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CEB Minutes 09/26/2019September 26, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 26, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Chloe Bowman Sue Curley Ron Doino Kathleen Elrod Herminio Ortega ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Jed R. Schneck, Attorney to the Board Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 26, 2019 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE 1. CASE NO: CESD20180011460 OWNER: Carlos Valdes and Dulce Valdes OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition of a tiki hut without a Collier County building permit. FOLIO NO: 26081640007 PROPERTY 191 Smallwood Dr, Chokoloskee, FL ADDRESS: MOTION FOR EXTENSION OF TIME B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20170018879 OWNER: Nancy Chaves and Vahe Ohanessian OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior and exterior alterations, window installation/removal, concrete block without required Collier County permits, inspections and certificate of completion. FOLIO NO: 62708560000 PROPERTY 635 94th Ave N, Naples, FL ADDRESS: 2. CASE NO: CESD20180007557 OWNER: Farid Uddin Ullah OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Exterior lanai walls blocked in where there was screens originally, without first obtaining the required permits. FOLIO NO: 27690008123 PROPERTY 3633 Treasure Cove Court, Naples, FL ADDRESS: 3. CASE NO: CEAU20190007283 OWNER: Manes Moricette and Thelia Moricette OFFICER: Ryan Cathey VIOLATIONS: Florida Building 6th Edition (2017) Building, Chapter 1, part 2, Section 105.1. Unpermitted fence on the property. FOLIO NO: 25967801783 PROPERTY 14527 Abiaka Way, Naples, FL ADDRESS: 4. CASE NO: CESD20190006401 OWNER: Johnson Pharisien OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Per J. Walsh Building Determination, the existing rear structure requires a permit. Also, Permit # PRBD20180318305 – for the replacement of a mobile home has expired (Exp. Date 11/20/2018) without final inspections and the issuance of Certificate of Occupancy. FOLIO NO: 50890640002 PROPERTY 2617 Holly Avenue, Naples, FL ADDRESS: 5. CASE NO: CENA20180006273 OWNER: Witold Gruca and Jolanta Zoppa Gruca OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter and outside storage consisting of but not limited to household items and furniture. FOLIO NO: 67284520006 PROPERTY 39 Cajeput Dr, Naples, FL ADDRESS: 6. CASE NO: CEV20190003764 OWNER: Frances M Smugorzewski Est c/o Juanita Bowersox OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Section 130-96(a). Unlicensed vehicles parked in the grass and a boat without a trailer parked in the front of this residence. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL ADDRESS: 7. CASE NO: CEPM20190008861 OWNER: Frances M Smugorzewski Est c/o Juanita Bowersox OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-241(1). The boarded windows on this structure require a boarding permit. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL ADDRESS: 8. CASE NO: CENA20190003644 OWNER: Frances M Smugorzewski Est OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Witnessed debris and litter on this parcel. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL 34112 ADDRESS: 9. CASE NO: CEPM20190001632 OWNER: TERRA NOSTRA INVESTMENTS INC OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section(s) 22-228(1) and 22-240(1)(n)(1). Dilapidated dock in need of repair/maintenance. FOLIO NO: 01205840006 PROPERTY 8 Pelican Dr, Everglades City, FL ADDRESS: 10. CASE NO: CESD20190002990 OWNER: Lunel Napoleon OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition/structure added to the rear of the home without a permit. FOLIO NO: 77390001522 PROPERTY 13485 Koinonia Dr, Naples, FL ADDRESS: 11. CASE NO: CESD20190001769 OWNER: SA EQUITY GROUP LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(e). Structure(s) on the property without first obtaining Collier County Building Permit(s). FOLIO NO: 63864240001. PROPERTY 114 New Market Rd E, Immokalee, FL ADDRESS: 12. CASE NO: CEN20190001795 OWNER: PEG NAPLES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Sections 54-91, 54-92(b), 54-92(g)(5)(h) and 54- 92(g)(7). Amplified Sound Permit in violation. FOLIO NO: 38054160007 PROPERTY 2560 39th St SW, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20180006068 OWNER: Carmen Vasallo OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted flat-roofed aluminum storage shed, an unpermitted re-roof on a permitted frame storage shed, and two unpermitted canopies attached to the dwelling all in the rear yard of improved occupied residential property. FOLIO NO: 63852560007 PROPERTY 1013 New Market Rd W, Immokalee, FL ADDRESS: 2. CASE NO: CESD20170019893 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). One vertical structure was constructed in the rear yard of the property without first obtaining all applicable Collier County Permits. FOLIO NO: 39963680004 PROPERTY 3765 37th Ave NE, Naples, FL ADDRESS: 3. CASE NO: CESD20170010029 OWNER: Ramiro Teran and Gerenarda Teran OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development ode 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Buildings in rear of the structure and no Collier County Building Permit obtained. Permit 2007051003 for a re-roof did not receive a Certificate of Completion. FOLIO NO: 38341560006 PROPERTY 5671 Lancewood Way, Naples, FL ADDRESS: 4. CASE NO: CESD20190003630 OWNER: Jean R Darce, Rosela Joseph and Roger Angervil OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition(s) to mobile home without first obtaining required Collier County building permit(s). FOLIO NO: 71271920003 PROPERTY 47 Royal Cove Dr, Naples, FL ADDRESS: 5. CASE NO: CESD20170011238 OWNER: Caryn M McGrath OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 PROPERTY 659 Palm Ave, Goodland, FL ADDRESS: 6. CASE NO: CESD20140017065 OWNER: DAVIS CROSSINGS VIII LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Permit 2009120450 expired without inspections and certificate of completion/occupancy. FOLIO NO: 34690080008 PROPERTY 8770 Davis Blvd, Naples, FL ADDRESS: 7. CASE NO: CEROW20180004006 OWNER: Luis Patino and Papadorelly LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Dirt fill and culvert placed in the County Right-of-Way without first obtaining the required Collier County Right-of-Way Permit(s). FOLIO NO: 37591520004 PROPERTY 741 18th Ave NW, Naples, FL ADDRESS: 8. CASE NO: CESD20180014394 OWNER: Daniel R Blake and Sally Sue Blake OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Occupying the mobile home without first completing all inspections and receiving the certificate of completion/occupancy. FOLIO NO: 81626360004 PROPERTY 271 Sugar Loaf Ln, Naples, FL ADDRESS: 9. CASE NO: CESD20190001770 OWNER: MORGAN STANLEY CAPITAL INC c/o C-111 ASSET MANAGEMENT LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.13(F). Failure to submit Annual PUD Monitoring Report. FOLIO NO: 30806000083 PROPERTY 8360 Sierra Meadows Blvd, Naples, FL ADDRESS: 10. CASE NO: CENA20190004829 OWNER: Ernest J Valdastri OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Sections 54-181 and 54-185(a) and Collier County Land Development Code 04- 41, as amended, Section 2.02.03. High grass in excess of 18 inches. Outside accumulation of trash and litter. Storing of construction materials consisting of, but not limited to, tools, metals, plastic containers, small appliances and items not specifically for residential use. FOLIO NO: 49532360004 PROPERTY 30 Creek Cir, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE XIV.ADJOURN September 26, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody I'd like to call the Code Enforcement Board to order. I suggest that everybody who has a cell phone, including yours truly, turns their ringer off, as I have just done. Okay. And the last two members to arrive were stuck in the elevator. Were any of you stuck in the elevator? MS. CURLEY: We're just kidding. MS. BOWMAN: I mean, I have excuses, if you'd like them, but I have a feeling you don't want to. CHAIRMAN KAUFMAN: Notice: The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so 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 that record. And, if we can get everybody to rise, we'll do the Pledge of Allegiance. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start out with the roll call. MS. BUCHILLON: Sure. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? September 26, 2019 Page 3 CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. Herminio Ortega? MR. ORTEGA: Here. CHAIRMAN KAUFMAN: Okay. And effective at this meeting, Chloe Bowman is now an official member of the Board. Congratulations. MS. BOWMAN: Thanks. CHAIRMAN KAUFMAN: So we have a full board here this morning. Next on the agenda is the agenda. If you'd like to see if we have any changes. MS. BUCHILLON: Yes, we do, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. We have three stipulations. Number 12 from hearings, CEN20190001795, Peg Naples LLC. Number 3 under hearings, CEAU20190007283, Manes Moricette and Thelia Moricette. Number 10, under hearings, CESD20190002990, Lunel Napoleon. And now we'll go with withdrawn ones. CHAIRMAN KAUFMAN: Okay. September 26, 2019 Page 4 MS. BUCHILLON: Under public hearings, No. 5, CENA20180006273 has been withdrawn due to in compliance. Number 9 under hearings, CEPM20190001632, Terra Nostra Investments Inc., has been with withdrawn by Manager Jeff Letourneau. Number 11 under hearings, CESD20190001769, SA Equity Group LLC has been withdrawn due to a scrivener's error with the folio on the notice of violation. Under imposition of fines, No. 6, CESD20140017065, Davis Crossing LLC has been withdrawn per the director. Under imposition of fines, No. 8, CESD20180014394, Daniel R. Blake and Sally Sue Blake, has been withdrawn. They're in compliance. Number 9 under imposition of fines, CESD20190001770, Morgan Stanley Capital Inc., has been withdrawn. It's in compliance. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Go ahead. Can we get a motion from the Board to accept the agenda as modified. MR. DOINO: Motion to -- MS. ELROD: Motion -- second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. September 26, 2019 Page 5 CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Chris has another stip? MS. BUCHILLON: Mr. Kaufman -- no, we have another withdrawn one that I missed. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under imposition of fines, No. 1, CESD20180006068, has been withdrawn due to medical reasons. CHAIRMAN KAUFMAN: Okay. Can we get another motion to amend the amended motion? MR. DOINO: Motion to amend. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Why don't we begin. MS. BUCHILLON: Ready to start. Okay. We're going to start under public hearings, motion for continuance, No. 1, CESD20180011460, Carlos Valdes and Dulce Valdes. (The speakers were duly sworn and indicated in the affirmative.) September 26, 2019 Page 6 CHAIRMAN KAUFMAN: Good morning. Is there a letter on this, by the way, requesting this? MR. CATHEY: I believe I did send an email from the respondent. I don't have that with me, though. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Yeah, I don't have it either. CHAIRMAN KAUFMAN: I think in the future we should have that as part of our record. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. Good morning. MS. VALDES: Good morning. CHAIRMAN KAUFMAN: Yes. Could you say your name on the microphone for us. MS. VALDES: Yes. Dulce Maria Valdes. CHAIRMAN KAUFMAN: Okay. And you're asking for a continuance? MS. VALDES: I am. CHAIRMAN KAUFMAN: Okay. Based on what? MS. VALDES: We're going through the process. We're trying to get the Growth Department, Mr. Mark Berman, to agree for us to be able to buy 25 feet in front of our business so we can go ahead and acquire the correct permits for the tiki. CHAIRMAN KAUFMAN: Okay. And that's part of the case. But you're requesting for a continuance? MS. VALDES: I am. CHAIRMAN KAUFMAN: Since I don't have the email, how long is the -- are they asking for, and what's been done that the Board should consider granting a continuance or an extension of time? MR. CATHEY: This case was originally heard back in February. They were granted six months until the end of August, 29th. September 26, 2019 Page 7 Right around the same time as that case was ending, another case was open for two other tiki huts on the property. That case was -- went to hearing on August 29th. They were granted six months for that case in particular. Both cases at this point are kind of interlinked. They have to work on purchasing this easement from the county, as I understand, in order to properly permit all their tiki huts. So, basically, they need more time to get all that straightened out before they can apply for the permits. CHAIRMAN KAUFMAN: Do you have any idea the length of time that is required? MR. CATHEY: I don't know right now. CHAIRMAN KAUFMAN: Do you have any idea? Have they told you? MS. VALDES: I have a little bit of an idea. CHAIRMAN KAUFMAN: Okay. MS. VALDES: I have Mr. Craig Woodward, an attorney, helping me in this matter. And Mr. Cameron Woodward just spoke to me last week and told me that Mr. Berman from the Growth Department mentioned that until we don't have absolutely everything that is required in the packet, the packet cannot be turned in for approval. So we're almost there. We just need a few letters from, like, LCEC and Comcast to be able to say that it would be okay. We don't want to make absolutely any changes in the front of the cafe. It's a parking lot. We want to keep it that way. We don't want to do anything. We just want to be able to apply for the permit. If it wasn't because this came up -- a neighbor, you know, mentioned it to me, she had done it previously. We would have already taken down the tikis. But we're going to try this route. We want to see if we can get approved to purchase the 25 feet, and if we do get approved, then we'll go ahead and try to put in for the permits. If we September 26, 2019 Page 8 don't get approved, then the tikis will go down. CHAIRMAN KAUFMAN: And let me try again. Do you have any idea of how long of time you need. In other words, you're asking to either extend or continue this for some period of time? MS. VALDES: Yes. MS. CURLEY: I have a question that might be able to help her a little bit more. MS. VALDES: Thank you. MS. CURLEY: Craig, Mr. Woodward, did he explain to you -- were you asking Verizon and the other vendor to vacate their easements that they have along that section of land? Is that a word that sounds familiar to you? MS. VALDES: Maybe that sounds right. Now, the stipulation will be that we're not going to do absolutely anything. MS. CURLEY: That doesn't matter. So that's a little bit of a corporate triangle there. MS. VALDES: It is. MS. CURLEY: So Mr. Woodward's going to have to spend a little bit of time contacting those two companies. MS. VALDES: He is. MS. CURLEY: Because those are old easements. MS. VALDES: That's right. MS. CURLEY: So she's going to need six months. MR. LEFEBVRE: The other case that was heard in August, was that heard here? MS. VALDES: Yes. MR. LEFEBVRE: It was, okay. So maybe we should extend it out for five months and that way they're in conjunction with -- both cases are in conjunction