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CEB Minutes 06/27/2019June 27, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, June 27, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Sue Curley Kathleen Elrod Gerald J. Lefebvre Herminio Ortega Ryan White Chloe Bowman Ronald Doino (absent) ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Jed R. Schneck, Attorney to the Board June 27, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless 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 proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. So we all stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: I'd like to welcome our newest member, Chloe Bowman, to the Board. She will be -- MS. BOWMAN: Thank you. CHAIRMAN KAUFMAN: -- a full voting member this morning. You want to call the attendance now. MR. GONZALEZ: Yes. Mr. Kaufman? CHAIRMAN KAUFMAN: Here. MS. GONZALEZ: Mr. Lefebvre? MR. LEFEBVRE: Here. MS. GONZALEZ: Ms. Elrod? MS. ELROD: Here. MS. GONZALEZ: Mr. Ronald Doino is excused today. Mr. White? June 27, 2019 Page 3 MR. WHITE: Here. MS. GONZALEZ: Ms. Curley? MS. CURLEY: Here. MS. GONZALEZ: Mr. Ortega? MR. ORTEGA: Here. MS. GONZALEZ: And, Ms. Bowman. MS. BOWMAN: Here. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Now, as I say every month, I'm sure we all stayed up late last night reading the minutes. So does anybody have any changes in the minutes? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll take a motion to accept the minutes. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, we might have a change or two -- MS. GONZALEZ: Yes. We'll move on to the changes. CHAIRMAN KAUFMAN: -- in the agenda. June 27, 2019 Page 4 MS. GONZALEZ: The following cases have been withdrawn: Case -- Item No. 3, Case CEOCC20170019491, Heritage Property Holdings, and also Item No. 4 for Heritage Property Holdings, Case CELU20170019885. The owners are out of town. The next case withdrawn is Item No. 5, Case CESD20180014340; withdrawn due to compliance. Item No. 10, Case CEPM201900001462 (sic) is withdrawn per Manager Jeff Letourneau. Item 13, Case CESD20180006259 is withdrawn. The spot survey was ordered for the permit on the property. Item 14, Case CEPM20180011894. It's withdrawn due to the boarding certificate has been issued. Item 17, Case CESD20180015979. They are working towards compliance. Case -- Item 18, Case CESD20190001433. It's withdrawn due to voluntary compliance. Item 19, Case CEPM20180012260, withdrawn due to safeguards and compliance efforts. Under imposition of fines, Item No. 3, Case CESD20170016916 is withdrawn due to working towards compliance. Item No. 5 under imposition, Case CESD20160015155 is withdrawn due to an active permit. Item No. 6, Case CENA20180009846 is withdrawn. They're in compliance by the due date. Those are the withdrawals. We have one additional case that was added to the agenda under motion for extension of time. It is Case CEAU20180009226. Property address is 15985 Janes Scenic Drive, Copeland, Florida. And we have one stipulation. CHAIRMAN KAUFMAN: Before you go on, you're adding that? June 27, 2019 Page 5 MS. GONZALEZ: Yes. CHAIRMAN KAUFMAN: Do you want to give it a case number? And then they're requesting an extension of time; is that correct? MS. GONZALEZ: Correct. And you should have paperwork at your -- MS. CURLEY: It's right here. CHAIRMAN KAUFMAN: No, I see that. On the agenda that we have in front of us, the last case that we had under the hearings was 19, I believe -- no, 20. So this would be 21 then? MS. GONZALEZ: Well, it's added under -- since it's a motion for extension of time, it's added under, A, motions, Item No. 3. MS. CURLEY: Continuance. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: Under extension of time. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: And we have one stipulation, Item No. 7 under hearings. It's Case CESD20180008773. Property address, 13598 Legacy Lane. We can start with the stipulation. CHAIRMAN KAUFMAN: Stipulation -- is that another stipulation, while we're here? MS. GONZALEZ: And one more stipulation. This is Item No. 15 under the hearings, Case CELU20190001235. Property, 12730 Tamiami Trail East. MS. CURLEY: What are we doing with that case? MS. GONZALEZ: This is a stipulation. (Mr. Schneck is now present in the boardroom.) CHAIRMAN KAUFMAN: That's a stipulation. Ned, you were late, so you have to stay after and clap the erasers. June 27, 2019 Page 6 Okay. Get a motion from the Board to accept the changes in the agenda. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: Thank you. We're going to hear Item No. 8 under imposition of fines, Case CESD20180003319, Specialty Merchant Lending, LLC. Property address, 342 Cromwell Court. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. I assume that you're going to pass the buck to the gentleman to my right so he can request something. MR. SHORT: Yes, sir. MR. ELLER: Honorable Mr. Chairman and honorable members of the Board, my name is Craig Eller, and I represent the respondent in this case, Specialty Merchant Lending. Specialty Merchant Lending was the original lender to the borrower or owner in this particular case. Because we were dealing with a gated community and we had no ownership interest in the June 27, 2019 Page 7 property, we had no control over the actions of our borrower and, essentially, could do nothing about the problems that existed with the property. We filed a foreclosure action which I was involved in, and as soon as we had access, we corrected the issues on the property that we became aware of. And I believe the county has confirmed that all issues have been resolved, and there's nothing pe nding. We became the owner of the property thereafter upon the completion of the foreclosure and the issuance of a certificate of title by the Clerk of Court. Specialty Merchant Lending is an innocent lender, and we believe it would be unfair under these circumstances to impose fines upon an entity that took action in relation to the issues as soon as it was legally capable of doing so through the actions of the Court. And what we are asking the Board this morning is that the county's motion to impose fines under these circumstances be denied. And it's my understanding in our conversations with staff that they have no issue with that particular result. Thank you. CHAIRMAN KAUFMAN: Okay. MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. The county has no objection to the request. CHAIRMAN KAUFMAN: Okay. Commends from the Board or a motion from the Board? MR. ORTEGA: I make a motion to accept. CHAIRMAN KAUFMAN: You make a motion to deny the county's ability to -- MR. ORTEGA: Yes -- MS. ELROD: Second. MR. ORTEGA: -- I do. CHAIRMAN KAUFMAN: And we have a second on that. June 27, 2019 Page 8 Terri will fill in the blanks. Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. ELLER: Thank you very much, Mr. Chairman. Thank you, Board. CHAIRMAN KAUFMAN: The only problem is he called me honorable, and -- MR. ELLER: I'm used to appearing before judges. I can't help it. MR. LEFEBVRE: You don't know him. CHAIRMAN KAUFMAN: You don't know me though. MR. LEFEBVRE: Is there a password to get on? Herminio's having a problem. MR. LETOURNEAU: I asked Troy to come in here. MR. ORTEGA: Is that the password, secret? We're going to hear the stipulations first? CHAIRMAN KAUFMAN: Okay. Are we going to hear the stipulations first? MS. GONZALEZ: We have one more change as of right now. June 27, 2019 Page 9 It's Item No. 9 under hearings. Case CESD20180010822. This is withdrawn per the director. CHAIRMAN KAUFMAN: Okay. Can I get a motion to accept the change in the agenda? MR. LEFEBVRE: What's it going to be? CHAIRMAN KAUFMAN: Withdrawn, No. 9. MS. ELROD: Motion to accept. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. The agenda has been modified. MS. GONZALEZ: Thank you. CHAIRMAN KAUFMAN: Okay. MS. GONZALEZ: Our first stipulation is Item No. 7 under hearings, Case CESD20180008773. Property address, 13598 Legacy Lane. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Just, Elena, we're going to hear the stipulations before we hear the motion for continuances? MS. GONZALEZ: Actually, I apologize. We'll hear this one since we've called it, but we'll go back to the continuance. June 27, 2019 Page 10 CHAIRMAN KAUFMAN: Okay. Okay. This is Case No. 7. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: Good morning. MR. MUCHA: For the record, Joe Mucha, Collier County Code Enforcement. This is in reference to Case No. CESD20180008773. Met with the property owner this morning, Ms. Archange. We agreed: She's going to pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days and to abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the interior remodeling to the unit within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to property owner. CHAIRMAN KAUFMAN: Okay. To begin with, I would like to have the record reflect that the respondent is not present. MR. MUCHA: Yes. She was here, and she left. CHAIRMAN KAUFMAN: Okay. Also, not just for this case, but all the other cases where we're using the viewer there, I don't think there's anybody here who can read it. It's too small. MS. CURLEY: Can you zoom up on it, Elena? CHAIRMAN KAUFMAN: Okay. I can almost read it. MS. CURLEY: A little more. Thank you. June 27, 2019 Page 11 CHAIRMAN KAUFMAN: Okay. We have a stipulation. Anybody like to make a motion or a comment on the motion -- a comment on the stipulation? MR. LEFEBVRE: Make a motion to accept the stipulated agreement with the operational costs being paid within 30 days. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any discussion on that? Go ahead. MS. CURLEY: Well, I mean, I'm just looking at -- the violation was noticed almost a year ago. CHAIRMAN KAUFMAN: Uh-huh. MS. CURLEY: Can you just tell me, Joe, what's going on there? Why has it taken her a year to -- MR. MUCHA: There was some confusion about the permit, and there was some modifications that needed to be done to the permit that was originally submitted. We've been working with the contractor, which is Habitat for Humanity, and -- MS. CURLEY: Okay. MR. MUCHA: -- so they basically came up with that 60 days that they can rectify this. MS. CURLEY: All right. Thanks. CHAIRMAN KAUFMAN: Okay. We have a motion. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. June 27, 2019 Page 12 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUSSE: Thank you. MS. GONZALEZ: Now we go back to -- we're going to Item 1 under motion for continuance. Case CESD20180006242, Napoli Property Holdings Company LLC. Property address, 5644 Tavilla Circle, Unit 207. (The speakers were duly sworn and indicated in the affirmative.) MS. PAUL: Hi. I'm Lisa Paul with Cushman & Wakefield Commercial Property representing the owner, JBM Investments. CHAIRMAN KAUFMAN: Okay. And you're requesting a continuance for any particular reason? MS. PAUL: Well, as he will explain -- MR. SHORT: Mr. Chair, maybe I can clarify a little better. MS. PAUL: No, yes. Yes, no. MR. SHORT: So basically the original order was to be in compliance by sometime in May. The respondents proactively asked for a continuance before today's hearing thinking they wouldn't finish the project. They are in compliance as of June 21st. What we would ask is that the Board continue that -- or extend that compliance date till today, and we can close this case this afternoon. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion to that effect? MS. ELROD: I'll make that motion. CHAIRMAN KAUFMAN: What was the date in May? Okay. One second. When was the -- MS. PAUL: Twenty-ninth, I believe. CHAIRMAN KAUFMAN: Twenty-ninth, okay. So less than a June 27, 2019 Page 13 month. Okay. MS. CURLEY: So you're -- so how are you related to Regis Construction? MS. PAUL: I'm the manager of the property, so I'm here representing all parties. Regis Construction was our contractor to finish what was unpermitted work. MS. CURLEY: Yes. So who hired the unpermitted people; do we know? MS. PAUL: The owner of the property. MS. CURLEY: I see. MS. ELROD: I'll make a motion that we extend to today. MS. BOWMAN: By the tenant. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Chloe, you mentioned that the -- MS. BOWMAN: Well, it says that the work was hired by the tenant, not the owner. It sounds like he's doing what he needs to do to get that closed out today. Continue it to the next -- MS. PAUL: Yeah, commercial office building. CHAIRMAN KAUFMAN: The motion was to continue this -- MS. PAUL: For that gap. CHAIRMAN KAUFMAN: -- today, and then the county will take care of this case since it meets compliance as of today, rather than the date in May. Okay. MR. SHORT: Yes. The property was in compliance June 21st. CHAIRMAN KAUFMAN: It was, okay. MR. SHORT: Yes. Previous operational costs have been paid. June 27, 2019 Page 14 CHAIRMAN KAUFMAN: Okay. So we have the motion. We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And now, Eric, you disappear, right? MR. SHORT: Yes. For now. MS. PAUL: Thank you very much. MS. GONZALEZ: Next case is a motion for extension of time, Item No. 2, Case CEPM20180000456, John Albarracin at property address 4480 Beechwood Lake Drive. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. You're requesting an extension of time on this? MR. ALBARRACIN: Yes, I do. Yes, I do. CHAIRMAN KAUFMAN: Okay. And for what reason? MR. ALBARRACIN: Well, because of the hurricane, I hired a company to do my pool cage and, basically, I hired this company last year, and that company, which is -- CHAIRMAN KAUFMAN: Let me stop you for a second. We're asking this to find out why you want to have an extension. If you have an extension, we're not going to hear the case now. If we don't grant an extension, we will hear the case today. So what's the June 27, 2019 Page 15 reason that you're asking for the extension? Some time frame or whatever? MR. ALBARRACIN: Well, because the company that -- it was going to do the project, it's been more than a year working on the paperwork and plans and permits, and -- which the permits and the plans they were not approved by the county. And I hired a new company since June -- I mean at the beginning of this year. CHAIRMAN KAUFMAN: April? MR. ALBARRACIN: April, yes. And this company already have permits, and they already have the plans approved. And now, basically, they are ready to go. But the company that I hired, that it was the roofing company, they did my roof last year, but they did a poor job. CHAIRMAN KAUFMAN: Let me stop you. You're asking for an extension? MR. ALBARRACIN: Yes, I do. CHAIRMAN KAUFMAN: How much time do you need an extension? MR. ALBARRACIN: Well, at least 90 days because my roof, the support beam is all rotten, and some of the parts that goes around the pool cage that support the pool -- on the pool cage that is going to be secured in there, and now all that needs to be replaced. CHAIRMAN KAUFMAN: So if I understand properly, you're saying that you need an extension of time because the work that you originally contracted for a year ago, more than a year ago, was never done, so you hired somebody else to do the work? MR. ALBARRACIN: Yes. CHAIRMAN KAUFMAN: And they're working on it? MR. ALBARRACIN: Yes. CHAIRMAN KAUFMAN: Is that a good summary of -- MR. ALBARRACIN: Yes. June 27, 2019 Page 16 CHAIRMAN KAUFMAN: Okay. I understand that. Now, questions from the Board? MR. ORTEGA: Is the screen damaged to the extent that it compromises life safety? MR. MUCHA: The cage is gone. I mean -- MR. ORTEGA: Is there any protection? MR. MUCHA: There's a safety barrier around the pool now, just a temporary one. He's got an issued permit, as he stated. Permit's valid till December 11th of this year. I think the work's going to be forthcoming. He just needs some more time. His compliance date was April 29th, so that's why he needs more time. CHAIRMAN KAUFMAN: Okay. So we're going to decide whether -- is we grant an extension or not. MR. LEFEBVRE: Extension or a continuance? CHAIRMAN KAUFMAN: Continuance. I'm sorry. Any comment on whether we should grant a continuance? MR. LEFEBVRE: I make a motion that we grant a 90 -day continuance. MR. ORTEGA: I second that motion. CHAIRMAN KAUFMAN: We have a motion and a second to grant the continuance. MS. CURLEY: I have a comment. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I was thinking maybe extend it an extra 30 just -- MR. LEFEBVRE: One hundred twenty? MS. CURLEY: Yes. MR. LEFEBVRE: Okay. I'll amend my motion to 120 days, continuance. CHAIRMAN KAUFMAN: The second -- you amend it also, your second? June 27, 2019 Page 17 MR. ORTEGA: I'll amend it to 120 days as well. CHAIRMAN KAUFMAN: Okay. We have a motion and a second to grant an extension. The difference between the two is when you miss the date, the fines continue to accrue. An extension, the clock starts in the beginning. So yours was for -- MR. LEFEBVRE: A continuance. CHAIRMAN KAUFMAN: -- a continuance. So that means the fines will continue to accrue. Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have your continuance. So hopefully you'll get everything done by that date. We gave you 120 days. MR. ALBARRACIN: Okay, sir. CHAIRMAN KAUFMAN: Okay. MR. ALBARRACIN: Okay. Thank you. CHAIRMAN KAUFMAN: Okay. And you know that when this gets done, you have to notify Code Enforcement that it's done so that they can resolve the order? MR. ALBARRACIN: Oh. Yes, I will. CHAIRMAN KAUFMAN: Okay. MR. ALBARRACIN: Uh-huh. Okay, sir. Thank you. CHAIRMAN KAUFMAN: Thank you. June 27, 2019 Page 18 MS. GONZALEZ: Our next case is Item No. 3 under motion for extension of time, Case No. CEAU20180009226. Property address, 15985 Janes Scenic Drive. Ms. Tina Hickcok is here on behalf of her mom. CHAIRMAN KAUFMAN: Okay. Give us a second to read the letter. MS. GONZALEZ: You have a copy of that. