CEB Minutes 07/25/2019July 25, 2019
Page 1
TRANSCRIPT OF THE MEETING OF THE
COLLIER COUNTY CODE ENFORCEMENT BOARD
Naples, Florida, July 25, 2019
LET IT BE REMEMBERED, that the Collier County Code
Enforcement Board, in and for the County of Collier, having
conducted business herein, met on this date at 9:00 a.m., in
REGULAR SESSION in Building "F" of the Government Complex,
East Naples, Florida, with the following members present:
CHAIRMAN: Robert Kaufman
Sue Curley
Ron Doino
Gerald J. Lefebvre
Kathleen Elrod (Absent)
Herminio Ortega (Absent)
Chloe Bowman (Absent)
ALSO PRESENT:
Jeff Letourneau, Manager of Investigations
Jed R. Schneck, Attorney to the Board
Elena Gonzalez, Code Enforcement Specialist
Helen Buchillon, Code Enforcement
July 25, 2019
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CHAIRMAN KAUFMAN: Good morning, everybody. I'd like
to call the Code Enforcement Board to order.
If you have a cell phone, perfect opportunity to turn off the
ringer.
Respondents may be limited to 20 minutes for case presentation
unless additional time is granted by the Board. Persons wishing to
speak on any agenda item will receive up to five minutes unless the
time it adjusted by the Chairman. All parties participating in the
public hearing are asked to observe Robert's Rules of Order and
speak one at a time so that the court reporter can record all statements
being made.
Any person who decides to appeal a decision of this board will
need a record of the proceedings pertaining thereto and, therefore,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based. Neither Collier County nor the Code
Enforcement Board shall be responsible for providing this record.
If you'll all rise, we'll do the pledge.
(The Pledge of Allegiance was recited in unison.)
CHAIRMAN KAUFMAN: Okay. Helen, why don't we start
with the roll call.
MS. BUCHILLON: Good morning. For the record, Helen
Buchillon, Code Enforcement.
Mr. Robert Kaufman?
CHAIRMAN KAUFMAN: Here.
MS. BUCHILLON: Mr. Gerald Lefebvre?
MR. LEFEBVRE: Here.
MS. BUCHILLON: Mr. Ronald Doino?
MR. DOINO: Here.
MS. BUCHILLON: Ms. Sue Curley?
MS. CURLEY: Here.
July 25, 2019
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MS. BUCHILLON: And Ms. Kathleen Elrod has an excused
absence, and also Ryan White has turned in his resignation due to he
moved from the county.
CHAIRMAN KAUFMAN: Chloe?
MS. BUCHILLON: Chloe, I haven't heard from her or
Herminio.
CHAIRMAN KAUFMAN: And Herminio?
MS. BUCHILLON: I haven't heard from him either.
CHAIRMAN KAUFMAN: Okay. I wanted to take a minute to
thank Ryan White for participating in the Board. Unfortunately, for
us, he has moved out of Collier County to Lee County, and we're
going to miss him. He brought a certain expertise to this board that
we needed. He did a lot of the building around Collier County and
answered a lot of the questions for the Board.
So, again, thanks to Ryan White. We appreciate it. He's
probably watching now.
Okay. I'm sure everybody -- I said this the last meeting.
Everybody stayed up all night reading the minutes. Does anybody
have any changes to the minutes?
MS. CURLEY: Motion to accept.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: Motion and a second. All those in
favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Which brings us to the agenda. So you want to go through any
July 25, 2019
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changes?
MS. BUCHILLON: Absolutely.
We're going to start off -- we have seven stipulations.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: And I'll start with the first one.
Number 4, CESD20180015605, Michael J. Riccio and Regina A.
Riccio.
Number 15, CEV2019000468 (sic), Prime Homes at Portofino
Falls.
Number 16, CEV20190000476, Prime Homes at Portofino Falls.
Number 5, CENA20180015763, David and Lucretia Revocable
Trust.
Number 3, CELU20180014672, Jonathan F. Mejia Ochoa and
Maria Deleres Ochoa Almaraz.
Number 23, CELU20190005606, Jay Gruber and Allison
Gruber.
And No. 2, CEPM20190003619, FYR SFR Borrower LLC, care
of HavenBrook Homes.
Those are all the stipulations. Now we have withdrawals.
CHAIRMAN KAUFMAN: Okay. Why don't you go to the
withdrawals.
MS. BUCHILLON: Okay. Under Public Hearings No. 1,
CENA20180010797, Morton & Wasmer Investment LLC, has been
withdrawn due to voluntary compliance.
Number 6, CESD20190002532, Miguel Cuellar, has been
withdrawn due to compliance efforts.
Number 7, CESD20180014479, Manuel Romero and Adriana
Romero, has been withdrawn due to compliance efforts.
Number 9, CESD20180015180, James Clay, has been
withdrawn due to attorney wants more time.
Number 10, CENA20180015158, Robert A. Flick Revocable
July 25, 2019
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Trust, has been withdrawn due to compliance efforts.
Number 11, CENA20180015159, Robert A. Flick, has been
withdrawn due to compliance efforts.
Number 13, CENA20180015160, Dorothy C. Bricher, has been
withdrawn due to voluntary compliance.
Number 14, CEAU20180015014, Hidden Cove Condominium
Association, has been withdrawn due to compliance.
Number 17, CELU20180006810, Theodore and Helen Allaix
Trust, has been withdrawn due to compliance.
Number 18, CEPM20180004013, Betty Jo Robertson and Judy
Anne Blake, has been withdrawn due to compliance efforts.
Number 19, CESD20180010758, Reford Young, has been
withdrawn due to compliance efforts.
Number 22, CESD20180014960, Joshua Thompson, has been
withdrawn due to respondent will be out of town.
Number 24, CEPM20190002576, Lloyd L. Bowein, has been
withdrawn due to building official.
Under Imposition of Fines, No. 6, CESD20180000943 ADGNP
Mortgage Inc, has been withdrawn due to compliance efforts.
Number 7, CESD20160015129, Luis Flores Salceiro, has been
withdrawn due to compliance efforts.
And those are all the changes.
CHAIRMAN KAUFMAN: Okay. Take a motion to accept
the --
MR. DOINO: Motion to accept --
CHAIRMAN KAUFMAN: -- agenda. We have a motion.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: And a second to amend the agenda.
All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
July 25, 2019
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CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You want to hear the stips first, or you want to hear the motion
for continuances first?
MS. BUCHILLON: We're going to start with the motion to
continuance (sic) first.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Under public hearings, No. 1,
CESD20180002267, Joseph Costa Jr. and Charles Beauregard.
CHAIRMAN KAUFMAN: Do we have a letter in the package
on that, or is that online?
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MR. BEAUREGARD: Good morning.
CHAIRMAN KAUFMAN: You're requesting -- Joe, I'll pass on
you until we hear from the respondent.
MR. BEAUREGARD: Yeah. I'm requesting a little bit more
time. I didn't receive my permits till the beginning of March. And as
I explained the last time I was here, I have a full -time job. I'm a golf
professional at Fiddler's Creek so. My time to work on the house was
not freed up until May. So I've made considerable progress.
The house is about 80 percent done. I've gone through quite a
few of the inspections, and everything's passing. So I'm just looking
for about six more weeks to get it done.
CHAIRMAN KAUFMAN: Okay. Joe, any problem?
MR. MUCHA: For the record, Joe Mucha, Collier County Code
Enforcement.
His permit has just had a recent passing inspection as of
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July 19th, so it sounds like he just needs a little bit more time. He's
been keeping in touch with me, and everything's moving along.
CHAIRMAN KAUFMAN: Well, this is July? August --
probably the September meeting would be in line?
MR. MUCHA: Sounds good.
CHAIRMAN KAUFMAN: Okay.
MR. BEAUREGARD: That would be great.
CHAIRMAN KAUFMAN: Anybody want to make a motion to
grant or not grant a continuance?
MR. DOINO: Make a motion to grant.
CHAIRMAN KAUFMAN: We have a motion. Do we have a
second?
MS. CURLEY: Second.
CHAIRMAN KAUFMAN: And we have a second. Any
discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. So you'll be on the docket for September, okay? That
should give you six weeks plus.
MR. BEAUREGARD: Thank you very much. Okay.
Appreciate it.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Next on the agenda, No. 2, Motion for
Extension of Time, CESD20180010414, Thomas A. Gray and Carla
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Fingar.
(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. GRAY: Good morning. Thomas Gray.
CHAIRMAN KAUFMAN: Okay. And you're here to request
an extension --
MR. GRAY: Yeah.
CHAIRMAN KAUFMAN: -- or continuance.
MR. GRAY: Due to some problems that I've run up with the
architectural drawing. The guy was just stringing me along, and then
I finally got the drawing; I turned it in. And I called about two weeks
later to find out what was going on with my permit, and they couldn't
find my paperwork.
So I have a friend that works in the office over there at
Horseshoe Drive. She helped him find it.
Anyway, to make a long story short, my permit has been is sued,
and I'm going to pick it up this afternoon.
CHAIRMAN KAUFMAN: Okay. And how much time do you
need?
MR. GRAY: I'd say -- I'm not familiar with how long the
process takes, but I would say probably 60 days.
CHAIRMAN KAUFMAN: Okay. Is that to get the permit?
Are you doing it by affidavit, or are you -- work has to be done?
MR. GRAY: The work is done. I just need the permit so that I
can have the inspections.
CHAIRMAN KAUFMAN: Okay. Joe?
MR. MUCHA: For the record, Joe Mucha, Collier County C ode
Enforcement.
I think -- I would do 90 days just to be safe probably, because I
don't --
July 25, 2019
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MR. GRAY: Thank you.
MR. MUCHA: Ninety days is safe.
CHAIRMAN KAUFMAN: Okay. The weather will be better in
October also.
MR. GRAY: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: And if there's any issues that has to be
resigned or re -- you know, redone.
MR. GRAY: It will give me time.
MR. LEFEBVRE: It will give you a little bit of extra time. So I
make a motion to continue for 90 days.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. GRAY: Thank you. Thank you, Joe.
CHAIRMAN KAUFMAN: Thank you.
MS. BUCHILLON: Okay. We're going to start with the
stipulations.
CHAIRMAN KAUFMAN: Number 4?
MR. LETOURNEAU: One moment.
MS. BUCHILLON: We have a change to the agenda.
CHAIRMAN KAUFMAN: Okay.
July 25, 2019
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MS. BUCHILLON: We have another withdraw. Under
imposition -- no, under regular hearings, No. 8. No, wait. Hold on.
I'm sorry. That's under imposition of fines. I'm sorry. Number 8,
CEROW20180004006, Luis Patino and Papadorelly LLC. It's in
compliance, but they want the gentleman to come back and ask to
have the fines reduced or waived.
MR. LETOURNEAU: Yeah, he wasn't here today, and we
wanted to give him the opportunity to come back next month to ask.
CHAIRMAN KAUFMAN: So you withdraw it?
MR. LETOURNEAU: Yeah.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board to accept the adjustment to the agenda.
MR. DOINO: Make a motion.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously. It's done.
MS. BUCHILLON: We're going to go ahead and start with
stipulations.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Stipulation, No. 4, CESD20180015605,
Michael J. Riccio and Regina A. Riccio.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning.
MR. MARCHAND: Good morning.
CHAIRMAN KAUFMAN: Let the record show the respondent
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is not present.
And you want to read the stipulation into the record?
MR. MARCHAND: Yes. For the record, Investigator William
Marchand, Collier County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $59.56 incurred in
the prosecution of this case within 30 days of this hearing;
Two, abate all violations by: Obtaining all required Collier
County building permit/permits, demolition permit, inspections, and
certificate of completion for the staircase, and complete second floor
of the dwelling within 210 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 the property owner.
CHAIRMAN KAUFMAN: Okay. Two hundred ten days. If
my arithmetic is correct, that's, like, 30 months; is that correct?
Seven months?
MR. MARCHAND: Seven months.
CHAIRMAN KAUFMAN: Seven months; excuse me.
What is the scope of the work that needs to be done?
MR. MARCHAND: A permit needs to be gotten for a staircase
and a complete second floor.
CHAIRMAN KAUFMAN: A complete second floor addition?
MR. MARCHAND: Yes.
July 25, 2019
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CHAIRMAN KAUFMAN: And the permits were applied for?
MR. MARCHAND: No. They hired an engineer, so they're
working on it as we speak.
MR. LEFEBVRE: The second floor is enclosed within the
structure already, correct?
MR. MARCHAND: Yes. It's a condo.
MR. LEFEBVRE: It's a villa in King's Lake that is tall.
MR. MARCHAND: Yes.
MR. LEFEBVRE: And he just made a second floor out of it.
MR. MARCHAND: Yes, correct.
MR. LEFEBVRE: Okay. So it's not an addition. It's just
adding a second floor within the structure.
MR. MARCHAND: Correct.
CHAIRMAN KAUFMAN: Okay. And you feel confident that
they are going to be able to pull the permit?
MR. MARCHAND: Yes, I believe so.
CHAIRMAN KAUFMAN: And get this done in seven months?
MR. MARCHAND: Yes.
CHAIRMAN KAUFMAN: Okay. Any comments from the
Board?
MR. LEFEBVRE: Make a motion to accept with operational
costs in the amount of 59.56 to be paid within 30 days.
MR. DOINO: I'll second it.
CHAIRMAN KAUFMAN: Okay. That's in the -- that's in the
stipulation, the 59-.
MR. LEFEBVRE: It is. I just want to have that stated.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
MR. DOINO: Second.
CHAIRMAN KAUFMAN: Second. All those in favor?
MS. CURLEY: Aye.
July 25, 2019
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MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously. Thank you.
MR. MARCHAND: Thank you.
CHAIRMAN KAUFMAN: He didn't get one. Put that with
yours. We have two over here now.
MS. BUCHILLON: The next Stipulation, No. 5 under
Hearings, CENA20180015763, David and Lucretia Revocable Trust.
CHAIRMAN KAUFMAN: So you're taking these in a different
order than you repeated?
MS. BUCHILLON: Yeah, I was -- I don't see John. I think he
might have stepped out for a minute.
CHAIRMAN KAUFMAN: "Yes" is a good answer.
MS. BUCHILLON: Yes.
CHAIRMAN KAUFMAN: Okay. Good morning, sir. Let the
record show the respondent is not present.
MR. JOHNSON: He actually is.
CHAIRMAN KAUFMAN: He is. Ah, okay.