with each other. MS. VALDES: We can do that. September 26, 2019 Page 9 MR. LEFEBVRE: That might be best so she doesn't have to come back here, like last month, and then come back here this month. She can just come back if she has to -- MS. CURLEY: And there's no way you can combine those all into -- MR. LEFEBVRE: Not combine them, but at least the time frames are combined so she can come one time. CHAIRMAN KAUFMAN: Hold on a second. I want to ask Herminio. You're most familiar on the Board with how long it takes to do things. MR. ORTEGA: My colleague brought up an interesting point. Is this -- are they buying a piece of property? MS. VALDES: No. MR. ORTEGA: So it seems like they are vacating the easement. MS. VALDES: Well, yeah. What happened was back in 1983 -- CHAIRMAN KAUFMAN: Don't want to get into the case. MS. CURLEY: It's just the swale area from the road. CHAIRMAN KAUFMAN: I understand that. What I'm asking is how long on these cases does it typically take? MR. ORTEGA: I would give her six months or the five months so it's in conjunction with the next. CHAIRMAN KAUFMAN: Okay. MS. VALDES: Thank you. MR. ORTEGA: You probably won't be able to answer -- you can answer permitting, but we can't answer what it takes for a corporation to review this and look at this. But I think five months would be reasonable. And the reason you have to acquire the land is so you have the proper setbacks; is that correct? MS. VALDES: Correct; 25 feet. MR. LEFEBVRE: So I make a motion that we continue this September 26, 2019 Page 10 case for five months. CHAIRMAN KAUFMAN: Do you want to continue it, or do you want extend it? MR. LEFEBVRE: Continue it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So no fines? CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: Yeah, I second that. MS. VALDES: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second for a five-month continuation, if you pardon the expression. Any other discussion on the motion? MS. CURLEY: Just one piece of information. I'd like to -- if you have to come back here, will you please make sure you bring some better documentation? MS. VALDES: Yes. I didn't have much to provide you with. MS. CURLEY: But from your attorney about what he's doing and the status. That would be very helpful. MS. VALDES: Next time I'll bring him with me. MS. CURLEY: That could get expensive. Maybe just a letter. MS. VALDES: Okay. MR. LEFEBVRE: Or if you can get any documentation from the county -- MS. VALDES: Absolutely. MR. LEFEBVRE: -- or any correspondence with whatever entities you're working with. MS. VALDES: Hopefully by then I'll have something from Mr. Berman. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. September 26, 2019 Page 11 MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. VALDES: Thank you very much. CHAIRMAN KAUFMAN: Five months. MS. BUCHILLON: Next item on the agenda under stipulations, No. 12, CEN20190001795, Peg Naples LLC. CHAIRMAN KAUFMAN: On this case we have a person from the public who would like to speak on it, so we'll go from there. Could you state your name on the microphone for us. MR. WILLIAMS: Marcus Williams. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Do you want to read the stipulations into the record? MS. PULSE: Sure. For the record, Dee Pulse, Collier County Code Enforcement investigator. This stipulation was signed by Marcus Williams who has been approved by the owner to be his representative here. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by maintaining the amplified sound levels to be in compliance with Tables 1 and 2 of Section September 26, 2019 Page 12 54-92(b) within 24 hours of this hearing, or a fine of $250 per day will be imposed till the violation is abated; Number 3, must comply with the approved hours of amplified sound and operation as indicated on the issued amplified sound permit within 24 hours of this hearing, or a fine of $250 per 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; 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: Okay. I'd like to, before we take this up, hear from the person who -- Larry Lawrence. I have a slip for Larry Lawrence. (The speaker was duly sworn and indicated in the affirmative.) MR. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. MR. LAWRENCE: I am a neighbor to this property that is Cracklin' Jack's, and we've been contending with this amplified music for years. And we'd like to see it turned down or completely comply with the code that they've asked for -- I mean, their amplified music permit, I'm sorry. That's about it. I mean, we've just been contending with it and asked them to turn it down, and it's been noncompliant for our request. So that's all I have. CHAIRMAN KAUFMAN: When does the music start? When does it stop? MR. LAWRENCE: It varies. In the past it's been starting about September 26, 2019 Page 13 somewhere between, I'd say, 6:00 and 7:00, maybe around 6:30 and run till, it varies, 9:00 to 10:30 at times. CHAIRMAN KAUFMAN: Okay. Have you been provided with the chart showing what the allowable sound level should be? MR. LAWRENCE: Yes, I have. CHAIRMAN KAUFMAN: Okay. And someone, I assume, has been out there to check the sound levels? MR. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. Are you satisfied with the agreement? MR. LAWRENCE: Yes, I am. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question. So it says that this notice -- they were first noticed April 26th, and then it was -- still needed to be corrected by May 10th. But it said -- was there any change in the behavior, sir, in the neighbors? Sir? MR. LAWRENCE: I'm sorry. I didn't hear you. MS. CURLEY: That's okay. Has there been any change since this -- we got -- they were noticed on April 26th of this year. Has there been any change in their behavior since then, or do you think -- is it going to start to -- MR. LAWRENCE: In the last couple months they seem to have turned it down or completely stopped some of the amplified music. They do still carry on karaoke on Thursday night, which is pretty loud with the base and all. I've called on several occasions to ask them to turn the base down. Not concerned about this so much at the moment. But they have not seemed to want to comply with that when I've asked them to as a good neighbor. And in the last week or two, I'm not positive but I'm pretty sure the music is, for the karaoke has just about stopped or slowed down. September 26, 2019 Page 14 I don't know if they've turned it way down or completely stopped it. CHAIRMAN KAUFMAN: Maybe they got better singers. MS. CURLEY: So is this outside, Dee? MS. PULSE: Yes, it is. MS. CURLEY: So when do they renew the permit? Every year for this amplified -- MS. PULSE: No. The permit is good for -- as long as the business use stays the same the amplified sound permit is good, or if they're found in violation and then there's a repeat violation, it can be revoked at that time. MS. CURLEY: So there's no civil penalty, I noticed, on the stipulation, which we would normally do for a second offense. CHAIRMAN KAUFMAN: Okay. Well, we have the gentleman who made the complaint saying that it appears to be okay now, and if it's not, I'm sure you'll file another one. MR. LAWRENCE: I haven't noticed the karaoke in the last two Thursdays, I can tell you that. I have not tried to be monitor it or be overly concerned about it. The neighbor directly next door to them have indicated that they're still playing the music, but I do not hear it at my location. I'm about 500 feet back from the business, and they're about 80 feet back from the business. CHAIRMAN KAUFMAN: Can I assume the county's been out there with a noise meter? MS. PULSE: Yes, sir, I have. CHAIRMAN KAUFMAN: So you found them in violation. That's why we have this? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. PULSE: And they're in violation of their allowable times on their stated -- that is on the amplified sound permit. They're to September 26, 2019 Page 15 have music from 3 p.m. to 7 p.m. only. CHAIRMAN KAUFMAN: Okay. Can you deliver that message back? MR. WILLIAMS: It's not a problem. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Anybody want to make a motion on it? MR. LEFEBVRE: Make a motion to approve the stipulated agreement. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Next stipulation is No. 3. MS. BUCHILLON: Next item on the agenda is Stipulation No. 3, CEAU20190007283, Manes Moricette and Thelia Moricette. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us before you're sworn in. MS. MORICETTE: My name is Moricette, Manes. September 26, 2019 Page 16 CHAIRMAN KAUFMAN: And are you going to be the only one testifying or both? MS. MORICETTE: This is my daughter. CHAIRMAN KAUFMAN: Okay. MS. MORICETTE: I'm here to translate. CHAIRMAN KAUFMAN: Move the microphone over so we hear both of you. And your name is? MS. MORICETTE: I'm Christina, and I'm just here to translate. CHAIRMAN KAUFMAN: Okay. When Terri swears you in, she'll swear you in as a translator as well. So first we do the swearing in; then we do the translator. Take it away, Terri. (The interpreter was sworn to truly and correctly translate English into Creole and Creole into English.) (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation in for the record. MR. CATHEY: Yes. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 90 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; and, 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, September 26, 2019 Page 17 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: When is the date on that, again, that it needs to be resolved by? MR. CATHEY: Ninety days. CHAIRMAN KAUFMAN: Ninety days; three months. Okay. You understand the agreement that you signed? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: And you'll be able to get this permitted within three months? MS. MORICETTE: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGA: I have one question. MR. CATHEY: Yes. MR. ORTEGA: Is there a pool involved in this or not? MR. CATHEY: A pool, no. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? September 26, 2019 Page 18 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have three months. Good luck. MS. MORICETTE: Thank you. MS. BUCHILLON: Next stipulation. CHAIRMAN KAUFMAN: Number 10. MS. BUCHILLON: Number 10, CESD20190002990, Lunel Napoleon. MR. LETOURNEAU: Having a little technical issue. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. EDMOND: Oliver Edmond. MR. NAPOLEON: My name is Lunel Napoleon. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record for us? MR. CATHEY: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion within 120 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; and, 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, September 26, 2019 Page 19 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You understand the -- MR. NAPOLEON: Yes. CHAIRMAN KAUFMAN: And you'll be able to get this permitted? Has it been built? MR. EDMOND: It's been built, yeah. CHAIRMAN KAUFMAN: And you're just going to apply for a permit now, after-the-fact permit? MR. EDMOND: Well, we tried to apply for the permit, right, but it costs too much. But what we're trying to do is we're going to tear it down and then get a permit so we can tear it down, and then after that we're going to try to build it again properly, you know. CHAIRMAN KAUFMAN: Okay. And you have four months, basically, to do that. MR. EDMOND: Okay. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGA: There's no life-safety issues here? MR. CATHEY: No. CHAIRMAN KAUFMAN: Any motions from the Board? MR. DOINO: Make a motion to accept the stip. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the stipulation. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. September 26, 2019 Page 20 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. EDMOND: Thank you. MS. BUCHILLON: Next item on the agenda under public hearings, D, hearings, 1, CESD20170018879, Nancy Chaves and Vahe Ohanessian. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the record for us, please. MR. SUTTER: Yeah, I'm Steven Sutter. CHAIRMAN KAUFMAN: And you are? MR. SUTTER: I was hired a week ago by these -- by Mr. Chavez to try and resolve this. I'm a contractor. I remodeled the house across the street from hers. I guess they started without a permit. They have a permit now, and they need it extended. They're rarely here. And I've got hundreds of pictures of the construction while it was under construction and their file and everything, and I want to try and get it resolved for them. CHAIRMAN KAUFMAN: Okay. We'll hear the case in a second. I just wanted to find out do we have permission from the owner for this gentleman to testify? MR. SUTTER: I have an email from her. CHAIRMAN KAUFMAN: Okay. Have you provided that to Art? MR. SUTTER: No. I showed it to her, but that was it. Do you want to see it? MR. FORD: It's not necessary. September 26, 2019 Page 21 MS. GONZALEZ: He just received it this morning, and I told him he could show it. CHAIRMAN KAUFMAN: Okay. You've seen it? MS. GONZALEZ: Yes. MR. LETOURNEAU: County has no objection for him to -- CHAIRMAN KAUFMAN: Okay. We'll take your word, both of you. Okay. Do you want present your case, please. MR. FORD: Good morning. For the record, Arthur Ford, Collier County Code Enforcement. This is in reference to Case No. CESD20170018879 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.2.6 (B)(1)(a), interior and exterior alterations, window installation/removal, and concrete block without required Collier County permits, inspections, and certificate of completion. Located at 635 94th Avenue North, Naples, Florida, 34108; Folio 6270856000. Service was given December 11th, 2017. I would like to present case evidence in the following exhibit: Two photos taken by me on December 5th, 2017, and a violation determination by the chief building official. CHAIRMAN KAUFMAN: So far so good. MR. LEFEBVRE: We've got to make a motion to accept. CHAIRMAN KAUFMAN: Okay. Get a motion to accept? Has the respondent seen the photos? MR. FORD: I don't believe so. CHAIRMAN KAUFMAN: Okay. Why don't you show him. MR. FORD: For the record, I didn't realize we were going to have a respondent or someone representing them here. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the pictures? September 26, 2019 Page 22 MR. SUTTER: No. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept. MR. LEFEBVRE: Make a motion to accept the pictures. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. FORD: On December 14th, 2017, Code Enforcement received a complaint of contractors working on Sundays and removing/installing windows. On December 5th, 2017, I made a site visit. No contractors on site. Photos taken of evidence of windows removed and replaced, exterior block installed, and wood framework stacked on the side of the house. While photographing the home, I could see through the windows that Sheetrock was removed from the walls exposing wiring and wood framing. I checked for permits. None on file for the address. On December 11th, 2017, I met with the chief building official who reviewed the case and determined that permits were required for the scope of work noted. A notice of violation was issued that same day along with a stop September 26, 2019 Page 23 work order. On December 14th, 2017, the property owner, Nancy Chaves, contacted me regarding the notice and the stop work order. I advised her of the violation and the need for required permits before work continues at the property. On April 23rd, 2018, Permit PRBD20180105693 was issued for the scope of work noted. Inspections of the work commenced on July 26th, 2019. I noted that the permit was due to expire on August 2nd, 2019. I called Ms. Chavez and left a message that the permit expires August 2nd and to schedule inspections or extend the permit. The permit expired on August 2nd, 2019, and to date the permit remains expired. CHAIRMAN KAUFMAN: Okay. This is before you were involved in the case? MR. SUTTER: Right; yes. CHAIRMAN KAUFMAN: Okay. So we need to find out whether a violation exists or not. So I'll be glad to take a motion from the Board. MR. LEFEBVRE: Let's hear from him. CHAIRMAN KAUFMAN: From who? MR. LEFEBVRE: Do you have any more information? MR. SUTTER: Everything he said's true, and they want me to get the permit extended and represent them for the inspections. We have a number of pictures and opened up a section of the wall and whatever else, you know, the county needs to see. I've been licensed in Naples 35 years, so I know what he needs to see. CHAIRMAN KAUFMAN: Okay. Well, the gentleman picked this up in the last couple weeks. MR. SUTTER: Eight days ago. CHAIRMAN KAUFMAN: Okay. So this thing was in violation prior to that. September 26, 2019 Page 24 MR. FORD: Correct. CHAIRMAN KAUFMAN: If that's correct, if the Board deems that. So I'm looking for a motion. MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: And we have a second. All those of in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we get into what needs to be done, et cetera. Do you have a suggestion for us? MR. FORD: I do. Recommend that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the interior and exterior alterations, window installations, and removal of concrete block within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a September 26, 2019 Page 25 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 my question is: You've seen the scope of work that needs to be done. How long do you think this is going to take to -- MR. SUTTER: Forty-five days at the most. CHAIRMAN KAUFMAN: Forty-five days? MR. SUTTER: Yeah. CHAIRMAN KAUFMAN: Okay. And you will be the person who is going to be responsible for pulling the permit or extending the other permit? MR. SUTTER: Yeah. I'll extend the permit and schedule the inspections. I mean, it should be a couple of weeks. Usually the extension takes a day or two, but, you know, I don't know what they're going to do here, so I want a little bit of time. But we'll get on it right away. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. So the property doesn't look like this anymore? MR. SUTTER: No. It's completed. There's one or two walls that are left open where they can see the installation and whatnot, but the windows are stuccoed and done. MS. CURLEY: According to the permit that's recently expired by someone else? MR. SUTTER: Right. There's been some inspections. Just -- there's a couple outstanding inspections. MS. CURLEY: So, what, do you take over the permit and you September 26, 2019 Page 26 change contractors on that? MR. SUTTER: I may just have her extend it in her name and then just be there for inspections, because I think it's quicker and easier. MS. CURLEY: She's got an owner/builder permit for new windows? MR. SUTTER: Yeah. MS. CURLEY: I didn't think you could do that for windows. MR. SUTTER: They originally had a contractor, but then she changed it to -- I believe it's owner/builder. I don't know. I can research it, or I can change it, put the permit in my name. MR. ORTEGA: As long as the property's under her name, not an LLC, trust, or corp -- MS. CURLEY: For windows? She can't install windows as an owner/builder. MR. LEFEBVRE: Yes, you can. MR. LETOURNEAU: You can build anything as an owner/builder as long as you live at that property. MS. CURLEY: Well, she lives in Canada. MR. LETOURNEAU: Well, then she might have an issue then. MR. SUTTER: I mean, she lives here as well, so... CHAIRMAN KAUFMAN: Okay. Someone like to make a motion on this? MR. LEFEBVRE: I make a motion that within 90 days or a fine of $250 per day will be imposed, and the operational costs in the amount of 59.21 be paid within 30 days. CHAIRMAN KAUFMAN: Okay. Do we have a second on that motion? MS. ELROD: I'll second. CHAIRMAN KAUFMAN: We have a second. Do we have any discussion on that motion? September 26, 2019 Page 27 MS. CURLEY: I just have a question. Is the property cleaned up or does -- MR. FORD: It's cleaned up. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: I oppose. CHAIRMAN KAUFMAN: You oppose? MS. CURLEY: I do. CHAIRMAN KAUFMAN: Okay, good. It passes. Thank you. Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 6, CEV20190003764, Frances M. Smugorzewski Estate. CHAIRMAN KAUFMAN: We also have a speaker from the public that wishes to speak, Greg Saunders. MR. JOHNSON: Good morning, Board. CHAIRMAN KAUFMAN: Good morning. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And your name on the microphone. MR. SAUNDERS: Gregory Saunders. CHAIRMAN KAUFMAN: Okay. And you're from the public. So the first thing we're going to do is we're going to hear the case. The respondent is not here. So then we will come to you before we make our motions. Okay. Good morning. September 26, 2019 Page 28 MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEV20190003764 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 130 Article III, Section 130-95 and Section 130-96(a), specifically unlicensed vehicles in the grass and a boat without a trailer parked in the front of this residence. Located at 2739 Holly Avenue, Naples, Florida, 34112; Folio No. 50890320005. Service was given on June 20th, 2019. I would now like to present case evidence in the following exhibits. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the exhibits. MR. DOINO: Motion to accept. CHAIRMAN KAUFMAN: Can we get a second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Respondent's not here to ask, so... MR. JOHNSON: If you want to do "view full screen," Mr. Letourneau, it will maximum what we're doing here. Up in the September 26, 2019 Page 29 top left, view full screen. CHAIRMAN KAUFMAN: It's my resident computer expert there. MR. LETOURNEAU: It's a work in progress right here. MR. JOHNSON: Okay. This is the aerial from the Property Appraiser. Just for the Board's information, this is up on Holly Avenue at the end of Bayshore. Everybody comfortable with where we are up there? Secondly, there are two photos taken by me September 23rd, 2019. You'll see this is a mobile home there on this property. As you have seen, this property has a number of vehicles that are parked in the front. The last known owner of this property died in 2003. A Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as a personal representative of this estate. All efforts to contact her have failed. Neighbors believe that she is currently incarcerated in Georgia; however, I have no proof of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming; however, you may want to hear from this representative now. CHAIRMAN KAUFMAN: Okay. MR. SAUNDERS: I first want to say that about a year ago I was in touch with Ms. Bowersox about acquiring and purchasing the parcel. She told me to take it; get my attorney to get it done. Then she went off the grid. What I did -- there was people that was squatting and doing horrific activity and drug activity out of there. So I worked with law enforcement and went over there for about three months, three, four