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. As I recall this case had to do with barbed wire more than anything else? MS. HICKOK: Yes. CHAIRMAN KAUFMAN: Is that correct? MR. MUCHA: Strictly about barbed wire. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: When did we hear this case? MR. MUCHA: It was about four months ago. CHAIRMAN KAUFMAN: Yeah. I'd say about four months ago. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. So why don't you begin by telling us why you're requesting -- I read your letter. MS. HICKOK: Yes, sir. My intentions were to -- and I don't have a problem with taking it down. But some life-changing things have incurred in the past couple of months, and I just need some time and trying to get a permit and to replace the barbed wire. My mom -- it's very hard to get my mom anywhere. She's been hospitalized several times, and in March there was a very, very -- situation that I'd rather not discuss in here to where my husband was not financially able to help me get this done. I just need some time to get it done. CHAIRMAN KAUFMAN: How much time do you need? June 27, 2019 Page 19 MS. HICKOK: A couple of months, because I'm the only one working right now. My husband's not with me. CHAIRMAN KAUFMAN: Sixty days, 90 days? MS. HICKOK: Ninety days maybe. CHAIRMAN KAUFMAN: Okay. Does the county have any problem with that? MR. MUCHA: No objection. CHAIRMAN KAUFMAN: Any comments from the Board? MR. LEFEBVRE: I make a motion to grant a 90-day continuance. MS. CURLEY: I second. CHAIRMAN KAUFMAN: We have a motion and a second. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. HICKOK: Thank you. MR. LEFEBVRE: Good luck. MS. GONZALEZ: Next case is Item No. 2 under hearings, Case CEPM20190000168, A.W. Becker. CHAIRMAN KAUFMAN: Let me -- do we have a stipulation on Case No. 15? June 27, 2019 Page 20 MS. GONZALEZ: Oh, yes. I apologize. Item No. 15 under hearings, Case CELU20190001235, Lowe's Home Center Inc. at 12730 Tamiami Trail East. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And you represent Lowe's? MR. DICKERSON: Yes, sir. Good morning. Duane Dickerson on behalf of Lowe's, the owner and the respondent. CHAIRMAN KAUFMAN: Okay. Jonathan, y ou want to read the stipulation into the record. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. It is agreed between the parties that the respondent shall: Pay the operational costs in the amount of $60.05 incurred in the prosecution of this case within 30 days of this hearing, and abate all violations by removing all unauthorized materials from this property obtained -- oh. Removing all unauthorized materials from the property -- I would have to revamp this unless it makes sense to Mr. Dickerson. CHAIRMAN KAUFMAN: Some typos? MR. MUSSE: Typos, yes. MR. LETOURNEAU: Is that supposed to be "or obtain a site plan approved by the county within 30 days"? MR. MUSSE: Correct. MR. LETOURNEAU: Scrivener's error. CHAIRMAN KAUFMAN: Scrivener's error. MR. MUSSE: Within 30 days of this hearing, or a fine of $100 per day will be imposed until the violation's abated. Respondent must notify the Code Enforcement investigator within 24 hours of abatement of the violation and request the investigator to perform a site inspection to confirm compliance. That is if the respondent fails to abate the violation, the county June 27, 2019 Page 21 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 briefly describe the violation. MR. MUSSE: It's outside storage of materials and goods from the Lowe's -- CHAIRMAN KAUFMAN: Okay. MR. MUSSE: -- store. CHAIRMAN KAUFMAN: And it's outside storage on their property? MR. MUSSE: Correct. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: This is -- is this a complaint from a residence? MR. MUSSE: Yes, ma'am. CHAIRMAN KAUFMAN: Okay. You mentioned a site change from the county. MR. MUSSE: It's an option that they could amend the site plan to include a storage area on the property if they choose to. CHAIRMAN KAUFMAN: And that site plan, how much time would they be given to get that; 30 days? MR. MUSSE: Thirty days. According to Mr. Dickerson, that's not the direction they're going to go. They're opting to remove everything, but a site plan would take more than 30 days. CHAIRMAN KAUFMAN: That's for sure. Okay. All right. MR. DICKERSON: Mr. Chairman, if I may. CHAIRMAN KAUFMAN: You've heard the stipulation. MR. DICKERSON: Yes, sir. CHAIRMAN KAUFMAN: Do you agree with that? MR. DICKERSON: Yes, sir. I do want to state for the record June 27, 2019 Page 22 though, as you stated, there's no way we can get a site plan approval within 30 days. So the plan now -- and since this was originally set for violation, we've had substantial improvement on the property. I believe the code officer will agree with that. And it's my understanding in his communications with the complainant that she's happy with the improvements of the property. So what we're planning to do within the next 30 days is to finalize. I believe we're 90 percent complete, and so another 10 or so percent of just cleaning up some things. We think we can do that within 30 days. If it does become an issue operationally with the ability to actually store, then what we would do is ask for an amendment to the site plan to allow for an additional storage area. Of course, that would require all the buffering and the screening that's -- that the county would make us do during the site plan process to make sure it's done properly. If we do that and that's the course we choose to take, I'll be back before you, if you don't mind, within that 30-day period asking for additional time to go get the site plan amendment. But for now, within the 30 days we would like to clean the site completely. CHAIRMAN KAUFMAN: Okay. Comments from the Board? MR. ORTEGA: You made a statement with regards to 30 days to clean 95 percent or 90 percent? MR. DICKERSON: No. I said, as it stands today we're about 90-plus percent clean. So the 30 days would give us the opportunity to do the remaining 10 or so percent. MR. ORTEGA: Okay. MR. DICKERSON: Thank you. CHAIRMAN KAUFMAN: Gerald? MR. LEFEBVRE: Within the 30 days you're stating that you'll have the other percentage completed. So at that point the violation would be abated. Unless Lowe's were to go out and use that space June 27, 2019 Page 23 again, then there would be another violation. So you wouldn't have to come back in front of us. MR. DICKERSON: You're correct. So at the -- within that 30-day period, we will call the officer, ask for an inspection, and if it's totally complied, he will comply the case, and it will be closed. MR. LEFEBVRE: Right. MR. DICKERSON: But, obviously, as a home improvement center, we need to make sure that we have enough material to support the demand. So if it comes down to cleaning it totally means that we're not able to meet the demands that we have with the materials, then it might be a business decision to request a site plan amendment so that we can store the proper amount of materials on site but do it properly with the screening and everything else. MR. LEFEBVRE: Right. MR. DICKERSON: So you're right. The case will be closed, but we don't want to be in a position where a few months later we're back at this again. If we don't have the room to store properly now and we need to store more, then it might be a good -- a decision on our part to ask for more storage through the site plan amendment process. MR. LEFEBVRE: Correct. But you wouldn't come back in front of us because the case would be closed. If you were to store stuff there once again, there would be another case opened up. I just want to be clear. MR. DICKERSON: Yes, that's the case. So it's to your point, if -- for some reason some unforeseen circumstance makes it not possible to do the remaining cleanup within the 30 days, then you would see me again. But, otherwise, you're right. We'll have it cleaned, it will be closed, and then hopefully we can go through this process and, you know, obviously not store during that time until we get the proper approvals. June 27, 2019 Page 24 CHAIRMAN KAUFMAN: So where are right now is we approve the stipulation, and that's that. Should it come back again, that would be a second violation with a citation and all the little goodies that go with that, so... MS. CURLEY: Right. So I have a comment as well. I mean, it can be cleaned up 90 percent and 100 percent, you know, in less than 30 days. But this backdoor neighbor who lives in a really nice neighborhood shouldn't have to be babysitting the management of that store. MR. DICKERSON: Sure. MS. CURLEY: The repeat offense is not going to be acceptable. It's unfair that she has to watch how that building's being managed, and I'm sure it's frustrating for her. She expects to live a nice, peaceful life. MR. DICKERSON: Sure. MS. CURLEY: And I hope that's the way that you're training your management there. MR. DICKERSON: Sure. A couple things I'll say: We have some of our Lowe's representatives from the store that are actually there on a daily basis that are here, so they understand what the requirements are. Also, in -- I would like to form a communication directly with the complainant so that if there are things that come up -- because, unfortunately, you know, this is a living, breathing organism with the store and how deliveries come. There has to be some reasonableness. When a truck comes to drop off pallets, I don't think it's reasonable to say within an hour that truck is clean, the pallets are gone, and everything's finished, but I do think usually within 24 to 48 period of time it is reasonable to say that truck and the pallets be moved inside and taken care of. So I think with more communication directly with the June 27, 2019 Page 25 complainant and understanding our operational requirements and making sure we're being sensitive to their, you know, aesthetics and their quality of life we can probably prevent future issues with her. But there has to be some level of reasonableness, of course, with how a commercial business like this operates. But your point is well taken. And so what I'm going to do is establish a direct line of communication, if the complainant will allow, with her so she understands how things are going, and she can call us directly if there's something that comes up, and we can take care of it. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: One last thing. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: One last thing. Can you make the changes on this to correct the errors -- CHAIRMAN KAUFMAN: The scrivener's errors. MR. LEFEBVRE: -- the scrivener's errors and have him initial, if he has the authority to initial that way, so it's very clear what's going to be done? MR. MUSSE: Okay. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the stipulation as written, and we have a second. All those in favor? MR. DICKERSON: Mr. Chair, I apologize. Just as written with the changes, correct? CHAIRMAN KAUFMAN: Yeah, as written. They'll make that change. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. June 27, 2019 Page 26 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. DICKERSON: Thank you, sir. Have a good day. Thank you. MS. GONZALEZ: Under hearings, we're going to Case No. 1, Case CEV20190000169, Mr. Becker. The address is 9 Topaz Lane. Mr. Becker also has another case which is Item No. 2, Case CEPM20190000168, at the same property address. (The speakers were duly sworn and indicated in the affirmative.) MR. BECKER: Good morning. CHAIRMAN KAUFMAN: We're going to hear these separately. MS. GONZALEZ: Correct. CHAIRMAN KAUFMAN: Okay. Okay. MR. BECKER: 169 first? CHAIRMAN KAUFMAN: We're going to hear the case with the van first. Okay. MS. GIGUERE: Good morning. For the record, Vicki Giguere, Collier County Code Enforcement. This is in reference to Case No. CEV20190000169 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95; a van in driveway with expired license plate tag located at 9 Topaz Lane, Naples, Florida, 34112; Folio 31142503081. Service was given on January 28th, 2019. I would like to now present case evidence in the following June 27, 2019 Page 27 exhibits: Two photos taken on January 7th, 2019, by myself. CHAIRMAN KAUFMAN: And? MS. GIGUERE: Keep going? CHAIRMAN KAUFMAN: Yeah. Keep on. And we're going to have to vote on it, et cetera. MS. GIGUERE: That's it. Just the two photos. CHAIRMAN KAUFMAN: Just the two photos? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Both taken in January? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. BECKER: No, sir. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept the exhibits. MR. LEFEBVRE: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) June 27, 2019 Page 28 CHAIRMAN KAUFMAN: It carries unanimously. Okay. MS. GIGUERE: Okay. This complaint came in from the homeowners' association in the community. I made a site visit on January 7th, 2019, and observed a van in the driveway with a license plate that expired in September of 2017. I issued the notice of violation on January 28th, 2019. On March 4th, 2019, I made a site visit and observed the van now had a for-sale sign on it, and I also received a call from the property owner's son, Karl Becker. We stayed in communication, and towards the end of March, Mr. Becker explained that his father, who is elderly and ill, asked for more time to be able to get rid of the vehicle. He spoke with Supervisor Mucha at that time and was granted more time; however, as of June 26th, 2019, the violation remains. CHAIRMAN KAUFMAN: Okay. You're up. MR. BECKER: Okay. Basically, what I'm looking for today is getting about 60 days to get rid of the vehicle off the property. That's it. CHAIRMAN KAUFMAN: Okay. Well, getting rid of a vehicle you can probably accomplish in one hour by -- MR. BECKER: Yes. CHAIRMAN KAUFMAN: If it has no plates, you're going to have to tow it. MR. BECKER: I just have to get a title for it. My father is living up in Williston right now -- permanently now with my brother, and he's no longer able to do anything with it. He's 97 years old. He does not remember most things. So I'm going to have to get a power of attorney to take care of some of the stuff. The county told me that what I had for records is not sufficient, so they have to create another title for it. When I looked through his documents in the house, that we're June 27, 2019 Page 29 going to talk about next, I could not find any of the records, and what I could find was damaged. So I do need a little additional time to facilitate that. If it's a matter of getting a -- CHAIRMAN KAUFMAN: Do you have a place to put it? MR. BECKER: I don't, because it can't be driven. It will have to be towed no matter where it goes. CHAIRMAN KAUFMAN: Right. MR. BECKER: Because -- and so there's no insurance on it either. So at the very least, if I can get a company that will buy it for, you know, a hundred bucks, two hundred bucks, whatever the case is, that will be the last resort, if you will. MS. CURLEY: So you said you found the title, but it was damaged? MR. BECKER: What I found -- when I talked to the lady in the East Naples Tax Collectors, she said it wasn't enough. I'd have to get power of attorney to get something else, but it could be taken care of. If I found a buyer, we just both go in there, and she says she can take care of it. But I don't know what the things are for that. CHAIRMAN KAUFMAN: It's not a case of the title. It's a case of removing the vehicle from the driveway. MR. BECKER: Right. So I'd like -- CHAIRMAN KAUFMAN: I don't think you need a title to have it towed someplace. MR. BECKER: No. Only if I were to sell it, I guess. CHAIRMAN KAUFMAN: Okay. That's the different -- that's up to you. That has nothing to do with this. MR. BECKER: Right. CHAIRMAN KAUFMAN: And my point on this is your problem probably, number one, is where do you put it if you take it off your property. June 27, 2019 Page 30 MR. BECKER: Right. That would be one thing, yes. CHAIRMAN KAUFMAN: That, to me, would be the concern. MS. CURLEY: You could just renew the tag. It's only $55. MR. BECKER: Okay. MS. BOWMAN: That would probably be less expensive than towing it or -- MS. CURLEY: On behalf of your dad. MR. BECKER: It can. CHAIRMAN KAUFMAN: Let me -- do you have a suggestion for us? MS. GIGUERE: So the recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicle within a completely enclosed structure and/or repair defects so vehicle is immediately operable, or remove offending vehicle from residentially zoned area within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; and, Two, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So we need to come up with a dollar amount and the amount of days. So, for instance, just as an example, if we granted 30 days or a $50-a-day fine, what Sue said June 27, 2019 Page 31 was true, it's cheaper to redo the registration than it is to pass the due date. MR. BECKER: Okay. CHAIRMAN KAUFMAN: And it also solves your problem of where do I put it. You just leave it there. MR. BECKER: It could stay. CHAIRMAN KAUFMAN: Okay. So that's probably -- if it was me, that would be the easiest thing, unless you have someplace to put it right now. Then you can have it taken away . Comments from the Board. MR. LEFEBVRE: We've got to make a motion that there's actually a violation. CHAIRMAN KAUFMAN: Yes. MS. CURLEY: I make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now... MS. CURLEY: Okay. So I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Number one, 30 days or a fine of $50 per day. June 27, 2019 Page 32 CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. BOWMAN: Second. MS. ELROD: I'll second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So that takes care of the first case. MR. BECKER: Okay. CHAIRMAN KAUFMAN: Okay. Let's see. I just sold my T-bird. I have room for it. Okay. The next case? MS. GONZALEZ: Yes. The next case is CEPM20190000168. CHAIRMAN KAUFMAN: Okay. (The speakers were previously duly sworn and indicated in the affirmative.) MS. GIGUERE: Okay. Good morning. Again, for the record, Vicki Giguere, Collier County Code Enforcement. This is in reference to Case No. CEPM20190000168 dealing with violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c), roof/facia damage from Hurricane Irma located at 9 Topaz Lane, Naples, Florida, June 27, 2019 Page 33 34112; Folio 31142503081. Service was given on January 28th, 2019. I would like to now present case evidence in the following exhibits: Two photos taken on January 7th, 2019, by myself. Those are the only two photos. CHAIRMAN KAUFMAN: And the respondent has seen those? MS. GIGUERE: Yes. CHAIRMAN KAUFMAN: Do you have any objection? MR. BECKER: No, sir. CHAIRMAN KAUFMAN: Okay. Have a motion from the Board to accept the pictures? MS. ELROD: 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. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LETOURNEAU: We had to reboot, so the pictures might not be ready in the beginning of this case. But she'll go through her testimony first and bring the pictures up. CHAIRMAN KAUFMAN: Okay. MS. GIGUERE: This complaint also came in from the June 27, 2019 Page 34 homeowners' association on January 7th, 2019. I made a site visit and observed roof -- excuse me -- roof/fascia damage to the mobile home. I issued the notice of violation on January 28th, 2019. On March 4th I made a site visit and observed the damage remained, and that's the same time that I received the call from the property owner's son informing me he received a notice and was asking for more time. Towards the end of March, he called again and explained his father, who was elderly and ill, was out of town, and they were trying to determine the best option for the mobile home, whether it would be to sell it as-is or demolish it. As of June 26th, 2019, the violation remains. CHAIRMAN KAUFMAN: Okay. We can get past the pictures right now. Either that -- is it a greenhouse? MR. LETOURNEAU: I think that's a really close picture right there. CHAIRMAN KAUFMAN: Yeah. So, sir? MR. BECKER: Yes, sir. CHAIRMAN KAUFMAN: Have you decided what you want to do with that? MR. BECKER: I've -- I have a for-sale sign on it. It's my belief that -- because I work carpentry -- that whoever is to buy it would have to do a lot of work to repair it. So I think it's going to have to be a teardown. My father doesn't have the capacity to do any of this, again, so I'm having to take care of it. Unfortunately, I'm in my busy time of the year also, and I don't have a daily ability to do so. So it does need to be taken care of, so... CHAIRMAN KAUFMAN: So you need -- well, I was going to wait for the pictures to come up to find if a violation exists or not. June 27, 2019 Page 35 MS. CURLEY: I have a question. Is it a single-family home, sir? MR. BECKER: Yes, it is. MS. CURLEY: Okay. MR. BECKER: It's a manufactured home. MS. CURLEY: Okay. MR. ORTEGA: It's a mobile home? MR. BECKER: Yes, sir. Mobile home; manufactured. MR. ORTEGA: Is it on wheels? MR. BECKER: No, no. It's -- MR. ORTEGA: On a foundation? MR. BECKER: Yeah, it's on a foundation. CHAIRMAN KAUFMAN: Oh, there it is. MR. BECKER: Yes. MS. CURLEY: Do you have the title to this? MR. BECKER: No. CHAIRMAN KAUFMAN: His father owns it. MR. BECKER: No, I don't. I don't have it. There's a co -op there, and they have shares. I don't know -- CHAIRMAN KAUFMAN: That's for the property. MR. BECKER: Yeah. MS. CURLEY: Shares. CHAIRMAN KAUFMAN: The dirt. The building itself your father owns. MR. BECKER: Uh-huh. CHAIRMAN KAUFMAN: Okay. So first let's see if a violation exists. I'm looking. I don't see where the problem is. Can you point that out on the photos? MS. GIGUERE: Yeah. It would be a long the top edge, the fascia. There used to be a carport there. And right in the front you can see towards the top where the roof is kind of peeling off in June 27, 2019 Page 36 certain places. CHAIRMAN KAUFMAN: Yeah. MR. ORTEGA: Obviously you have water intrusion? MR. BECKER: Inside, yes. MR. ORTEGA: To what extent damage? MR. BECKER: There's some ceiling tiles like this kind that have fallen down. So after the -- I think it was Wilma happened, my father -- this was '80s, he put a roof over on there, and that blew off. So in that blowing off, it took the ducts off the top, the vent stacks, and so it left also holes from that, and then the holes that the company had put in to secure the unit. So those are, like, screw holes and stuff like that. MR. ORTEGA: Would you say the damage exceeds 50 percent of the structure? MR. BECKER: I don't know. I honestly don't know that. I'm sorry. CHAIRMAN KAUFMAN: Well, it appears to me that it's either going to be a teardown, or it's going to be repaired. And, obviously, you need more time to -- if you're going to sell it, to market the property. I think that's probably the stage we're at right now. Do you have a suggestion for us, Vicki? MS. GIGUERE: Yes. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days and abate all violations by: One, must repair/replace the roof and any and all damage to the fascia and obtain any and all required Collier County building permits through 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; Two, the respondent must notify the Code Enforcement June 27, 2019 Page 37 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 as sistance 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. So our main concern right now, whoever wants to fill in the blanks, is how much time we're going to give the respondent to resolve the situation given his situation with his father being elderly and ill and marketing the property. MS. CURLEY: I have -- CHAIRMAN KAUFMAN: Yes, Sue. MS. CURLEY: Number one, can we add the word "demolish"? MS. GIGUERE: Absolutely. MR. LEFEBVRE: Before we start talking about the recommendation, we have to find a violation. MS. CURLEY: I make a motion a violation exists. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. June 27, 2019 Page 38 MS. CURLEY: So if we could add the replace, repair, or demo -- or attain a demolition permit -- MS. GIGUERE: Absolutely. MS. CURLEY: -- within this number of days. MS. GIGUERE: Yes. And I would like to add that if he does go towards that demolition permit aspect, he's going to at least have to have a power of attorney or some sort of legal document saying that he has the authority to do that. So that might take more time to obtain as well. CHAIRMAN KAUFMAN: So the days that are filled in there are the number-one concern. MS. GIGUERE: Correct. MS. CURLEY: Do you have a durable power of attorney on behalf of your father? MR. BECKER: I do not. CHAIRMAN KAUFMAN: We're getting into places we don't need to be. We just grant the time. If he can't meet that time, then he would come back and ask for an extension. Anybody like to take a shot at the days and the fine? MR. ORTEGA: Before we get into that, that was the reason why I asked regarding the 50 percent, because the violation's basically the roof and the fascia, right? CHAIRMAN KAUFMAN: Right. MR. ORTEGA: Whether it's going to be sold or not, that's not this -- CHAIRMAN KAUFMAN: That's correct. That's correct. How much time to resolve that violation is the question. However it's done, whether it's demolished, repaired, or whatever, how much time does the Board want to extend to the respondent? Actually, to the respondent's father. MR. LEFEBVRE: What I don't want to see is giving a long lead June 27, 2019 Page 39 time. He sells it. He has to disclose what this case -- the results of this case, but he sells it, and then that person comes in and says, well, I need more time because I just took ownership to it. That's what I really don't want to see in this particular case. And it's been going on for nearly six months at this point. CHAIRMAN KAUFMAN: Okay. Well, I don't think that is too much of a concern to me because I'm sure, since this is a complaint lodged by the HOA, the HOA has to approve any sale. So that would resolve that situation. MS. CURLEY: I have a question. Is the homeowners' association working with you, or are they fining you also? MR. BECKER: They have not said anything to me at all or to my father by mail or by phone, to the best of my knowledge. I have talked to one -- I talked to the -- MS. CURLEY: That's okay. That's all I wanted to know. MR. BECKER: Okay. MS. CURLEY: I'll fill in the blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: If we amend No. 1 to add the word -- to add "must repair/replace the roof and/or any damage to the fascia and/or obtain a demolition permit," et cetera, I'll fill in the blank with 45 days or $100 per day. MR. BECKER: Um -- I'm sorry. CHAIRMAN KAUFMAN: Hang on one second. Let me comment on the motion. MS. CURLEY: I mean. I sort of agree with what Gerald's saying. CHAIRMAN KAUFMAN: I disagree with him. I think that we need a lot more time than 45 days. MS. CURLEY: Well, the county doesn't, and what if you're the neighbor there? What if there's termites there? And it's gross. June 27, 2019 Page 40 CHAIRMAN KAUFMAN: Those are all what-ifs that are not before us. What is there are the pictures of the fascia and the damage. But how much time do you need to resolve the situation? This is not this gentleman here. It's his father who's not in town. MS. CURLEY: I understand that. CHAIRMAN KAUFMAN: Okay. And the law, as I understand it -- since this is the type of state you can't just go in and take someone's property, liening it is probably a waste of time also; am I correct, Jed? MS. CURLEY: It's titled by the DMV. It's not property. CHAIRMAN KAUFMAN: Oh, no. If it has wheels it is. It's property. MR. SCHNEK: I wouldn't necessarily describe it as a waste of time, but, you know, depending on the circumstances in each individual case, it may be worth pursuing a lien. You know, there's also the financial benefit -- cost benefit analysis that goes into it as well. MS. GIGUERE: If I may add something. If the gentleman here was the actual owner, then the 45 days might work, but considering you have to pull a permit to do any of the repair work or demolish it, that 45-day time frame might be a little shy of compliance efforts. CHAIRMAN KAUFMAN: Do you want to modify the amount of time? MS. CURLEY: No. CHAIRMAN KAUFMAN: Okay. Hold on. So that's your motion? MS. CURLEY: That's my motion. CHAIRMAN KAUFMAN: Do we have a second on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, the motion fails. June 27, 2019 Page 41 Does anybody else want to make a motion? MR. ORTEGA: I'll make a motion to grant 90 days. MR. LEFEBVRE: And what's the fine? MR. ORTEGA: The fine, $100 a day. CHAIRMAN KAUFMAN: Okay. This is like a bidding war. Okay. Any comments on 90 days? MR. LEFEBVRE: I'll second it. CHAIRMAN KAUFMAN: Okay. We have a second. Any comments on the motion that's been seconded? (No response.) CHAIRMAN KAUFMAN: My comment is, knowing the situation, I would go more than 90 days. We give 90 days sometimes to put up a pool fence. MS. CURLEY: We don't manage people's personal affairs though. CHAIRMAN KAUFMAN: I understand that. MS. CURLEY: There's timelines for that. And to prepare an elderly attorney (sic) to assist their family is not our job to expense that. CHAIRMAN KAUFMAN: I understand that. MR. LEFEBVRE: The other thing, this violation has started the end of January -- or was noticed the end of January. MS. CURLEY: Wait. It was noticed after Hurricane Andrew (sic). MS. BOWMAN: Wilma. MS. CURLEY: Wilma. No, Wilma they got the roof. Irma; I'm sorry. CHAIRMAN KAUFMAN: No, it's -- in January -- MS. CURLEY: It's been almost two years. MR. LEFEBVRE: When Code Enforcement got involved. CHAIRMAN KAUFMAN: The violation started in January. June 27, 2019 Page 42 MR. LEFEBVRE: So what I'm trying to get at, I think 90 days is very reasonable considering that this case they were noticed back at the January. MS. ELROD: The elderly gentleman was noticed, not the children, and he's incapable of doing anything. MR. LEFEBVRE: But if -- but he's living with family -- I don't know when this occurred. I don't want to go into great detail with this, but it's been five months. I think that's long enough to get something in motion. The respondent's son came here and stated that he's starting the process. The process was just started because he came to this hearing. So I think 90 days is reasonable. MR. ORTEGA: I mean, we're going into rainy season. If that roof is compromised, you may not have -- you might have to tear it down. MS. BOWMAN: You can tarp it at least. MR. ORTEGA: There's an option right there. Tarp it. MR. BECKER: I did put plastic over it, but it doesn't last. So, I mean -- yeah. It has to be repaired anyway, or demolition. It's just a matter of the time involved of getting it done. Like I said, if I start -- since I work right now, it's not -- I can't just take days off to go and get a lot of this stuff done. So that's where I stand. MR. LEFEBVRE: I call the vote. CHAIRMAN KAUFMAN: Okay. We have a motion that's been seconded. All those in favor of the motion? MS. CURLEY: Aye. MS. BOWMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? June 27, 2019 Page 43 Aye. MS. ELROD: Aye. CHAIRMAN KAUFMAN: So two opposed. It passes. You have 90 days. After 90 days, if you find that that's not working for you, you have the ability to come back before the Board and let us know the progress that your father has made and request more time if necessary. MR. BECKER: Okay, thank you. CHAIRMAN KAUFMAN: Thank you. MS. GONZALEZ: Next case is Item No. 8, Case CESD20180015070, Leonardo Hernandez, at 219 North Seventh Street, Immokalee. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning, everybody. MR. AMBACH: Good morning. CHAIRMAN KAUFMAN: Good morning. Can you state your name on the microphone for us. MR. HERNANDEZ: Rafael Hernandez. CHAIRMAN KAUFMAN: Okay. Do you want to present the county's case? MR. AMBACH: I do, sir. For the record, Chris Ambach, Collier County Code Enforcement supervisor in Immokalee. This is in reference to Case No. CESD20180015070 dealing with violations of the Collier County Land Development Code, Ordinance 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(1)(e)(i). Property's located at 219 North Seventh Street, Immokalee, Florida, 34142; Folio No. 52651400007. Service was given on February 5th, 2019. I would now like to present case evidence in the following exhibits: One photograph dated December 14th, 2018. June 27, 2019 Page 44 CHAIRMAN KAUFMAN: Has the respondent seen the photograph? MR. AMBACH: I have not met -- I believe this is the respondent's son. I'm not sure. CHAIRMAN KAUFMAN: Okay. This is -- you have your father's permission to testify in this case? MR. HERNANDEZ: Yes, sir. CHAIRMAN KAUFMAN: Okay. You may want to move that microphone a little closer. MR. HERNANDEZ: Yes, sir. CHAIRMAN KAUFMAN: Why don't you show the respondent's son the photo that you have. MR. AMBACH: Will do. CHAIRMAN KAUFMAN: Do you have any objection to that photo? MR. HERNANDEZ: No, sir. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photo? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. WHITE: Second. MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. June 27, 2019 Page 45 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. I think sometimes when we use the phrase "mobile home," it confuses things; to me anyhow. If it has wheels, it's mobile. Be hard pushing that. Okay. Go ahead, Chris. MR. AMBACH: On December 7th staff observed the installation of a new roof over a non-permitted addition at 219 North Seventh Street. After speaking with one of the residents on the street, staff stated they were told that the owner does not live at that property. In February staff received a phone call from the property owner's son -- I'm assuming that's Rafael here -- who stated he would forward the county's request for a permit to his father. After several attempts to contact the property owner, what you see here today remains. No permit has been obtained. Originally the complaint came in to me personally in the office about a reroof on the mobile home and the addition. Further research I conducted personally -- the addition that you see in the forefront of that -- of the structure is illegal; it does not have a permit. CHAIRMAN KAUFMAN: Is there electrical and plumbing in that section? MR. AMBACH: We've not been able to get inside. MR. HERNANDEZ: There is not. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So we need to make a motion a violation exists? CHAIRMAN KAUFMAN: Well, let's hear what the respondent has to say first. MS. CURLEY: Okay. June 27, 2019 Page 46 CHAIRMAN KAUFMAN: Okay. Yes, sir. MR. HERNANDEZ: I've spoken with him. I've told him. He's out of state. He asked for more time to fix it. There's people living there. And that's all I have to say. CHAIRMAN KAUFMAN: Okay. Is it -- so it's rented out or -- MR. HERNANDEZ: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Did the tenants do these alterations, or did your father authorize them? MR. HERNANDEZ: After the hurricane from last year, I believe he replaced the roof on it. He had someone do it, and I don't know if they -- they didn't do it right or -- I don't really understand how this works, you know. MS. CURLEY: I just wondered if the people that are renting it from your dad added that extension or -- MR. HERNANDEZ: I don't think they did. MS. CURLEY: Okay. Thank you. MR. AMBACH: The extension appears to have been there for some time. The roof over -- when they lost the roof in the hurricane, it tore the whole thing off, so they just replaced the roof on -- I'm going to call it two structures even though they're attached. But the original structure underneath in the forefront, right there (indicating) was never permitted from Jump Street, so... CHAIRMAN KAUFMAN: Okay. MS. BOWMAN: To be clear, this violation doesn't state anything about unpermitted roof. It just is about -- the violation just states things being in the backyard and, you know, debris, correct? MR. LEFEBVRE: No. Case No. 8. MS. BOWMAN: Oh, I thought we were on this one here. Oh, I'm on the wrong one. I'm sorry. CHAIRMAN KAUFMAN: That's okay. June 27, 2019 Page 47 MS. BOWMAN: Oh, I was looking at this one. CHAIRMAN KAUFMAN: What gets confusing a little bit here, we don't have the respondent. We have the respondent's son. If this was something that was added years ago and then the respondent purchased it, they could probably do something with an affidavit. If the actual work -- and Herminio will slap me if I get this wrong. If the actual work was done by the respondent, then they have to go through the full permitting process. So just a note to say. Now, does a violation exist, I'll ask the Board? Does someone make a motion to that effect? MS. CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. LEFEBVRE: I have a question. Could you tell from GIS when this was -- addition was built? MR. AMBACH: Hold on one second. MR. LEFEBVRE: Because he's owned the property, it looks June 27, 2019 Page 48 like, since '98. MS. CURLEY: Ninety-eight, yeah. MR. LEFEBVRE: Just curious. A lot of times an investigator will do that and show a definitive time when it was added. MR. HERNANDEZ: That's a porch. It's always been there. I think what they did is they put plywood on the side of the porch. And half of it was plywood; the other half was screen. CHAIRMAN KAUFMAN: So it was done in the last couple of years? MR. HERNANDEZ: I think all that happened after the hurricane. CHAIRMAN KAUFMAN: After the hurricane, okay. MS. CURLEY: That's helpful. Thank you. MR. AMBACH: I don't have a specific date on that. Sorry. MR. LEFEBVRE: Thank you. MS. CURLEY: All right. CHAIRMAN KAUFMAN: Let me call -- so a violation -- does a violation exist? We have a motion and a second. All those in favor? I think we voted on it. We'll do it again. MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Okay. Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Chris, you have a suggestion for us on this case? MR. AMBACH: I do. June 27, 2019 Page 49 That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, must obtain all required Collier County building permits or demolition permit and request all inspections through certificate of completion and/or occupancy within blank days of this hearing or a fine of blank dollars per day until the violation is abated; Number 2, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the vio lation 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 this one? MS. CURLEY: I have a question. Is your dad going to be back in town, or is this not -- MR. HERNANDEZ: He's actually moved out of state. He hasn't been back in more than a year. MS. CURLEY: So is there somebody who's managing -- does he have other properties that he has a manager to help him? MR. HERNANDEZ: My mom, but she doesn't speak very good English, so she didn't really come in. I'm kind of the one that came in. MS. CURLEY: So you will be able to help her understand this? MR. HERNANDEZ: Yes. MS. CURLEY: Okay. I'll fill in the blanks with, let's just say, 90 days or a fine of $50 per day. There's no electricity in there, and it's not being used right now. MR. HERNANDEZ: No. It's kind of like -- I think they have June 27, 2019 Page 50 storage. They have, like, extra clothes and stuff in there. Like, it's a storage. It was a full porch from what I remember. MR. ORTEGA: It's not air conditioned, right? MR. HERNANDEZ: No, sir. CHAIRMAN KAUFMAN: Okay. So we have a motion. Do we have a second on the motion? (No response.) CHAIRMAN KAUFMAN: I'll second the motion. Okay. MS. BOWMAN: I'll second it. CHAIRMAN KAUFMAN: Okay. Chloe seconded it. I only get so many that I can second. Okay. Any discussion on the motion? MR. ORTEGA: One comment. Under your order to correct violations, you're citing the 2007 Florida building code. You might want to amend that. MR. AMBACH: I'll have to go through this. The investigator is not -- MR. ORTEGA: It's No. 2. It would be the 2017 building code. MR. AMBACH: Yes, sir. MR. LETOURNEAU: You said Land Development Code, right? MR. ORTEGA: No, no. MS. CURLEY: Typo? MR. AMBACH: I don't have the Florida Building Code in here. MR. LETOURNEAU: Are you talking about -- MR. ORTEGA: It says it right here, No. 2. I'm looking at it. MR. LETOURNEAU: 10.02.06. All three of those from the Land Development Code. I don't think we cited the Florida Building Code. CHAIRMAN KAUFMAN: It's the LDC. MR. AMBACH: Right, correct. June 27, 2019 Page 51 MR. ORTEGA: No. It says, Florida Building Code, No. 2, under order to correct violations. MR. LEFEBVRE: Packet Page 106. MR. AMBACH: I don't have that. MR. ORTEGA: Must obtain all inspections, certificate of occupancy and certification of completion as required in the 2007 Florida Building Code. MR. LEFEBVRE: I'm looking at it too. MR. LETOURNEAU: On the notice of violation; is that what you're looking at? MR. ORTEGA: Under the notice. CHAIRMAN KAUFMAN: On the notice. MR. LETOURNEAU: Let me look really quick. CHAIRMAN KAUFMAN: That's the boilerplate that's used; it needs to be updated, obviously. MR. LETOURNEAU: I'm not sure what you guys -- MR. LEFEBVRE: Well, you can come up here and look at it if you want. MR. LETOURNEAU: Oh, okay. MS. CURLEY: Good eyes, Herminio. MR. LEFEBVRE: That's what he does. MR. LETOURNEAU: All right. Yeah. We're just asking for No. 1 on the recommendation here. Number 2, yeah, that's a scrivener's error as far as the 1 needing to be replaced wit h the 0 for the 17 there. But we're citing the Land Development Code at this point, and we're asking that No. 1 be done on the recommendation, which is up on the Board right now, and it doesn't reference the Florida Building Code. MR. ORTEGA: That up there doesn't, no. MR. LETOURNEAU: Correct. MS. CURLEY: Okay. So did somebody second my fill in the June 27, 2019 Page 52 blanks? CHAIRMAN KAUFMAN: Yes. MS. CURLEY: Any discussion, guys? CHAIRMAN KAUFMAN: Well, we're waiting to see if that's resolved. And then Gerald would like to have a comment. MR. LEFEBVRE: Yeah. Testimony stated that after -- we can take a vote first. CHAIRMAN KAUFMAN: Okay. All those -- well, does your comment change -- MR. LEFEBVRE: No, it doesn't. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now your comment. MR. LEFEBVRE: Testimony stated that a new roof was put on, but there's no violation for that. MR. HERNANDEZ: I don't know if you would call it a new roof. They just -- the whole roof wasn't actually worked on. It was just the top part. I don't know if that makes a difference. CHAIRMAN KAUFMAN: We'll leave that up to Code Enforcement whether they -- MR. AMBACH: Yeah. I have a letter from the building official June 27, 2019 Page 53 that okayed that roof on that. I could read this into the record if you would -- MR. LEFEBVRE: That's fine. CHAIRMAN KAUFMAN: No, not necessary. Okay. So you have 90 days. So you're going to start doing whatever needs to be done to get a permit or whatever. If you have a problem getting everything done within three months, I suggest that you contact Code Enforcement so that the fines don't start to accrue. Okay. MR. HERNANDEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Thank you. Thanks, Chris. MR. AMBACH: Thank you. MR. HERNANDEZ: Thank you. That's it? CHAIRMAN KAUFMAN: Yep. MS. GONZALEZ: The next item is Item No. 11, Case CESD20190001104, Jose De Jesus De Sousa and Michelle De Sousa at 812 96th Avenue North. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning, everybody. Good morning. Could you state your name on the microphone for us. MR. DE JESUS: Jose De Jesus. CHAIRMAN KAUFMAN: Okay. You're the owner of the property? MR. DE JESUS: Yes, sir. CHAIRMAN KAUFMAN: Okay. County can continue. MR. FORD: Good morning. For the record, Arthur Ford, Collier County Code Enforcement. This is in reference to Case No. CESD20190001104 dealing with violations of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e), June 27, 2019 Page 54 six sheds in the rear of the property installed without required permits, inspections, and certificate of completion/occupancy. Located at 812 96th Avenue North Naples, Florida, 34108; Folio 62769720009. Service was given April 10th, 2019. I would now like to present case evidence in the following exhibits: Two photos taken February 19th, 2019, of sheds and an aerial photo of the rear of the property. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MR. FORD: Yes. CHAIRMAN KAUFMAN: Do you have any objection to the photos? MR. FORD: No, I don't. CHAIRMAN KAUFMAN: Okay. This is Naples Park? MR. FORD: Yes. CHAIRMAN KAUFMAN: Okay. Could I get a motion from the Board to accept the photos. MR. WHITE: Motion to accept photos. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: (Absent.) MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) June 27, 2019 Page 55 CHAIRMAN KAUFMAN: It carries unanimously. MR. FORD: On January 29th, 2019, Code Enforcement received a complaint of six unpermitted sheds in the rear of the property. I made a site visit on January 30th and was able to view the tops of three of four of the sheds from the street. February 19th I met with the property owner, Michelle De Jesus, and advised her of the complaint/violations. She led me to the rear of the property where photos were taken of six metal sheds. On February 22nd I met the building official, Rich Long, who reviewed the case and photos and determined that permits required. Notice of violation was issued February 26th, 2019. On April 10th, 2019, another notice of violation was issued to include the ordinance 10.02.06(B)(1)(e). May 21st, 2019, a site visit was made, and violation remains unchanged. CHAIRMAN KAUFMAN: How close to the property line are these sheds? MR. FORD: Pretty much up against it. CHAIRMAN KAUFMAN: Is that part of the violation or not? MR. FORD: No. It's just the unpermitted sheds kind of take care of that. CHAIRMAN KAUFMAN: Okay. MR. FORD: Setbacks and all that. MS. CURLEY: Do you know how long they've been there? MR. FORD: No. We just know we got the complaint, did the investigation, and served the violations. You know, the first site visit was January 30th. CHAIRMAN KAUFMAN: Can I ask -- I'm looking at the picture. What's on the ground there? MS. CURLEY: Is that concrete? What is that? MR. ORTEGA: Surface. June 27, 2019 Page 56 MR. FORD: It's like, I don't know, a mesh kind of tarp stuff. It's probably a better question for the respondent. CHAIRMAN KAUFMAN: Non-pervious type whatever. MR. FORD: Right. CHAIRMAN KAUFMAN: All right. Good morning. MR. DE JESUS: Good morning. CHAIRMAN KAUFMAN: Your turn to explain the situation. MR. DE JESUS: I have filed for a permit, and I did that two days ago, so I'm waiting for it to be authorized by the county. CHAIRMAN KAUFMAN: Okay. Anything else? What is that on the ground there? MR. DE JESUS: That is -- when you lay pavers, you do that first. That's porous to allow the water to seep through it. It blocks the weeds from growing. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: You're paving the backyard? MR. DE JESUS: When I have the money, yes. Not all of the backyard; some of it. CHAIRMAN KAUFMAN: Okay. So you have applied for the permit? MR. DE JESUS: For the sheds, yes, I have. CHAIRMAN KAUFMAN: Okay. Any indication when you're going to receive the permit? MR. DE JESUS: I don't know. That's up to the county. CHAIRMAN KAUFMAN: Okay. Well, let's see if a violation exists. Anybody like to make a motion whether a violation exists? MS. CURLEY: Well, I'll make a motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LEFEBVRE: Second. June 27, 2019 Page 57 CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now, do you a suggestion for us? MR. FORD: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within blank days of this hearing, or a fine of blank per day will be imposed until the violation's abated; Two, the respondent must notify 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 Collier County Sheriff's Office to enforce the provisions of -- CHAIRMAN KAUFMAN: Easy for you to say; provisions. MR. FORD: -- of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So I guess the question that June 27, 2019 Page 58 comes before us is how long does it take to pull a building permit on this and the likelihood that the building permit is going to be approved. MS. CURLEY: I have a question, sir. CHAIRMAN KAUFMAN: Sure. MS. CURLEY: Do you and your wife live at this location? MR. DE JESUS: Yes, I do. Well, yes, we do. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Yeah. For the record, Jeff Letourneau, Collier County Code Enforcement. Your question about setbacks was a pretty valid one earlier on. I think that, at least from looking at the aerial right now, three of the sheds aren't going to meet setbacks, and they also -- they need separation between the sheds, and I don't think one individual permit's going to cover six sheds. I think they're going to have to permit them individually if they can find enough room to fit them on there, because there's going to be side yard setbacks, rear setback s, and setbacks from each other. So, you know, I don't know. It's going to have to be a lot of moving pieces. CHAIRMAN KAUFMAN: I agree with you, Jeff. And I've been around the block a few times. Did you purchase these sheds and had the people you purchased them from install them? MR. DE JESUS: No. I did it myself. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Are they attached together? MR. DE JESUS: Yes. They will be attached together. MR. ORTEGA: Structurally. The connection? MR. DE JESUS: Right. MR. ORTEGA: So maybe the 10-foot separation of structures June 27, 2019 Page 59 don't apply. MR. LETOURNEAU: Yeah. I mean, if the Building Department allows them to attach those together then, yeah, he's still going to have to come up with the rear and side setback issue though. MS. CURLEY: Did you submit a survey with your permit? MR. DE JESUS: Yes. MS. CURLEY: Okay. I'll fill in the blanks. CHAIRMAN KAUFMAN: Go ahead. MS. CURLEY: Number one -- CHAIRMAN KAUFMAN: 59.63 in 30 days. MS. CURLEY: Right, and then No. 1 is 60 days, and a fine of $100 per day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck on the permit. I think it may be an interesting permit to pull. June 27, 2019 Page 60 MR. DE JESUS: Thank you. MS. GONZALEZ: Item No. 16 -- CHAIRMAN KAUFMAN: Did we hear 12, or are we doing the people that are here? MR. LETOURNEAU: People that are here. MS. GONZALEZ: Yeah, the people that are here. There's someone here for Item 16, but I'm not sure if he has standing. SA Equity Group, Case CENA20180014297, at 114 New Market Road East. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This is Case 16; is that correct? MS. GONZALEZ: Correct. Item 16. CHAIRMAN KAUFMAN: Okay. And if you could state your name on the microphone for us, please. MR. OKAB: Walid Okab. CHAIRMAN KAUFMAN: Excuse me? MR. OKAB: Walid Okab. CHAIRMAN KAUFMAN: Give us a minute to take a look. Are you the authorized represent from SA Equity Group? MR. OKAB: Yes, sir. MR. AMBACH: He's the owner's nephew. CHAIRMAN KAUFMAN: Okay. Chris, you're on. MR. AMBACH: Thank you. For the record, Chris Ambach, Collier County Code Enforcement. This is in reference to Case No. CENA20180014297 dealing with violations of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 through (sic) 54-181. Property is located at 114 New Market Road East, Immokalee, Florida, 34142; folio number is 63864240001. Service was given on December 19th, 2018. I would now like to present case evidence in the following June 27, 2019 Page 61 exhibits: Seven photographs dated June 25th, 2019. CHAIRMAN KAUFMAN: Okay. Has the respondent seen the photographs? MR. AMBACH: I have shown him those, yes. CHAIRMAN KAUFMAN: Do you have any objections to the photographs? MR. OKAB: No. CHAIRMAN KAUFMAN: Okay. Can I get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you want to give us a little description as -- MR. AMBACH: Yes. This is the farmers market on New Market Road. You're looking at some outbuildings in t he back. This is pretty much a daily occurrence on the entire parcel. The vendors, after they're done unpacking, throw empty boxes, trash, tires -- CHAIRMAN KAUFMAN: Okay. So this is the property that's owned by this company? June 27, 2019 Page 62 MR. AMBACH: That's correct. CHAIRMAN KAUFMAN: Okay. This is, again, a picture of the rear? MR. AMBACH: This is right on New Market. You can see this as you're driving right by. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: And they sit there, you know, it's -- it's every day. It's every day. Now, regardless of whether or not it's cleaned up every day, it's just -- it's not cleaned up every day. I drive by this location multiple times a day coming into the office and going home, and it always looks like this. CHAIRMAN KAUFMAN: Is it zoned C5? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: Okay. Have they been noticed before? MR. AMBACH: Yes. CHAIRMAN KAUFMAN: Is this a second violation? MR. AMBACH: Probably more than that, sir. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: We were working with the owners. I met with the owners in the office. This is one of several open cases that we're dealing with right now. They've been educated on what needs to happen but yet it continues to happen every day. CHAIRMAN KAUFMAN: And these pictures were taken this week? MR. AMBACH: These pictures were taken a few months ago. If I had photographs, you would be looking at photographs -- this is what it looks like every day. It was like this yesterday. MS. CURLEY: So even the weeds along the fence line, these are never managed to the -- MR. AMBACH: He's cutting the weeds now. June 27, 2019 Page 63 MS. CURLEY: And this is Mr. Hernandez who you're speaking about? MR. AMBACH: No. This is Mr. Okab. This is Mr. Okab's nephew who actually runs the farmers market, correct? You're the supervisor out there? MR. OKAB: Yes. MR. AMBACH: He oversees it. I've met with his aunt and uncle who are the actual owners of the property in my office and have gone over the conditions of this property. CHAIRMAN KAUFMAN: Yeah. Weeds are a different violation. MR. AMBACH: Yeah. I'm just sectioning the litter right now. At one point they had a tarp up there. It's not an approved -- it's not approved for the fence. I believe they put it up to, you know, help hide what was out there, and they had to take that down per the last notice of violation they received. So now this is out for everybody to look at every day as you drive by all four corners of that property. CHAIRMAN KAUFMAN: Okay. Do you have anything else for us, Chris? MR. AMBACH: No, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Well, do we need to make -- CHAIRMAN KAUFMAN: Hold on. Hold on. Sir, your turn to give us an explanation or what's being done, et cetera. MR. OKAB: Well, we took over the market a year ago. And a lot of these issues we inherited from the previous owners. He's spoken about different violations that we have, and I've been working with Tony. And I believe we've fixed two out of the three violations we had. This issue I have, like, over 50 tenants there, and they all had June 27, 2019 Page 64 bad habits. And, you know, this is not new. This has been like this since the market was built in the '80s. And right now I'm working with them. As I told him, we cleaned a lot of it. When I came here this morning, I thoug ht this case was about different violations that we had about permitting and about some structures that -- they were built before we came to the picture. And that's what -- I was like -- you know, what I had prepared was not for this because, you know, I didn't know. Because, as I told him, I thought Tony told me he closed that case. Because we had another case about cleaning the ditch and picking up trash, and I did that. And Tony closed it. So I thought that was connected with that, so I wasn't aware. But as I told him, you know, like we work with these people. I clean every day, you know. A lot of this stuff -- these pictures are from January. I know he said he lives in Lehigh and he sees it when he goes there, but it's not this bad. And I told him, like, if that's the issue, I'll go right now and I'll start cleaning today. And if you give me some time, I'll have it all picked up. Because right now it's -- like, it's summertime, so it's dead. So a lot of these tenants have left. So I can ju st bring a trailer and just dump everything into the trash, and that's it. So I don't think that's a -- it's not a serious issue. I can have all that cleaned up in, like, a week or so. CHAIRMAN KAUFMAN: Well, if it wasn't a serious issue, you wouldn't have received a violation, so... And what disturbs me is if this is an ongoing problem, the penalties for that are severe. But before we get into that, do you want to make a motion a violation exists? MS. CURLEY: Yeah. I just would like to go back to the picture that shows the tarps and the chain-link fence real quick. And so you're saying that none of this looks like this behind the chain -link June 27, 2019 Page 65 fence anymore or -- MR. OKAB: No. What I said is that picture was in January, and what this -- like, each one of those tents has a tenant in. And this stuff that you see -- I know it looks like trash, but they use it for their work because they're farmers. They go to the field, they pick up. And, like, you see pallets and coolers and all this stuff, and they clean it daily. So I know -- like, you're not going to see -- like, if you go today and then you go tomorrow, you'll see different things, because those people, they use it for their work. And, you know, my job is I manage these people, and I have over 60 tenants. MS. BOWMAN: So do you own the actual structure and -- like, the frame and the tarp? MR. OKAB: No, I don't own none of that. I just own the property. These people pay me rent. MS. BOWMAN: I was just wondering, because they're all the same, so I didn't know if they all -- MR. OKAB: These people, they put them up, and then whenever they leave, they take them down. So these pictures are old. They're from January. I thought that this case was closed. And, you know, if -- you know, I can just go and have all that cleaned up. And we've been cutting the grass. We've been working with Tony, and we've been cooperative, and, you know, like -- I know we have several issues, but all the issues were from the previous owners. We've only been there for one year. You know, we're still trying to figure out how to -- because I've never -- I don't have any experience in the business like this with large amount of tenants. But we're -- you know, we're improving, and we're willing to work with you guys to fix the problem. June 27, 2019 Page 66 And if Tony was here, like, he will back me up, because I've always worked with Tony, and I've never, like, given him any issues. MS. CURLEY: Well, we appreciate you working with the county. And just for the record, they purchased this property December 11th, 2017. So it's been a year and a half. And so I'm sure you've made some nice changes. But I will make a motion that a violation exists. I appreciate you explaining the status of that, and we hope that things can get better. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. My question to you before I ask you for a recommendation is, when we have cases that are similar to this where, for instance, you have a car parked with no license plates or whatever in a place, it comes before Code Enforcement, we find a violation, and the car is moved. A month later, the car is back, and a second violation is ordered along with a special fine at that point, or a third time. Is this the case with this, or this doesn't fall into that category? June 27, 2019 Page 67 MR. AMBACH: No. It will fall under that category, I believe. And this -- and, again, the investigator is no longer on this case. I've taken this case over. But the notices that were served before on this property were served incorrectly. So I made sure it was served correctly this time and wanted to bring it here so I can get the adjudication. If we have an issue again on the property then, yes, we will do exactly what you're saying. We will request a civil penalty if we come back again. Legal notice will be issued. It's set up for immediate hearing at that time if that happens again. CHAIRMAN KAUFMAN: Have you explained that to the owner? MR. AMBACH: Yes, on several occasions. MS. CURLEY: And so I have another question, just because I'm curious, for the county. Is there any way -- I mean, this market's a big part of Immokalee. MR. AMBACH: It is. MS. CURLEY: And we don't want to disrupt that. But is there any way that, you know, the needs of the tenants -- that this can be more shielded, or is this the only fence that they're allowed to have? Can we help them with that? MR. AMBACH: Yeah, I know. And it's -- they cannot put an opaque covering on that fence. The zoning district does not allow for it. I did discuss with Jeff just a few minutes ago if there's any way we can get some screening. If you folks can put screening on the back side of those tents, and if they can, you know, contain what they have within. What's happening is they're working outside their means. I mean, these are -- there's stuff stacked in these tents that have been there for years. MS. CURLEY: I agree. They're not using the ladder every day June 27, 2019 Page 68 to sell fruit. MR. AMBACH: Yeah. There has to be some management on management's side and on the seller's. It's a hard situation there because of the zoning district. You can't put a tarp up to hide the fact that it still looks like that on the inside. CHAIRMAN KAUFMAN: Just -- I know on those type of fences you can put the slats in. Can't do that? MR. AMBACH: It's not allowed according to the zoning manager. I've heard -- believe me, I've tried. MS. CURLEY: This should be something that they could do for -- MR. LETOURNEAU: They would need to put a tarp on the back of those tents right there and then keep all the stuff up front where the outside public can't see whatever debris they have back there on a daily basis. Because, unfortunately, now it's going to be adjudicated. If we get another complaint, it's going to -- like Mr. Kaufman said, it's going to be costly at that point. So if I was the property owner, I'd look at every angle to try to contain that stuff out of sight. CHAIRMAN KAUFMAN: I know this has nothing to do with the case, but was this reported by a neighbor, or is this somebody who drove by or -- MR. AMBACH: These reports come directly from the CRA, and I have a member here today in the audience, and also the Collier County Sheriff's Department. We meet on a monthly basis, our task force meetings, and this is a topic of concern at every single one. CHAIRMAN KAUFMAN: Okay. So you're working the issue, and hopefully -- MR. AMBACH: Yes. CHAIRMAN KAUFMAN: -- you can find something that will solve the problem. Okay. June 27, 2019 Page 69 Do you have a suggestion for us? MR. AMBACH: I do, sir. CHAIRMAN KAUFMAN: Okay. MR. AMBACH: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.70 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, must remove all litter from the property to a site intended for final disposal or store desired items within a completely enclosed structure within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated; Number 2, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments on Chris' suggestion? (No response.) CHAIRMAN KAUFMAN: Anybody like to fill in the blanks? MS. CURLEY: I mean, I've done it most of the day. But I do appreciate, number one, stating that all the items should be completely enclosed within the structure. So that gives you and your company and your tenants options to fix this quicker. So I think I would say pay the operational costs of 59.70, and Item No. 1 -- CHAIRMAN KAUFMAN: In 30 days. Go ahead. MS. CURLEY: -- and 45 days, or a fine of $100 per day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we June 27, 2019 Page 70 have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a second. Discussion on the motion? (No response.) CHAIRMAN KAUFMAN: The only thing I'd like to say is the county, the Board, would love for this to be resolved. As Sue had mentioned, it's an integral part of Immokalee that it be successful. It brings money in, et cetera. So hopefully you can resolve this situation in a way that it makes everybody happy. Having said that, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you have 45 days to clean it up. If I were in your shoes, I'd clean it up and take some pictures after you're done, and then if you happen to have one vendor or another vendor who's causing the problem, that you work with them to resolve that situation. MR. OKAB: Now, Tony's no longer involved with this? So if I was to work with someone, I have to work with you? MR. AMBACH: You can work with me. MR. OKAB: Okay. So I'm willing to meet with you, and you tell me what needs to be done. I'll do it in one week. MR. AMBACH: Perfect. June 27, 2019 Page 71 MS. CURLEY: Thank you. MS. GONZALEZ: Next case, Item No. 4 under imposition of fines, Case CESD20180003607, Luis Patino and Papadorelly LLC at, 741 18th Avenue Northwest. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. PATINO: Good morning. Luis Patino. CHAIRMAN KAUFMAN: Okay. Good morning. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Okay. Ordinarily we'd just have you read this into the record, but I assume that the respondent is here to request something? MS. PEREZ: Correct, yeah. We had a conversation outside, and he'd like to address the Board. CHAIRMAN KAUFMAN: Okay. MR. PATINO: Okay. So as everybody for the most part knows in Code Enforcement, I own this property with Papadorelly. And with that, the last year and a half we had some legal litigations and stuff like that with other matters within our corporations. Those things are passed as of August. We're in that recovery phase as of now still coming out of that. It was about a $150,000 loss all around in my personal life. And my family has taken a toll as far as my relationships and stuff like that. So I find myself as a single father now, two kids, juggling a few things. The thing is, it took a minute to get that culvert in. The individual that I owned the property with, he lives in France. The French are very difficult to communicate. Our time frames are different. He's not here all the time. He's here only on occasions June 27, 2019 Page 72 during the year. I went ahead and I solidified the culvert. That was a pretty tough challenge amongst everything else. Finally we got that closed out, and now we can go over the property, over the culvert. So we were able to comply with that, and I only have TLC Lawn, and I've been in contact with Erin Josephitis (phonetic) to get the mitigation process because we're not going to build right now. Obviously right now we've taken such a big hit that we're just going to wait it out for a minute and let the dust settle and get out of this funk. But we definitely are moving forward with the mitigation process. And I do have a letter and a commitment from a company. That took me forever because I went to three different companies, and they all never even gave me a letter. This guy actually came through. And he's committed, and I paid him to engage. I already give him a deposit, so we're moving forward, and with the direction of Erin Josephitis, who gave me also what I need to follow. So we have some more meetings to meet on site to see what -- how to get through this. So I'm asking for an extension so that I can at least -- you know, I already -- CHAIRMAN KAUFMAN: Let me see if I can ask a couple of questions. MR. PATINO: Yes, sir. CHAIRMAN KAUFMAN: This violation is a violation because there was no permit pulled; is that correct? MS. PEREZ: There was -- the violation was there was clearing done on the property, and one way to rectify that would be to just go ahead and build a home on there, and that would take care of the clearing violation, or restore through a mitigation restoration process. CHAIRMAN KAUFMAN: Was there a permit pulled to clear initially? June 27, 2019 Page 73 MS. PEREZ: No, that's why, you know, the case initially started. CHAIRMAN KAUFMAN: So that's this violation? MS. PEREZ: Yes. The other right-of-way was a separate case, but it all kind of happened together. So that's what he was trying to explain that he's now, you know, settled the legal egress and ingress to the property. That case is closed out, and then now he's got this one before him. So because of his financial/legal issues, they're not going to proceed to build anything. So now we still have to take care of the unpermitted clearing, which he intends -- the letter's up on the board from TLC -- that is going to be working on that mitigation restoration with the staff person that he mentioned earlier. MS. CURLEY: I have just a quick question. Can you just refresh my memory. Was this the -- you all are from Lee County when you bought this property after the hurricane to help you with your -- is this -- no? MS. PEREZ: No. MS. CURLEY: It's not the landscaping company? MR. LEFEBVRE: Financial partner, which is the guy from France, and he pulled his financing; is that correct? MR. PATINO: Yeah, exactly. That's a different project in Port Charlotte. We have a house that we built in Port Charlotte. He pulled out. He went through a divorce as well. It was like a -- it comes in threes, it really does, and I think my relationship was the fourth, so I don't know. Maybe that's the upcoming one. MS. CURLEY: You have two good things coming your way maybe. CHAIRMAN KAUFMAN: So my question on this, if a permit is pulled, is it that -- would that resolve everything? MS. PEREZ: No, not necessarily. He can't just get a vegetat ion June 27, 2019 Page 74 removal permit. There has to be some restoration done to the property because of what was cleared. MR. LEFEBVRE: Was more than the allotted amount cleared? MS. PEREZ: It wasn't an extreme amount but, obviously, it was done without a permit. MR. LETOURNEAU: Are you talking about a house permit? CHAIRMAN KAUFMAN: Well, you're allowed to clear up to one acre without a permit if you're going to build a structure. You can do a lot more if you start building a structure. MR. PATINO: So we're very under one acre for sure. What I did was I opened the pathway, and I dropped 10 loads of fill just for future use. We had -- we do have a house specked out for that property. The DEP report's been done. All these things to break ground are ready to go; we're just not ready in our finance. So we're putting that on hold and for a future date. And rather than building, comply with the county and give it some time. CHAIRMAN KAUFMAN: Okay. Herminio, let me ask you. On the clearing of property, what's your understanding -- I'll ask Jeff next to see if the both of you agree. What's your understanding on what you can do and what you can't do? MR. ORTEGA: You need a valid building permit to remove vegetation. CHAIRMAN KAUFMAN: To remove the vegetation. And if you are building a structure, that goes hand in hand with that permit? MR. ORTEGA: When you say "structure," you mean a single-family residence? CHAIRMAN KAUFMAN: That's correct. That's what we're talking about. Okay. You agree, Jeff? MR. LETOURNEAU: I agree, just one caveat that if there's June 27, 2019 Page 75 exotics on a piece of property, you can go in and hand clear without a permit. CHAIRMAN KAUFMAN: Without having a permit. MR. LETOURNEAU: That's it right there. MR. PATINO: So there is a lot of Brazilian peppers, and that's also another issue that we also encountered when I was closing out the culvert and the inspector was walking me through the whole property, and I think that that's something that we have to kind of address as well, too. MR. LETOURNEAU: So at this point he's going to have to work -- if he wants to go to the mitigation route. He's going to have to work out something between, you know, the environmental services at Growth Management, and they're going to have to come up with a plan and follow through with that plan to abate this violation, or they could build a house and -- CHAIRMAN KAUFMAN: Build a house. MR. LETOURNEAU: -- if it's in -- if the vegetation removal was within that allowed acre, they'd be good to go at that point also. CHAIRMAN KAUFMAN: Is this something that Crowley would be working on? MR. LETOURNEAU: Yes, yeah. Her or one of her coworkers. CHAIRMAN KAUFMAN: One of her henchmen. MR. ORTEGA: Is there water on the property? MR. PATINO: There's no water. MR. ORTEGA: You might want to talk about environmental. MR. PATINO: About a well? MR. ORTEGA: No. Talk to them. MR. PATINO: Oh, it's all dry land. There's no up -- I mean, it's all upland. There's no wetland. MR. ORTEGA: But if they're going to have you replace, add planting -- June 27, 2019 Page 76 MR. PATINO: I know. It's got to be done now over the summer while it's raining so it can live. MS. CURLEY: So are we here to do an extension of this? CHAIRMAN KAUFMAN: That's what the respondent is asking for: More time to resolve this so that the "has not been" is changed to "has been." MS. CURLEY: Okay. So I see a -- I see that the 59.70 has not been paid from the previous case. MS. PEREZ: Yes. We just took care of that this morning. MS. CURLEY: Okay, great. MS. PEREZ: So that has been paid, and it's been confirmed into the system. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So thank you. CHAIRMAN KAUFMAN: Now, let me ask this question: How much time do you think you need to resolve this situation? MR. PATINO: Considering that I've been the one coming out of pocket and no help has been coming out of Papadorelly, and I foresee him not helping at all because he won't be here towards maybe till -- I don't know. I think he'll probably be back here in February -- I need at least 120 for me to come out with my finances and dish it out, because I know he's not going to help. MS. CURLEY: Do you have a bid from the landscape company? MR. PATINO: Not yet, because first I wanted his intent to actually, you know, engage and then commit to a meeting with agriculture. MS. CURLEY: So just for the county, is this offending any neighbors? MS. PEREZ: No, no. CHAIRMAN KAUFMAN: Okay. And the 45 days that -- not June 27, 2019 Page 77 45 days. MR. LEFEBVRE: Hundred and twenty. CHAIRMAN KAUFMAN: Hundred and twenty days would get you into a position where you can probably resolve this -- MR. PATINO: Yes, sir. CHAIRMAN KAUFMAN: -- problem? MR. PATINO: Yes, sir. MS. CURLEY: Financially as well? MR. PATINO: Along with child support, yes, sir -- yes, ma'am. MS. CURLEY: Let's give him half a year. MR. LEFEBVRE: Well, we don't want to give him too long because then -- MR. PATINO: That's okay. One hundred twenty should be fine. I should make it work. CHAIRMAN KAUFMAN: I mean, this is from last July. MR. LEFEBVRE: It is from last July, but if we give him six months and he plants stuff going into the dry season, it's not going to survive. CHAIRMAN KAUFMAN: Right. MS. CURLEY: I know. MR. LEFEBVRE: So we have to give him -- I think we should give him a little bit shorter time, or you can come back in front of us again to ask for an extension. CHAIRMAN KAUFMAN: Would you like to make the motion. MR. LEFEBVRE: Make a motion that we grant a continuance for 120 days as the respondent has asked. CHAIRMAN KAUFMAN: Okay. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion for a continuance for 120 days. Any comments on that? Do we have a second, first of all? June 27, 2019 Page 78 I'll second it. MS. BOWMAN: Second. MS. CURLEY: No comment. CHAIRMAN KAUFMAN: Would you like to second it, Kathy? MS. ELROD: I already did. That's okay. You don't have to hear me. That's fine. CHAIRMAN KAUFMAN: We need to move your microphone closer. Okay. So we have a motion and we have a second to grant a continuance of 120 days. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, board members. CHAIRMAN KAUFMAN: Good luck. Pray for rain. MS. GONZALEZ: Next case, Item No. 2 under imposition of fines, Case CESD20180007276. Property, 2515 Bayside Street. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Sir, could you state your name on the microphone for us. MR. ARREAGA: Hello? Hello? CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. June 27, 2019 Page 79 MR. ARREAGA: Carlos Arreaga. CHAIRMAN KAUFMAN: Okay. Eric? MR. SHORT: Good morning. For the record, Supervisor Eric Short, Collier County Code Enforcement. I believe the respondent has a request. CHAIRMAN KAUFMAN: Sir? MR. ARREAGA: The problem? CHAIRMAN KAUFMAN: Well, you're here to request something from the county -- from the Board. MR. ARREAGA: Oh, yes. CHAIRMAN KAUFMAN: Okay. Don't keep it a secret. You can tell us. MR. ARREAGA: Well, the problem is I had to pay something, fine, for the -- I install two windows and a door without permit. That's it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So you corrected that now? MR. ARREAGA: Uh-huh. CHAIRMAN KAUFMAN: Okay. And it says it's been abated. MR. ARREAGA: I did it because, you know, the bedroom and Irma hurricane -- the Irma hurricane destroy my windows and my door, and I never know I had to put -- I had to go to get permit to install the windows. CHAIRMAN KAUFMAN: Okay. So you're asking for the fines to be dropped? MR. ARREAGA: Yes. CHAIRMAN KAUFMAN: Okay. Does -- go ahead. MR. LEFEBVRE: Make a motion that we deny the county's request to impose fines. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? June 27, 2019 Page 80 MR. ORTEGA: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. No fines. MR. ARREAGA: Muchos thank yous. CHAIRMAN KAUFMAN: Okay. You too. MS. ELROD: The previous operational costs had not been paid, or they had been paid? MS. CURLEY: It says "have been." MR. LEFEBVRE: It shows that they have been. MS. ELROD: Never mind. I'm good. MS. GONZALEZ: I see someone in the audience, but I'm not sure if he has a case. CHAIRMAN KAUFMAN: Anybody here have a case pending? Ah-ha. MS. GONZALEZ: This is Item No. 7 under imposition of fines, Case CESD20160002752, James Gadsden and Scottie Gadsden Grdn, and the property is 317 South First Street in Immokalee. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: This is the one that goes back to 2015. June 27, 2019 Page 81 MR. LEFEBVRE: Sixteen. CHAIRMAN KAUFMAN: Good morning. Could you state your name on the microphone for us. MR. GADSDEN: Scottie Gadsden. CHAIRMAN KAUFMAN: We've seen you before, I'm sure. MR. GADDY: Yes. CHAIRMAN KAUFMAN: Yes. Chris, you want to tell us to talk to him first? MR. AMBACH: I believe he's going to ask for an extension of -- CHAIRMAN KAUFMAN: Okay. MR. AMBACH: So do you want me to read this in first and -- CHAIRMAN KAUFMAN: Yeah. Why don't you read it in first, and then we'll go to that. MR. AMBACH: Okay. For the record, Chris Ambach, supervisor of Code Enforcement, Collier County. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location is 317 South First Street, Immokalee, Florida; Folio No. 24370240000. Description of violation: Interior remodeling including, but not limited to, new drywall, new framing, electrical, plumbing, flooring, and installation of central air-conditioning system, all of which were observed on improved unoccupied commercial property. Past orders: On September 22nd, 2016, 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, OR5318, Page 742, for more information. On April 28th, 2017, the respondent's motion for continuance of this case was granted. See the attached order of the Board, OR5390, June 27, 2019 Page 82 Page 3732, for more information. On October 27th, 2017, the respondent's motion for continuance of this case is granted. See the attached order of the Board, OR5446, Page 3540, for more information. On March 22nd, 2018, the respondent's motion for continuance of this case is granted. See attached order of the Board, OR5493, Page 3294, for more information. The violation has not been abated as of June 27th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from March 21st, 2017, to June 27th, 2019, 829 days, for a total fine amount of $165,800. Fines continue to accrue. Previously assessed operational costs of $64.17 have been paid. Operational costs for today's hearing: $59.77. Total amount: $165,859.77. CHAIRMAN KAUFMAN: Good morning. MR. GADSDEN: Good morning. CHAIRMAN KAUFMAN: Your turn. MR. GADSDEN: Well, I was asking for an extension. I know that it done been at least a couple years since this work hadn't been done, but really the problem is the financial problem. But I've kind of been trying to pay out of my pocket. Well, I've been putting money aside to try to go and get this done. I was wondering if I could get, like, maybe a 90-day extension to try and go and complete this work. And a couple of subcontractors -- I had to try to get a couple more subcontractors. The electrical went also, the A/C subcontractor, because they give me a better offer than the ones I recently had, so I just recently went and did the paperwork and got all that done, and also I got an extension for the permit and -- to try to go on and get this completed. CHAIRMAN KAUFMAN: Okay. Chris, do you have any June 27, 2019 Page 83 comments? MR. AMBACH: I don't. I just want to add that he did get a permit extension. He has stayed in constant contact with us. This is a commercial piece of property. It is vacant. He is working towards compliance. I just wanted to put that out there. MR. ORTEGA: Is there a contractor on board? MR. AMBACH: I believe -- MR. GADSDEN: A general contractor? Yes, there's a general contractor. Everything is in place, and I just had to get the paperwork done because the subcontractors I originally had on the permit, I decided to go with some other subcontractor. I just recently got all that done, turned in to permitting, and now I just need to start getting the work done. MR. ORTEGA: How much work is done, or how much -- MR. GADSDEN: Well, when I had the permit originally, the wall was there. It's out. That wall is an existing wall, so I had that done. But by me paying out of pocket, it's kind of extensive. So that's why I want to go with some other subcontractors because they gave me a better offer than the one I originally had. And now I done got that out of place -- tooken care of, so I just want to go ahead and get the work done. CHAIRMAN KAUFMAN: What amount of work needs to be done? MR. GADSDEN: The A/C part and the electrical. And the plumbing, it just -- I think the plumbing is just minor stuff. The biggest thing is the electrical. CHAIRMAN KAUFMAN: So from 2017 to now, the electrical, the plumbing, nothing's been done or -- MR. GADSDEN: Nothing's been done -- well, I just got the wall -- that wall was put up, because, you know, at first when I had the building, you know, I leased the building out to someone. That's June 27, 2019 Page 84 how all this case really got started because they was in there doing work without permitting. So I got that tooken care of. And, like I say, I just needed to -- the guys I was going with originally to do the electrical and the A/C, they was a little costly, so I was saying, well, let me see if I can find someone. Eventually I did, and they gave me a better offer, so I just decided to go with them then. CHAIRMAN KAUFMAN: Have they told you when they're expecting -- MR. GADSDEN: They can start -- well, as soon as I can get out of here, I was going to meet with the electrical guy. He probably can start as soon -- probably today. CHAIRMAN KAUFMAN: I'm not so interested in the start as I am in the done. MR. GADSDEN: Oh, when it can get done? CHAIRMAN KAUFMAN: Yeah. MR. GADSDEN: If I can get a 90-day extension, I think we can get it done within 90 days. MS. CURLEY: So can I just ask for some clarification. You said that the original problem was because you had tenants in there, and they modified inside the building without you knowing? MR. GADSDEN: Yes, because I was leasing the building out to them. So they said, well, we'll go in and do the work and take care of everything, and then we'll take it off, once they complete it, towards the rent part. But the problem was they did not pull a permit. MS. CURLEY: Right. MR. GADSDEN: And that's what kind of got all this started. MS. CURLEY: Right. So don't you want to get this place rented again? MR. GADSDEN: Yes, yes. That's the whole thing is trying to get it -- June 27, 2019 Page 85 MS. CURLEY: We better get out of here then. MR. GADSDEN: Get it rented. And so I got everybody in place to do the work now, but... CHAIRMAN KAUFMAN: So would anybody on the Board like to make a motion for a continuance for some period of time? MR. ORTEGA: I understand you do have a permit in hand? MR. GADSDEN: Yes, yes. I just had to get -- I already had a permit, but I had to get an extension on it. I already done that and got all that tooken care of. CHAIRMAN KAUFMAN: Yeah. Chris said he can verify that. MR. ORTEGA: What size of area are we talking about? MR. GADSDEN: As far as the building? Thirteen hundred square foot. MR. AMBACH: Yeah. He has fire inspections, final A/C, final electric, final building and, like I said, a couple of miscellaneous; fire. MR. ORTEGA: If he still has to do the electrical, mechanical, plumbing, then he also has rough inspections, right? CHAIRMAN KAUFMAN: 101. MR. ORTEGA: I'm going somewhere with this, by the way. MR. LEFEBVRE: What? MR. ORTEGA: I'm going somewhere with this; that three months may not be enough. MR. LEFEBVRE: Well, he had three years -- almost three years. MS. CURLEY: I mean, let's just make it 900 days total. MR. WHITE: Fines are still accruing. MR. LEFEBVRE: I'll say this -- and I've said this a lot over my 17 years -- you can build a high-rise in a shorter period of time than it's taken to finish a 1,300-square-foot space, and it just -- to keep on going and going and going... June 27, 2019 Page 86 MR. GADSDEN: Well, the biggest problem, sir, is the financial part of it. These subcontractors, they not cheap. And that's not trying to make an excuse, because I know it's my responsibility to get the building up to code. MS. CURLEY: Well, here's the thing: There's no life-safety issue. There nobody's renting it. The only person that's suffering right now are him and his partner in this property because they're not able to rent it and make money. So, I mean, I get that it's an issue, and it's nice that the county's babysitting him through this, you know, three-year process. But if he doesn't have the money to do it, then we just have to stand on the sidelines. CHAIRMAN KAUFMAN: Well, the respondent said in 90 days he might be able to get everything done. I take into account what Herminio said, who's one of the more familiar people on the Board on how long things take. Would you suggest a time frame, Herminio, that a continuance might work here? MR. ORTEGA: I would suggest at least five or six months -- six, months. And if he finishes part prior to that, then great. But if not, he's going to be back here again. CHAIRMAN KAUFMAN: Yeah. And the 165,000 will be $200 a day on top of that, on top of that, which probably would exceed the value of the property. So would somebody like to make a motion to grant a continuance or not? MS. CURLEY: Well, I'll make a motion for a continuance for six months. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. June 27, 2019 Page 87 CHAIRMAN KAUFMAN: And we have a second to grant a continuance for 180 days. That's six months. Hold on. We haven't voted yet. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have six months. I suggest, based on what Mr. Lefebvre said, either you build a high-rise out on the beach in less time or get this thing done. MR. GADSDEN: Yes, sir. CHAIRMAN KAUFMAN: Okay. Six months is a lot more than you asked for. MR. GADSDEN: Yes, sir. Appreciate it. CHAIRMAN KAUFMAN: Okay. Very good. Thank you. MR. AMBACH: Thank you. CHAIRMAN KAUFMAN: Oh, break. Ten minutes. Sorry, Terri. (A brief recess was had.) MS. GONZALEZ: We're ready. Item No. 6 under hearings, it's Case CENA20190004829, Ernest Valdastri. Property address is 30 Creek Circle. June 27, 2019 Page 88 Notice was mailed on June 10th, and property was posted and at the courthouse on June 6th, 2019. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. MR. PITURA: Okay. Good morning. CHAIRMAN KAUFMAN: Good morning. MR. PITURA: For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CENA20190004829 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-185(a) and Section 54-181, Collier County Development Code 04-41, as amended, Section 2.02.03. Description of violation: High grass in excess of 18 inches, outside accumulation of trash and litter, storing of construction materials, but not limited to, construction materials, tools, metals, plastic containers, tools, small appliances, and all items not specifically used for residential use located at 30 Creek Circle, Naples, Florida, 34114. Folio 49532360004. Service was given on April 2nd, 2019. I would now like to present case evidence in the following exhibits: Five photos taken by myself on April 24th, 2019, and four photos taken by myself June 26th, 2019. CHAIRMAN KAUFMAN: Can I get a motion to accept the photos? MR. WHITE: Motion to accept photos. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: I heard you that time. June 27, 2019 Page 89 All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: April 24th, 2019, I observed overgrown grass in excess of 18 inches and a large amount of outside storage to include, but not limited to, construction materials, auto supplies and equipment, buckets, metals, parts and supplies, and an accumulation of miscellaneous items stored outside, which is not allowed in a residential community. These violations are reoccurring, as the owner has previously been cited in the past. Several attempts have been made to reach the owner, but I was unable to make contact with him. Neighbors state that owner's no longer residing at the property and only occasionally stops by to get his mail. At this point there has not been any change with the violations. That picture is showing the outside storage in the rear of the mobile home, high grass, high grass in the front. You can see that there's high grass and also outside storage along the side of the mobile. There's an accumulation of an assortment of items along the side and rear of the property; just a large accumulation. CHAIRMAN KAUFMAN: Okay. Have they been cited before? June 27, 2019 Page 90 MR. PITURA: We were here last month for the vehicles. They had been cited for this back in January 16th, 2018. So this would be reoccurring. CHAIRMAN KAUFMAN: So this becomes eligible for the bonus fine? MR. LETOURNEAU: Next time. MR. PITURA: Next time. CHAIRMAN KAUFMAN: Next time, okay. MR. LEFEBVRE: This is one of the most notorious code-violations properties in Collier County, to be honest with you. It's been an ongoing battle since I've been here for 20 years. MS. CURLEY: Is there children living there? MR. PITURA: Not that I know of. The owner, Mr. Valdastri, from what I understand from the neighbors, has just been coming in at night to pick up his mail maybe once, twice a week. I have tried to make contact with him. I have left my business card, door hangars. The notice is taped very well to the windows. MS. CURLEY: So is there people living there? MR. PITURA: Not that I -- I do not believe anybody's living there. I do not have proof of that. As it is, it's just Mr. Valdastri, I know, from talking to the neighbor that lives there. CHAIRMAN KAUFMAN: If this is bad for many years, I'm just curious why has it never been cited before? MR. LETOURNEAU: It's been cited, and he's cleaned it up right away on this particular violation. There's been many other ordinances that have been violated that have been, you know, repeats many times over. For some reason the litter an d the weeds he always took care of, and it never got to the point where we brought him to a hearing, which we should have. But we're correcting that right now. CHAIRMAN KAUFMAN: Okay. Well, does anybody want to make a motion whether a violation exists? June 27, 2019 Page 91 MS. ELROD: I'll make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. PITURA: Yes, I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.63 incurred in this prosecution of this case within 30 days, and abate all violations by: Number 1, removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated. Number 2, mowing or causing to mow all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches to a height not less than six inches within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated. June 27, 2019 Page 92 Number 3, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody want to take a shot at filling in the blanks? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll make a motion. 59.63 be paid within 30 days, violation be abated in 30 days or $100-a-day fine. MS. CURLEY: Is that number one? MR. WHITE: What about the mowing? CHAIRMAN KAUFMAN: Thirty days. MR. LEFEBVRE: And the fine? CHAIRMAN KAUFMAN: Hundred dollars a day. MS. CURLEY: Why so much time, boss? CHAIRMAN KAUFMAN: Well, we'll be back here next month. We'll see what happens. You've got to give him some time to get rid of that stuff. It's not a health and safety at this point, I am assuming. MR. PITURA: The high grass is. I mean, it's an issue. It's getting very out of control. MR. ORTEGA: Is there power to the building? I mean -- MR. PITURA: I believe there is. I have seen a fan running on the inside of the house. MS. CURLEY: I wonder if it's habitable. MR. LEFEBVRE: We're not here to hear that case. CHAIRMAN KAUFMAN: Okay. So I made a motion. Does June 27, 2019 Page 93 somebody want to second it? MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a second. If you want to change the time frame on it, make a suggestion, and we can certainly consider it. MS. CURLEY: When the discussion is called I will. CHAIRMAN KAUFMAN: Okay. Let's discuss the motion. (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. MR. LEFEBVRE: We have to have discussion. CHAIRMAN KAUFMAN: I gave you a chance. Do you want to change the dates? MR. LEFEBVRE: We voted on it, so... CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I think he can get a mower -- just after the fact. I think he could have somebody mow and clean that up a lot quicker than 30 days along with the trash. I don't think it's fair for the neighbors, especially since what the county said about how this property is an eyesore for everyone. MR. LEFEBVRE: We already voted. MS. CURLEY: I know we did, but there should have been active discussion on it. CHAIRMAN KAUFMAN: You had your chance. Okay. MS. ELROD: Next. June 27, 2019 Page 94 MS. GONZALEZ: Next case, Item 12 -- MR. PITURA: Thank you. MS. GONZALEZ: -- under hearings, CESD20190003630, Jean Darce, Rosela Joseph, and Roger Angervil, at 47 Royal Cove Drive. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. HARMON: Okay. For the record, Chris Harmon, Collier County Code Enforcement. This is in reference to Case No. CESD20190003630 dealing with violation of Collier County Land Development Code 04 -41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), structural addition to a mobile home without first obtaining required Collier County building permits. Located at 47 Royal Cove Drive, Naples, Florida 34110; Folio No. 71271920003. Service was given on April 9th, 2019, via posting. I would like to present case evidence in the following exhibits: One aerial photograph indicating the structural addition in question obtained from the Collier County Property Appraisers' website and seven photographs of the property I took on April 2nd, 2019. On April 2nd, 2019, I responded to 47 Royal Cove Drive in reference to a report of an unpermitted structural addition to a mobile home zoned property. I documented the structural addition and subsequently obtained a determination from the chief building official confirming that the addition to the property requires Collier County permits. To date the structural a ddition has not been removed, and no attendant permit application has been received. CHAIRMAN KAUFMAN: Okay. Could we get a motion from to the Board to accept the photos. MR. LEFEBVRE: Make a motion. MR. WHITE: Second. June 27, 2019 Page 95 CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. And let the record show that the respondent is not present. MR. LEFEBVRE: So it's that gray roof-like structure behind what looks like maybe a kitchen sink flipped over? MR. HARMON: Correct. CHAIRMAN KAUFMAN: I don't think that sink will hold much water. MR. LEFEBVRE: Not upside-down. Okay. CHAIRMAN KAUFMAN: This was damaged during Irma? MR. HARMON: Unclear. MR. LETOURNEAU: I think what happened is -- it looks like to me, after Irma he just went and gathered materials that blew around and built something there. CHAIRMAN KAUFMAN: I'm not so sure about "built." It looks like a pile. MR. LETOURNEAU: Placed. MR. LEFEBVRE: I make a motion a violation exists. MS. ELROD: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? June 27, 2019 Page 96 MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. We do have to get to the end of the pictures. MR. LEFEBVRE: Oh, okay. I apologize. CHAIRMAN KAUFMAN: That's okay. Unless they change your mind. MR. LEFEBVRE: My motion stands. CHAIRMAN KAUFMAN: Is that the last picture? MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: Do you have a suggestion for us? MR. HARMON: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount $59.56 incurred in the prosecution of this case within 30 days and abate all violations by: Must obtain all required Collier County building permit or demolition permits and request all inspections through certificate of completion/occupancy for the described structure/alteration within blank days of this hearing, or a fine of blank per day will be imposed unti l the violation is abated; Two, 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 June 27, 2019 Page 97 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 like to -- MS. CURLEY: I just have a question. So you're not citing them to clean up the trash or any of that? MR. HARMON: The specific complaint was for the structure and due to access. I understand the sink is not a part of the structure, but presumably the removal of that structure would then either result in a separate violation which would be cited at that time or -- I mean, basically, this structure needs to be removed. It's not going to be able to be permitted, so it was kind of just lumped into this violation. MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: Okay. Sue, you want to take a shot at this? MS. CURLEY: Someone else can. MR. LEFEBVRE: I'll do it. 59.56 paid within 30 days, 60 days to remove the structure or get permits, or $150 a day. CHAIRMAN KAUFMAN: Okay. Do we get a second? MR. WHITE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. June 27, 2019 Page 98 Thank you. MR. HARMON: Thank you. MS. GONZALEZ: And the next case is Item 20 under hearings, Case CESD20190001770, Morgan Stanley Capital Inc., 8360 Sierra Meadows Boulevard. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: Good morning. For the record, Supervisor Eric Short with Collier County Code Enforcement. CHAIRMAN KAUFMAN: Eric, before you begin, let the record show the respondent is not present. Is this the mortgage company? MR. SHORT: Through a foreclosure action, this property was returned to the bank. CHAIRMAN KAUFMAN: Okay. Good. MR. SHORT: This is in reference to Case No. CESD20190001770 regarding violations of the Collier County Land Development Code 04-41, as amended, Section 10.02.13(F), failure to submit an annual PUD monitoring report, located at 8360 Sierra Meadows Boulevard, Naples, Florida; Folio No. 30806000083. Service of the notice of violation was given on February 21st, 2019. I have no case evidence. I just have an aerial photograph to give you an idea where the property is located. This case originated on February 15th, 2019, as a referral from Collier County Project Management. This case was worked jointly with Laurie Beard, the project manager for Collier County. Several attempts to obtain the required annual monitoring report were attempted through email and phone conversation with representatives from Asset Recovery Group LLC. No correspondence has been received since mid May, and to date the violation remains as Collier County has not received the annual monitoring report. June 27, 2019 Page 99 CHAIRMAN KAUFMAN: Okay. We need to accept the photo as an exhibit. Get a motion from the board. MS. ELROD: 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. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. We used to get these PUDs all the time, and one of the board members used to make the motion on it all the time. Now the question is -- MR. LEFEBVRE: I don't remember who you're talking about. CHAIRMAN KAUFMAN: You used to work for his wife. You don't know who I'm talking about? Okay. Make a motion that a violation exists? MR. LEFEBVRE: Well, let me ask a question. Is there a -- did you say there's a building there or not? MR. SHORT: There is. There is an office building there. MS. CURLEY: Can you zoom up on that? MR. LEFEBVRE: So is this part of a larger PUD? MR. SHORT: It is, and this is specific to Lot 10. There's only one question on the -- they have to answer on the monitoring report. The deterrent is probably the fee that goes along with that. It's June 27, 2019 Page 100 around $18,000 for the fair share breakdown. MR. LEFEBVRE: This is on the corner of Rattlesnake Hammock and 951, correct? MR. SHORT: Yes, across from the Physicians Regional Hospital. MR. LEFEBVRE: Right. And that's a -- that PUD encompasses, I think, apartments, an assisted living facility, banks, a Racetrac, or one of those, I think, are looking to go in there or have. I'm not sure. MR. SHORT: Yeah. It's the Edison Village PUD. MR. LEFEBVRE: Okay. Oh. So it's part of Edison, not part of -- so specifically -- I'm just not understanding why this PUD hasn't been closed out if it's one building. MR. SHORT: So in order to get the development order, there are certain questions that have to be answered on an annual basis, and this one question has not been answered. MR. LEFEBVRE: But you have to answer that every year? CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: When it's completed -- a building's completed? MR. SHORT: To get the -- for the final development order, yes, but this is only specific to Lot 10 where -- MR. LEFEBVRE: I'm just trying to understand, is it built out -- Lot 10, is it built out? Why wouldn't they close out their portion so they only have to do an annual reporting? MS. CURLEY: Well, it went into foreclosure, and just the final case, the Naples Investment Group, the foreclosure case was completed and filed 10/3/2018, so there's obviously some timelines that have crossed. MR. LEFEBVRE: Is it a newer building that hasn't been completed? I'm just trying to understand why -- June 27, 2019 Page 101 MR. SHORT: All right. I have a comment here project manager that says, "Commitments deleted from the report and considered fulfilled are no longer monitored through the PUD annual monitoring process but are subject to compliance through ongoing maintenance and upkeep. Examples of these types of commitments include exotic vegetation removal, littorals, and landscaping." My assumption is it's a landscaping requirement and the maintenance of the landscaping. CHAIRMAN KAUFMAN: Going back a few years ago, we used to get these PUD cases all the time. We vote on them, they would notify the respondent, and that would be the last we'd see of them. MR. LEFEBVRE: We had one, falls of Portofino, but that's a prime example of the whole complex hasn't been complete. There's eight or 10 buildings there, maybe more, but there's still buildings that have to be built. So what I'm trying to get a t is what's outstanding that this PUD, or whatever it is, has not been closed. MR. SHORT: I believe, until the final development order is issued -- (Simultaneous speakers speaking.) MR. LEFEBVRE: It is because -- MR. SHORT: Each of these property owners have maintenance until that development order's issued, and then the county will back away at that point after the development order's issued. But in the meantime, while the rest of the PUD is ongoing, we're going to look at it, hey, are you still maintaining your landscape on each one of these until we have that final development order. MR. LEFEBVRE: Okay. So because of the Edison PUD, for lack of -- Edison Village, I think it is. Until that PUD is completed, all the individual, let's say, owners within that PUD have to complete this questionnaire every year? June 27, 2019 Page 102 MR. SHORT: Right. MR. LEFEBVRE: Okay. Now I have a better understanding. CHAIRMAN KAUFMAN: And I guess all the other owners did except them. Is that right, Eric? Otherwise we'd be getting this violation -- MR. SHORT: Right yeah. CHAIRMAN KAUFMAN: -- on all of them. So they all complied except for that one property. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: Okay. So would somebody like to make a motion, or do you have a suggestion for us, Eric? MR. LEFEBVRE: I make a motion that a violation does exist under the explanation -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- that Eric just gave. MS. ELROD: I'll second the motion. CHAIRMAN KAUFMAN: Say that again. MS. ELROD: I'll second the motion. CHAIRMAN KAUFMAN: Very good. MR. LEFEBVRE: I wasn't trying to grill you. I was just trying to understand it was one piece of property. MR. SHORT: Yeah, and I apologize. Normally I'd have an expert witness here, Laurie Beard herself, but she's going to be out of town this week. CHAIRMAN KAUFMAN: Okay. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. June 27, 2019 Page 103 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us, Eric? MR. SHORT: Yes. The county recommends that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.91 incurred in the prosecution of this case within 30 days and abate all violations by: One, filing an annual monitoring report with Collier County in accordance with Section 10.02.13(F) of the Collier County Land Development Code within blank days of this hearing, or a fine of blank dollars per day -- blank dollars will be imposed until the violation is abated. The respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Someone want to fill in the blanks? MR. LEFEBVRE: I make a motion that 59.91 be paid within 30 days, 45 days to get in compliance, or a $50-a-day fine. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion June 27, 2019 Page 104 on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Eric. MR. SHORT: Thank you. MS. GONZALEZ: Next case, under imposition of fines, Item No. 1, Case No. CELU20180014856, Progeny II Corporation, at 11410 Tamiami Trail East. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Well, Joe, do you want to read this into the record. I see that they have not paid their previously assessed operational costs. MR. MUCHA: Yep, that's correct. For the record, Joe Mucha, Collier County Code Enforcement. This is dealing with Case No. CELU20180014856. Violation of the Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Violation location is 11410 Tamiami Trail East, Naples, Florida; Folio 00439960009. Description of the violation was operating a used car business, Exotic Cars of Naples, on a C3 zoned property, not on the required June 27, 2019 Page 105 C5 zoned property. Past orders: On March 28th, 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, OR5618, Page 1819, for more information. The violation has not been abated as of June 2nd, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day for the period from May 28th, 2019, to June 27th, 2019, 31 days, for a total fine amount of $7,750. Fines continue to accrue. Previously assessed operational costs of $59.77 have not been paid. Operational costs for today's hearing: $59.28, for a total fine amount of $7,869.05. So I just wanted to put it on the record that I've been in touch with the owner of the property, and he actually submitted an email. He wanted to come and ask for more time. He's not h ere today, and he didn't pay the previously assessed operational costs. CHAIRMAN KAUFMAN: Yeah. He wouldn't have been granted any time. We wouldn't have heard -- MR. MUCHA: Right, exactly. But, I mean, they have been making efforts. There's actually only a handful of cars left. So I'm kind of shocked that he didn't show up today and pay his costs and, you know, he probably could have got some more time. CHAIRMAN KAUFMAN: He owns the property as well as the business? MR. MUCHA: No. The tenant was the one that was operating the business. CHAIRMAN KAUFMAN: The owner of the property is the one who contacted you or the -- June 27, 2019 Page 106 MR. MUCHA: Yes. I've been in touch with him, yes, sir. CHAIRMAN KAUFMAN: Okay. Yeah, I'm surprised he's not here either, and I'm even more surprised that they haven't paid the past operational costs. MR. MUCHA: He didn't come to the first hearing either, so I guess it's not a big surprise. MS. CURLEY: Did he tell you if they were having, like, eviction problems with the tenants? MR. MUCHA: No, no eviction problems. MR. LEFEBVRE: Question: The last case is this same case amending the order? MR. MUCHA: Yes. I think there was just an error with the case type that was recorded. MS. GONZALEZ: Yeah. MR. LEFEBVRE: We probably should amend that first before we do anything with imposition of this fine, right? Should that be done first? MR. LETOURNEAU: Yes. MR. SCHNEK: Mr. Chairman, if I may. CHAIRMAN KAUFMAN: Yes. MR. SCHNEK: The amendment to the previous order, it will be adopted and made effective, the date as listed in the current order. Because it's a scrivener's error, you can effectively make those minor amendments and it doesn't change the effective date. So you can take it before or after. MR. LEFEBVRE: What I'm trying to get at is we should probably, if we're going to impose a fine, impose fines on the correct order -- the corrected order. CHAIRMAN KAUFMAN: Well, the scrivener -- MS. CURLEY: That's what he just said that. CHAIRMAN KAUFMAN: -- I don't think -- I think that's June 27, 2019 Page 107 what -- it doesn't matter. MR. LEFEBVRE: It doesn't matter. MR. SCHNEK: You can take it up in either order and -- MS. CURLEY: Thank you. CHAIRMAN KAUFMAN: They'll both show the same date. They just won't show the time. Okay. So we have a case. Anybody want to make a motion to impose the fine? MS. CURLEY: I make a motion to grant the county's fine of $7,750. CHAIRMAN KAUFMAN: $7,869.05. MS. CURLEY: Oh, sorry. I was going to list the numbers separately, but whatever the total is, including the costs. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now -- June 27, 2019 Page 108 MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Go ahead, Joe. MR. MUCHA: No. I was just saying thank you. CHAIRMAN KAUFMAN: Oh. Now, do you want to call the next one, which is the -- to amend the order? MS. GONZALEZ: Yes, it's Item 1 under motion to amend previously issued order. Case No. CELU20180014856. We're amending the prefix. It got recorded with the correct number. It just got recorded with CEPM instead of CELU. CHAIRMAN KAUFMAN: Okay. Typo. Anybody want to make a motion to amend the order? MR. LEFEBVRE: Make a motion to amend the order as stated. MR. WHITE: Second. CHAIRMAN KAUFMAN: A motion and a second. All those in favor? MS. ELROD: Aye. MS. CURLEY: Aye. MS. BOWMAN: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. GONZALEZ: Thank you. The next item is Item No. 9 under imposition of fines, CESD20140017894, Jose Garcia at 2087 DeSoto Boulevard North. (The speaker was duly sworn and indicated in the affirmative.) MS. GUY: Good morning. CHAIRMAN KAUFMAN: Good morning. June 27, 2019 Page 109 MS. GUY: Paula Guy with Collier County Code Enforcement. This is in reference to an imposition of fines. CEB Case No. CESD20140017894. The violation is for Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). The location is 2087 DeSoto Boulevard, Naples, Florida; Folio 40420400004. The description of the violation is an incomplete home. Past orders: On May 28th, 2015, the Code Enforcement Board issued a findings of fact and 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, OR5163, Page 1490, for more information. On April 29th, 2016, respondent's motion for continuance of this case is granted. See the attached order of the Board, OR5270, Page 2598, for more information. On October 28th, 2016, the respondent's motion for continuance of this case is granted. See the attached order of the Board, OR5330, Page 3009, for more information. On May 25th, 2017, the respondent's motion for continuance of this case is granted. See the attached order of the Board, OR5400, Page 3547, for more information. On October 26th, 2018, the respondent's motion for continuance on this case is granted. See the attached order of the Board, OR5567, Page 3036, for more information. The violation has not been abated as of June 27th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from May 23rd, 2016, to June 27th, 2019. It's a total of 1,131 days, for a total fine amount of $226,200. Fines continue to accrue. June 27, 2019 Page 110 Previously assessed operational costs of 65.43 have been paid, and the operational costs for today's hearing are $59.91. Total amount: 226,259.91. I'd like to add to the record I have been in communication with the property owner. He is still trying to obtain financing through a private lender to move forward. He was supposed to have been here today, but for some reason he did not show. MR. LEFEBVRE: If I'm not mistaken, this house is a real large house; is that correct? MS. GUY: It's large. MR. LEFEBVRE: Five, 6,000 feet or something? MS. GUY: I don't have the plans. I have the permit that expired this year -- MR. LEFEBVRE: I think so. MS. GUY: -- but I haven't been on the interior, but it is -- CHAIRMAN KAUFMAN: It's a big house. MS. GUY: It's a big house. I believe it's supposed to be a four- or five-bedroom house. CHAIRMAN KAUFMAN: That's a technical term. It's a big house that has violations almost two hundred and -- a quarter million dollars. MR. LEFEBVRE: I think he's been in front of us. MS. GUY: He has. He's been in front of you and been granted four continuances. MR. LEFEBVRE: Right, right. But he physically came here before, if I'm not mistaken. MS. GUY: That's correct. He was coming today. I don't know why he hasn't appeared. MR. LEFEBVRE: Could we possibly pull this and hear it next -- I mean, is there anything that is health and safety at this -- MS. GUY: Absolutely not. The home is secured. There's no June 27, 2019 Page 111 health-and-safety issues there. MR. LEFEBVRE: Well, I don't know what the -- CHAIRMAN KAUFMAN: Chris? MR. AMBACH: For the record, Chris Ambach, Code Enforcement. The only issue is all of his permits have expired now. MS. GUY: In May. MS. CURLEY: No special treatment here. MR. LEFEBVRE: Two thousand what? MS. GUY: 2019 is his -- MR. AMBACH: Two months ago they expired. MR. LEFEBVRE: In May. MS. GUY: Correct, in May of this year. CHAIRMAN KAUFMAN: Let me tell you what's going to happen. If he gets financing or whatever, he's going to go to the County Commissioners, and they are going to see this huge fine, and they will make the proper decision at that time. MR. LEFEBVRE: But if we're trying to impose the fines, that might preclude him from getting financing, if it's not recorded. He stated in a phone conversation that he was going to be here. So if we withdraw the case, he would have the opportunity to be here next month. MS. CURLEY: Wait. Did you say that he said he was going to be here, or did you say you were surprised he wasn't here? MS. GUY: He was inclined -- he said that he was coming to the hearing. I recommended that his presence was imperative. MS. CURLEY: Well, if he cared, he wouldn't have let his permits expire two months ago. CHAIRMAN KAUFMAN: Which brings us to, does somebody want to make a motion? MS. CURLEY: I make a motion to grant the county's fines as stated: $226,259.91. June 27, 2019 Page 112 CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? (No response.) MS. CURLEY: There's no one that's going to second that? Just because it's a big, fancy expensive house? MR. LEFEBVRE: No, not that at all. It was that he stated to the investigator that he was going to be here; he isn't. And it's a huge amount of money. MS. CURLEY: Well, let him do the gymnastics with the County Commissioner then when he realizes that he made a mi stake. It's not our job to take up for somebody's insubordination. He could have been four hours late and still made his hearing. He's not here. MR. LEFEBVRE: But we've had multiple continuances, and I do remember him coming here before, so... MS. CURLEY: Well, we're not here to hear the case. We're here to impose fines. MR. LEFEBVRE: We're not hearing the case. I'm just stating that in other times I know this individual has been here, in other times, so... MS. CURLEY: The only thing we can assume is that because he let the permits expire more than two months ago that he may have given up. CHAIRMAN KAUFMAN: Well, let me just -- if the motion fails -- and we haven't gotten to a second yet. But if the proposed motion fails, what happens to the fine? MR. LETOURNEAU: Well, seeing that the flavor of the Board is that this thing might -- they're having some kind of qualms with this at this point because the gentleman's not here, obviously the county would withdraw it until next month but saying that I would hope the Board would be a little bit stronger in imposing the fines if the gentleman didn't show up again next month. June 27, 2019 Page 113 MR. LEFEBVRE: Well, not only showing up, but having the permits reactivated. MR. LETOURNEAU: Right. I mean, the permits -- MR. LEFEBVRE: Showing that there's progress -- MR. LETOURNEAU: We're here five years. This is a 2014 case, so -- MR. LEFEBVRE: Has he owned it the whole time? MS. CURLEY: It's almost fraud that you don't want to impose the fines because you want his lender not to see that he has all this money, you know, getting ready. MR. LEFEBVRE: It's not fraud. I'm not saying that's the only reason. I'm saying because he stated that he was going to be here; he planned on being here; he isn't. It's a huge amount of money to impose. It's not just flippantly imposing a -- CHAIRMAN KAUFMAN: Let me throw out another option that could happen. Instead of imposing $226,000, you could impose $100,000, as an example. But I think the cleaner way to go is what Jeff has recommended. MR. LETOURNEAU: So at this point the county is going to bring it back next month, you know, just with the saying that if the gentleman isn't here, we're five years down the road. I would hope the Board would take that into factor and impose the fines at that point, especially if the permits are still expired. MS. CURLEY: Well, to the point that these are of record and he could -- and anyone who is investigating this gentleman like, as you say, for protection of his -- you know, him to get financing, they can still see this, and they could see the timeline where it's expiring, so... MR. LEFEBVRE: Here's the thing: If this impedes him from -- if we impose a fine and this impedes him from getting financing, do you think it's going to be corrected? No, it's not going to be June 27, 2019 Page 114 corrected. So another month -- MS. CURLEY: He's been impeded from getting financing, or he would have gotten it. MR. LEFEBVRE: Waiting another month -- and if I remember correctly when he was here one of the times, he did say that he's trying to do this without financing, and that was back one of the times -- I can't remember the last time he was here, but I do remember this, large it was a house, and he was trying to do this without financing. So I think another month for him to try to line a few things up -- maybe he has financing. Maybe he's starting again. That's-- I think just to impose 220 -- I don't know if this board has imposed a fine this large. CHAIRMAN KAUFMAN: Well, we have. MR. LETOURNEAU: And I would say that -- MR. LEFEBVRE: It's not often. MR. LETOURNEAU: -- we wouldn't have scheduled this for the imposition if the fines (sic) were still active, because we would be still -- you know, obviously, he was showing signs that he was working with us. But the permits have been expired for a period of time now, and that's -- you know, I just -- per our policy, there's been no movement, there's been no recent signs of trying to come into compliance. We bring it for imposition at that point. MS. CURLEY: If it was $26,200, we would impose the fines and hope that they would come back and do whatever they have to do. It shouldn't matter the amount, whether it's huge or not or whether it's an eight-bedroom house or a mobile home that's damaged. We have to follow similar rules and enforcement. The person's not here. We've never given a lot of respect for somebody that doesn't show up for the meeting. You didn't get a call stating he broke his leg; he was in a car accident. He's not here. You have nothing. June 27, 2019 Page 115 MR. ORTEGA: Is there any activity on site? MS. GUY: No. The work has ceased. There's been no more work. The permits are expired, so even if he did have the finances to move forward, he can't because he doesn't have authorized permits. MR. ORTEGA: I understand that, but from the last few times that you've been there -- I would imagine every 30 days? MS. GUY: That would be correct. MR. ORTEGA: No activity? MS. GUY: No activity. MS. CURLEY: Even when the permits were active? This year? MS. GUY: I have never seen workers there when I've -- MS. CURLEY: Thank you. MS. GUY: -- been there when the permits were active. I can add to the record -- and also communication this week did take place with our private lender that is working very hard to get the financing for the owner, for Mr. Garcia, and I advised him to do the request payoff through the Collier County website and to go through the administrative code enforcement to acquire the exact amount of fines that are running to date, and that was Tuesday of this week, which would have been the 25th. CHAIRMAN KAUFMAN: Okay. I don't want to quote someone from the Board who says he can build a high-rise in less time. You can almost build a city in less time. MR. LETOURNEAU: To make everybody feel more comfortable, the county's going to withdraw it at this point. If the gentleman does get the permits extended during that month, we won't bring it back. But if it -- if they go expired again at any point, we're going to bring it back, and hopefully at that point, you know, six years down the road we're going to -- you know, you guys take a hard look at it. MS. CURLEY: Thank you. June 27, 2019 Page 116 CHAIRMAN KAUFMAN: Especially not being present. MR. ORTEGA: Is that something that you'll be in contact with and explain to him? MS. GUY: That would be correct, yes. MR. ORTEGA: That it's in his best interest to reapply for the permits -- MS. GUY: Yes. MR. ORTEGA: -- or extend the permits? Excuse me. MS. GUY: Yeah, he needs to get another extension, yes. MR. LETOURNEAU: You know, I don't even know how many times he's had it extended. I don't know if the building official's, you know, going to allow another extension at this point. CHAIRMAN KAUFMAN: Six times. MR. LETOURNEAU: So, you know, there's all sorts of questions. MS. GUY: Yeah. The permit -- building permit is from 2014. MR. LEFEBVRE: So, yeah, there's probably been a few extensions already. So, you know, I think the general thing is that it's a monetary situation with this gentleman. I would have hoped he would have showed up today though. That's the big issue. CHAIRMAN KAUFMAN: Well, had he shown up today, that doesn't mean that the Board would have granted him anything. MR. LETOURNEAU: But he could have pled his case a lotter better than I am pleading his case, that's for sure. CHAIRMAN KAUFMAN: He could have pled his case. Okay. So you'll withdraw that and bring it back? MR. LETOURNEAU: We'll withdraw it until next month, or he gets the permit extended. MS. GUY: Thank you for your time. CHAIRMAN KAUFMAN: Okay. Next meeting is? MS. GONZALEZ: Next meeting is Thursday, July 25, 2019. June 27, 2019 Page 117 CHAIRMAN KAUFMAN: Okay. Are we done? MS. GONZALEZ: We're done. CHAIRMAN KAUFMAN: We are adjourned. ***** June 27, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 12: 10 p.m. t ap FORCE NT BOARD .tom R• :ERT.<< I;it MAN, AIRMAN 7 These minutes approved by the Board on _ L 7a, 2j( ? , as presented ✓ or as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, FPR, NOTARY PUBLIC/ COURT REPORTER. Page 118