Do you want to read through --
(The speaker was duly sworn and indicated in the affirmative.)
MR. JOHNSON: And for the record, John Johnson, Collier
County Code Enforcement.
CHAIRMAN KAUFMAN: Okay. You want to read through
the stipulation; then I'll ask if the respondent would like to make any
comments after that, okay?
MR. JOHNSON: Therefore, it is agreed between the parties that
the respondent shall:
One, pay operational costs in the amount of $59.77 incurred in
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the prosecution of this case within 30 days of this hearing;
Number 2, must remove or cause to remove any unauthorized
litter including, but not limited to, downed trees, downed vegetative
debris, and non-vegetative litter to an area intended for such use
within 365 days, or a fine of $50 a day will be imposed until the
violation is abated;
Number 3, in addition, the respondent must obtain all required
Collier County approvals, permits, inspections, and certificates of
completion and remove any and all Collier County prohibited exotic
vegetation that exists within a 200-foot radius of any improved
property within 365 days, or a fine of $50 a day will be imposed until
the violation is abated;
Number 4, respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance; and,
Number 5, that if the respondent fails to abate the violation, the
county may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Helen, this is Case No. 15?
MS. BUCHILLON: No, this is No. 5.
MS. CURLEY: 5D5. I have a question. Is the respondent
outside or something?
MR. JOHNSON: No. The respondent is right here, but I can
answer questions for you if you want, and then Mr. Woodworth, he
would be willing to speak if you need him.
MS. CURLEY: Is this a vacant acreage or something?
MR. JOHNSON: That's a good question. Yeah, I guess it
doesn't show it there. It is an unimproved lot surrounded by
improved residential lots, and it's heavily wooded and, unfortunately,
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the exotics are entangled with the native vegetation.
And he's actually been working on this for months. He's
probably got 30 percent of it done, and he just needs more time. And
we're coming upon the rainy season.
I had Vicki -- Investigator Vicki Giguere out there, and we
actually tagged and identified all the exotics. It's quite a bit. Even
though it's a small lot, it's quite a bit.
Obviously, he can't go in there with machinery, so he has to do it
by hand. And he's doing it himself, which is his prerogative so --
CHAIRMAN KAUFMAN: I have one question. It said -- is
there trash on the lot as well?
MR. JOHNSON: Well, there's a couple of items that I included
in there. There's some cinderblocks. There was a -- there was a
structure on that years and years ago. So there's a couple of items left
from that that I'm sure should be removed, and he's going to take care
of that as well.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: And how did you get notified of this violation?
A neighborhood complaint?
MR. JOHNSON: I believe this came -- and I don't have it in
front of me, but I believe this came from the Bayshore CRA.
MS. CURLEY: To me it just seems like a really long time to
give this person if it's in a neighborhood community that is not
benefiting from this.
MR. JOHNSON: It is a long time. Again, it's our
recommendation, just for the scope of work and how the work has to
be done on these. Again, you can't bring any -- well, unless you get a
permit, which would be difficult to get there.
He's doing it by hand. We're coming into the rainy season. We
want to give him -- he wants to comply. He wants to do the right
thing. So that's my recommendation, or the county's
July 25, 2019
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recommendation.
MR. LEFEBVRE: What's the reasoning behind not having
machinery come in?
MR. JOHNSON: Well, it requires a permit, and then your
machines cannot drive over the root balls of native trees because you
could damage the root balls. You know, it's an unimproved lot. So
he doesn't -- you know, there's no right-of-way permit or anything for
him to work on that with machinery. So there is a process there. It's
a little involved, and --
MS. CURLEY: But there's also the ability for him to hire
people to come on and assist him in doing this quicker.
MR. JOHNSON: Absolutely.
MS. CURLEY: Which I'm not seeing that as an option that he's
--
MR. JOHNSON: Well, I don't know if I can have him do that.
MS. CURLEY: Right.
MR. JOHNSON: You know, he's chosen a solution, and I'm
recommending that.
CHAIRMAN KAUFMAN: Okay. Sir, do you want to speak?
MR. WOODWORTH: Not -- I don't need to speak.
CHAIRMAN KAUFMAN: Okay. If you speak, you have to be
sworn in.
COURT REPORTER: I need to swear you in.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Okay.
MR. WOODWORTH: You know, I -- it's a very heavily
wooded lot, and there's improved property all around it, okay. And
that's -- I did get, you know -- I think it was in June that we actually
tagged the different types, and there are multiple types of exotics
there. And, you know -- you know, it's something that I -- you know,
I took pictures at the time, so I'm working my way back.
July 25, 2019
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I think I'm probably, like, 30 feet from the road, you know, at
the moment, and the lot is 135 feet. So I'm working, you know. And
you can only get -- you have to go through the wood, you know, and
then carry -- well, certain exotics have to be put in the trash, it seems,
you know, like the air potato, and that tangles up and, you know, it's
a -- you have to actually pull the roots up and, you know, it's all
handwork. I mean, it's, you know --
MS. CURLEY: I just have a concern that by the time you get it
done, it's going to -- you're going to have to start over from the
beginning.
MR. WOODWORTH: Well, I'm -- every time I go back I
sweep from the front again, okay, just in case I missed something,
yeah. I think it's very doable. There's been a lot of rain lately, you
know, over the last month, and I haven't made as much progress as I
would have liked, but -- and probably -- it will be probably
September before things start slowing down or maybe even October
that it dries out, you know, but --
CHAIRMAN KAUFMAN: Is it mostly air potato?
MR. WOODWORTH: Hopefully I will be done before the --
you know, this stipulation, or I hope to have it done by the end of the
year, really, but --
MR. JOHNSON: Mr. Kaufman and Board.
CHAIRMAN KAUFMAN: Yes.
MR. JOHNSON: There is also large trees that came down from
Irma that have been partially cut up by the neighbor, and then the
other side neighbor had exotics which were on both Mr. Woodworth's
property and the neighbor's property, which it took us a while to get
those resolved, but those have been resolved. There's a whole
process here that is working. Maybe not in the most timely fashion,
but it is -- I believe it is working.
CHAIRMAN KAUFMAN: Okay.
July 25, 2019
Page 18
MR. LETOURNEAU: And, Mr. Kaufman, I'd just like to point
out about mechanical removal, when you need to get a vegetation
removal permit. What that means is they can't have wheeled vehicles
running through the property. DEP, our environmentalists, frown on
driving over the roots of, like, native trees such as oak trees.
He can use chainsaws without a permit, so I just want to point
that out. He does have that option. But, you know, it's better for the
county to have him hand remove it rather than destroy the native
vegetation on this piece of property.
CHAIRMAN KAUFMAN: Okay. Is a lot of the violation air
potato?
MR. WOODWORTH: That and -- yeah, air potatoes is all --
going back, yes, it's --
CHAIRMAN KAUFMAN: Are you aware there is a beetle that
you can get from the environmental folks that eats air potato?
MS. CURLEY: It doesn't kill them though. It just --
CHAIRMAN KAUFMAN: It just eats all the leaves, and then
they die.
MS. CURLEY: No, they still live.
MR. WOODWORTH: Well, I was told by Vicki that you
couldn't spray it, okay.
CHAIRMAN KAUFMAN: No, this isn't spray. This is a beetle
that eats air potatoes. I used it in one of my neighbors' lots, and it ate
them all, so -- and then they reproduce. So you might want to take a
look at that as one of the things to keep you from trying to pull all
those vines down. Okay.
Sue?
MS. CURLEY: I just have some personal experience where I
had to manage a neighbor's trees because they weren't timely
removing their trees, and I found it to be a difficult process, and I had
to expense personally my own money to manage somebody else's
July 25, 2019
Page 19
fallen trees.
And so I just think that what you said, you know, neighbors had
to cut trees that were his that fell. I mean, we all we're exposed to
Hurricane Irma, and it's almost two years. And I just think that the
process could be a little bit faster if you had more than one person.
MR. WOODWORTH: The trees he cut were on his property
that fell on his property.
MS. CURLEY: All --
MR. WOODWORTH: But then he deposited them back on my
property but, you know --
MS. CURLEY: All I'm saying is it just seems to me -- I
understand that you say it's working, but if I was one of the nice
neighbors, I would want it to not be two years to fix.
MR. LEFEBVRE: The adjoining lots, do they have houses on
them, or are they vacant?
MR. JOHNSON: Yes. The adjoining lot to the west has a
single-family residence on it. The adjoining lot to the east is actually
apartments.
MR. LEFEBVRE: Okay.
MR. JOHNSON: Areca -- 3100 Areca Apartments that were
just purchased, and then I'm not sure behind it. I'd have to look at the
aerial again of what's behind it, but I'm sure there's other residential
behind it, and across the street there's residential. It's surrounded by
improved properties, yes, sir.
MR. LEFEBVRE: Okay.
MS. CURLEY: Okay. So then there's no homeless camps or
anything set up back in there where that debris is?
MR. JOHNSON: No, not in Mr. Woodworth's lot. Now, we've
had homeless around the Areca area before. But in his lot it's so thick
back there, I'm not sure a person could go back there.
MS. CURLEY: Well, it's good he's clearing it out for them.
July 25, 2019
Page 20
MR. JOHNSON: Yeah, it is great, but I don't think that's the
reason why he's doing it though.
CHAIRMAN KAUFMAN: So the scope of it as far as the trash
is concerned, it's not really trash. It's old building materials?
MR. JOHNSON: Yeah. It's left -- there's some leftover blocks.
I think there was one tire.
Mr. Woodworth, is that right? There was, like, one. It's just a
few items, but because we are so thorough here at Code Enforcement,
we wanted to include everything.
MR. LETOURNEAU: A lot of vegetative debris.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: Okay. So I'll make a motion to accept the
stipulation as written.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
MR. DOINO: Second.
CHAIRMAN KAUFMAN: And we have a second. Any
discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Well --
MR. WOODWORTH: Thank you.
CHAIRMAN KAUFMAN: -- get working.
MR. JOHNSON: Thank you.
July 25, 2019
Page 21
MS. BUCHILLON: Next Stipulation, No. 15,
CEV20190000468, Prime Homes at Portofino Falls.
(The speaker was duly sworn and indicated in the affirmative.)
MR. FUENTES: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. FUENTES: For the record, Code Enforcement
Investigator, John Fuentes.
Yesterday evening I met with Danilo Baltista (phonetic),
Property Manager for Portofino Falls, in regards to Case No.
CEV20190000468, and came into an agreement with a stipulation
which reads as follows --
CHAIRMAN KAUFMAN: Before you read it, I just want to
have the record show the respondent is not present. Go ahead.
MR. FUENTES: That's correct.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay the operational costs in the amount of $59.63 incurred
in the prosecution of the case within 30 days of this hearing;
Two, must limit designated parking to the approved designated
parking areas made of stabilized surface, base, or plastic grid
stabilization systems covered by surface areas made of concrete,
crushed stones, crushed shells, asphalt pavers, or turf parking systems
specifically designated for parking of automobiles within 45 days of
this hearing, or a fine of $50 per day will be imposed until the
violation is abated;
Three, the respondent must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Four, that if the respondent fails to abate the violation, the county
may abate the violation using any methods to bring the violation into
compliance and may use the assistance of Collier County Sheriff's
July 25, 2019
Page 22
Office to enforce the provisions of this agreement, and all costs of
abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. I have a question. Are these
just illegally parked cars?
MR. FUENTES: That is correct. We have some commercial
vehicles on site and regular, just normal civilian vehicles parking on
the grass.
CHAIRMAN KAUFMAN: Then why is it taking 45 days?
You can pull a car off in a day.
MR. FUENTES: Well, Portofino's had some issues with
changeovers of employees. So right now I'm working with the
property manager, and he's implementing certain things to try to get
them to resolve the issue.
CHAIRMAN KAUFMAN: I'm not -- personally, I'm not in
favor of granting 45 days to remove some cars that are illegally
parked.
MS. CURLEY: Wait a minute. I have a question.
CHAIRMAN KAUFMAN: Go ahead.
MS. CURLEY: So they were cited January 11th?
MR. FUENTES: That is correct.
MS. CURLEY: Seven months ago.
MR. DOINO: And they're still there.
MS. CURLEY: And so now he's agreed to this, but -- so is
Portofino -- is this a residential area? Because it says "Prime Homes
at Portofino Falls." Is this a business or --
MR. FUENTES: It's a community.
MS. CURLEY: A community. So when they had -- when you
said that they've had staff that's turned around, does that mean why
this hasn't been fixed?
MR. FUENTES: Yes.
MS. CURLEY: Okay.
July 25, 2019
Page 23
MR. FUENTES: We encountered some difficulties trying to
reach the employees or at least the property manage r at first. Danilo
came into play, and we're able to communicate with him back when I
took the case again in, I would say, sometime around June. So he is
making great efforts. He is trying from -- their next plan is to start
towing, but...
MS. CURLEY: So that's also very slippery, too, with the
association to --
CHAIRMAN KAUFMAN: Okay. Gerald, you had --
MR. LEFEBVRE: Falls of Portofino is a development off of
Vanderbilt Beach Road. It was a townhouse community in the
heyday when it was being built, and there are several pad sites that
have not been built, the development, townhouses. So what people
are doing, they're parking on those sites that are vacant townhouse
sites, building sites. So that's the violation, correct?
MR. FUENTES: That is correct.
MR. LEFEBVRE: Yeah. So it's the tenants that are living there
or owners that are living there. They're a single-wide driveway
typically in most of the units. There are some double --
MR. FUENTES: Yeah, they're between double or single
garages.
MR. LEFEBVRE: Right. But it's the lack of parking. So the
residents there, via either people leasing or owning, are parking on
these pad sites.
MS. CURLEY: So then in order for them to do infrastructure
changes in this complex, they're going to have to have board
meetings and approval minutes and changing the -- or providing
parking at -- on this property that's owned by a membership. So 45
days --
MR. LEFEBVRE: No, that's not the case. They can build there
via the site plan. But the question is, what is the solution?
July 25, 2019
Page 24
MR. FUENTES: Well, as I stated earlier, I think Danilo, being
the property manager, is currently working on having the vehicles
towed. It is a bit out of hand. Yeah, as you said, there isn't enough
space for some of the residents, but at the same time they can't be
parking on the vacant lots. So that is their next course of action.
