR. DOINO: Motion to approve. MR. WHITE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Tony, you there by yourself? MR. ASARO: I'm here. CHAIRMAN KAUFMAN: Let the record state that the respondent is not here. You want to read the stipulation into the record? MR. ASARO: Yes. For the record, Tony Asaro with the Collier County Code Enforcement Department. 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 obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure and/or remove offending vehicles from the property and/or must repair defects so vehicles are immediately operable, or store same vehicles within a completely enclosed structure, or remove offending vehicles from the property within 30 May 23, 2019 Page 14 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated. Respondent must notify the Code Enforcement Department within 24 hours of abatement of the violation and request the investigator perform an on-site inspection to confirm compliance. 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'll ask the Gerald question: How many vehicles are there? MR. ASARO: There's one left; one unlicensed vehicle left. CHAIRMAN KAUFMAN: Okay. This stems back to October? MR. ASARO: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, the respondent, I'd ask at this point if they can fulfill it, but they've signed the stipulation. MR. ASARO: Yes. CHAIRMAN KAUFMAN: All those in favor -- oh, let's have a motion to accept the stipulation or not. MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. May 23, 2019 Page 15 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Tony. MR. ASARO: Thank you. MS. BUCHILLON: Helen, you don't have any more stipulations? MS. BUCHILLON: No, sir. Okay. So we can go ahead and start with the extension of time. CHAIRMAN KAUFMAN: Yes. MS. BUCHILLON: Okay. Under public hearings, motion for extension of time, No. 1, CESD20180005831, Luis Diez. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. MOLINA: Good morning. CHAIRMAN KAUFMAN: Good morning. Could you pull that mic down a little bit. MS. DIEZ: Good morning. CHAIRMAN KAUFMAN: Or we'll get you something to stand on. MS. DIEZ: Yeah. CHAIRMAN KAUFMAN: Can you pull it down a little farther. There you go. Well, could you state your name on the microphone for us. MS. DIEZ: Dalias (phonetic) Diez. CHAIRMAN KAUFMAN: And you are requesting? MS. DIEZ: An extension. May 23, 2019 Page 16 CHAIRMAN KAUFMAN: I don't see any letter. Did we get any letter request? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: So you're asking -- how much time, and the reason for the extension? MS. DIEZ: Well, I think it was three months; three more months going to be okay, because we're having some issues with the permit. We get reject, like, a few times, and we finally get the permit going on. We start with the inspections, and we're hopefully going to be done pretty soon, but we need a little more time. CHAIRMAN KAUFMAN: Okay. And from the county? MR. MOLINA: No, we have no objections. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: This was back -- a case back in April of last year. Just quickly, what were the -- this is unpermitted structures. What kind of structures are we talking about? MR. MOLINA: It was four structures. One deck on the back of -- the rear of the property; one lanai; and two storages on the side of the property. They have two permits for all the structures. One permit for the deck has been finalled, and the other one, they have started inspections, but it seems like they failed one of the inspections because of the setbacks. So the property owner's working on fixing the structures so they can pass inspections. MS. DIEZ: Right. MR. LEFEBVRE: Have they been working diligently -- MR. MOLINA: Yes. He has two structures that he needed to fix. He did one, and he's working on the other one. MR. LEFEBVRE: "Fixed" you mean by moved? MR. MOLINA: Yeah. He's cutting structures. They're small units, and so he's cutting the structures and, you know, just -- May 23, 2019 Page 17 MR. LEFEBVRE: Okay. MR. MOLINA: So he did one. He has one left. MR. LEFEBVRE: They were encroaching on the -- MR. MOLINA: Yes. MR. LEFEBVRE: -- property line. MR. MOLINA: Yeah, because of the setbacks. MR. LEFEBVRE: Setbacks. CHAIRMAN KAUFMAN: Okay. Any other questions? MR. LEFEBVRE: I make a motion that we grant a continuance. CHAIRMAN KAUFMAN: Okay. For -- a period of time? MR. LEFEBVRE: For three months. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. DIEZ: Thank you. May 23, 2019 Page 18 MS. BUCHILLON: Next item on the agenda under public hearings, motion for extension of time, No. 2, CESD20180003308, Germaine Nelson. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Give me a minute. Is there also a letter on this one? MR. LEFEBVRE: I do not see a letter. CHAIRMAN KAUFMAN: While we're waiting, could you state your name on the microphone for us? MS. NELSON: Germaine Nelson. CHAIRMAN KAUFMAN: Okay. You look new to me. MR. FUENTES: Good morning. John Fuentes with Collier County Code Enforcement. CHAIRMAN KAUFMAN: Do you have a letter? MS. CURLEY: No. CHAIRMAN KAUFMAN: No. Since there's no letter, could you explain what you're requesting, for how long? MS. NELSON: Your Honor, I'm requesting about three-months extension because I'm working on the -- on getting the permit. I have done a lot to get the permit, but I was rejected so many times. But I have the permit, and I need to work -- still working in the house to -- we get it up to code. So I'm requesting about three months. CHAIRMAN KAUFMAN: This was a garage that was converted to living space? MS. NELSON: Yes, Your Honor. CHAIRMAN KAUFMAN: Is there anybody living in that space? MS. NELSON: No, Your Honor. CHAIRMAN KAUFMAN: Okay. And it dates back to, if I'm not mistaken, September of 2017; is that correct? May 23, 2019 Page 19 MR. FUENTES: The case was open back in February 26th, 2018, and the original hearing was November 16th, 2018. CHAIRMAN KAUFMAN: Violation first observed September 31st, 2017, is that correct, or am I reading the wrong one? MS. CURLEY: That's not always when the letter gets sent. CHAIRMAN KAUFMAN: I know. I'm just asking. Okay. MS. CURLEY: So can the county tell us what's going on out there? Is there progress being made? MR. FUENTES: There's progress being made. She did apply for the permit back in September 12th, 2018. She did have some issues getting it approve through a health, zoning, and residential review. She finally did get that passed over, and it was issued now in March 24th, 2019. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, I make a motion for an extension of 90 days. MR. LEFEBVRE: Extension or continuance? MS. CURLEY: I beg your pardon. I make a motion for continuance of 90 days. MR. LEFEBVRE: Second. MS. NELSON: Thank you. CHAIRMAN KAUFMAN: Okay. We have a motion, and we have a second for a continuance of 90 days. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. May 23, 2019 Page 20 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 90 days. Let us know what happens. I'm sure the county will as well. MS. NELSON: All right. I'm working with the general contractor. CHAIRMAN KAUFMAN: Very good. MR. LEFEBVRE: Thank you. MS. NELSON: Thank you. MR. FUENTES: Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 8, CEPM20180011817, Hazen L. Allen and Maria A. Allen. CHAIRMAN KAUFMAN: We have a letter here that the -- there's been a change in the president of the board. So we have that updated, sitting in front of us. MR. LEFEBVRE: That's a different case. MS. CURLEY: You're not on the right case. CHAIRMAN KAUFMAN: It says No. 8. MR. LEFEBVRE: It's not. CHAIRMAN KAUFMAN: It's not it, okay. MS. CURLEY: 5D8, right? MR. DOINO: Eight, yeah. MS. CURLEY: 5D8. CHAIRMAN KAUFMAN: Could you read the number of this case into the record. MS. BUCHILLON: CEPM20180011817. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. And could you mention your names on the microphone for us, please. May 23, 2019 Page 21 MS. ALLEN: Maria Allen. MS. RINGHOFER: Jamie Ringhofer on behalf of Chase Bank. CHAIRMAN KAUFMAN: Okay. So we have the respondent and a bank; is that correct? MS. RINGHOFER: Uh-huh. CHAIRMAN KAUFMAN: And we have the county. MR. HOLMES: Yes. CHAIRMAN KAUFMAN: Good morning. MR. HOLMES: Good morning. CHAIRMAN KAUFMAN: Good morning. Why don't we proceed. MR. HOLMES: Okay. For the record, Bradley Holmes, Collier County Code Enforcement. This in reference to Case No. CEPM20180011817 dealing with violations of the Collier County Code of Ordinances, Chapter 22, Article VI, Section 22-231, Subsection (12)(c), and the Florida Building Code, Sixth Edition (2017), Chapter 4, Section 454.2.17. These are in regards to a damaged roof on the primary structure and a missing permanent pool barrier located at 6191 Green Boulevard, Naples, Florida, 34116; Folio No. 38331640004. Notice of violation: Service occurred on October 2nd, 2018. I'd like to present the following case evidence: Two photos taken by myself on September 20th, 2018, of the roof and stagnant, unprotected pool; one photo taken by myself on November 20th, 2018, of the pool with a cover in place; and two photos taken by myself on May 23rd, 2019. CHAIRMAN KAUFMAN: Okay. Has the respondent seen these photos? MR. HOLMES: I was unaware that they had arrived, so I didn't have time to show them the photos this morning. CHAIRMAN KAUFMAN: So the answer's no? May 23, 2019 Page 22 MR. HOLMES: That is correct. CHAIRMAN KAUFMAN: Could you show them the photos, please. Do you have any objection to the county showing those photos? MS. ALLEN: No, sir. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the photos? MR. DOINO: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. HOLMES: These are the initial photos showing the stagnant pool unprotected. You can also see the roof is sandbagged. CHAIRMAN KAUFMAN: These pictures were taken when? MR. HOLMES: These are the initial pictures on September 28th. CHAIRMAN KAUFMAN: September of 2018. MR. HOLMES: Yes, sir. This is the initial abatement of the stagnant water. They cleaned it and covered it. And these are photos taken yesterday; no barrier in place. Roof damage. No permits were found either both for the barrier or the roof. May 23, 2019 Page 23 CHAIRMAN KAUFMAN: Okay. Jeff, I have a quick question. You know how long the Board generally takes when you have pools without fences. We generally give something like three days, and this goes back to November, which is really a long time. MR. LETOURNEAU: And your question? CHAIRMAN KAUFMAN: And my question is why? MR. LETOURNEAU: I'm not really sure why it took so long to bring -- MR. HOLMES: It will be explained in the testimony. Essentially, the property owner has been in limbo with the bank, and I've been working with the bank to try to get the violations abated. It's a process that they have to take where it goes through a contracting service, contracting service gets bids, and then they submit it to the bank, bank approves it or disapproves it. So it's been a step process. We've been trying to seek voluntary compliance from the bank. MR. LETOURNEAU: We felt that they were going to see it though. MR. HOLMES: We had had continued contact with them that led us to believe that they would abate. CHAIRMAN KAUFMAN: This is a safety and health. I don't think there is a reason that anybody can come up with why this wasn't at least a temporary fence put up around this pool immediately. MR. LETOURNEAU: I'll agree with that. MS. CURLEY: I have a question: Is this house in foreclosure status? MR. HOLMES: It is not. There's no lis pendens filed at this time. MS. ELROD: I have a question. The cover on that, is that a Rhino lining and is that an approved safety barrier on the pool? May 23, 2019 Page 24 MR. HOLMES: No, it is not. It's been reviewed by a property maintenance specialist. It's not approved. CHAIRMAN KAUFMAN: Okay. Do you have any other testimony to provide, or should we go to the respondent now? MR. HOLMES: If what I've stated so far answered your questions to this -- CHAIRMAN KAUFMAN: It did. MR. HOLMES: -- you can talk to the respondent, yes. CHAIRMAN KAUFMAN: Okay. MS. ALLEN: Thank you. CHAIRMAN KAUFMAN: Why don't you come closer to the microphone. MS. ALLEN: Hazen Lee Allen, who is listed on this, was my father-in-law. He died January 2017. That's why he's not here at this time. After Hurricane Irma, we lost all of our belongings. The roof that you can't see there, it was completely torn off where everything came from inside, as well as everything was blown in from -- to almost four feet of water that was standing still. Couldn't get into the house for seven days because cars were underwater. I reported the damage to the mortgage company immediately. They told me that it was my responsibility to secure the home. The same bags that you see up there were what we could get as far as voluntaries to help us to get something on there while we had nowhere to go. I continued to call the bank nonstop in regards to the situation. After proving that my father-in-law was dead and submitting the information to them, they finally started communicating with me, because they wouldn't at the beginning. Long story short, they told me that I was not allowed on the property; that they were taking care of the property. May 23, 2019 Page 25 It wasn't until I got contacted by Code Enforcement that I even knew that the property had not been taken care of. I continued to call them nonstop. I continued to ask them to give me information. They gave me case numbers. I didn't even know this young lady was going to be here today. I've asked for information. They haven't given me any. I've informed them of what has happened to me and being brought before you-all, and they told me that they were taking care of it. I am not on the loan of this, but that's the only correspondence that they'll send me is information in regards to how much is owed at this moment. I am deeded on this property because my father-in-law put me there, but I am not on the loan. So, therefore, they are and have obtained -- they made me go through all of the hoops to be at the place to meet with FEMA, to meet with everybody, and including the insurance company. They made me do all of that so that they could collect the money. I haven't received a dollar for anything, nor was I expecting -- we had no insurance. The insurance dropped us. So there was no insurance on the home. They've put the insurance. Chase Bank put the insurance on the bank -- on the home. So they received the money from the insurance company even though I was the one that was made to make sure that I was there and do all of the calling and all that stuff. I've complied with everything that they've said; however, they do not communicate with me. They do not answer my -- I have someone from church who's here with me today who helped me put a letter together who was more educated than I was to try to even get them. I couldn't afford an attorney. We've had to find a place to live because we didn't have anything. We lost everything there and tried to do the best we could. May 23, 2019 Page 26 We collected the debris. What you see there is not how it was at the beginning, and nor did I have a camera at that time. I didn't even know what I was going to be faced. We took care of everything that we possibly could on our own. But the rest, they've told me -- I didn't even know what was going on nor do I know -- I've never been on that property. The moment they told me not to appear on that property, I have complied with that. I have not been back to that property. And it wasn't until the gentleman contacted me. I received notice of this hearing a week and a half ago by mail, and that's all it stated. That's all I've known about the situation. CHAIRMAN KAUFMAN: Okay. Why don't we hear from the bank. MS. RINGHOFER: Good morning. Jamie Ringhofer on behalf of Chase Bank. Your Honor, we're here because of the current situation, obviously. We do not own the property yet. It's -- it's not in foreclosure. It hasn't gone through the foreclosure, so we are not able to get into the house to make the repairs because we are not the owners. Apparently, we do have forced placed insurance, given the situation with the mortgage, and we need to have insurance on the property; however, we are at this time working on trying to get a pool barrier and getting bids for that due to the safety issue; however, we, I have been told, are not allowed in the house because we do not own the house. And, until that happens, we cannot make repairs to the home itself. MS. CURLEY: I have a question. Are you -- ma'am, are you an attorney? MS. RINGHOFER: Yes. May 23, 2019 Page 27 MS. CURLEY: And the loan that is taken out on this property is by Allen Hazen (sic) only? MS. RINGHOFER: I believe so. I don't have the mortgage in front me, but I could -- MS. CURLEY: Well, this is what she's stating, but the deed includes her and Mr., now deceased, Hazen. So you're never going to own that property. You're a lawyer, right? MS. RINGHOFER: We can file a lis pendens and then -- MS. CURLEY: But you gave a loan to half of the property. If she's not on the loan, then you don't -- you're never going to own it because she owns half of it. MS. RINGHOFER: We still file a lis pendens and still can wipe them out. We can go through the foreclosure process. MS. CURLEY: Okay. So, ma'am, you need to seek legal aid, because when you were put on this and a loan was taken out, not in your name, you still own half of this property. The bank doesn't own you or your half. So seek some legal aid here. MS. ALLEN: Your Honor, from the very beginning, when that was -- when I was told, I have offered to sign over the deed to them from day one. MS. CURLEY: You shouldn't do that. You should seek legal aid. MS. ALLEN: I have no way, Your Honor, of owning a property that -- I can't. I have a family to try to -- again, we've lost everything. I can't do that. MS. CURLEY: If you speak to a board-certified real estate attorney, they'll advise you. But if this woman's here as representing a bank that owns half of the property, she's not going to own half of the property. And if you're attorney, you understand that. CHAIRMAN KAUFMAN: Let me interrupt. MS. RINGHOFER: We don't own -- May 23, 2019 Page 28 CHAIRMAN KAUFMAN: When you get a mortgage, it's not that you get half of it or not half of it. There's one person on the mortgage. The person died. MS. CURLEY: Right. CHAIRMAN KAUFMAN: So it's not because there are two people, each get half; if there are four people, each get a quarter. That's not how works. MS. CURLEY: No, but the property was taken with full rights of survivorship, and she wasn't signing on that loan. CHAIRMAN KAUFMAN: I understand. MS. RINGHOFER: It doesn't matter. (Simultaneous speakers speaking.) MS. CURLEY: -- lenders' policy. CHAIRMAN KAUFMAN: I agree with that you that the respondent should go -- you can get help pro bono, free, that should advise