They started off with door tags. I went out there with Cristina
Perez, supervisor of Code Enforcement. Well, we went ahead and
met with the property manager and as well as the supervisor, and we
educated everybody there. And they have began sticking stickers on
the -- you know, the vehicles and putting door tags. So the next step
is towing, and that's what they're trying to implement right now.
They believe they can do that within the next 45 days.
MR. LEFEBVRE: I think 45 days, knowing the
circumstances -- and I've been there before visiting residents there
and seen it myself.
CHAIRMAN KAUFMAN: Did you park illegally?
MR. LEFEBVRE: I've -- I pulled --
MR. FUENTES: I saw you there.
MR. LEFEBVRE: I plead the Fifth on that one.
But I know for a fact that it's occurring, and now you have to, as
you said, go out to homeowners or the tenants and notify them that
they can't do that. So that's going to take time.
MR. FUENTES: It's been taking time. As she said, the case has
been open since January. We have made great efforts, and --
MR. LEFEBVRE: Right.
MR. FUENTES: -- I think 45 might be a little bit fair to -- they
believe they can resolve it in 45 days. We're not giving them more
than that. It's just 45 to try to resolve it -- as many people live there,
to try to, you know --
MS. CURLEY: And then it becomes one of these repeat
offender things. It becomes like you baby-sit this problem forever
July 25, 2019
Page 25
now.
MR. LEFEBVRE: Well --
MS. CURLEY: So we would have normally wanted that fine to
be higher to motivate them to complete it within 45 days. But since
the person's not here, I'll make a motion to accept the stipulation as
written just because you've gotten somebody's ink on a line, and then
you can take care of it from here. I appreciate your help on that.
MR. FUENTES: Thank you.
CHAIRMAN KAUFMAN: We have a motion. Do we have a
second?
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: And we have a second.
My comment is I'm the president of an association in Golden
Gate City. We had a problem with parking just like this is. We
posted a sign from the towing company, and after we towed the first
two cars, we didn't have a problem anymore, and t hat was, like, a
year and a half ago, so...
MR. FUENTES: Well, that's all I'm asking, I guess. Let's see if
we can implement that.
MS. CURLEY: Yeah. And in order for that association to
implement and hire the towing company, there's a statute, Florida
Statute, that they have to go through in having board meetings and
getting the right towing company and posting the signs.
MR. FUENTES: We have discussed it, and they have been
looking over at the different vendors for that. So it's in the works.
As I said, it's been brought to the table. They've got 45 days. If
they -- if you guys feel it's acceptable. If not, hey, repercussions, I
guess.
MS. CURLEY: Thank you.
CHAIRMAN KAUFMAN: We have a motion and a second to
grant the 45 days in the stipulation with the other -- was it what $50
July 25, 2019
Page 26
per day after? Okay.
MR. LEFEBVRE: But before we vote, there are probably 15
pad sites, maybe more, there, correct, that are vacant? It's like --
there's about 120 homes or townhouses developed. There's another
120, roughly, that could be completed. You can find a violation at
every single one of those sites.
MR. FUENTES: Yes.
MR. LEFEBVRE: Because you've cited two, two different
addresses, but the addresses are --
MR. FUENTES: Well, they're different folios for the same
community, so I did have to address both.
MR. LEFEBVRE: Correct.
MS. CURLEY: What's your point, Gerald?
MR. LEFEBVRE: My point is you could have a $50 fine on
every single pad site is what I'm saying.
MS. CURLEY: Well, great. That makes me feel better. Let
them know.
CHAIRMAN KAUFMAN: Okay. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries.
MS. BUCHILLON: Next stipulation is No. 16,
CEV20190000476, also Prime Homes at Portofino Falls.
MR. DOINO: Same thing.
(The speaker was previously duly sworn and indicated in the
affirmative.)
MR. FUENTES: Well, good morning. For the record, Code
July 25, 2019
Page 27
Enforcement Investigator John Fuentes.
Yesterday, I did meet with the property manager, Danilo
Baltista, where we came into an agreement in regards to Case
CEV20190000476.
And the stipulation reads as follows: Therefore, it is agreed
between the parties that the respondent shall:
One, pay the operational costs of the amount of $59.07 incurred
for the prosecution of this case within 30 days of this hearing;
Two, must limit designated parking to approved designated
parking areas made of stabilized subsurface, base, or plastic grid
stabilization systems covered by surface areas made of concrete,
crushed stone, crushed shells, asphalt, pavers, or turf parking systems
specifically designated for parking of automobiles within 45 days of
this hearing, or a fine of $50 per day will be imposed until the
violation is abated;
Three, respondents must notify Code Enforcement within 24
hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance; and,
Four, that if the respondent fails to abate the violation, the
county may abate the violation using methods to bring the violation
into compliance and may use the assistance of 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. It's the same thing, different
lot?
MR. FUENTES: Same thing, different lot. As I said earlier,
there are two folios for this community, and this is a second one.
CHAIRMAN KAUFMAN: Okay. Get a motion from the
Board?
MR. DOINO: Make a motion, stip as written.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
July 25, 2019
Page 28
have a second?
MS. CURLEY: I'll second it.
CHAIRMAN KAUFMAN: We have a second. Any discussion
on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MR. FUENTES: Thank you.
MS. BUCHILLON: Next stipulation, No. 3,
CELU20180014672, Jonathan Francisco Mejia Ochoa and Maria
Delores Ochoa Almaraz.
(The speaker was duly sworn and indicated in the affirmative.)
MS. GUY: Good morning. For the record --
CHAIRMAN KAUFMAN: Good morning. I just want to note
the record that the respondent is not present. Okay.
MS. GUY: Thank you.
For the record, Paula Guy, Collier County Code Enforcement.
Stipulation agreement for Case CELU20180014672. Therefore, it is
agreed between the parties that t he respondent shall:
Pay operational costs in the amount of 59.49 incurred in the
prosecution of this case within 30 days of the hearing.
Abate all violations by obtaining all required Collier County
building permit/permits or demolition permit, inspections, and
certificate of completion and occupancy of the mobile home detached
July 25, 2019
Page 29
structure placed on an improved Estates-zoned parcel within 120
days of this hearing, or a fine of $200 per day will be imposed until
the violation is abated.
Respondent must notify Code Enforcement within 24 hours of
abatement of the violation and request the investigator perform a site
inspection to confirm compliance.
That if the respondent fails to abate the violation, the county
may abate the violation using any method to bring the violation into
compliance and may use the assistance of the Collier County Sheriff's
Office to enforce the provisions of this agreement, and all costs of
abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. I have a couple of quick
questions. There's a mobile home. Does it have wheels on it? Does
it have wheels on it, and is it registered?
MS. GUY: It is not registered with the Department of
Transportation.
CHAIRMAN KAUFMAN: Okay.
MS. GUY: This case actually came into play -- it was reported
from a building inspector for the main residence. The new owner
was replacing the roof on the new residence. The building inspector
observed that there was a mobile home in the rear of the main
residence.
He had -- upon my inspection, I was granted access, and I was
able to obtain access into the mobile home. It's very large. It's been
there for several years. It was there when he purchased it, and he had
been renovating. He's done full renovations, to include electrical. He
has put a new roof --
CHAIRMAN KAUFMAN: On the residence or on the mobile
home?
MS. GUY: On the mobile home. There is a -- there is a tongue
on the mobile home. There's wheels.
July 25, 2019
Page 30
Right now he's been able to hire a contractor, and they're working
with the Building Department. They have all the plans drawn, and
they're in the corrections status of trying to convert the mobile home
to a modular guesthouse.
CHAIRMAN KAUFMAN: Jeff.
MR. LETOURNEAU: Paula and I met with the zoning and --
MS. GUY: Planning.
MR. LETOURNEAU: -- planning manager, thank you,
yesterday, and our concerns were you can't have a mobile home on
Estates-zoned property. They did say, though, that if you do a vast
conversion on them, they can turn them into a structure that can be
permitted by Collier County.
I believe Paula called the contractor yesterday, and that's exactly
what he's trying to do is just to convert it enough so they can get a
building permit to get this thing permitted.
MS. GUY: There is a language barrier with the owner. I've
been working very closely. Once they were able to obtain the fees to
hire the contractor, he communicates with me on a regular basis of
his progress. The most recent activity he got -- the permit was
applied for on July 3rd, and he just received his first set of correction
letter (sic) on July 17th and is actively working on pursuing and
getting those corrections requested by Collier County for the issuance
of the permit.
MR. LETOURNEAU: And as you can see, we cited him for
illegal land use rather than permitting because we were under the
assumption that they couldn't get the permit; so just remove the
structure. But then we were told yesterday by zoning and planning
that, yeah, if he does do enough conversion, the Building Department
will okay that structure on the property.
MR. LEFEBVRE: With that being said, is it a correct violation,
noting a correct violation?
July 25, 2019
Page 31
MR. LETOURNEAU: It is. I believe so. It's still, at this point,
illegal land use because he's got that thing on the property without all
the county approvals. I don't have the actual ordinance right in front
of me. Do you?
MS. GUY: I do.
MR. LEFEBVRE: And is 120 days reasonable? That sounds
like -- this isn't something that's done readily within the county, and
it's already in the corrections stage.
MS. GUY: That is correct.
MR. LETOURNEAU: Well, yeah. I mean, I think they can get
it done in 120 days. The only problem is I think the conversion is
well on -- pretty close to being done. The problem at this point is that
I don't believe they meet the 40 percent rule -- you know, a
guesthouse can't be more than 40 percent living space of the main
house. They run into that roadblock.
I think 120 days, if they can't get it done, they can always come
in here and, you know, plead their case for some more time.
MR. LEFEBVRE: Right.
CHAIRMAN KAUFMAN: Yeah. We can't change the time the
stipulation is written, and the respondent is not present.
MR. LEFEBVRE: Make a motion to approve.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second.
Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
July 25, 2019
Page 32
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously. Thank you.
MS. GUY: Thank you.
MS. BUCHILLON: Next stipulation, No. 23,
CELU20190005606, Jay Gruber.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning, Joe.
MR. MUCHA: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MR. GRUBER: Good morning.
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us.
MR. GRUBER: Jay Gruber.
CHAIRMAN KAUFMAN: Okay. You want to read the
stipulation into the record, Joe.
MR. MUCHA: Yes, sir.
For the record, Joe Mucha, Collier County Code Enforcement.
Therefore, it is agreed between the parties that the respondent
shall:
One, pay operational costs in the amount of $59.56 incurred in
the prosecution of this case within 30 days of this hearing;
Two, to abate all violations by obtaining all required Collier
County buildings permit or demolition permits, inspections and
certificates of completion and/or occupancy to permit a primary
structure on the property or for the removal of the accessory
structures within 365 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
July 25, 2019
Page 33
county may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. This was first observed
October 18th, 2018?
MR. MUCHA: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Why don't you let us know
what the scope of this is.
MR. GRUBER: We're talking about a building in Plantation
Island, if you guys are familiar where that is. The building was
damaged from the hurricane. And it's very difficult to find
contractors who are willing to go down there, work down there.
I did finally hire a contractor to repair this building, and the
county would not give him a permit. So we're basically requesting
the extra time to try and file for a variance to see if we can keep the
building.
CHAIRMAN KAUFMAN: So this is -- the building that was
damaged during the hurricane is gone?
MR. GRUBER: No.
CHAIRMAN KAUFMAN: That's not gone.
MR. GRUBER: No.
CHAIRMAN KAUFMAN: That's what you're trying to get
permitted?
MR. GRUBER: Correct.
CHAIRMAN KAUFMAN: Okay. The ancillary --
Yes, Joe.
MR. MUCHA: So what it is is there's two buildings on the
property. One's a storage building, and then there's a boathouse. And
because the primary structure was removed several years ago and
these two particular buildings don't meet setbacks, they can't really
July 25, 2019
Page 34
exist without a primary structure and also because of them not
meeting setbacks.
So he basically wants time to see -- you know, he was thinking
about maybe putting a modular home on the property, or I think
they're looking into maybe changing -- like, adding an overlay down
on Plantation to maybe allow for RV parking, you know. So he
basically wants some extra time to see if he can possibly save those
buildings.
MR. GRUBER: The primary residence was also destroyed from
a hurricane.
MS. CURLEY: Which one?
MR. GRUBER: There used to be a --
MS. CURLEY: No, which hurricane?
MR. GRUBER: That one was Wilma.
MS. CURLEY: There's no historic relevance to any of these?
MR. GRUBER: Well, actually, there is a little bit. I was not the
one that built any of these -- this was -- I don't even know when they
were built. The one building was actually made out of panels that
came from an old bank in Naples. Actually, the entire seawall around
the property was made from these panels that the original owner got
from the old bank. That's probably why it's so strong and has gone
through these hurricanes pretty much not damaged while the wooden
structures all got destroyed.
But that's one of the options that we were going to look into as
well is to see if there is any historical. But we need to be able to go
to permitting and discuss it with them, because that seems to be the
problem is permitting.
CHAIRMAN KAUFMAN: So looking forward a year from
now, you're either going to have a permit to do -- to build something
or you're not.
MR. GRUBER: Yes.
July 25, 2019
Page 35
CHAIRMAN KAUFMAN: Now, if you don't get the permit,
what are you going to do?
MR. GRUBER: Demo.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: Darn.
MR. GRUBER: Darn is right.
MS. CURLEY: I make a motion to accept the stipulation as
written.
MR. DOINO: Second.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. Any discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. GRUBER: Thank you.
Thank you, Joe.
CHAIRMAN KAUFMAN: Good luck.
MS. BUCHILLON: And the last stipulation is No. 2, FYR SFR
Borrower LLC, in care of HavenBrook Homes Suite.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Steve, I haven't seen you in years.
MR. ATHEY: Well, I've missed you, sir.
MR. DOINO: That's not good.
CHAIRMAN KAUFMAN: You've been hiding out.
July 25, 2019
Page 36
Okay. Could you state your name on the microphone for us.
MS. BEDROSIAN: Holly Bedrosian.
CHAIRMAN KAUFMAN: And let's see. This is No. 2. You
represent HavenBrook Homes?
MS. BEDROSIAN: Yes, sir.
CHAIRMAN KAUFMAN: And you have permission to talk on
their behalf?
MS. BEDROSIAN: Yes, sir.
CHAIRMAN KAUFMAN: Okay. Steve, you want to read
the -- this was a broken window on the side of the garage, boarded
windows, et cetera. You want to read the stipulation?
MR. ATHEY: Sure. For the record, Stephen Athey, Collier
County Code Enforcement.
Therefore, it is greed between the parties that the respondent
shall:
Number one, pay operational costs in the amount of $59.70
incurred in the prosecution of this case within 30 days of this hearing;
Number 2, abate all violations by obtaining all required Collier
County building permits, inspections, and certificate of completion or
occupancy, for the repairs to the windows, garage door, and roof
within 90 days of this hearing, or a fine of $200 will be imposed until
the violation has been abated;
Number 3, the respondent must notify Code Enforcement within
24 hours of abatement of the violation and request the investigator
perform a site inspection to confirm compliance;
Number 4, that if the respondent fails to abate the violation, the
county may abate the violation using any method to bring the
violation into compliance and may use the assistance of the Collier
County Sheriff's Office to enforce the provisions of this agreement,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Thank you. Your turn.
July 25, 2019
Page 37
MS. BEDROSIAN: I agree to everything. I actually have a
scope that encompasses more than what you-all are asking for.
We've got everything approved. I just need to get into the residence
and have the vendor start the work.
CHAIRMAN KAUFMAN: Okay. Prior to this you didn't have
access to the residence?
MS. BEDROSIAN: That's correct.
CHAIRMAN KAUFMAN: Was it rented or --
MS. BEDROSIAN: It is leased by a resident, and we just
haven't been able to get in touch -- I thought there was a little bit of a
language barrier with her -- to be able to get our vendor in there.
CHAIRMAN KAUFMAN: Okay. Any questions from the
Board?
MR. LEFEBVRE: Just one question. It's added on the
stipulation "roof."
MR. ATHEY: Yeah. That was an oversight by me, and I wrote
it in, and she's actually well aware.
MR. LEFEBVRE: Okay. Because it's not stated in the
violation, so I just wanted to make sure it's not a procedural -- there's
not a procedural issue. And I see she agrees to it, but I just want to
make sure it's okay.
MR. ATHEY: And just to be clear, she's way ahead of me here.
She's already hired contractors to come in and take care of all these
issues.
MR. LEFEBVRE: Okay, great.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: I'll make a motion to accept the stipulation as
written.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: Motion and a second. All those in
favor?
July 25, 2019
Page 38
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you, Steve.
Thank you.
MS. BEDROSIAN: Thank you, all.
Thank you, Steve.
CHAIRMAN KAUFMAN: Good luck.
That takes care of the stipulations. Next case where somebody
is here?
MS. BUCHILLON: Under Public Hearings, No. 8,
CESD20190003992, Adolphe Antoine and Nahomie Plancher.
CHAIRMAN KAUFMAN: Which case is this -- number?
MS. BUCHILLON: Number 8.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Could you state your name on the
microphone for us, sir.
MR. JOSAPHAT: Kerven Josaphat.
CHAIRMAN KAUFMAN: And you are?
MR. JOSAPHAT: I am the son of Nahomie Josephat.
CHAIRMAN KAUFMAN: And do you have her permission?
MR. JOSAPHAT: Yes. Good morning.
MR. MARCHAND: Good morning.
CHAIRMAN KAUFMAN: You want to present your case?
MR. MARCHAND: For the record, Investigator William
Marchand, Collier County Code Enforcement.
This is in reference to Case No. CESD20190003992 dealing
July 25, 2019
Page 39
with violation of Collier County Land Development Code 4-41, as
amended, Section 10.02.06(B(1)(a). Observed a structure being bu ilt
without a Collier County permit located at 6031 Hollow Drive,
Naples, Florida, 34112; Folio No. 68843320002.
Service was given on April 12th, 2019. I would now like to
present case evidence in the following exhibits: Photos taken by
myself on April 9th, 2019, and one photo taken by myself on
July 24th, 2019.
CHAIRMAN KAUFMAN: Has the respondent seen the
photos?
MR. MARCHAND: Yes.
CHAIRMAN KAUFMAN: Do you have any objection to us
seeing these pictures?
MR. MARCHAND: No.
CHAIRMAN KAUFMAN: Okay. Make a motion from
someone to accept the photos.
MR. DOINO: Make a motion.
MR. LEFEBVRE: Make a motion to accept.
CHAIRMAN KAUFMAN: And second?
MR. DOINO: Second.
CHAIRMAN KAUFMAN: All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MR. MARCHAND: All right. These first three photos were on
April 9th, and this last photo was taken yesterday showing the
July 25, 2019
Page 40
structure is still up.
MR. LEFEBVRE: Was that the last photo?
MR. MARCHAND: No, that's --
CHAIRMAN KAUFMAN: The next-to-last one.
MR. MARCHAND: That's the last one.
CHAIRMAN KAUFMAN: Is it a storage shed?
MR. MARCHAND: Yeah. I believe it's being buil t into a shed.
CHAIRMAN KAUFMAN: Any permits issued on this?
MR. MARCHAND: No.
CHAIRMAN KAUFMAN: Okay.
MR. MARCHAND: Code Enforcement originally received a
complaint on April 8th, 2019, from a concerned citizen in the
neighborhood.
I made a site inspection on April 9th, 2019, where I made
contact with the owner, observed the structure, and placed a stop
work order on the property.
I made a -- I made personal service with a notice of violation on
April 12, 2019, after it was determined by the county building official
that this structure needed a building permit.
As of July 24th, 2019, the structure remains, and no permit has
been applied for.
CHAIRMAN KAUFMAN: Let me ask one question. What's
the difference between this structure being built and someone buying
a Ted's Shed, for instance? The Building Department gave you an
explanation to that?
MR. MARCHAND: Depending on what kind of shed it is.
Like, this being a structure, it can be permitted if it meets setbacks.
MR. LETOURNEAU: I'm not sure what your question is
getting at.
CHAIRMAN KAUFMAN: If you put a Ted's Shed, for
instance.
July 25, 2019
Page 41
MR. LETOURNEAU: Right.
CHAIRMAN KAUFMAN: They deliver it. You have to pull a
permit on that as well?
MR. LETOURNEAU: Ninety percent of the time yes. The
other 10 you probably couldn't get it permitted. But you're going to
have to jump through some hoops, obviously, with hurricane
tie-downs and all sorts of other stuff with these Ted's Sheds.
So I would probably recommend looking into getting -- you
know, talking to the Building Department before you got one.
CHAIRMAN KAUFMAN: Okay. So that's the only thing I
wanted to know that there's no difference between the two.
MR. LETOURNEAU: No.
CHAIRMAN KAUFMAN: Okay, sir.
MR. JOSAPHAT: Yes.
CHAIRMAN KAUFMAN: Your turn.
MR. JOSAPHAT: Okay. My father and one of his friends
started building a storage shed for my mother. She does outside
decorations for our church, and throughout the years she gets more
and more difficult linens. And it got to the point whe re the garage
was a safety hazard, and we did have complaints from the
neighborhood association saying our garage is too packed.
So my father started building the shed in the back, and I
believe -- I don't know the exact day he came, but he said that we
needed a permit for the building. And my dad did try to get a permit,
but they said that the house -- or the shed cannot be closer -- it has to
be 10 feet away from the house or connected to the house.
And being that said, we don't have enough space in the backyard
to be 10 feet away, so we decided to connect it. And he was asking
for around six to nine months to get the money to connect the shed to
the house.
CHAIRMAN KAUFMAN: Okay. I don't know whether or not
July 25, 2019
Page 42
that's going to fly with the Building Department, but that's up to the
Building Department. But they built this without a permit to begin
with.
MR. JOSAPHAT: Yes.
CHAIRMAN KAUFMAN: Okay. Questions from the Board?
MS. CURLEY: Well, I make a motion a violation exists.
CHAIRMAN KAUFMAN: Okay. We have a motion that a
violation exists.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: And we have a second. All those in
favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay. So a violation exists. This was built without a building
permit. And do you have a suggestion for us?
MR. MARCHAND: Yes. Recommendation that the Code
Enforcement Board orders the respondent to pay all oper ational costs
in the amount of $59.42 incurred in the prosecution of this case
within 30 days, and abate all violations by:
One, obtaining all required Collier County building
permit/permits or demolition permit, inspections, and certificate of
completion for the structure or remove the structure, including
materials from the property, and restore to a permitted state within
blank days of this hearing, or a fine of blank dollars per day will be
imposed until the violation is abated;
Two, that the respondent must notify the Code Enforcement
July 25, 2019
Page 43
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 what you're trying to do
out there is you're trying to physically connect the two structures
together?
MR. JOSAPHAT: Yes.
CHAIRMAN KAUFMAN: With, like, a breezeway or
something?
MR. JOSAPHAT: I wouldn't know myself exactly, but that was
how I was told, that, essentially, they would have to rebuild the
structure to connect it to the house, because there's not even space in
the backyard to be 10 feet away.
CHAIRMAN KAUFMAN: So it would just be like an addition
to your existing house?
MR. JOSAPHAT: Yes.
CHAIRMAN KAUFMAN: Okay. Is the structure that's there
now -- is that on a slab? Is that on --
MR. JOSAPHAT: It's -- I believe it is two feet -- two feet in the
ground adhered with concrete.
CHAIRMAN KAUFMAN: Okay. So you just can't shove it
over?
MR. JOSAPHAT: No.
MS. CURLEY: Do you know what your dad's plans are if he
can't get approval to attach it to the house? Is he going to just undo it
and remove it?
MR. JOSAPHAT: That I do not know. They're trying hard not
to remove it because of all the money they put into the building
July 25, 2019
Page 44
materials. So the best bet is to try to connect it to the house.
MS. CURLEY: Right. But there's got to be a Plan B just in
case Plan A doesn't work.
MR. JOSAPHAT: Okay.
MS. CURLEY: So if you read this, it gives you two choices. It
either gets approved, or it has to go away.
MR. JOSAPHAT: Okay.
MS. CURLEY: So that -- I just want to make sure that --
CHAIRMAN KAUFMAN: No.
MR. JOSAPHAT: Would there be another option if Plan A is
not working as of --
MS. CURLEY: That's your plan C right there (indicating).
You've got to talk to these officials.
MR. LETOURNEAU: Basically, your own options are to get it
permitted one way or the other or remove it from the property.
There's really no other way to abate this violation.
MR. JOSAPHAT: Okay.
MS. CURLEY: So, I mean, we'll try and give you a timeline to
research that and do that, but you have to be aware that the options
might not be in your favor.
MR. JOHNSON: Okay.
MS. CURLEY: Because when we put the number signs --
number amounts in these lines here, that's going to give you a
timeline on how fast you have to sort it out.
CHAIRMAN KAUFMAN: Have you gone to the county yet to
begin the process of getting a permit?
MR. JOSAPHAT: Yes, we have before. And I don't know the
reason we haven't received it, but my father did try to get a permit for
it. And I think the reason the permit was not approved because it's
how -- where it is right now.
CHAIRMAN KAUFMAN: I understand. Has he tried to go in
July 25, 2019
Page 45
that direction of getting a permit to at tach it to the house?
MR. JOSAPHAT: Yes.
CHAIRMAN KAUFMAN: Okay. And how much time do you
think he needs to do that?
MR. JOSAPHAT: For the building itself, to reconstruct it, he
told me six to nine months.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: So here's my problem: I don't like this structure
half completed sitting in a nonlegal spot that could become a hazard
to the neighborhood if a storm comes. So I have a problem with that,
giving someone nine months to fix a mistake that didn't have to
happen.
CHAIRMAN KAUFMAN: Well, I think that if the resolution to
this is structured in such a way that gives the respondent sufficient
time to at least apply for what they want to do, not complete it but to
apply for it, then the respondent can return and ask for additional
time knowing what he's already done.
MS. CURLEY: So we should baby -sit it then?
CHAIRMAN KAUFMAN: Well, yeah.
MR. LEFEBVRE: I make a motion.
CHAIRMAN KAUFMAN: Okay. Gerald wants to make a
motion.
MR. LEFEBVRE: Pay operational costs in the amount of 59.42
within 30 days and give six months, 180 days, from the date of this
hearing, or a fine of $150 will be imposed.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a second.
Discussion on the motion?
MS. CURLEY: Well, I mean, you know how I feel about it. I
July 25, 2019
Page 46
feel like that's too long.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: It's not going to be very hard to figure out
whether they can connect it or not, and that should be done within 30
to 60 days, and then if not, then the neighborhood can have the
neighborhood back, and this giant building will be removed.
MR. LEFEBVRE: Yeah. I don't know if a survey is more than
likely going to have to be done to show --
MS. CURLEY: Right. Well -- yeah, and all these things will
make a decision whether it stays or goes, and that's not for us to do.
But it's certainly not us to let the tooth grow so long that we give him
a half a year for this structure now that's not even -- it doesn't even --
he can't continue to work on it, so there's no doors on it. So now it's
going to get all exposed inside, and it's --
CHAIRMAN KAUFMAN: What would your recommendation
be for time?
MS. CURLEY: I would do 60 days just because that at least
gives them a real-life picture about the expenses and the time frame
that it's going to take, and then they can make better decisions.
MR. LEFEBVRE: Yeah. I don't think 60 days is going to be
sufficient to --
CHAIRMAN KAUFMAN: Is there a number that the two of
you can agree on?
MS. CURLEY: I just want to tell you --
CHAIRMAN KAUFMAN: Do you want to split the baby, King
David?
MR. LEFEBVRE: I want to try to give as much time as
possible, obviously, but --
CHAIRMAN KAUFMAN: Knowing they're going to come
back.
MS. CURLEY: Right. But you have a half-a-built building, so
July 25, 2019
Page 47
in six months probably the inside of it's going to be all wet and
moldy.
MR. LEFEBVRE: It has a roof -- it does have a roof on it. I
want to give her, her she shed. That's what it comes down to. I don't
know how many people watch that commercial.
MS. CURLEY: All right. Fine. I mean, I just wanted to --
MR. LEFEBVRE: Would you be amenable to splitting the
baby, four months then?
MS. CURLEY: Yeah, sure.
MR. LEFEBVRE: Okay.
CHAIRMAN KAUFMAN: So you want to modify your
motion.
MR. LEFEBVRE: I amend my motion to four months.
CHAIRMAN KAUFMAN: Okay. And does the second agree?
MR. DOINO: Yes.
CHAIRMAN KAUFMAN: Okay. So your motion is 59.42
within 30 days and four months from today.
MR. LEFEBVRE: Correct.
CHAIRMAN KAUFMAN: Or $150-a-day fine thereafter.
MR. LEFEBVRE: Yes.