you on where you go from here. The bank has, obviously, lots of resources and attorneys and whatnot, but nobody's looking after your rights. MS. CURLEY: Right. And so I find it pretty -- I'm disturbed that a representative from the bank that's a board-certified attorney in the state of Florida is here saying that -- once she owns the property. That's an unfair statement to make, and I do not like that. That's all I'm going to say. MS. RINGHOFER: I didn't state that. I never stated that. I just said we are not able to go onto the property because we do not own it. MS. CURLEY: Well, you've denied her access to real estate that she owns. You've told her not to go on it, which is not fair. MS. RINGHOFER: Well, it doesn't look like it's in very good repair. MS. CURLEY: It doesn't matter. You're not her mother. MS. ALLEN: Your Honor, if I could go on record. May 23, 2019 Page 29 CHAIRMAN KAUFMAN: Sure. MS. ALLEN: As far as not being able to get into the property -- and I'm not sure if this attorney is aware of it, first of all, I was told that I was not allowed on the property, which that was fine, I complied with, but they changed the locks on the home as well is what I was told by the bank themselves. So, Your Honor, how is it that they cannot get into the property when they, themselves, changed the locks on the property? Again, that's what they told me. CHAIRMAN KAUFMAN: I don't disagree with you. What we're going to do now is find out whether a violation exists to begin with, and then we can talk about it after that. So would anybody like to make a motion whether a violation exists or not? MR. DOINO: Make a motion a violation exists. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Whether a violation -- there is a violation there, and it's a safety hazard, to say the least. Somebody, and I don't -- I won't point a finger at who, but somebody has to put up a protective barrier, a temporary barrier at least, immediately. May 23, 2019 Page 30 I would think if the bank could change the locks, they could put up a temporary banner (sic) without going into the house. I understand about the roof. There's nobody living in the house; is that correct? MS. ALLEN: No. CHAIRMAN KAUFMAN: Okay. So just a couple of quick thoughts. I'm going to turn to the county and see if they have a suggestion for us. MR. HOLMES: Yes, sir. Recommendation of the county is 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 the following: One, obtaining all required Collier County building permits, inspections, certificate of completion, and occupancy for the repairs to the damaged roof within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Two, must erect a temporary protective barrier within blank days of this hearing, or a fine of blank dollars per day will be imposed until that violation -- or until the violation is abated; Three, must erect an approved permanent pool barrier to avoid safety concerns and obtain all required Collier County building permits, inspections, certificate of completion/occupancy within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Four, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm the 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 May 23, 2019 Page 31 provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. In your estimation, I won't hold you to it, is this going to be a knockdown, the house? It's unlivable right now? MR. HOLMES: It appears to be so, but I don't know what the inside looks like completely. CHAIRMAN KAUFMAN: Okay. And as far as you're concerned, do you know if the house is livable or not? MS. ALLEN: Unlivable. CHAIRMAN KAUFMAN: Unlivable. And the bank? MS. RINGHOFER: We're going on her testimony from the pictures, yes. CHAIRMAN KAUFMAN: That it's unlivable. Okay. So, in all likelihood, the house is going to probably eventually be taken down. So putting up a -- I'm just surmising putting up a permanent pool fence is probably not in the cards but, certainly, until something happens to the property, a temporary fence needs to be put up either by the respondent or, if she's not able financially to do it, by the county. MS. CURLEY: I agree. This is a situation between the owner -- she owns this house 100 percent -- and the county. And the county can help her. But this is demolition. And once this is demolitioned (sic), then you own -- then you own the dirt, and then it's your option to sell it. Whatever's going on with the bank's another issue. But this is -- this is something that you own 100 percent based on the deed and the death of your relative, which I'm sorry for. MS. ALLEN: Thank you. MS. CURLEY: So don't sign anything over. I would not recommend that. But these are your friends here. May 23, 2019 Page 32 CHAIRMAN KAUFMAN: Getting some legal help will certainly be a big advantage to you. MR. LEFEBVRE: Do we have a motion? MR. LETOURNEAU: Mr. Chairman, can I say a couple -- just two things. Number 2, obviously, that word at the end "continues," that should be "is abated." There was an error there. And no matter how much time you give on No. 2, if the bank doesn't take care of it, the county would be out there as soon as possible to at least get the temporary barrier up there. CHAIRMAN KAUFMAN: Okay. Would someone like to -- MS. CURLEY: I will. CHAIRMAN KAUFMAN: -- fill in the blanks? Okay. MS. CURLEY: Do we know that the -- this is tricky to do this because when we assign a time frame and fining, then it falls to this woman's property. CHAIRMAN KAUFMAN: She is the owner of the property. MS. CURLEY: Right. So I don't find that this bank is going to do any more than continue with some misguided attempts. The bank has no investment in this -- in this property. MS. RINGHOFER: I beg to differ, Your Honor. We have a mortgage on -- I mean, Council. We have a mortgage on the property. I mean, that's a big deal. We have -- that's why we placed forced placed insurance on it to make sure that the property's taken care of. MS. CURLEY: Right. MR. LETOURNEAU: Then why isn't it in lis pendens yet? MS. RINGHOFER: And they're not taking care of it. MS. CURLEY: But the person who you issued a mortgage to is deceased, and you failed to include her on the mortgage. May 23, 2019 Page 33 MS. RINGHOFER: It doesn't matter. He didn't put her on the mortgage. He signed it. Not her. MS. CURLEY: She owns the real estate. MS. RINGHOFER: A deed is completely different than the mortgage. CHAIRMAN KAUFMAN: Okay. MS. RINGHOFER: I'm sorry. Are you an attorney? MS. CURLEY: No, I'm not. MS. RINGHOFER: Okay. MR. LEFEBVRE: I make a motion that the 59.91 be paid in 30 days; No. 1 is done in 30 days or a $200 fine; No. 2 is done in five days or a $250 fine; and No. 3 is done within 90 days or a $250 fine. That's my motion. CHAIRMAN KAUFMAN: Okay. Do we get a second on the motion? MS. ELROD: 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. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Opposed. CHAIRMAN KAUFMAN: One opposed. Before we go on, would the county agree to help the respondent get some legal help since the -- MR. LEFEBVRE: It's not their responsibility. May 23, 2019 Page 34 CHAIRMAN KAUFMAN: I know it's not their responsibility. MR. LEFEBVRE: It's not their responsibility. MR. LETOURNEAU: We can definitely help her look for some, but we can't really recommend anything. CHAIRMAN KAUFMAN: No. Just point her in the right direction. MR. LETOURNEAU: Right. And like I said, obviously, we're going to be out there as soon as possible getting that temporary barrier up if it isn't put up. As far as the legal counsel, though, we can just -- MS. CURLEY: Can we give her the address of Legal Aid on the East Trail? There's a big building there. MR. LETOURNEAU: Of course we can give her that, yes. CHAIRMAN KAUFMAN: Okay. And, again, it's certainly in your benefit to find out. All property has a value. The bank has a mortgage for someone who died. That person -- they can't collect the money from that person, obviously. So that's why you need legal assistance. You can't fight the banks by yourself, okay? MR. LEFEBVRE: We're here for abatement, not to give legal advice. MS. RINGHOFER: Exactly. MR. LEFEBVRE: So could we please close this hearing? CHAIRMAN KAUFMAN: Okay. Moving on. Okay. Thank you very much. MS. RINGHOFER: Thank you. CHAIRMAN KAUFMAN: Good luck. MS. BUCHILLON: Next item on the agenda under hearings, No. 14, CESD2018 -- I'm sorry -- that's the stip. I'm so sorry. MR. LEFEBVRE: No problem. CHAIRMAN KAUFMAN: We're hearing the cases now for the people that are still here. May 23, 2019 Page 35 MS. BUCHILLON: Yes, yes. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 16 under hearings, CESD20180014203, Joan E. Kittrell. (The speakers were duly sworn and indicated in the affirmative .) CHAIRMAN KAUFMAN: Good morning, everybody. Could you state your name for us on the microphone. MS. KITTRELL: My name is Joan E. Kittrell. CHAIRMAN KAUFMAN: Okay. You look familiar. Okay. The county proceed. MR. CATHEY: Good morning. For the record, Investigator Ryan Cathey, Collier County Code Enforcement. This is in reference to Case No. CESD20180014203 dealing with a violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), dealing with an unpermitted fence and gazebo-type structure located at 291 Grassy Key Lane, Naples, Florida, 34114; Folio 81627240000. Service was given on November 19 of 2018. I would now like to present case evidence in the following exhibits: One photograph from November 15 of 2018, one photograph from May 7 of 2019, one from May 22nd of 2019, and an aerial of the property. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the pictures? MR. CATHEY: Yes. MS. KITTRELL: Yes, I have. CHAIRMAN KAUFMAN: Do you have any objection? MS. KITTRELL: No. CHAIRMAN KAUFMAN: Okay. MR. WHITE: Motion to accept the pictures. May 23, 2019 Page 36 MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Ay e. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CATHEY: These are the photos of the fence and the gazebo structure. This case originated as a complaint to our department. On November 15 of 2018 I arrived on site and observed the structure and fence. I spoke with the owner who stated that the gazebo structure had been there prior to her purchasing the property. I was not able to find a permit for either the fence or the other structure. Conducted a determination with the building official who stated the permits were required for both. A notice of violation was then served on November 19 of 2018. Spoken with the owner since and have advised her to contact Renald Paul for further assistance with the permit process. Permit was filed for the fence and was finalled; however, no permit has been filed for the cabana structure at this time, and that part of the violation remains. CHAIRMAN KAUFMAN: Okay. Yes, ma'am. MS. KITTRELL: My husband and I purchased the property in 2005. Having acquired the property card for 291 Grassy Key, I noticed that the gazebo -- we refer to it as a gazebo -- appeared on the May 23, 2019 Page 37 property card in 1986. So it was already there when we had purchased the property in 2005. We had no idea that there was an issue with that gazebo. We had a resident in the park who was rather unhappy with a number of individuals, and I believe he turned in something like 50 people for various and sundry violations, specifically, if they hadn't had work done by him, although he was not a licensed contractor. If they got somebody else, he turned them in. But I have not filed for a permit. I will need a variance. I am short two feet from the closest post, which would be on your right-hand side to a concrete cinderblock pillar which supports the patio roof. I have almost eight feet. My understanding is I need 10 feet. So I am in the process now of applying for a variance, or I want to apply for a variance. I've only just received the lot survey from Hole Montes, and they're going to be giving me the larger copies. If I can get the variance, then my intention is to -- I have the paperwork ready for the variance. I have the paperwork ready for the permit. So my intention is, if I have the variance, if I can get the variance, then I will bring or do what I need to with that gazebo to bring it up to code. If I cannot get the variance then -- that's why I didn't apply for the permit. If I can't get the variance, then obviously something else will have to be done with that structure, including the possibility of demolishing it, which would break my heart. But that's where I am at this point. MR. LEFEBVRE: Can it be moved? MS. KITTRELL: It cannot be moved, the way it was constructed. I have no idea who built it. It's actually built more like -- if you're from the Midwest or from New England, more like the picnic pavilions with the post and the Y supports. And the post May 23, 2019 Page 38 itself goes down through to what's down there, which is, I think, a concrete pad, and then the decking is built around that. And I can't move the concrete pillars because there are three of them, and to move them would then damage the roof structure that is currently being supported. So I've looked at those possibilities. CHAIRMAN KAUFMAN: Can you zoom in on that -- you're getting warmer. There you go. That's the aerial from what year? Is it current? MR. CATHEY: Yes. CHAIRMAN KAUFMAN: And you have something from 1986? MR. CATHEY: I do not. MS. KITTRELL: No. I have a Google map from 1995 which shows the gazebo there. CHAIRMAN KAUFMAN: Okay. MS. KITTRELL: On the property card, the original owner was a -- I think the last name was Forrenza. They purchased the property when the park was developed. They purchased in 1978. They sold in 1988. On the property card it has the gazebo listed as being added in 1986. But I can't find anything. CHAIRMAN KAUFMAN: Have you -- from experience, have you asked them to pull the microfiche on that? MR. CATHEY: I went down to records with our department and looked through the microfilm. They weren't able to find any permit. CHAIRMAN KAUFMAN: Were you able to find the microfiche when they built it? I know they only keep building permits going back X amount of years. MR. CATHEY: The only thing I found was the same thing with the property card showing the gazebo being there. CHAIRMAN KAUFMAN: Jeff? May 23, 2019 Page 39 MR. LETOURNEAU: For the record, Jeff Letourneau. I believe the setbacks in '86 were probably the same a s they are currently. So we can assume that the lack of finding a permit, probably there wasn't a permit, because they wouldn't have been able to permit it in that position in the first place. MS. CURLEY: Can I -- just for point of clarification. Is that water, the black stuff on the side? MR. CATHEY: Canal. MS. KITTRELL: It's a drainage ditch. They call it a canal for -- it sounds nice. MS. CURLEY: It's called a canal. MS. KITTRELL: It's not navigable. It's a water ditch. CHAIRMAN KAUFMAN: A little boat, she can put on there. MS. KITTRELL: You wouldn't want to. It's not normally deep enough. You wouldn't be able to put -- you'd have to hit -- in season probably you could use a 9-horsepower, something that small. You could take a kayak down there if you don't mind fighting with the alligators and the otters. CHAIRMAN KAUFMAN: Okay. Well -- MS. CURLEY: I make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion that a violation exists. MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. You have some comment? MR. LEFEBVRE: Yeah. The motion does -- I mean, there's a violation, but the fence has been taken care of, correct? MR. CATHEY: Correct. MR. LEFEBVRE: So if we can maybe take that out of the motion. So it would be just for the gazebo. MR. CATHEY: Right. May 23, 2019 Page 40 MR. LEFEBVRE: Okay. Perfect. CHAIRMAN KAUFMAN: So the fence was permitted. That's done? MR. CATHEY: Correct. CHAIRMAN KAUFMAN: So your -- the violation exists without the fence. MS. CURLEY: I make a -- CHAIRMAN KAUFMAN: Just the gazebo. MS. CURLEY: -- motion that there's a violation involving the gazebo and it exists currently. CHAIRMAN KAUFMAN: Okay. And we have a second. MR. DOINO: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. And you have a suggestion for us? MR. CATHEY: I do. CHAIRMAN KAUFMAN: An eye test. MS. BUCHILLON: I could put it on the visualizer. MR. CATHEY: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case wit hin 30 days and abate all violations by: May 23, 2019 Page 41 One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; and, Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. And my first question is on the variance. I know I needed, personally, to apply for one. Have they given you any indication of how long that will take to -- MS. KITTRELL: No, they have not. CHAIRMAN KAUFMAN: Okay. MS. KITTRELL: I know they've told me what I need to have, and I have all of that information. They've told me it will cost me $1,000. Obviously, I'm willing to invest money in trying to save this, and I'm fine with that, but they haven't given me any indic ation as to how long it might take once I've submitted the application. So much of it is dependent upon -- CHAIRMAN KAUFMAN: I understand. So we should probably -- whoever makes a motion on this should take this into consideration. It was my -- the last time I applied for a variance it was, like, 60 or 90 days, so just in -- MR. LETOURNEAU: That's the short end of it right there. I would say it could take longer than that. MS. CURLEY: I have a question, Jeff. So this is in a drainage area which affects many neighborhoods and areas around there. Is May 23, 2019 Page 42 this pretty common that they're going to let something encroach onto the drainage canal? MR. LETOURNEAU: I can't say if the variance is going to pass or not, to be honest with you. I haven't really be en to the property. So that's something that the planners have to decide or the commissioners at some point. MS. CURLEY: So it's not -- so it's all fully on her property or no? MR. LETOURNEAU: I can't answer that question. MS. CURLEY: Ma'am? MS. KITTRELL: Well, actually, I live in a -- Westwind is a condominium association, and so based on my lot survey that I have, which is very small -- if you had a magnifying glass, you might be able to see some of the numbers. Actually, the gazebo itself, which I don't -- as I said, it appeared on the property card in 1986 -- is on what is called limited common in the -- MS. CURLEY: I know what that is. MS. KITTRELL: -- community, so I have the exclusive use of that amount of area. But that's the best I can tell you. I don't know who built it; nothing. MS. CURLEY: So are you taking out the variance, or is your community association? MS. KITTRELL: No, I'm doing it. It's limited common, so I have the exclusive use of that area. MS. CURLEY: Well, it wouldn't say "limit common" if you had the exclusive use of it. Limit commons means that you share that with everybody else. MS. KITTRELL: Well, they all have the right to come and use it, but nobody does. MS. CURLEY: Right. But that's not -- May 23, 2019 Page 43 MS. KITTRELL: I'm not asking the Westwind association to do anything with this. CHAIRMAN KAUFMAN: Okay. I'll be over for lunch Thursday. No. MS. KITTRELL: Sure. CHAIRMAN KAUFMAN: Okay. Would someone like to fill in the blanks on the suggestion from the county? MS. CURLEY: I will. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Number 1, 30 days with a fine of $100 per day. MR. LEFEBVRE: Operational costs paid when? MS. CURLEY: Within 30 days. CHAIRMAN KAUFMAN: Let me just comment on your motion. I doubt whether the respondent will have an answer in 30 days on a variance. MS. CURLEY: When she goes to turn in her variance request, they're going to tell her that she doesn't own the real estate that she's requesting a variance for. CHAIRMAN KAUFMAN: Don't comment on what they're going to say. MS. CURLEY: Maybe. CHAIRMAN KAUFMAN: Maybe. Maybe they'll say that's fine. You'll be done from a week. MS. CURLEY: It's hard to ask for a variance on something that you don't own. And what she just told us, that it's owned by -- it's limited common elements of the condominium association. A single person's not going to be able to be granted a variance for that. CHAIRMAN KAUFMAN: Thank you for your opinion; the one that counts the most. MS. CURLEY: That's why I'm just saying 30. CHAIRMAN KAUFMAN: Okay. May 23, 2019 Page 44 MS. CURLEY: You have to come back then. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Motion dies for lack of a second. Would somebody else like to try? MR. LEFEBVRE: Make a motion that 59.63 be paid within 30 days, and 180 days or $100-a-day fine. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. WHITE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: Opposed. We didn't have any discussion on the motion. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, never mind now. You already voted. But I oppose it because it's just -- well, whatever. MS. KITTRELL: Well, I do have -- I have lined up -- I've spoken to a contractor who has access to an architectural and structural engineer, because my understanding is I will need that when I apply for the permit. So I've made all of the preliminaries but, again, variance waiting. CHAIRMAN KAUFMAN: The outcome is the Board has voted. You have 180 days or six months, probably -- they kind of go May 23, 2019 Page 45 hand in hand -- to get your answer. If you don't have an answer in 180 days, come back to the Board, and we can see where we are at that point. MS. KITTRELL: So I have 180 days in terms of the variance? CHAIRMAN KAUFMAN: You have 180 days before fining starts at a rate of $100 a day after the 180 days. MS. KITTRELL: Okay. CHAIRMAN KAUFMAN: Okay. So that if in 175 days they come back and say we're going to have an answer for you in three weeks, you come back to the Board and say, they told me I'm going to have an answer in three weeks. Can you give me a little bit more extension on that. MS. KITTRELL: I'll probably ask if you could call them. MS. CURLEY: But if in a week they say, no, then you have 170 days to get a demo permit and have it removed. MS. KITTRELL: Yes. CHAIRMAN KAUFMAN: Okay. Everybody happy? Everybody but Sue happy? MS. CURLEY: No, I'm happy. It's just drawing out a painful process. MS. KITTRELL: It's a painful process, and it's a costly process, but it means a lot to me, so I'd like to be able to keep it if I can. CHAIRMAN KAUFMAN: Okay. Okay. Thank you very much. MS. KITTRELL: Thank you. MR. CATHEY: Thank you. MR. WHITE: If it's not on her property, then shouldn't the case be against the mobile home park? MS. CURLEY: Right. That's why -- nobody heard me. I just wanted to get my point on record, and I did. CHAIRMAN KAUFMAN: How are your fingers? May 23, 2019 Page 46 THE COURT REPORTER: I'm good till 10:30. MR. LEFEBVRE: We'll make sure the next case doesn't go past 10:30. CHAIRMAN KAUFMAN: Okay, Helen. MS. BUCHILLON: Next item on the agenda, under Roman Numeral 6, old business, imposition of fines, No. 8, CEAU20170014383, Enclave at Naples. And that's the letter I gave you that says No. 8 on the top. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MS. COLOSIMO: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. COLOSIMO: My name is Joan Colosimo. MR. MOLINA: For the record, Boris Molina, Collier County Code Enforcement. CHAIRMAN KAUFMAN: All right. So, ordinarily, the county would present the case, but this is the imposition of fines. We generally let the respondent let us know why they're here. So if you would. MS. COLOSIMO: Back in 2017, prior to my reemployment at the Enclave at Naples Condo Association, the previous board had installed a fence. Then after I was re-employed, we had a survey done recently and, come to find out, that the installation of the unpermitted fence was not on our property, so we have since removed it in its entirety. So we're looking for some lenience. CHAIRMAN KAUFMAN: Interesting. MS. COLOSIMO: Yes, it has been. CHAIRMAN KAUFMAN: Well, if the fence wasn't on your property, then maybe the violation should have been on the person's property where it existed, except for you guys did it. May 23, 2019 Page 47 MS. COLOSIMO: It existed in a preserve at Briar Landings. So the association takes full responsibility for doing that. It has been admitted, though they were told -- the Board was told that a permit needed to be ascertained, and they ignored that fact. So once I found out that this had occurred, I had it removed ASAP instead of trying to say, okay, well, we'll move the fence. Because the property line does do this (indicating) for whatever reason. So instead of trying to remove a portion of the fence, I just had it totally removed. MR. LEFEBVRE: Make a motion to deny the county's request for imposition of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second, but before we do that, maybe we should read this into the record. MR. LEFEBVRE: Right. MR. MOLINA: Violations: 105.1 of the Florida Building Code, Sixth Edition (2014), as then adopted by referenced Section 22-26 Code of Laws and Ordinances of Collier County. Location: 1295 Wild Wood Lakes Boulevard Naples, Florida; Folio No.400246202. Description: Fence erected without building permits. Past order: On January 24th, 2019, the Code Enforcement Board issued a finding of facts, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See attached order of the Board, OR5603 Page 2117, for more information. The violation has been abated as of May 22nd, 2019. Fines have accrued at a rate of $200 per day for the period from April 25th, 2019, to May 22nd, 2019, 28 days, for a total fine of $5,500. Previously assessed operational costs of 60.05 has been paid. May 23, 2019 Page 48 Operational costs of today's hearing: $59.28. Total amount: $5,659.28. CHAIRMAN KAUFMAN: Okay. Now, let's vote on the motion that Mr. Lefebvre has made to deny the county's ability to enforce the fine. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. COLOSIMO: Thank you very much. I do have one question, though. When will the release of lien be signed and filed within the county? Because we have several sales that are pending, and they can't go through until that release of lien has -- CHAIRMAN KAUFMAN: I'm sure the county would be glad to answer your question. MS. COLOSIMO: Okay, great. Thank you so much. MR. LEFEBVRE: Either that or get a record of this hearing, and that might be sufficient for the bank. MS. COLOSIMO: All right. Thank you, gentlemen. MR. LEFEBVRE: I'm not sure but that might be -- MS. COLOSIMO: Thank you all very much. CHAIRMAN KAUFMAN: They may not have even filed a lien yet. MS. BUCHILLON: Next item on the agenda. May 23, 2019 Page 49 CHAIRMAN KAUFMAN: Hold on. We're going to take a 10-minute break. (A brief recess was had.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Here we are waiting for the next case. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 9 CEOCC20190002420. Yavuz Karagoz, and also No. 10 is his case, COCC20180012074 (sic). (The speakers were duly sworn and indicated in the affirmative.) MR. KARAGOZ: Good morning, everybody. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. KARAGOZ: My name is Yavuz Karagoz. CHAIRMAN KAUFMAN: Okay. As I mentioned in the last case, ordinarily the county would go first. Why don't you read this into the record, and then we'll go from there. MR. AMBACH: Very good. For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41 as amended, Section 1.04.01(A), and Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and 126-114(c). Location: 102 New Market Road East, Immokalee Florida. Folio No. 6386440007. Description: Repeat violation of a U-Haul business operating without first obtaining all Collier County approvals and a Collier County business tax receipt. Also, U-Haul vehicles are being stored on the property. Past orders: On March 28th, 2019, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent May 23, 2019 Page 50 was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5618, Page 1656, for more information. The violation has been abated as of April 2nd, 2019. Fines and costs to date are as follows: No fines have accrued. Previously assessed civil penalty of $1,000 has not been paid. Previously assessed operational costs of $59.70 has not been paid. Operational costs for today's hearing: $59.28 cents. Total amount: $1,118.98. CHAIRMAN KAUFMAN: Okay. MR. KARAGOZ: Okay. I have a problem with the $1,000 because when I spoke with Chris, I mean, a couple times we had a -- I was trying to get a permit for the U-Haul originally before even all this mess, because the zoning told me that we were C5 location, and we can rent heavy industrial equipment. And we were trying to get a survey done. I called so many places. It was giving me three to five weeks to get a survey done. Then they gave me times saying that I need to remove the U-Hauls, which I did, and I canceled the U-Hauls from U-Haul dealer. And I sent Chris the email the other day, because after I saw the $1,000, U-Haul sent me an email saying that they canceled my contract February -- I think February 20th or February 3rd, one of those. I don't remember what day was it. And Google map, if you pull it up now, it's going to show my location as a U-Haul dealer. There's no way to remove it. Customer comes in, drops a U-Haul, leaves the key in it. Gone. I have to call U-Haul. It takes three days, four days, how long it takes to come and pick the trucks up. We don't rent U-Hauls. And the Code Enforcement comes in and gives me a fine. May 23, 2019 Page 51 MR. AMBACH: Objection. Can we go back to the Board. This is imposition of fines. These cases have already been heard. MR. KARAGOZ: I understand that. CHAIRMAN KAUFMAN: Yes. MR. AMBACH: And the county has assessed -- the Board assessed the $1,000 civil penalty. CHAIRMAN KAUFMAN: I understand. MR. AMBACH: That was not paid on this, and the operational costs. MR. KARAGOZ: I am -- I don't -- I mean, I shouldn't pay any civil penalties because people come and leaving stuff onto my property. CHAIRMAN KAUFMAN: Here's the deal: If you haven't paid -- I'm not even talking about the $1,000, but you haven't paid t he operational costs for the last hearing, we don't even listen to you, okay. MR. KARAGOZ: Okay. CHAIRMAN KAUFMAN: So we just impose the fine. So that's the point we're at right now. You haven't paid the $1,000, you haven't paid the $59.70, and today's hearing is 59.28 on top of that. So we heard the case already. After hearing the case, those were the fines that were imposed. You have chosen not to pay them. MR. KARAGOZ: Okay. I understand the $59. I did forgot to pay the $59. The $1,000 is the problem that I have because I don't -- I can't control the people out in Immokalee coming leaving trucks, and Code Enforcement comes and gives me a ticket for violation. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Let me just -- his testimony was beginning February -- MR. KARAGOZ: Yes. MR. LEFEBVRE: -- the contract was canceled, correct? May 23, 2019 Page 52 MR. KARAGOZ: Yes. MR. LEFEBVRE: We heard a case on March 28th. That wasn't brought up to us. MR. KARAGOZ: March 28th of? MR. LEFEBVRE: Of this year we heard the case, correct? CHAIRMAN KAUFMAN: Yep. MS. CURLEY: I don't remember any documentation stating that he would have provided -- MR. LEFEBVRE: Right. That should have been provided to us. (Simultaneous speakers speaking.) MS. CURLEY: -- from U-Haul so we would have been aware of that. So I just think this is a little bit much. MR. LEFEBVRE: I make a motion to impose the fine. MS. CURLEY: I second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. ASARO: We're not done yet. MR. LEFEBVRE: We've got a second case. CHAIRMAN KAUFMAN: That was this one. May 23, 2019 Page 53 Chris, you want to read the second one into the record, ending in 2074. MR. AMBACH: For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and 126-114(c). Location: 102 New Market Road East, Immokalee, Florida. Folio No. 6386440007. Description: U-Haul business operating without first obtaining all Collier County approvals and a Collier County business tax receipt. 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 2098, for more information. The violation has been abated as of January 28th, 2019. Fines and costs to date are as follows: No fines accrued. Previously assessed operational costs of $59.63 have not been paid. Operational costs for today's hearing: $59.35. Total amount: $118.98. CHAIRMAN KAUFMAN: Okay. As is the last case, the operational costs were never paid. Take a motion from the Board to impose. MS. CURLEY: Motion to impose the fines. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. May 23, 2019 Page 54 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Which brings us to. MS. BUCHILLON: Next item on the agenda under hearings, No. 4, CESD20180015758, Delores Del Carmen Morales De Lopez. Respondent was notified certified mail on May 6th, 2019, and it was also posted at the property and the courthouse on May 1st, 2019. MS. CURLEY: I'm sorry. What case number again? MR. DOINO: Four. MS. CURLEY: Okay. Thank you. MR. LEFEBVRE: Have we heard three yet? MS. BUCHILLON: I'm sorry. MR. LEFEBVRE: We could hear that one and then... MS. BUCHILLON: I'm so sorry. CHAIRMAN KAUFMAN: You read four in. Do four, and then we'll do three. MR. LEFEBVRE: Motion to amend. MR. DOINO: Second. CHAIRMAN KAUFMAN: We don't have to amend it. We're just doing four. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. May 23, 2019 Page 55 MR. DOINO: We are on four, right? MR. LEFEBVRE: Yes, we are. MR. MOLINA: Good morning. For the record, Boris Molina, Collier County Code Enforcement. This is in reference to Case No. CESD20190015758 dealing with violation of the Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(e)(i) (sic), unpermitted structures consisting of but not limited to an outdoor kitchen, rear pergola, fence, and a fire pit located at 5006 32nd Avenue Southwest, Naples, Florida, 34116; Folio No. 36455520002. Service was given on February 1st, 2019. I would like now to present evidence case in the following exhibits: Two aerial photos from Collier County Property Appraiser and six photos taken by myself on December 31st, 2018. CHAIRMAN KAUFMAN: Get a motion to accept the photos. MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: Motion and a second. All in those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MOLINA: Okay. This is an aerial photo of the property from 2018. May 23, 2019 Page 56 CHAIRMAN KAUFMAN: Can you make that bigger, too? That's much better, okay. MS. CURLEY: Delores Morales. MR. MOLINA: So you can see on the rear of the property there's no structures. This is from 2019, and then you can see the rear of the property. There's multiple structures. CHAIRMAN KAUFMAN: What am I looking at in the rear there? MR. MOLINA: These right here? CHAIRMAN KAUFMAN: Other than white blobs. MR. MOLINA: This is one of them, and then this whole area right here. MR. LEFEBVRE: Brick paver -- looks like -- almost looks like a brick paver, but it's a structure? MR. MOLINA: Yes. And then they have, like, a pergola, and then they have the kitchen. And let me see what else. And also the fence that goes around the property. So four structures total. MR. LEFEBVRE: Can you go back to the previous one? MR. MOLINA: Yes. CHAIRMAN KAUFMAN: Now you see it; now you don't. Okay. MR. MOLINA: So that's a photo from the pergola from last year. You can see right here. There's a fire pit or grill, and there's a kitchen area, and you can see the fence right here. CHAIRMAN KAUFMAN: Have you talked directly to the homeowner? MR. MOLINA: No. I talked to the tenant, and he informed me that the property owner does not live here in this country. She's out of the country. And he refused to give me any way to contact the property owner. So I have not been able to talk to the property May 23, 2019 Page 57 owner. But it appears that the tenant is taking care of this -- or he's trying to take care of the violations. They have two permits. One permit for the fence, which is expired. It expired last year. And he has one -- one permit under review for the pergola and part of the grill. So he's working on some of the violations. CHAIRMAN KAUFMAN: Okay. Well, it doesn't matter what the tenant is doing. The owner has been notified? MR. MOLINA: Yes, she has. CHAIRMAN KAUFMAN: To the same address where the tax bill is sent? MR. MOLINA: She has, yes. CHAIRMAN KAUFMAN: You may want to put that in the record how the notification was made since the respondent is not here. MS. CURLEY: So the notification's going to the property address even though it's -- the owner's not living there? MR. MOLINA: That's correct. MS. CURLEY: So do you know if the tenant has made these alterations? MR. MOLINA: It appears that he did, yes. CHAIRMAN KAUFMAN: Helen, do you want to -- go ahead. MS. BUCHILLON: I'll go ahead. Respondent was notified certified mail on May 6th, 2019, and the property was posted and at the courthouse on May 1st, 2019. CHAIRMAN KAUFMAN: Okay. And the respondent was -- sent a certified letter to what address? MR. MOLINA: So the address that she has listed, it is across the street, and it went to that property, and then I received a phone call from the property owner from that property to inform me that she May 23, 2019 Page 58 does not live there. It appears that she lived there at some point, but now there's a new property owner. CHAIRMAN KAUFMAN: Okay. The taxes are up to date? MR. MOLINA: I'm not sure. MS. CURLEY: Do you know if it's a homestead? MR. MOLINA: I don't think so. CHAIRMAN KAUFMAN: Shouldn't be. It's rented. MS. CURLEY: I'm just saying. CHAIRMAN KAUFMAN: Okay. Where will -- any other discussions on this property? MR. DOINO: No. MR. LEFEBVRE: Make a motion that a violation does exist. MS. CURLEY: I'll second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us? MR. MOLINA: I do. Recommendations: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.56 May 23, 2019 Page 59 incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion for the unpermitted outdoor kitchen, rear pergola, fence, and fire pit/grill within blank days of this hearing, or a fine of blank dollars per day will be imposed until a violation is abated; Two, that the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to try filling in the blanks? MS. CURLEY: I'll fill it in. Number 1, 15 days or a $250 fine and, as stated, the 59.56 within 30 days. CHAIRMAN KAUFMAN: Okay. Do we have a second on that? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. WHITE: So he has to go to get permits? CHAIRMAN KAUFMAN: Well, one of the permits expired, the one on the fence; is that correct? MR. MOLINA: Last year, yes. CHAIRMAN KAUFMAN: The other one is still active, so... MS. CURLEY: So you have an owner that's out of the country -- MR. MOLINA: It's under review. May 23, 2019 Page 60 MS. CURLEY: -- so you can't put any permits in anyway. Yeah, let's just end this. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? It carries unanimously. You're opposed? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. One opposed. MR. MOLINA: Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 3, CEPM20180011461, Graciela Gonzalez. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. MS. BUCHILLON: Respondent was notified certified mail on May 7th, 2019. The property was posted and at the courthouse on May 6th, 2019. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you just tell me when you -- certified letter was sent to where? Just the address; if it was sent to the house or a different address or -- MS. BUCHILLON: It was sent to a P.O. Box. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: See No. 4 on this violation statement, it says where it went. CHAIRMAN KAUFMAN: Okay. Steven. MR. LOPEZ-SILVERO: Good morning. May 23, 2019 Page 61 CHAIRMAN KAUFMAN: Good morning. MR. LOPEZ-SILVERO: For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CEPM20180011461 dealing with a violation of Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-242 and Section 22-231(12)(i). Observed an unsecured dwelling with broken and/or missing windows on unoccupied residential property located at 1019 Ringo Lane, Immokalee, Florida, 34142; Folio 000790400004. Service was provided on September 26th, 2018. I would like to present case evidence in the following exhibits: It's going to be a total of four pictures taken by myself. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. WHITE: Motion to accept photos. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ-SILVERO: This photo's of the side of the mobile home on the side yard. You'll notice pretty much every window -- actually, all the windows on the side of the home are either knocked out, missing, or broken. May 23, 2019 Page 62 How do I skip to the next one? Okay. This is the front of the dwelling. You notice the far left window is missing, or window pane. MS. BUCHILLON: You have the arrows on the sides. MR. LOPEZ-SILVERO: And this is the other side of the dwelling. Let me zoom in. CHAIRMAN KAUFMAN: Front door is not locked? MR. LOPEZ-SILVERO: Not to my knowledge, but there's a side door on the side of the dwelling. That's wide open. It's unsecured. CHAIRMAN KAUFMAN: Okay. Much better. MR. LOPEZ-SILVERO: And that is right here. Also, windows on the side either missing or broken. MS. CURLEY: Was this case brought to you by Sheriff's Department or by a neighbor? MR. LOPEZ-SILVERO: This was a field observation. CHAIRMAN KAUFMAN: Has the Sheriff been notified? MR. LOPEZ-SILVERO: Not to my knowledge. MS. CURLEY: I just have a technical issue. On the statement of violation, a request for hearing, it says the public hearing will be at the Special Magistrate instead of Code Enforcement Board. I don't know if that matters, but I just thought I'd bring that to your attention. It's Page 3 of the document. We have Page 4. CHAIRMAN KAUFMAN: They juggle back and forth between. MR. LOPEZ-SILVERO: It was initially set for the Special Magistrate. Then the venue changed. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Those are all the photos? MR. LOPEZ-SILVERO: Yes, sir. May 23, 2019 Page 63 MS. CURLEY: It seems like it's been a long time since September 24th when it was supposed to be corrected, the letter, to now. Does it still look like that? MR. LOPEZ-SILVERO: This is my fourth photo taken two weeks ago. MS. CURLEY: Yikes. CHAIRMAN KAUFMAN: Have you been in touch with the owner? MR. LOPEZ-SILVERO: Yes, yesterday, to inform her of today's hearing. CHAIRMAN KAUFMAN: And? MR. LOPEZ-SILVERO: She did confirm that the dwelling is unoccupied and really inhabitable. She is interested in demolishing and removing the mobile home. To date she hasn't gotten a demolition permit. According to her, she's saving money to have a contractor remove the mobile home, but she doesn't reside at that address. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion that a violation does exist. MS. ELROD: Second. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. Any discussion on the motion? MS. CURLEY: Just a question. So does the mobile home -- the property owner own the dirt as well? MR. LOPEZ-SILVERO: Yes, ma'am. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. May 23, 2019 Page 64 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us, Steven? MR. LOPEZ-SILVERO: I do, sir. That the Code Enforcement Board order 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, must repair or replace any broken and/or missing windows or exterior doors and obtain any and all applicable building permits, inspections, and certificate of occupancy and/or completion for such repair or replacement, if dwelling is to remain, within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, must obtain the required demolition permits, inspections, and certificate of completion to demolish that dwelling, if dwelling is to be removed, within blank days of this hearing, or a fine amount 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 -- correction -- 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. May 23, 2019 Page 65 CHAIRMAN KAUFMAN: Okay. I'd almost like to see something in the motion that secures the building, you know, lock the doors or put some plywood up over it so kids wouldn't be playing there. What? MS. ELROD: That is number one, repair or replace. MR. LOPEZ-SILVERO: For the doors and windows. CHAIRMAN KAUFMAN: Yeah. Whether they repair the door, they need to secure the building. That's what -- I don't want to see kids getting in there. MR. WHITE: Like a temporary pool -- CHAIRMAN KAUFMAN: Like a temporary whatever. The county does that quite often. MR. LEFEBVRE: Either that or just put a shorter period of time. CHAIRMAN KAUFMAN: Either that -- it would be up to the motion maker. Anybody like to take the motion on? MR. LEFEBVRE: I make a motion that the $59.27 (sic) in operational costs be paid within 30 days; 30 days to abate the issue, or a fine of $200 a day. MR. DOINO: Second. MS. CURLEY: Wait a minute. MR. WHITE: You've got to do No. 2. MR. LEFEBVRE: Or demo, same amount. MS. CURLEY: Thirty days, $200? MR. LEFEBVRE: Yes. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. May 23, 2019 Page 66 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: Thanks for keeping me straight. MR. LOPEZ-SILVERO: Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 17, CEPM20180014370, Milan Jovanovic. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. John, do you want to -- MR. CONNETTA: Good morning. For the record, John Connetta, Collier County Code Enforcement Investigator. This is in reference to Case CEPM20180014370 dealing with the violations of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(i) and Section 22-242, an unsecured vacant dwelling with broken windows and access can be gained, located at 839 104th Avenue North, Naples, Florida, 34108; folio number of 62414120006. Service was given on November 20th, 2018. I'd like to present the following evidence in the following exhibits: Six photos all taken by me. The first three are dated November 20th, 2018; the next two would be dated May 6th, 2019, and the last one will be dated May 22nd, 2019. CHAIRMAN KAUFMAN: Get a motion from the Board to accept the photos. May 23, 2019 Page 67 MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. CONNETTA: Okay. There's the first one. This is the -- it's a duplex in Naples Park. Next photo shows one of the broken windows. That's another broken window. That's just another front view of the building. CHAIRMAN KAUFMAN: Are both units in the complex in the same condition? MR. CONNETTA: Yes. Actually, the other side, 835 104th, was heard about three months ago in front of the Code Enforcement Board. CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: This case actually began on November 19th 2018, after I received a complaint from a neighbor in reference to the vacant dwelling with broken windows. THE COURT REPORTER: Can you slow down a little bit. MR. CONNETTA: Sorry. THE COURT REPORTER: Thank you. May 23, 2019 Page 68 MR. CONNETTA: A site inspection was conducted. While on scene, I observed several broken windows where access into the dwelling can be gained. Photos were taken, attached to the case. A notice of violation was mailed certified registered mail and regular U.S. mail to the property owner. A copy of the notice of violation was posted at the property and the Collier County Courthouse. When I last spoke