MS. CURLEY: Is there a stop work order on this now, and they
can't even close the door on it and preserve what they've got half
done?
MR. MARCHAND: Well, there is a stop work order on site.
MR. LEFEBVRE: Is there any way to put maybe -- there's
nothing --
MS. CURLEY: Being exposed is not good.
MR. JOSAPHAT: We can put a door and windows on it, but we
were told not to.
MR. LEFEBVRE: Well, how about just putting plywood up on
the openings? Could that be done?
July 25, 2019
Page 48
MR. LETOURNEAU: They can secure the building from the
weather at this point, yes.
MS. CURLEY: Okay.
MR. LEFEBVRE: So just to be clear, does that mean putting
doors and windows on?
MR. LETOURNEAU: Well, I wouldn't do that, no. I would put
a tarp or, you know, boards up or whatever you need to do at this
point. I wouldn't, you know, continue any kind of permanent
construction without the permit being issued.
MS. CURLEY: Especially the windows.
MR. LEFEBVRE: Would that be suitable to you? Do we want
to put that in -- well, we already made our --
MS. CURLEY: No. It's not our problem. I just wanted to
know.
MR. LEFEBVRE: Okay.
MR. LETOURNEAU: They can certainly put up items to, you
know, keep the weather out though.
MR. LEFEBVRE: Right. Kind of like boarding up.
MR. LETOURNEAU: They could put boards up. They could
put tarps up. They could put, you know, whatever. You know,
there's -- to continue the construction, they could be throwing money
down the drain if they can't get that permit issued. So I wouldn't put
anything too valuable up there at this point.
CHAIRMAN KAUFMAN: So to protect the property does not
belong in this motion.
MS. CURLEY: Right.
CHAIRMAN KAUFMAN: Okay. So we have a motion. I'll
repeat it one more time: 59.42 within 30 days, four months from
today to get a permit and complete the work, or $150-a-day fine
thereafter.
MR. LEFEBVRE: Correct.
July 25, 2019
Page 49
CHAIRMAN KAUFMAN: Okay. So that's the motion. All
those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. JOSAPHAT: Thank you.
CHAIRMAN KAUFMAN: If in four months you're on the way
and the building folks have said that they'll grant the permit and
whatnot and you don't have enough time to physically finish the
work, you can come back before the Board, show that you've pulled
the permit, that the work is underway, and I'm sure the Boa rd would
certainly entertain giving you more time at that time.
MR. JOSAPHAT: Thank you.
CHAIRMAN KAUFMAN: Okay. Great. Thank you.
MS. CURLEY: Good luck.
MR. JOSAPHAT: Thank you.
MS. BUCHILLON: Next item on the agenda, No. 12 under
hearings, CESD20180014963, Sylvie Collafarina.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Ma'am, could you move the
microphone down a little bit and state your name on the microphone.
MS. COLLAFARINA: Sylvia Collafarina.
CHAIRMAN KAUFMAN: Okay. And this was a case --
additional -- addition/remodel, electrical, plumbing work, and
carpentry work without a building permit.
So you might as well state your case.
MS. McGONAGLE: Good morning. For the record, Michele
July 25, 2019
Page 50
McGonagle, Collier County Code Enforcement.
This is in reference to Case No. CESD20180014963 dealing
with the violation of Collier County Land Development Code 04 -41,
as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and
10.02.06(B)(1)(e)(i), addition/remodel with electrical, plumbing, and
carpentry work without required Collier County permits.
Violation location: 1283 Brookside Drive, Naples, Florida, 34140;
Folio 24880960003.
Service was given on December 11th, 2018.
I would now like to present case evidence in the following
exhibits: 13 pictures taken by Contractor Licensing Investigator
Timothy Krotz (phonetic) on November 1st, 2018, and two pictures
taken by me December 7th, 2018.
CHAIRMAN KAUFMAN: Okay. Has the respondent seen the
photos?
MS. McGONAGLE: Yes.
CHAIRMAN KAUFMAN: Do you have any problem with
showing these photos before the Board?
MS. COLLAFARINA: No.
CHAIRMAN KAUFMAN: No, okay. Make a motion from the
Board to accept the photos?
MR. DOINO: Motion to accept.
CHAIRMAN KAUFMAN: We have a motion.
MS. CURLEY: Second.
MR. LEFEBVRE: Second.
CHAIRMAN KAUFMAN: And a second. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
July 25, 2019
Page 51
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. McGONAGLE: So this case was referred by Contractor
Licensing. On November 1st, 2018, Contractor Licensing
Investigator Timothy Krotz made a site visit at the request of an
electrical inspector regarding unpermitted work that he observed
while he was on site to conduct an inspection.
CHAIRMAN KAUFMAN: Let me interrupt you for one
second. Is it possible to make those pictures bigger?
MS. CURLEY: Thank you.
MS. McGONAGLE: Investigator Krotz was escorted into the
home by the property owner where he observed new plumbing,
electric, and carpentry work in the construction of a bathroom,
remodeling of a laundry room, enclosure of an entryway, new
covered patio, an addition to the rear -- right rear of the home.
So this picture is showing where there was a new wall
constructed. You can see the washer and dryer just beyond that
framed wall.
CHAIRMAN KAUFMAN: Okay. Next picture.
I think we need Stephen Spielberg here to show the pictures.
MS. BUCHILLON: I don't think you can. When you make
them bigger, I don't think you can --
MS. McGONAGLE: This is showing the covered --
CHAIRMAN KAUFMAN: You have to go on the picture and
then expand it, then go back to the original size, and then go to the
next picture. So if you expand that for us, please.
MS. McGONAGLE: This picture is showing the covered patio.
CHAIRMAN KAUFMAN: Okay. Is that the construction that I
see on the bottom left of the picture? I don't know what I'm looking
at.
MS. CURLEY: I think it's the tin roof and the trusses on the
July 25, 2019
Page 52
overhang. Is that what we're looking at?
MS. McGONAGLE: You're talking about right here
(indicating)?
MS. CURLEY: The house that's painted as the original
structure and the beams.
CHAIRMAN KAUFMAN: Yeah.
MS. CURLEY: Okay. Can you just go to the next, or is it going
to shrink it again?
CHAIRMAN KAUFMAN: You have to shrink it to change it.
MS. McGONAGLE: Now just another picture showing the
roof.
CHAIRMAN KAUFMAN: Okay. Next picture is -- make that
bigger, please. So a water heater.
MS. McGONAGLE: And it's showing the electrical panel.
That's kind of what started all this. Mr. Sparky had been hired to
replace the electric panel on the property, and when the electrical
inspector came, he observed all this other construction that was
taking place.
Since then the other electric that was done on the property --
you'll see some other pictures in here. But since then that original
permit that Mr. Sparky pulled was amended to include the other
electric. They corrected it, made it up to code, and that was all
included in that permit and has since passed inspection. So the
electrical part of this has been abated.
CHAIRMAN KAUFMAN: Okay.
MS. McGONAGLE: You can go ahead to the next one.
CHAIRMAN KAUFMAN: And one more.
MS. McGONAGLE: This is just showing another couple of
framed walls, and you can see some of the electrical wiring coming
down.
CHAIRMAN KAUFMAN: Okay.
July 25, 2019
Page 53
MS. McGONAGLE: New window.
This is a standup shower that was installed.
CHAIRMAN KAUFMAN: That's a picture of I don't know
what.
MS. McGONAGLE: Yeah. You can see -- it's tools sitting on
top of -- I'm not sure if it's the washer or the dryer, but it's showing
where the Sheetrock was removed, and the plumbing for the washer
and dryer -- or for the washer.
CHAIRMAN KAUFMAN: Okay.
MS. McGONAGLE: These are -- there again, these are all the
pictures that were taken by Contractor Licensing. This is just
showing some of the electrical work that has since been corrected.
CHAIRMAN KAUFMAN: You said the electrical is all done
and permitted?
MS. McGONAGLE: Yes.
CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: And that's a new door also?
MS. McGONAGLE: Yes.
Just another shot of the shower and the plumbing.
I met with the property owner yesterday, and she had told me
that this -- she hired a contractor to try to get this all done, and he
advised her that they would not be able to get a permit for this
bathroom where they were wanting to put it and told them to remove
the items, which they have done, but I have not seen tha t. There are
still other things that have to be permitted. So that's why we're still
here, because they still are going to need to pull a permit.
CHAIRMAN KAUFMAN: And you can't do this by affidavit
because it's the current homeowner that did this.
MS. CURLEY: Well, the contractor did her a favor.
MS. COLLAFARINA: The plumber (sic) was done by a
contractor that was not licensed, and he never came back.
July 25, 2019
Page 54
CHAIRMAN KAUFMAN: Okay.
MS. McGONAGLE: That's just showing the stop work order
that was posted by Contractor Licensing.
CHAIRMAN KAUFMAN: Okay. Michele, do you have other
things that you would like to cover?
MS. McGONAGLE: Research by Investigator Krotz revealed
that there was a valid permit for the replacement of the metered can
in the back of the residence, but there was no permit for the other
construction. A stop work order was issued and posted on the
property.
On December 5th the case was received by Code Enforcement
after it was reviewed by the building official who had verified that a
code violation exists.
On December -- I'm sorry. December 7th, 2018, I made a site
visit and did not observe any active construction taking place on the
property. Research revealed a valid permit for the electric but no
permits for the plumbing additions or remodeling work.
A notice of violation was prepared and posted on the property
December 11th, 2018, with compliance due January 10th, 2019.
On January 10th, 2019, the property owner called and requested
additional time, which was granted.
On February 15th, 2019, the property owner met with Manager
Letourneau, who granted a one-month extension, and referred her to
Renald Paul for assistance with the permits.
March 28th, 2019, I returned a call to Jared Dirksen who is
helping the property owner, but I could not leave a voice mail. I
called again on April 5th, 2019, and talked to Mr. Dirksen and gave
him Renald Paul's phone number.
On April 9th, I talked to Mr. Dirksen again and explained that a
permit was still required for the plumbing addition and remodel
work. The electrical had been taken care of at this point. I then told
July 25, 2019
Page 55
him to contact Renald again for assistance.
On June 12th, 2019, I had no contact from the property owner or
Mr. Dirksen. Violation remained, and the case was prepared fo r a
hearing.
As of July 25th, 2019, violation remains.
CHAIRMAN KAUFMAN: Okay. Ma'am, your turn.
MS. COLLAFARINA: We went down to the Code
Enforcement office, and they told us to put everything back the way
it was, so we start doing that. We took off that structure for the wall.
The plumbing was never finished, so we just have to cap it. And
we were told also now that we also need a permit to do that. So we
need to go to the Code Enforcement and get the permit.
What we need is more time. I got injured. I was on a
wheelchair, and I couldn't do anything. I'm not currently working, so
I'm just trying to do my best, but it goes very slowly because of
money problem.
CHAIRMAN KAUFMAN: Okay. Questions from the Board?
(No response.)
CHAIRMAN KAUFMAN: You went to Code Enforcement to
get the permit, or you went to the Building Department?
MS. COLLAFARINA: Right. We went and asked them what
we need exactly, because I don't know. I've never done that. I don't
know what I needed exactly. And so we went, and they said that
bathroom -- because I got a contractor who told me the permit will
not be approved. He said, your best bet is to put everything back. So
all you have to do is knock that down, that structure that was going to
be a wall that was never finished, and just put the drywall back. So
that's what Mr. Dirksen was doing for me.
Now I was told that I need a permit for that, too, so we're going
to -- we need to do that.
MS. CURLEY: So are you going to hire that contractor that you
July 25, 2019
Page 56
already had some advice from to put it back to the normal --
MS. COLLAFARINA: All we need is to put the drywall. We
don't need a contractor to put drywall if we have a permit, do we?
CHAIRMAN KAUFMAN: Well, the windows that were
replaced, the door that was repl aced -- there's a whole scope of things
that were done there.
MS. CURLEY: Capping plumbing, you need a plumber.
CHAIRMAN KAUFMAN: Yeah. So that's the situation.
MS. COLLAFARINA: Okay.
CHAIRMAN KAUFMAN: Okay. And this has been going on
since -- I mean, this job was started in December; is that correct?
MS. COLLAFARINA: Uh-huh.
MS. CURLEY: So did -- the person/contractor that you hired,
did they not tell you that they were doing it wrong?
MS. COLLAFARINA: Well, we -- the --
MS. CURLEY: How did you get into this situation?
MS. COLLAFARINA: Well, the person that I first started, I
guess he was not licensed, and he never came back, and I didn't know
that. I guess after Code Enforcement came, he never came back, so
everything was left like that, and nothing has been touched since.
CHAIRMAN KAUFMAN: Okay. Well, why don't we
determine whether a violation exists. Then we can go from there.
MR. LEFEBVRE: Make a motion a violation exists.
MR. DOINO: Second.
CHAIRMAN KAUFMAN: We have a motion and a second that
a violation exists. Discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
July 25, 2019
Page 57
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Michele, you have a discussion for us?
MS. McGONAGLE: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MS. McGONAGLE: That the Code Enforcement Board orders
the respondent to pay all operational costs in the amount of $59.77
incurred in the prosecution of this case within 30 days and abate all
violations by:
Number 1, obtaining all required Collier County building
permits or demolition permit, inspections, and certificate of
completion/occupancy for the addition/remodel 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. I know this is very mixed
up. Some things have been done; the electrical is done. I don't know
how you undo everything to get you back to the beginning. You
probably need a contractor that you can trust that will take this thing
through to the end and complete the job, pull the permits, or whatever
it is. But trying to fix it piecemeal, I think, has caused you more
trouble than helped, so...
MS. CURLEY: I'll fill in the blanks.
July 25, 2019
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CHAIRMAN KAUFMAN: Okay.
MS. CURLEY: Number 1, just say -- that's obtaining -- just
obtaining the permit. That's not the completion of -- there's not a
timeline for the completion? You just want to make sure she obta ins
it?
MS. McGONAGLE: Obtain all required Collier County
permits, demolition permit, inspections, and certificate of
completion/occupancy.
CHAIRMAN KAUFMAN: That's the whole job.
MS. CURLEY: Yeah. I couldn't see that second line over here.
Well, I'll fill it in. Number 1 will be 60 days or $150.
MR. DOINO: Second.
MS. CURLEY: And operational costs as listed.
CHAIRMAN KAUFMAN: 59.77 paid within 30 days.
In all likelihood you're not going to get this done in 60 days, but
if you can come back to the Board during that period of time and say
this is what we did. We hired somebody. They're doing X, Y, and Z,
that would help dramatically.
Okay. We have a motion and a second. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MS. CURLEY: Good luck.
CHAIRMAN KAUFMAN: Good luck.
MS. McGONAGLE: Was that 60 and 150?
MS. CURLEY: Yes.
July 25, 2019
Page 59
CHAIRMAN KAUFMAN: Terri, how's --
COURT REPORTER: Break time. A short break's fine.
MR. LEFEBVRE: I need to leave at 11:30.
CHAIRMAN KAUFMAN: That will end the meeting.
MS. CURLEY: How many cases have we got left?
MR. LEFEBVRE: Two cases by the same party.
CHAIRMAN KAUFMAN: And a bunch of impositions.
MS. CURLEY: Let's just do five minutes.
CHAIRMAN KAUFMAN: Five minutes; 41.
(A brief recess was had.)
CHAIRMAN KAUFMAN: I'd like to call the Code
Enforcement Board back to order. Our agenda continues.
MS. BUCHILLON: Next item on the agenda, under Imposition
of Fines, No. 2, CESD20180005375, SA Equity Group, LLC.
MR. OKAB: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MS. CURLEY: Good morning.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Let me pull the sheet. Okay.
MR. AMBACH: Good morning.
CHAIRMAN KAUFMAN: Good morning. The respondent is
present. You probably want to speak before.
MR. AMBACH: Yes, please.
MR. OKAB: I go first?
CHAIRMAN KAUFMAN: Yes.
MR. OKAB: All right. So there was a shed or a unit at the
market at Immokalee that needed to be removed. The owner went
ahead and removed it without our permission, so then we needed to
pull a demolition permit.
We got a permit pulled out, and we did everything. We were
only missing electric. We went ahead and we hired a company called
July 25, 2019
Page 60
City Engineering. And he came on site, and he did the inspection,
and he made sure all the wires were capped and all the equipments
were removed.
We submitted this to the Building Department but, no -- we
haven't got -- we haven't heard back from them yet, and now last
Monday I found out that this -- I thought this was taken care of until
last Monday when I get an email from Steve Lopez. He said the
hearing still stands.
But we went ahead and we took care of the issue. We did the
plumbing and the electric, and now we're just waiting for the permit.
So everything should be done, like, within one month.
CHAIRMAN KAUFMAN: So let me cut to the chase. You're
asking that this be heard after 30 days, not today?
MR. OKAB: No. I'm saying in 30 days we will have the
inspection, and everything will be taken care of.
CHAIRMAN KAUFMAN: Okay. We -- what we have here is
to imposed the fines.
MR. OKAB: Yeah. We're asking for more time.
CHAIRMAN KAUFMAN: So you're asking for more time so
that the fines are not imposed today?
MR. OKAB: Yes, please.
CHAIRMAN KAUFMAN: And you're looking for 30 days?
MR. OKAB: Yeah, 30 days is sufficient.
CHAIRMAN KAUFMAN: Okay. So you're asking for a
continuance?
MR. OKAB: Yes, sir.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: How about fines?
CHAIRMAN KAUFMAN: The fines continue to --
MR. LEFEBVRE: Operational costs.
CHAIRMAN KAUFMAN: Has the operational costs been paid
July 25, 2019
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today?
MR. OKAB: I don't know what that means.
MR. AMBACH: The operational costs have not been paid from
the last hearing.
MS. CURLEY: I'm a little surprised he's here. He was here last
month.
MR. LEFEBVRE: For a different case.
CHAIRMAN KAUFMAN: Different case. That was the trash
on the site. Okay.
MS. CURLEY: I'm sorry.
CHAIRMAN KAUFMAN: There are operational costs every
time you come before us. The operational costs that are owed by you
are $59.77.
MR. OKAB: Okay.
CHAIRMAN KAUFMAN: That needs to be paid today.
MR. OKAB: I can pay that today, yes. No problems.
CHAIRMAN KAUFMAN: Okay. So you'll pay that today, and
then we can go about our business in granting an extension -- a
continuance or whatever.
MR. OKAB: All right.
MR. LEFEBVRE: I make a motion that we continue --
MS. CURLEY: Wait, wait, wait.
MR. AMBACH: Can I read it -- you're okay. Is it okay if I read
it into the record?
CHAIRMAN KAUFMAN: Sure.
MR. LETOURNEAU: If they're going to give a continuance,
we don't really need to read it in.
MR. AMBACH: I guess we don't need to. We can just go
ahead and continue with 30 days; come back at the next hearing date.
MS. CURLEY: So then you're going to come back again. So
you better --
July 25, 2019
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MR. OKAB: That's fine. I mean, we -- I'm willing to take care
of everything. I just -- I didn't know about the fines. I can pay them
today. I mean, that's not an issue.
CHAIRMAN KAUFMAN: Okay. Because if you don't pay
them today, then our hands are tied. We have to imposed the fine.
MR. OKAB: I just need to know where to go to pay them. I
brought money with me.
CHAIRMAN KAUFMAN: Just go over to my house. Give it
to my wife.
MS. CURLEY: Well, thanks for getting in touch with him.
CHAIRMAN KAUFMAN: Yes.
MS. CURLEY: When you do have two cases, it can be a little
bit confusing to follow, so I appreciate that.
CHAIRMAN KAUFMAN: So you and you will get together.
MR. AMBACH: Yes, sir.
CHAIRMAN KAUFMAN: And you'll show him where the
fines could be paid. Horseshoe; is that right?
MR. AMBACH: Yes.
CHAIRMAN KAUFMAN: Do you know Horseshoe Drive?
MR. OKAB: Yes.
CHAIRMAN KAUFMAN: Okay. That's where they need to be
paid.
MS. CURLEY: Can I just ask the county, if we're going to grant
the 30 days, do you see the permit in the system, and it's just --
MR. AMBACH: Yes. It's been issued. He needs subcontractor
affidavits to sign off. The structure's been removed. It's -- for all
intents and purposes --
CHAIRMAN KAUFMAN: Okay.
MR. AMBACH: -- it doesn't exist anymore, but he just has to
fine tune the permit and have one final inspection, and everything
should be okay. I think 30 days is sufficient.
July 25, 2019
Page 63
CHAIRMAN KAUFMAN: Okay. So we have a motion and a
second. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MR. DOINO: Aye. I'll second that, though.
CHAIRMAN KAUFMAN: I thought you did.
MR. DOINO: It got interrupted because of --
MR. LEFEBVRE: Right. I don't think I even made a motion,
but you did, so --
MR. DOINO: -- the reading of the will.
CHAIRMAN KAUFMAN: Okay. We'll see you next month.
MR. OKAB: I will get, like, a letter, right, to let me know?
MR. AMBACH: Yes. And we will call you and stop by and
remind you and make sure you're here.
CHAIRMAN KAUFMAN: Thank you.
MS. BUCHILLON: Next item on the agenda, under Imposition
of Fines, No. 4, CESD20140017894, Jose F. Garcia.
(The speakers were duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Like we did on the last case, why
don't you speak first. And this thing goes back to 2015, if I'm not
mistaken. And we've granted time and time and time and time again.
MS. CURLEY: This is the --
CHAIRMAN KAUFMAN: That's the one.
MR. LEFEBVRE: This was the case that we continued.
CHAIRMAN KAUFMAN: The county pulled. The county
withdrew it, right?
July 25, 2019
Page 64
MS. CURLEY: Correct.
CHAIRMAN KAUFMAN: Okay.
MR. GARCIA: I'm having a really hard time trying to find
somebody to finance the project so I can finish i t. Every time I find
somebody, they -- they will not do it because of the fines on it.
And as you can see, I have a letter from a lender.
CHAIRMAN KAUFMAN: LinkCapital.
MR. GARCIA: Yes, sir. That explains everything that I'm
trying to tell you.
MR. LEFEBVRE: So just a continuance, the fines keep on
going. If we grant an extension, would that afford him to finance
this -- to finish up?
CHAIRMAN KAUFMAN: That would wipe out all of the
accrued fines.
MR. LEFEBVRE: Correct. So an extension for a period of
time. Could we amend our motion where we do a possible fine of,
let's say -- let's say $5,000 and then grant an extension of time for 120
days so that way no fines are accruing, but there is something that's
received now? But we have to ask him -- we haven't even asked him,
have permits been pulled? What progress have you made?
CHAIRMAN KAUFMAN: Let's just start with that. Because I
remember the last meeting distinctly, and I remember somebody to
my left who said --
MR. LEFEBVRE: Yes.
CHAIRMAN KAUFMAN: -- if you show up at the meeting
and you haven't reactivated the permits, the Board would probably
not be in favor of extending anything. Am I correct, Jeff?
MR. LETOURNEAU: You are. I just want to point out also
that we've actually been contacted by some of the finance companies,
and I think it's not really the fines. It's more that there's an order
recorded, and they won't give the money because there's an order
July 25, 2019
Page 65
recorded regarding this issue.
So I don't know if, you know, what Mr. Lefebvre's talking about,
getting rid of the fines right now, is really going to help situation. I
think it's more the fact that there's --
CHAIRMAN KAUFMAN: An existing order.
MR. LETOURNEAU: Right.
MS. CURLEY: Well, when you read the letter, they spell it out
pretty good about right now the county's in first lien position, and this
is not a homestead. So you are really first lien.
So that, but if they knew the first lien position only had a $5,000
fine, they would be okay with that, but they can't, righ tfully, offer to
do business with this person if you're in first lien, and he's currently
owed (sic) $231,000. That would be an impossible loan. Even hard
money wouldn't loan on that.
So I think our -- I think what we're trying to do is to help you
finish your project, and we understand that you've been at this. And
we've immersed ourselves in this with you. So I really would like to
help this person finish what he's started.
MR. LEFEBVRE: So what progress have you made is probably
the most important question. And that's -- it was directed by me, and
I really wanted to have you come here and say, I got my permits done
or reactivated. I did this; I did this. It's in your court how we decide
this.
MR. GARCIA: I haven't done anything in the past six or seven
months because I don't have the money to do it.
MR. LEFEBVRE: But did you pull -- reactivate the permits?
MR. GARCIA: As of right now, no. It's expired right now for
the past two-and-a-half months.
MR. LEFEBVRE: I mean, that's --
MS. CURLEY: This is not normal that we have to -- we can't
just apply all these standard rules and iron fist this. I mean -- I mean,
July 25, 2019
Page 66
why would you --
MR. LEFEBVRE: That wasn't your tact last month.
MS. CURLEY: Why would you -- why would you, like,
reactivate a permit if he doesn't even have the money to hire a
contractor? I mean, I get the hanging ten right now.
MR. LEFEBVRE: Right.
MS. CURLEY: But --
CHAIRMAN KAUFMAN: Let me try this out to begin with.
This goes back to May of 2015. What happened in May of 2015?
You started building this?
MR. GARCIA: I started a -- yes. I bought the property halfway
done. Not halfway. All the way to the tie beam.
CHAIRMAN KAUFMAN: So you started --
(Simultaneous crosstalk.)
MR. GARCIA: I started to build on the property. I went
through -- I went through a divorce with my ex and my daughters and
all that, and the money that I have to build the house, to get -- I had to
help my ex with my daughters.
CHAIRMAN KAUFMAN: Okay. So --
MR. GARCIA: Get a place for them.
CHAIRMAN KAUFMAN: Okay. 2015 you started the project.
MR. GARCIA: Correct.
CHAIRMAN KAUFMAN: And you had it partially built.
MR. LEFEBVRE: It was already partially --
MR. GARCIA: It was already when I bought it.
CHAIRMAN KAUFMAN: Okay. From 2015, what has been
done to the property to now?
MR. GARCIA: The whole roof, it's finaled already; rough
electric; rough A/C; rough plumbing. They all pass inspections.
MS. CURLEY: We saw pictures about six months ago. The
house looks like it's finished sitting there.
July 25, 2019
Page 67
MR. GARCIA: Right. The whole outside's been done.
MS. CURLEY: Is there a fence around the pool?
MR. GARCIA: No, there's no fence around the property.
CHAIRMAN KAUFMAN: Is there a pool at the property?
MR. GARCIA: No, there's no pool.
MS. CURLEY: There is no pool.
MR. GARCIA: No. There's no pool or anything like that.
MS. CURLEY: So let's help this along.
CHAIRMAN KAUFMAN: The order would be to impose
either no fine or a partial fine, and then close the case.
Now, I don't know what the lender is going to do, and we'll
never know until they do it.
MR. GARCIA: I've been approved for the loan. It's just that he
won't close until he gets the first position of the lien --
CHAIRMAN KAUFMAN: That's not going to happen.
MR. GARCIA: -- on the property.
CHAIRMAN KAUFMAN: That's not going to happen. Whoa,
whoa, whoa.
MS. CURLEY: Wait a minute.
CHAIRMAN KAUFMAN: The first lien belongs to the county.
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: So what you're saying to me -- let
me see if I have this straight -- is that unless we completely abate the
fine, that's the only way they'll get first lien on the property?
MR. GARCIA: That's pretty much what he said on the letter.
CHAIRMAN KAUFMAN: I'm not in favor of that. So where
do we go from here?
MR. LEFEBVRE: I'm not in favor of totally abating the fine
either, but I'm in favor of structuring something that we cannot -- we
can't just close the case because be it's still open. So we can't close it.
MS. CURLEY: Yeah. I agree, but here's --
July 25, 2019
Page 68
MR. LEFEBVRE: So is there a way -- the --
CHAIRMAN KAUFMAN: Colleen ? Go ahead, Colleen.
MS. CURLEY: The boss is at the podium. Let's see what she
has to say.
(The speaker was duly sworn and indicated in the affirmative.)
MS. DAVIDSON: For the record, Colleen Davidson,
Operations Manager, Collier County Code Enforcement.
I have spoken with Mr. Lyons, who is the construction -- who
he's trying to get the construction loan, with numerous times. What
he ultimately wants done is the Board to set a fine amount now to be
paid at closing, and then our order would be satisfied and it would be
closed, and then that's when he would secure.
So that's why -- I suggested Mr. Lyons come to the meeting to
explain this.
MR. GARCIA: He wasn't able to. He's available on the phone. We
can call him if you need to.
MS. CURLEY: This letter explains exactly what you just said.
MS. DAVIDSON: That's what he relayed to me on the phone is
the first lien issue. I have reiterated to him numerous times that the
case is not in compliance, and I did state that we don't have the
authority; that that would need to go in front of the Code
Enforcement Board, and an order would need to be issued from code.