to the property owner, he stated that he hired a contractor to demo the structure. As of May 22nd, 2019, the violation remains, and there has been no recent contact from the property owner. CHAIRMAN KAUFMAN: Okay. Could you go through the notification on this, Helen, just for the record. MS. BUCHILLON: Respondent was notified certified mail on May 6th, 2019, and it was posted at the property and the courthouse on May 6th, 2019. It was mailed to Canada. CHAIRMAN KAUFMAN: Okay. MR. CONNETTA: Apparently, he doesn't live in Canada anymore. He's living somewhere here in Florida. CHAIRMAN KAUFMAN: Okay. And he's aware of the problem? MR. CONNETTA: He was when I met with him, I believe it was last November, just before the holidays, because that's when he told me he was going to demo it. He was going to hire a contractor and demo it. MS. CURLEY: So was the property destroyed with the hurricane? I mean, it doesn't look bad. I mean, what's wrong with it? MR. CONNETTA: I think it's old and I think, basically, settlement, because that's what the case on 835 -- like, 4 o'clock in the morning the flooring kind of sank, pipes burst, Fire Department May 23, 2019 Page 69 responded, but there was nobody living in 839. He never took care of that, and eventually people are just dumping trash on his property. They're parking cars on this property, and he's not maintaining it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: There's no permits for demolition because you had stated that he -- MR. CONNETTA: No. MS. CURLEY: -- said he was going to hire -- MR. CONNETTA: No permits at all. It's not in lis pendens. No foreclosure. None of that. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board whether a violation exists. MR. WHITE: Motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) MR. LEFEBVRE: I have a question. There's two separate property addresses, but is it one parcel? MR. CONNETTA: Uh-huh. MS. CURLEY: Postman doesn't care. MR. LEFEBVRE: What I'm thinking is, if we already heard -- how come these cases weren't heard together -- or how can we -- May 23, 2019 Page 70 MR. CONNETTA: This took place after he was already cited for 835. MR. LEFEBVRE: But if it's the same parcel, it seems like it's the same issue. MR. WHITE: Single structure. MR. LETOURNEAU: So the sinkhole happened earlier. MR. CONNETTA: The sinkhole happened at 835 when that was occupied. The tenant was the one who complained about the flooring and the doors and everything else. 839 was vacant at the time. MR. LEFEBVRE: But was the condition like this? MR. CONNETTA: We don't know because we couldn't get inside. MR. LEFEBVRE: But broken windows. MR. CONNETTA: No. The broken windows came after. MS. CURLEY: Which is a second violation. MR. CONNETTA: It happened months later. MR. LEFEBVRE: I just want to make sure we're not duplicating; double jeopardy here. MS. CURLEY: Well, it would just be helpful if we included both the addresses on our documents so we get it, it's 839 and 837, 104; whatever the case is. CHAIRMAN KAUFMAN: So the vote on the motion was that a violation exists. Okay. And do you have a recommendation for us, John? MR. CONNETTA: Yes, sir. That the Code Enforcement Board order the respondent to pay all operational costs in the amount of $60.12 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtain all required Collier County building permits or demolition permit, inspections, and certificate of May 23, 2019 Page 71 completion/occupancy within blank days of this hearing for the repair of the broken windows and secure the dwelling, or a fine of blank amount will be imposed until the violation is abated; Second, alternatively, if a boarding certificate is obtained and the structure is boarded within seven days of this hearing, then the time required to complete the repairs, inspections, and certificate of completion/occupancy will be extended to and must be completed within 180 days of this hearing, or a fine of blank amount per day will be imposed until the violation is abated; Third, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a stab at filling in the blanks? MS. CURLEY: Just No. 2 I have a question. So it says, alternatively, if a boarding certificate is obtained, but No. 1 says -- it doesn't say boarding. So just to make it clear for the owner if he happens to get this. MR. CONNETTA: Well, No. 1 basically is to obtain a permit for -- I'm sorry. MS. CURLEY: But it says for the repair of the broken windows and secure dwelling or a fine of... So that's separate -- so there's a -- so -- MR. CONNETTA: So, technically, No. 2 he can pull a boarding certificate where he can board all the doors and windows and leave it there for six months while he decides what he wants to May 23, 2019 Page 72 do with the building, whether he wants to demo it or go ahead and repair it. MS. CURLEY: Sorry about that. CHAIRMAN KAUFMAN: One he fixes the windows; the other one he doesn't. MS. CURLEY: Go ahead. Does anybody want to fill those blanks in? CHAIRMAN KAUFMAN: Would you like to try? MS. CURLEY: Yeah, I'll do 30 days, $200 fine for No. 1 with $60.12 operational costs for today, and then No. 2, $200 per day, period. MR. LEFEBVRE: Second that. CHAIRMAN KAUFMAN: We have a motion and a second. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, John. MR. CONNETTA: Thank you. MS. BUCHILLON: Next case under imposition of fines, No. 7, CELU20180014859, Lynda M. Mayor. MS. GUY: Good morning. (The speaker was duly sworn and indicated in the affirmative.) May 23, 2019 Page 73 MS. GUY: Paula Guy, Collier County Code Enforcement. Imposition of fines today for Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Location is 1276 Dove Street -- Dove Tree Street, I stand corrected, Naples, Florida; Folio 304160002. The description is the storage of a school bus, tents, unpermitted accessory structures, junk, trash, and debris, on an unimproved vacant parcel zoned agricultural. Past order: On March 28th, 2019, the Code Enforcement Board issued a findings of fact, a 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, OR5618, Page 1660, for more information. The violation has not been abated as of May 23rd, 2019. Fines and costs to date are as follows: The fines have accrued at a rate of $200 per day for the period from April 12th, 2019, to May 23rd, 2019, 42 days, for a total fine amount of $8,400. Fines continue to accrue. Previously assessed operational costs of 59.77 have not been paid. Operational costs for today's hearing are $59.35. The total amount of imposition would be $8,519.12. MR. LEFEBVRE: Have you had any contact? MS. GUY: Absolutely no communication from the owner whatsoever. The school bus is still there. They've moved it to the back side of the parcel where it can still be seen. CHAIRMAN KAUFMAN: I thought that -- MS. GUY: Public roadway. CHAIRMAN KAUFMAN: -- what I recall hearing this case, that there was actually somebody living in there. May 23, 2019 Page 74 MS. GUY: That would be correct. I could hear a generator if I go early morning. By the afternoon, the generator's off. MS. CURLEY: Will you remind us what part of Collier County this is located? I can't figure it out. MS. GUY: This is located in the Estates. It's zoned agricultural, and it's a vacant parcel. It actually used to have a residence on it, which was -- had fines, and it was demoed. So now it's considered unimproved. It sits in between two improved parcels in the agricultural zoned. CHAIRMAN KAUFMAN: This was initiated by a complaint from a neighbor, as I recall. MS. GUY: That is correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Make a motion a violation exists -- or wait. CHAIRMAN KAUFMAN: We did that last time. This time -- MR. LEFEBVRE: Impose. CHAIRMAN KAUFMAN: -- to impose it. MS. CURLEY: But it's still there. MR. LEFEBVRE: We've got to impose the fine. We already heard the case. CHAIRMAN KAUFMAN: Fines will continue. MS. CURLEY: So fines continue? MR. LEFEBVRE: I make a motion that we impose the fines. MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. May 23, 2019 Page 75 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GUY: Thank you. CHAIRMAN KAUFMAN: And that brings us to? MS. BUCHILLON: Last item on the agenda, under motion to amend previously issued order. CHAIRMAN KAUFMAN: Let me get there. MR. LEFEBVRE: This is the duplex that we just heard. CHAIRMAN KAUFMAN: Okay. And what needs to be amended? Is this a scrivener's error? MS. BUCHILLON: Yes, it was a scrivener's error. CHAIRMAN KAUFMAN: Anybody like to make a motion to -- MR. LEFEBVRE: What was the error? MS. CURLEY: Yeah. MS. BUCHILLON: The rate per day was wrong. CHAIRMAN KAUFMAN: I remember that when it was read into the record. MR. LEFEBVRE: What was the rate per day? MS. BUCHILLON: It was 200 before, and it should be 100. MS. CURLEY: And that's a -- was on today's paperwork, right? MS. BUCHILLON: Yes. MS. CURLEY: I make a motion to accept the amended motion of the previously issued order. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. WHITE: Second. May 23, 2019 Page 76 CHAIRMAN KAUFMAN: And a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And we are done. CHAIRMAN KAUFMAN: We're not going to have the Nuisance Abatement Board? MS. BUCHILLON: (Shakes head.) CHAIRMAN KAUFMAN: Okay. We are adjourned. ***** There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:20 a.m. May 23, 2019 CODE ENFORCEMENT BOARD riVil rA .416, few-lk Re RT (air' AN, CHAIRMAN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 77