MS. CURLEY: There's a lot -- there's a lot behind this. I mean,
this --
CHAIRMAN KAUFMAN: I understand that. It's gone on since
2015.
Gerald, go ahead.
MR. LEFEBVRE: He went through a divorce and everything,
so there's a lot more behind the scenes. But, okay. Let's give one
scenario. We agree to not abate the fine, but let's say we do an
extension but part of the extension -- and I don't know if this can be
July 25, 2019
Page 69
done -- that there's a set amount, between 5- and $10,000 that we
agree to. We give him six months to complete the house. After six
months, it's not completed.
MS. CURLEY: But he already has his loan so the lender's out
of his business.
MR. LEFEBVRE: So he already has a loan, and now we start
fining him again. Is that a first lien position at this point --
MS. CURLEY: No.
MR. LEFEBVRE: -- or is it a second lien position?
CHAIRMAN KAUFMAN: First -- the county --
MS. CURLEY: It's first who recorded, so the --
MR. LEFEBVRE: That's what I'm asking.
MS. CURLEY: No. So the lender is number one, except --
MS. DAVIDSON: I don't know the complete answer to that. I
will say --
MR. LEFEBVRE: Well, that might be a call to our --
CHAIRMAN KAUFMAN: I think the county has the first lien
position. And if the IRS was involved, then they'd have the first lien
position, and it doesn't matter anything else. It's the entity that has
the lien, not when it was done.
MS. DAVIDSON: However, if you were to impose a set fine
today --
CHAIRMAN KAUFMAN: Right.
MS. DAVIDSON: -- then that case -- in order for you to have a
clear title for the loan to have fi rst, then we would have to -- you
would essentially abate the violation and make him pay the fine
instead. He would pay that fine at closing. Our case would be closed
at that point.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: But then you can't re-open the case.
MS. DAVIDSON: Correct. That's what I was going to say.
July 25, 2019
Page 70
MS. CURLEY: So whatever new violations, would it still be an
incomplete home, or would it be expired permit and lack of finals?
MS. DAVIDSON: That I don't -- I do not --
CHAIRMAN KAUFMAN: Jed?
MR. SCHNEK: Generally, on your orders imposing fines and
liens, it will be based upon number of days and the dollar value as
you see here.
But what also goes along with the order is a recurring fine that --
for each day. It just keeps adding up.
CHAIRMAN KAUFMAN: Accruing.
MR. SCHNEK: So I don't believe there is a way you can just
close the case. If you want to set a number, there's two things you
can do. You can extend the compliance date to forward to the
number of days that matches up with your dollar fine times $200, or
you could just make a finding that noncompliance was first
determined on this date to today's date.
But that's your two options there. But you're still going to have
an order recorded in the public record that there's a lien, and it's
continuing to bear $200 a day with interest.
MS. CURLEY: Not if we close it.
MR. LEFEBVRE: Not if we do an extension. An extension
stops the fines.
MR. SCHNEK: If you extend the date of compliance to
somewhere in the future, correct --
MS. CURLEY: Okay.
MR. SCHNEK: -- they would be wiped out.
MS. CURLEY: Let's do that.
MR. LEFEBVRE: They would be wiped out. They would be
wiped out until that period of time, correct?
MR. SCHNEK: That is correct. He would basically have a new
timeline for compliance.
July 25, 2019
Page 71
MR. LEFEBVRE: Correct.
CHAIRMAN KAUFMAN: Basically, what you're doing is
abating the fine.
MS. CURLEY: Hold on. I've got another way.
CHAIRMAN KAUFMAN: No, no, no. Go to that.
MR. LEFEBVRE: You're abating the fine, but what I'm saying,
is there any that way we can abate the fine but say there's a certain
amount right now you have -- like the lender's saying, between 5- and
10,000, say $7,500, and then extend it?
MS. CURLEY: Okay. Let's just be -- let's make this easier.
Let's just abate the fines, and then -- and then do a 90-day whatever.
MR. LEFEBVRE: More than that.
MS. CURLEY: And then start fines up again. Then he's going
to have to come back and speak to the fines. Let's just reset the clock
back to zero. We don't have to worry about -- we don't have to -- the
lender's the tail.
CHAIRMAN KAUFMAN: The lender has nothing to do with
this except funding.
MS. CURLEY: So what I'm saying is abate the fines. Let
him -- we'll give him one chance, reset the clock. You've got like a
year -- from a year on, and then -- or 60 days, and then let fines start
accruing, and then you come back to us when the home is done, and
you'll have another big balance that you'll owe us.
CHAIRMAN KAUFMAN: How do you justify abating the
fines when it says "the violation has not been abated"?
MS. CURLEY: Because this is not normal -- this is not a
normal thing. This is not a normal case. This person has invested his
lifesavings into a home, and our decision is going to make or break
whether this person owns this property or has anything to do with it
from here on in, and I don't feel like that's -- I don't feel that the four
of us should embrace that power that way. I think we should help
July 25, 2019
Page 72
him. That's what we're here for. We're a peer -- a board of your
peers, and we're volunteers, and I think it would be awful.
MR. SCHNEK: If you abate the fine today, I'm not sure exactly
what basis you would set forth for that, but you may run into an
issue -- and I'm not sure about this, but if you want to start setting
fines again, you're looking at a res judicata type issue where he's
already gone through the hearing process, been adjudicated guilty,
and gone through. So you're basically --
CHAIRMAN KAUFMAN: Double jeopardy.
MR. SCHNEK: It's almost like double jeopardy. But if it's for a
violation of another section of the code, you may have grounds to do
that.
MR. LEFEBVRE: But an extension --
MR. SCHNEK: An extension is basically just -- you're starting
all over again with the compliance.
MR. LEFEBVRE: So that's what she's basically saying
without -- it's not abating -- it's using different terminology.
MR. SCHNEK: Correct. If you extend it, it's off the table.
MS. CURLEY: So it's not double jeopardy?
MR. SCHNEK: No, it is not.
MR. LEFEBVRE: So the fines of 200 and -- what's the amount
again?
CHAIRMAN KAUFMAN: Two hundred dollars a day from
May 23rd --
MR. LEFEBVRE: Two thirty-one nine, or whatever it is, or
800, would be wiped clean --
MS. CURLEY: Right.
MR. LEFEBVRE: -- and then at a date that we set, they would
start again. Now, the question is, will -- and, again, the question I
have is, would that become a first lien position at that point?
MS. CURLEY: Who cares? That's not our -- we don't.
July 25, 2019
Page 73
MR. LEFEBVRE: What I'm trying to get at is, this Links might
care.
MS. CURLEY: But they're not -- they only care about -- they
only care about this guy until the day of closing, and then after that
they hope he doesn't pay because they want the whole house when
he's done. They don't care -- they don't have any right or say over
what he does to his property after that. They hope that he decides not
to do anything.
MR. LEFEBVRE: That wasn't a question to you. That was a
question to our board attorney.
MR. SCHNEK: If the Board takes action extending the date of
compliance, essentially, you will have another recording in the record
which eliminates that past one. So there's -- the county is in no
position at that point for a lien.
MR. LEFEBVRE: But after the time period -- let's say we give
him 90 days.
MR. SCHNEK: If he goes back -- goes past the new
compliance date, then you're back at the table again with whatever
amount.
MR. LEFEBVRE: But what lien position will the county be in?
MS. CURLEY: It depends on a lot of things. It depends if it's
his homestead. It depends on --
MR. LEFEBVRE: I'm not asking you. I'm asking our board
attorney.
MR. SCHNEK: Well, it does. There's a lot of different factors
that go into it, and -- without knowing what type of financial entity
this is and details like that. Generally a government lien that's
recorded and perfected is, you know -- it's primary status.
CHAIRMAN KAUFMAN: It's the primary status.
MR. LEFEBVRE: That's what I wanted to know. How much
time do you need to complete this? After financing, how much time
July 25, 2019
Page 74
do you need?
MR. GARCIA: After I get the financing, six months will be
more than plenty of time.
MS. CURLEY: All right. Let's write this motion for -- it's
resetting the clock and giving him six months.
MR. LEFEBVRE: An extension of time.
MS. CURLEY: An extension. All right. So I make a motion
for an extension of time of six months.
MR. DOINO: I'll second it.
MR. LEFEBVRE: Just to let you know, we were back and forth
quite a bit. You weren't here last month. It would have been very
helpful for you to be here.
It was back and forth. I was in agreement to put -- have this
case withdrawn so you could be here today, and Ms. Curley wasn't.
So you can see that she has a change of mind.
MR. GARCIA: Thank you.
MR. LEFEBVRE: It's very important for you to be here for a
hearing like this.
MS. CURLEY: You started this, so it's your responsibility to
finish it.
MR. GARCIA: I know it is.
MR. LEFEBVRE: So we have a motion, right?
MR. DOINO: Yeah.
CHAIRMAN KAUFMAN: I'll second that motion.
MR. DOINO: I already seconded.
CHAIRMAN KAUFMAN: Okay. As the Chairman, we have a
motion -- Gerald knocked the phone off the hook -- which I am
personally not going to vote for because this is a get -out-of-jail deal.
And the violation has not been abated, and I am against that. You
cannot abate a situation that has not been abated.
MR. LEFEBVRE: We're not abating it.
July 25, 2019
Page 75
MS. CURLEY: We're not abating it. You're using that wrong
word inconsistently.
MR. LEFEBVRE: Right.
CHAIRMAN KAUFMAN: You made the motion. You
seconded it.
MR. LEFEBVRE: No. It was seconded by --
CHAIRMAN KAUFMAN: You seconded it. Okay. All those
in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
Aye.
MS. CURLEY: So this should be an injection for you.
MR. GARCIA: It is, and I really appreciate it. Thank you. And
like she say, that's my lifesavings right there.
MR. LEFEBVRE: I can tell you right now --
MR. GARCIA: My daughter's college. I have everything in
there.
MR. LEFEBVRE: Six months from now we probably won't be
as gracious.
MR. GARCIA: Okay.
CHAIRMAN KAUFMAN: I heard that last month.
MS. CURLEY: Or we better be invited to the barbecue.
MR. GARCIA: You will.
MS. CURLEY: Just kidding.
MR. GARCIA: Thank you.
MS. CURLEY: Bye.
CHAIRMAN KAUFMAN: Next case.
MS. BUCHILLON: Next item on the agenda, it's No. 20 under
Public Hearings, CESD20190002150. Respondent's not present.
July 25, 2019
Page 76
It was -- we sent certified mail on July 10th, and it was also posted at
the property and the courthouse on July 2nd.
(The speaker was duly sworn and indicated in the affirmative.)
MS. GUY: Good morning.
CHAIRMAN KAUFMAN: Good morning.
MS. GUY: For the record, Paula Guy, Collier County Code
Enforcement.
This is in reference to Case CESD20190002150 dealing with
violation of Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a), expired new construction
permits, a well permit, PRWL20180102898, a single-family
residence permit, PRBD20160621813, and a right-of-way permit,
PRROW20160621820.
The location is 3315 16th Avenue Southeast, Naples, Florida,
34117; Folio #40992120100.
Service was given on February 28th, 2019.
I would now like to present case evidence in the following
exhibits: I have photographs that were taken by myself on
February 27th, 2019, and July 24th, 2019. Also there's an email
correspondence which was received from the previous owner on
March 21st, 2019.
CHAIRMAN KAUFMAN: Motion to accept the photos.
MR. LEFEBVRE: Make a motion.
MS. CURLEY: Second.
CHAIRMAN KAUFMAN: Motion and second. All those in
favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
July 25, 2019
Page 77
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Okay.
MS. CURLEY: May I just please -- what number case is this?
I'm not able to find this.
CHAIRMAN KAUFMAN: Twenty.
MS. BUCHILLON: Number 20 under hearings.
MS. CURLEY: I'm so sorry.
CHAIRMAN KAUFMAN: You want to describe what we're
seeing in the pictures.
MS. GUY: This was a field observation. It is an incomplete
home. It caught my eye because -- mainly because of the amount of
debris that spills all the way from the front of the house to the
driveway.
The case, like I said, was a field observation when I was on
patrol. There was a previous owner, which case number was
CESD20180013480. A new owner was recorded with the Clerk of
Court in February of 2019, and a new violation was issued.
On February 27th the inspection revealed that the new construction
expired permits were still in place, and a violation was issued to the
new owner.
On March 20th correspondence that I sent to an attorney located
on the deed for the new owner resulted in the previous owner
response advising that he would do a cleanup.
On March 21st re-inspection revealed the permits were still in
expired status.
As of today's date, July 25th, 2019, the violation remains, and no
other efforts of any communication from new owner has taken place.
CHAIRMAN KAUFMAN: Okay. Anybody want to make a
motion that a violation exists?
MR. DOINO: Make a motion a violation exists.
July 25, 2019
Page 78
CHAIRMAN KAUFMAN: We have a motion. I'll second it.
All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have a suggestion for us?
MS. GUY: I do. Recommendation is that the Code
Enforcement Board orders the respondent to pay all operational costs
in the amount of 59.56 incurred in the prosecution of this case within
30 days and abate all violations by:
One, obtaining all required Collier County building permits for
PRBD20180102898, PRBD20160621813, PRROW20160621820, or
demolition permits, 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 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. I think we need to get their
attention somehow. So whoever would like to fill in the blanks.
MS. CURLEY: So did you get service on any of these
mailings? Because the address here says it's Moscow.
MS. GUY: That's correct. And the actual previous owner,
July 25, 2019
Page 79
Serge Mahacan (phonetic), was a local resident, very difficult to
locate here in Collier County, and he quitclaimed the property in
October of 2018 to this new owner who is in Moscow.
MS. CURLEY: Yeah. He actually warranty deeded it, which is
worse. And it was done by a lawyer in Miami, and that's not our
business.
MS. GUY: That's correct.
MS. CURLEY: There's something weird going on here, so...
MS. GUY: Meanwhile, the property has been sitting vacant,
you know, since --
MS. CURLEY: Is it in foreclosure, do you know? Is there --
MS. GUY: No. There's no lis pendens. I've been searching. I
check every few weeks. That's -- and it takes a while for these things
to update in the system.
CHAIRMAN KAUFMAN: Do you have access to the building?
Can you get in it?
MS. GUY: Yes.
CHAIRMAN KAUFMAN: That means kids can get in it.
MS. GUY: Correct. It's a health-and-safety.
CHAIRMAN KAUFMAN: Health-and-safety issue. Okay.
MS. GUY: Yes, I agree.
MR. DOINO: Looks like the garage door's open.
MR. LEFEBVRE: It's new construction, correct?
MS. GUY: That's correct. It's not secured.
MS. CURLEY: So the person that transferred title back in
October, even though they didn't record it till January, did they start
this construction, or is this one of these things that's just been passed
down; do you know?
MS. GUY: He purchased this in 2015, if I'm not mistaken. So I
believe that Serge was the original owner and, you know, the
previous owner was the one that started the construction that was on
July 25, 2019
Page 80
the permits.
CHAIRMAN KAUFMAN: It doesn't matter. It's a property
that's in violation, and it's a safety -and-health violation as well.
MS. CURLEY: So the permits that are expired are in the old
owner's name, so they can't even reactivate those permits, right?
MS. GUY: They would have to get them removed; that's the
process.
MS. CURLEY: Okay. So I'll fill in the blanks. I'll give 60 days
with $250 per day.
MR. LEFEBVRE: Second.
MS. CURLEY: With operational costs paid as listed on there.
CHAIRMAN KAUFMAN: 59.56 within 30 days. Any
discussion on the motion?
(No response.)
CHAIRMAN KAUFMAN: Hearing none, all those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MS. GUY: Thank you.
MS. BUCHILLON: Next case is also hers; same property. It's a
nuisance abatement.
CHAIRMAN KAUFMAN: This is a what abatement?
MS. BUCHILLON: Nuisance abatement.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Number 21, CENA20190002191.
MR. LETOURNEAU: Yeah, it's pretty much the same thing.
July 25, 2019
Page 81
It's just the same pictures you're going to look at, same debris. We're
just asking that you guys find a violation of debris on the property.
CHAIRMAN KAUFMAN: Okay. So just a code violation. We
don't have to enact the Nuisance Abatement Board?
MR. LETOURNEAU: Right. It's just a litter and illegal outside
storage.
CHAIRMAN KAUFMAN: Okay.
MR. LETOURNEAU: I mean, we could --
CHAIRMAN KAUFMAN: You can breeze through this one.
(The speaker was previously duly sworn and indicated in the
affirmative.)
MS. GUY: For the record, Paula Guy, Collier County Code
Enforcement.
This is in reference to Case No. CENA20190002191 dealing
with violation of Collier County Code of Laws and Ordinances,
Chapter 54, Article VI, Section 54-181, construction trash and
materials to include, but not limited to, wood, metal, plastic, buckets,
metal drums, construction debris, and household trash.
The location is 3315 16th Avenue Southeast, Naples, Florida, 34117;
Folio #40992120100.
Service was given on February 28th, 2019.
I would like to present case evidence in the following exhibits:
Photographs taken by myself on February 27th, 2019, and on
March 21st, 2019, and July 24th, 2019. In addition, an email
correspondence received on March 20th, 2019.
CHAIRMAN KAUFMAN: Okay. Anybody want to find a
violation?
MR. DOINO: Make a motion a violation exists.
MS. CURLEY: I'll second.
CHAIRMAN KAUFMAN: We have a motion and second a
violation exists. All those in favor?
July 25, 2019
Page 82
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
You have a suggestion for us?
MS. GUY: I do.
My recommendation by the county is 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, 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 blanks days of this hearing, or a
fine of blank per day will be imposed until the violation is abated.
The respondent must notify the code enforcement investigator
when the violation has been abated in order to conduct a final
inspection to confirm abatement. If the respondent fails to abate the
violation, the county may abate the violation using any method to
bring the violation into compliance and may use the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order,
and all costs of abatement shall be assessed to the property owner.
CHAIRMAN KAUFMAN: Okay. Anybody want to take a stab
at filling in the blanks?
MS. CURLEY: Well, this was noticed in February and was
supposed to be corrected in March, and so it doesn't seem like even
30 days was motivation for him. So I'll say 15 days with $100 fine
per day.
MR. DOINO: Second.
July 25, 2019
Page 83
CHAIRMAN KAUFMAN: We have a motion and a second.
With the court costs --
MS. CURLEY: And 59.63 to be paid.
CHAIRMAN KAUFMAN: Thirty days.
Okay. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thank you.
MS. GUY: Thank you.
CHAIRMAN KAUFMAN: Next?
MS. BUCHILLON: Next item on the agenda under Imposition
of Fines, No. 1, CESD20170008234, 11222 Tamiami LLC.
(The speaker was duly sworn and indicated in the affirmative.)
CHAIRMAN KAUFMAN: Good morning, Joe. Let the record
show the respondent is not present. And I see the violation has been
abated.
MR. MUCHA: Joe Mucha, Collier County Code Enforcement.
The gentleman was here this morning, but he couldn't stay because he
had another meeting. He had supplied an email. I don't know if you
guys got a copy of that. And he's been here several times in the past.
I'm sure you remember him. This was about the dumpster that had to
be moved to a different site on the property, and he was having all
kinds of issues. And it's finally done. It's -- he was basically going to
come here to ask for the fines to be waived.
MS. CURLEY: Was it the one that he couldn't put it one place
because the Waste Management couldn't get around the building?
July 25, 2019
Page 84
MR. MUCHA: Yes, yes, yes, yes. But it's all done now.
Permit's closed out. Operational costs have been paid.
MR. LEFEBVRE: Make a motion to abate -- or motion to deny
the county's request.
MS. CURLEY: Yeah, I'll second that.
CHAIRMAN KAUFMAN: We have a motion and a second.
All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
Thanks, Joe.
MR. MUCHA: Thank you.
MS. BUCHILLON: Next item on the agenda, No. 3 under
Imposition of Fines, CEV20190000788, Jordan A. Thompson.
(The speaker was duly sworn and indicated in the affirmative.)
MR. SHORT: For the record, Investigator Eric Short with
Collier County Code Enforcement.
CHAIRMAN KAUFMAN: Let the record show the respondent
is not present.
MR. SHORT: This is regarding violations of the Collier County
Land Development Code 04-41, as amended, Section 4.05.03(a), and
Collier County Code of Laws and Ordinances, Section 130-96(a), and
130-97(5).
Location is 672 92nd Avenue North, Naples, Florida; Folio
#62704560004.
Recreational vehicle parked on the grass in front of the residence
and passenger vehicles parked on the grass and/or county
July 25, 2019
Page 85
right-of-way.
Your past orders were on April 26th, 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 in the Official Records 5629, Page 3162, for more
information.
The violation has not been abated as of July 25th, 2019.
Fines and costs to date are as follows: Fines have accrued at a rate of
$250 per day for the period from May 4th, 2019, to July 25th, 2019,
83 days, for a total fine amount of $20,000 -- $20,750. Fines
continue to accrue.
Previously assessed operational costs of $59.91 has not been
paid, and operational costs for today's hearing, $59.28. Brings us to a
total fine amount of $20,869.19.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Make a motion to impose.
MS. CURLEY: Second.
CHAIRMAN KAUFMAN: We have a motion and a second to
impose the fine. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: Next item on the agenda, No. 5 under
Imposition of Fines, CESD20180007463. Respondent was notified
certified mail July 2nd and the property was also posted at the
courthouse July 9th.
July 25, 2019
Page 86
CHAIRMAN KAUFMAN: Let the record show the respondent
is not present.
(The speaker was duly sworn and indicated in the affirmative.)
MR. MUCHA: For the record, Joe Mucha, Collier County Code
Enforcement.
This is dealing with a violation of Collier County Land
Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)
and 10.02.06(B)(1)(e).
Violation location is 51 Derhenson Drive, Naples; Folio
#49582000000.
Description of the violation is a carport built without first
obtaining Collier County permits.
Past orders: On February 28th, 2019, the Code Enforcement
Board issued a finding of fact, conclusion of law and order.
Respondent was found in violation of the referenced ordinances and
ordered to correct the violation. See the attached order of the Board,
OR5607, Page 519, for more information.
Violation has not been abated as of July 25th, 2019.
Fines and costs to date are as follows: Fines have accrued at a
rate of $100 per day for the period from May 30th, 2019, to
July 25th, 2019, 57 days, for a total fine amount of $5,700. Fines
continue to accrue.
Previously assessed operational costs of $59.42 has not been
paid. Operational costs for today's hearing, $59.35; for a total fine
amount of $5,818.77.
CHAIRMAN KAUFMAN: Have you been able to contact the
respondent?
MR. MUCHA: I have not been in touch with her, no, sir.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Motion to impose.
CHAIRMAN KAUFMAN: Second.
July 25, 2019
Page 87
We have a motion to impose. It's seconded. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. BUCHILLON: And we have left over is under motion to
amend previously issued order. We have two orders.
CHAIRMAN KAUFMAN: Are they scrivener's errors?
MS. BUCHILLON: I want to say yeah. It's missing some
information, and then the other one has the wrong abatement -- a
wrong violation.
CHAIRMAN KAUFMAN: You mean the number's wrong.
MS. BUCHILLON: On the first one, the CESD20180015758 --
CHAIRMAN KAUFMAN: Yes.
MS. BUCHILLON: -- is missing under order, it's got A, and
then B, it's missing the B on there.
CHAIRMAN KAUFMAN: Okay.
MR. LEFEBVRE: Is it missing B completely, or is it --
CHAIRMAN KAUFMAN: (B)(1)(a).
MR. LEFEBVRE: -- or is it just mislabeled?
MR. LETOURNEAU: I think it's missing the B. It just goes
from A to C without a B.
MR. LEFEBVRE: I wasn't sure if it was just mislabeled.
MS. BUCHILLON: It's actually missing B, and then part of
the -- it should say "respondent must abate the violation by
obtaining," it's missing all that.
MR. LEFEBVRE: Yeah, no. It jumps from "as amended
kitchen." That doesn't --
July 25, 2019
Page 88
MS. BUCHILLON: Yeah.
MR. LEFEBVRE: Okay.
CHAIRMAN KAUFMAN: It's a scrivener's error.
MR. LEFEBVRE: Yeah.
CHAIRMAN KAUFMAN: Okay. Do we have to vote on these
separately?
MR. LEFEBVRE: Yes.
CHAIRMAN KAUFMAN: Okay.
MS. BUCHILLON: Yes.
CHAIRMAN KAUFMAN: Take a motion to amend the first
case ending in 5758.
MR. LEFEBVRE: I make a motion on the first case to add
Letter B to the motion.
MS. BUCHILLON: Okay.
CHAIRMAN KAUFMAN: Okay. We have a motion. Do we
have a second?
MR. DOINO: Second.
CHAIRMAN KAUFMAN: All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
And the next one?
MS. BUCHILLON: The next one is CESD20180014394.
Under orders, B, it's got the wrong violation. It says "by removin g
barbed wire." That's not for that case.
MR. LEFEBVRE: Okay.
MS. CURLEY: Then he's free.
July 25, 2019
Page 89
MR. LEFEBVRE: Then he's free.
MS. CURLEY: No fine.
CHAIRMAN KAUFMAN: Jeff, what would you consider this?
MR. LETOURNEAU: I don't know what I would consider that.
Maybe your attorney might pipe in on this one. I'm not really sure
what I would consider this.
CHAIRMAN KAUFMAN: Was it a occupying a mobile home
without inspections?
MS. BUCHILLON: Yes.
MR. LETOURNEAU: Yes.
CHAIRMAN KAUFMAN: That's what it was?
MS. BUCHILLON: Yes.
CHAIRMAN KAUFMAN: And what was it stated?
MS. BUCHILLON: It was stated on here, "Respondent must
abate violations by removing barbed wire."
MR. LEFEBVRE: I remember the case.
MR. LETOURNEAU: Yeah, we do have a barbed wire case,
but -- yeah, I think there was a mix-up on the orders here.
MR. SCHNEK: Yeah, that would be a scrivener's error.
MR. LETOURNEAU: Scrivener's error.
MR. LEFEBVRE: I guess it goes to has the respondent started
to get into compliance with this order, or do we start a new --
MS. CURLEY: Well, he's in compliance because the barbed
wire's gone.
MR. LETOURNEAU: The barbed wire --
MS. BUCHILLON: The barbed wire's not for that one.
MS. CURLEY: I know.
CHAIRMAN KAUFMAN: Then it's gone. Okay. It's a
scrivener's error.
MR. SCHNEK: The correct -- the correction of a scrivener's
error would not change the effective date of the original order. It's
July 25, 2019
Page 90
what they call nunc pro tunc. The Chairman would sign off on it
nunc pro tunc to the back date when it was origi nally executed.
MR. LEFEBVRE: That was my question. Because could
someone say, well, I thought it was barbed wire, and I don't have
barbed wire. That was my question.
MR. SCHNEK: They could say that, but I don't think that
argument would hold any weight.
MR. LEFEBVRE: Okay. Because everything else shows -- the
violation and everything else shows --
MR. SCHNEK: Yeah. And they were here. It's on video.
There's minutes.
MR. LEFEBVRE: Perfect.
CHAIRMAN KAUFMAN: It's nice of them to name the wire
after me.
Okay. Do you want to make a motion on this one, Gerald?
MR. LEFEBVRE: Make a motion to amend the order to be a
mobile home.
MS. CURLEY: I'll second.
CHAIRMAN KAUFMAN: Okay. We have a motion and a
second. All those in favor?
MS. CURLEY: Aye.
MR. DOINO: Aye.
CHAIRMAN KAUFMAN: Aye.
MR. LEFEBVRE: Aye.
CHAIRMAN KAUFMAN: Opposed?
(No response.)
CHAIRMAN KAUFMAN: It carries unanimously.
MS. CURLEY: Just a point of clarification. I think it's barbed
wire. I don't think it's Bob wire.
CHAIRMAN KAUFMAN: But that's not funny.
MR. LEFEBVRE: Is that the last thing?
July 25, 2019
CHAIRMAN KAUFMAN: We got you out of here at 11 :30.
MR. LEFEBVRE: I make a motion to adjourn --
MS. CURLEY: Second.
MR. LEFEBVRE: -- if that's the last thing.
MR. DOINO: Third.
MS. BUCHILLON: Yes, it's the last thing.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 11 :30 a.m.
CODE ENFORCEMENT BOARD
iii /�� �
•BERT 1COJI!"AN, CHAIRMAN
These minutes approved by the Board on .M-1,9,46--t age o/'7, as
presented or as corrected
TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL
SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT
REPORTER.
Page 91