o'clock in the morning, chasing people away. Got the swatters out. Cleaned up immensely. It was horrific. September 26, 2019 Page 30 Then, like I said, Ms. Bowersox fell off the grid. So my attorneys, who are working on this, have not been able to get it closed. Meanwhile, I was just needing an extension to get the vehicles and the boat and the rest of the stuff out of there. What happened was, there was a felony crime right before I took possession of the place, or was in the process of taking possession. So I was working with detects and police officers. There was a weapon that they tell me was hidden in the place. The reason why there's plywood up on the windows is because I fixed and re-glazed all the windows when I was working on purchasing the place. Whoever did the crime or associates pertaining to that broke back in through the windows to get the weapon, because I opened it up to let detects get in there to look for the weapon. They couldn't find it. So then I -- after fixing all the glass once, I decided to go ahead and put plywood on so they couldn't keep getting in there. I'm in the process now of having the glasses cut again, the window glass cut again, so I can re-glaze them in and remove the plywood. CHAIRMAN KAUFMAN: Has your attorney indicated that you would be able to purchase this property at some point in time? MR. SAUNDERS: Yes. CHAIRMAN KAUFMAN: Okay. Even if you can't find the owner? MR. SAUNDERS: Yes. Because -- because he has documentation about the purchase. We're just trying to get the last thing done, and he says he can handle it. CHAIRMAN KAUFMAN: So if -- to begin with, we need to find out whether a violation exists here or not, that's number one, and then what we would do going forward. So does anybody want to make a motion as to whether a violation exists? I see the truck in the September 26, 2019 Page 31 picture there. MR. JOHNSON: The boat is to the right of the truck as you see it. CHAIRMAN KAUFMAN: Right. MR. JOHNSON: And there's another vehicle on the left-hand side of the trailer that's under a cover. There's a motor scooter in front. MS. CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us, John? MR. JOHNSON: Yes, I do. The recommendation, that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining and fixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicles within a completely enclosed structure September 26, 2019 Page 32 and/or repair defects so vehicle is immediately operable or removing offending vehicles from residentially zoned area within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; Number 2, relocating all recreational vehicles -- this refers to the boat -- relocating all recreational vehicles to the rear yard or in a completely enclosed building or in a carport or on davits or cradles adjacent to waterways or remove offending vehicle from the residentially zoned property within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; 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: Do we have any idea who owns those vehicles? MR. JOHNSON: I have no idea who owns those vehicles. CHAIRMAN KAUFMAN: Okay. Do you have any idea who owns them? MR. SAUNDERS: Yes, I do, sir. I do. CHAIRMAN KAUFMAN: You own the vehicles that are there? MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: And you can get them removed, the boat removed -- MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: -- et cetera. September 26, 2019 Page 33 MR. SAUNDERS: Just yesterday evening I finally got confirmation on a place to store the boat, and I've just got to get the trailer and get it -- it fell over due to the rain, so I've got to get it jacked back up and get it on a trailer. CHAIRMAN KAUFMAN: Do we have any questions from the Board? MR. LEFEBVRE: Yeah. I have a question. At what stage are you in purchasing this property? You said there's one last thing. What's the last thing? MR. SAUNDERS: Just actually getting her to sign. MR. LEFEBVRE: Well, that's a big last thing. MR. SAUNDERS: Right. MS. BOWMAN: You have no idea where she is? MR. SAUNDERS: I actually did up till about four months ago and then, like I say, she just went off the grid. So my attorney is working on -- because there's also a brother. This was her mother and brother's place. They grew up in this house. There's a brother that's involved in it, too, and the reason why my attorney can get it handled is because the brother can sign as well. CHAIRMAN KAUFMAN: Okay. That's not our concern. That becomes your concern. Okay. Anybody like to make a motion on that? MS. CURLEY: I'll make a motion. I'll fill in the blanks for that. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I'll give the -- I'll give them 365 days or a fine of $100. And just as a -- just as a footnote, there's two more cases behind this -- MR. JOHNSON: Correct. MS. CURLEY: -- with similar things involving this, so -- and I know there's no second on this motion but, I mean, this is a really small, little tight-nit community out there, and I feel like what you've September 26, 2019 Page 34 done is, you know, something that most neighbors would never do, in spite of the fact that you have something to gain at the end. It's still very nice of you to work with law enforcement. CHAIRMAN KAUFMAN: Okay. You have a motion. Do we have a second? MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any comment on the motion? MR. ORTEGA: Was the -- did I hear 365 days? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: You did. MS. CURLEY: Well, that way it leaves this open for a year so his attorney doesn't have to mess with liens or anything that may be in the case, and then if he purchases it in the meantime, this case remains open, and he can sort through all this a lot easier without, you know, coming back and -- yeah. MR. SAUNDERS: If I may say something, Board. CHAIRMAN KAUFMAN: Hold on a second. MR. SAUNDERS: Sorry. CHAIRMAN KAUFMAN: Go ahead, Gerald. MR. LEFEBVRE: This case is, in fact, brought upon the person here, the person of interest in purchasing the property. It's not based on the previous -- or the owner that's here. It's -- he just admitted that -- MS. CURLEY: He's not the owner. It's based on the -- MS. BOWMAN: He's not the owner. MR. LEFEBVRE: Whoa, whoa, whoa. CHAIRMAN KAUFMAN: Hold on. MR. LEFEBVRE: I'm speaking. In his testimony he stated that he -- it's his vehicles, his boat and everything. Not the owner. So he actually put this on, and you're going to give him 365 days to -- he's September 26, 2019 Page 35 going to have it removed. MS. CURLEY: I heard his testimony and, yes, that is my motion. CHAIRMAN KAUFMAN: Okay. You have your motion. You have your comment. I'll give you my comment. The gentleman said he can have that removed lickety split for a -- okay. So let's vote on the motion and see where we go. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: All those opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Opposed. MR. ORTEGA: Opposed. CHAIRMAN KAUFMAN: Show of hands opposed. MS. ELROD: (Raises hand.) CHAIRMAN KAUFMAN: (Raises hand.) MR. LEFEBVRE: (Raises hand.) MR. ORTEGA: (Raises hand.) CHAIRMAN KAUFMAN: One, two, three, four. Motion fails. MS. CURLEY: All the realtors don't like it. MS. BOWMAN: I'm a realtor. CHAIRMAN KAUFMAN: You're out of line. You're of line. You're out of line. I don't want to hear that comment again. Anybody else like to take a motion? MR. LEFEBVRE: I make a motion the operational costs in the amount of I think it was 59.21 -- CHAIRMAN KAUFMAN: That's correct. MR. JOHNSON: Yes, sir. September 26, 2019 Page 36 MR. LEFEBVRE: -- be paid within 30 days and that the respondent has 60 days to remove the items or a fine of $250 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. JOHNSON: Is that for both Items 1 and 2? CHAIRMAN KAUFMAN: This is just -- MR. LEFEBVRE: Well, yes, yes. It will be for both items. MR. JOHNSON: Okay. Thank you. MR. LEFEBVRE: Just for clarification. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SAUNDERS: Thank you. CHAIRMAN KAUFMAN: Okay. So on this one -- this isn't you. This is the person who is missing, if you will, needs to do that. And if you can remove the vehicles for that person, this all goes away within 60 days. Okay. MR. SUTTER: Thank you, sir. CHAIRMAN KAUFMAN: So is your next case on this? MR. JOHNSON: I would hope so. Is me again? September 26, 2019 Page 37 MS. BUCHILLON: Yes. We'll just go with the two cases that he has after. CHAIRMAN KAUFMAN: Do you want stay for the second case? MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: Okay. (The speakers were previously duly sworn and indicated in the affirmative.) MR. JOHNSON: Good morning. Good morning, for the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEPM20190008861 dealing with a violation of Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-241(1), specifically the boarded windows on the structure require a boarding permit. Located at 2739 Holly Avenue, Naples, 34112; Folio No. 50890320005. Service was given on June 20th, 2019. Now -- I would now like to present case evidence in the following exhibits: One aerial and one photo taken by me on September 23rd. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the photos. MR. DOINO: Motion to accept. MR. LEFEBVRE: Has the respondent -- CHAIRMAN KAUFMAN: Respondent's not here. MR. LEFEBVRE: That's right. Sorry. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. September 26, 2019 Page 38 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. JOHNSON: As you have seen -- oh, wait. I'm sorry. You haven't seen. MR. LETOURNEAU: A little deja vu here. MR. JOHNSON: You know the location, and now the picture, sir, please. The boarded windows, as you can see. So as you can see, this property has illegally boarded windows. Might as well go to my recommendation. CHAIRMAN KAUFMAN: Well -- MR. JOHNSON: Do you need the rest? CHAIRMAN KAUFMAN: -- we have to go through the process. MR. JOHNSON: It is well written. CHAIRMAN KAUFMAN: Any -- MR. JOHNSON: I'm sorry. CHAIRMAN KAUFMAN: Do you have anything else to say other than it has illegally boarded windows? MR. JOHNSON: The last known owner of this property, and so on, as I read in the last one, do I read that into the record? CHAIRMAN KAUFMAN: Yes. MR. JOHNSON: Last known owner of this property died in 2003. Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as the personal representative September 26, 2019 Page 39 of this estate. All efforts to contact her have failed. Neighbors believe she is currently incarcerated in Georgia, although I have no confirmation of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming from the owner. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Current. CHAIRMAN KAUFMAN: Sir, as the public. MR. SAUNDERS: I'm actually going to remove the plywood and re-glaze the windows a second time. CHAIRMAN KAUFMAN: Okay. It's obviously not your responsibility. You know that. You're a good neighbor. What can I say? Hopefully you'll own it soon, and this work won't be done in vain. MR. SAUNDERS: Right. CHAIRMAN KAUFMAN: Okay. Discussion or motions from the Board? MR. DOINO: Motion. MR. ORTEGA: Question. CHAIRMAN KAUFMAN: Question. MR. ORTEGA: This is a mobile home? MR. JOHNSON: Correct. MR. ORTEGA: On tires, wheels? MR. JOHNSON: No, it's not on wheels. It's on its piers, on its pilings. MR. ORTEGA: Okay. And I take it there's going to be a permit that's going to be applied for? MR. JOHNSON: The mobile home has already been permitted to be there. That's from years ago. September 26, 2019 Page 40 MR. ORTEGA: Glazing, the re-glazing. MR. SAUNDERS: I don't believe there's a permit required to re-glaze a window. MR. ORTEGA: A window? One window? MR. SAUNDERS: There's three of them, sir, but I'm saying -- MS. ELROD: He's not replacing the glass -- I mean the windows. He's only replacing the glass. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Your point was that this is not a motor vehicle; is that correct? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. I understand. MR. SAUNDERS: Right. MR. ORTEGA: So if a permit's not required, then a permit's not required, and he can do the work. That's where I was headed with this. CHAIRMAN KAUFMAN: So anybody like to take -- MR. DOINO: Motion that a violation exists. MR. LEFEBVRE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 26, 2019 Page 41 CHAIRMAN KAUFMAN: It carries unanimously. Now you can give us your suggestion. MR. JOHNSON: My recommendation, that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by obtaining an approved boarding certificate from the Code Enforcement Department and boarding the structure to the specifications set forth by the ordinance or removing the boards from the windows and replacing the windows within X number of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated. 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 violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. MS. ELROD: How long do you think it will take you to re- glaze the windows? MR. SAUNDERS: About two weeks. CHAIRMAN KAUFMAN: Anybody want -- any other discussion on this, or a motion? MR. LEFEBVRE: In this particular case I know the boards need to be permitted, but if there's reoccurring break-ins on this house, it might be better to leave the boards up for a longer period so he can possibly work out -- CHAIRMAN KAUFMAN: I think you can structure your motion in that way. September 26, 2019 Page 42 MR. LEFEBVRE: Right, right. So what I would recommend in a motion is a fine of $150 a day and within 120 days the boards be removed, so it gives him plenty of time to leave the boards up and keep the house secure. MS. CURLEY: Could do 364. MR. LEFEBVRE: That's my motion. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you have enough time. Hopefully your lawyer can get this all -- and these fines and whatnot are not on you. They are on the owner of the property. MR. LEFEBVRE: But they potentially -- MR. SAUNDERS: Could be -- CHAIRMAN KAUFMAN: Could be. MR. SAUNDERS: -- once I purchase it if they're on there, but I'm going to take care of the issues. September 26, 2019 Page 43 MS. ELROD: But we've left you enough time to leave the boards up until you handle it. MR. SAUNDERS: That's correct. CHAIRMAN KAUFMAN: Great. You can be my neighbor anytime. My grass needs to be cut. No. Thank you very much. MR. SAUNDERS: Thank you, sir. MS. CURLEY: We've got one more. CHAIRMAN KAUFMAN: We've got one more? MS. BUCHILLON: We've got one more case, yes. CHAIRMAN KAUFMAN: Which case number is this? MS. BUCHILLON: Number 8, CENA20190003644. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Wait. I'm already sworn in, am I not? MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: It wears off. It wears off each case. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show the respondent's not present for this case as well. And present your case, please. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CENA20190003644 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, and Collier County Land Development Code 04-41, as amended, Section 2.02.03, specifically, there is illegal debris and litter on this property. Located at 2739 Holly Avenue, Naples, 34112; Folio No. 50890320005. Service was given on April 4th, 2019. I would now like to present case evidence in the following exhibits: The aerial from the Property Appraiser's site and two September 26, 2019 Page 44 photos taken by me on September 23rd, 2019. CHAIRMAN KAUFMAN: Motion to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: This is some of the debris. You see here the concrete and the construction debris. Can I have the next photo, please, sir. And I don't know what this -- well, that thing. I don't know what that is, but some type of appliance or trunk or something. There's some pipes. It's just miscellaneous. And, actually, it's quite a bit cleaner than it was when it first started, I'll be honest with you, so... As you have seen, this property has unauthorized litter -- THE COURT REPORTER: I'm sorry. Can you slow down just a bit? MR. JOHNSON: Huh? THE COURT REPORTER: You've been doing a speed contest. Can you slow down a little? MS. CURLEY: I've a question about the -- MR. JOHNSON: Am I winning? September 26, 2019 Page 45 CHAIRMAN KAUFMAN: Hold on. Hold on. Let him finish. What Terri's saying you're talking faster than Mark Strain. That's fast. MR. JOHNSON: He's my hero. As you have seen, this property has unauthorized debris and litter being stored outside. The last known owner of this property died in 2003. A Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as the personal representative of this estate. All efforts to contact her have failed. Neighbors believe that she is currently incarcerated in Georgia; however, I have no proof of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming from the owner. Recommendation? MS. CURLEY: Can you zoom up on the aerial picture. MR. JOHNSON: I'm sorry. MS. CURLEY: Would you please zoom up on the aerial picture. MR. JOHNSON: Sure. I'll have my assistant. Mr. Letourneau, could you zoom on the aerial, please. MR. LETOURNEAU: Hold on one second here. Do you have a -- we don't have an aerial -- MS. CURLEY: Oh. I was just wondering -- the first picture with the concrete. You saw the fence. Should we just assume the fence line is the property line? That concrete looks like it's in front of it by the road. MR. JOHNSON: You are correct. I don't know if the fence is the property line, though, but it's certainly part of the property in the right-of-way. That creates a responsibility as an improved lot. MS. CURLEY: What -- is that, like, DOT concrete, or what is September 26, 2019 Page 46 that? Is that like -- MR. SAUNDERS: It's a great question, and I don't know. It showed up there one day, literally. And they're big pieces of concrete. I have no idea. CHAIRMAN KAUFMAN: Okay. MR. SAUNDERS: The only thing that I want to say is, as crazy as this sounds, that place looks like Port Royal now compared to what it looked like; I promise you. CHAIRMAN KAUFMAN: Okay. Do you have any comments other than that? MR. SAUNDERS: No, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Can you tell us, do you happen to know what that thing is in front of the tree? MR. SAUNDERS: Yes. That's a generator, ma'am. MS. CURLEY: Is it being used? MR. SAUNDERS: Not there, no. MS. CURLEY: Oh, like an enclosed generator? MR. SAUNDERS: That's a generator that would run a complete house of about 1,500 square foot under air. CHAIRMAN KAUFMAN: Okay. We'll be there tomorrow to pick it up. No. MS. CURLEY: Is that a violation, then, if that's his energy source -- if that's that property's energy source? I'm trying to -- MR. JOHNSON: If it's working -- it's not working. It's not working. It's not hooked up, right? MR. SAUNDERS: That's correct, sir. MR. JOHNSON: I would still say it's an illegal outside storage being there not being used. CHAIRMAN KAUFMAN: Okay. Does a violation exist? MS. ELROD: I make a motion a violation exists. September 26, 2019 Page 47 CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. JOHNSON: I do, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 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 blank number of days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. The respondent must -- No. 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 September 26, 2019 Page 48 Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you cleaned most of this up already? MR. SAUNDERS: (Nods head.) CHAIRMAN KAUFMAN: Okay. And whatever's left you have no problem getting rid of? MR. SAUNDERS: No, sir. I'll take care of it. CHAIRMAN KAUFMAN: Okay. Anybody like to fill in the blanks on that motion? MR. LEFEBVRE: Make a motion that 59.21 be paid within 30 days, ninety days to remove everything, or $100-a-day fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. SAUNDERS: Board -- I want to say thank you, Board. Have a wonderful day. CHAIRMAN KAUFMAN: You, too. September 26, 2019 Page 49 MS. ELROD: Good luck. MR. SAUNDERS: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 2, CESD20170019893, Grettal Gonzalez and Oscar Garcia. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your names on the microphone for us, please. MR. BATISTA: My name is Hector Batista. MR. GARCIA: My name is Oscar Garcia. CHAIRMAN KAUFMAN: So I have Gonzalez and Garcia? MR. GARCIA: Right. CHAIRMAN KAUFMAN: So you're Garcia. MR. GARCIA: Oscar Garcia. MR. BATISTA: He's Garcia. CHAIRMAN KAUFMAN: Okay. Just wanted to know the cast of characters before we continue. Okay. MR. ODOM: Okay. Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is an imposition of fines. Past orders: On July 26th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5540, Page 2963, for more information. The violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of $250 per day -- correction -- per day for the period from October 25th, 2018, to September 26th, 2019 for 370 -- 337 days for September 26, 2019 Page 50 a total fine amount of $84,250. Fines continue to accrue. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing: $59.43. Total amount: $84,309.43. CHAIRMAN KAUFMAN: Okay. Sir? MR. BATISTA: Yes, sir. CHAIRMAN KAUFMAN: You have a violation that we're going to vote whether to impose the fine or not. This has been going on for over a year. Close to -- yeah, over a year. MR. BATISTA: The problem was it wasn't only one violation we had. It was the pool, the driveway. There's a lean shed on the back. And I've been working -- as you can see the file, everything the county asked me, everything's closed. The only thing right now that I'm working on with Michaelle Crowley, it's the square footage of the lime rock. The tree's been planted, the property's clean, all the trees are in. But it takes a lot of paperwork that sometimes we don't understand, and it goes back into the county, it takes, you know, their time for them to resolve this, send it back to me, you know. And that property we have, like, five surveys difference on what they want done. So I think last time, that was two weeks ago, right, that I went to see Michaelle Crowley? MR. ODOM: (Nods head.) MR. BATISTA: She gave me exactly what I needed to finish this thing up, and the size of the boat. And we've really been working at it very hard, sir. We just haven't been sitting down there for 300 -- like I said, it was, you know, the entrance, the pipe on the front, the pool, all these permits already been closed. The only thing that I need to work out is the square footage on this, which when I leave here today, I'm going to try to go to the county and see if that's what she wants, write it up, give it to her. September 26, 2019 Page 51 The shed's already been approved through the county. It's passed inspection. All I need is this so I can get my CO. CHAIRMAN KAUFMAN: So you're going to request that we continue this or extend this to some -- MR. BATISTA: Yes. Can you extend it at least -- I don't know. Give me -- let's put it this way: Give me two months. I'm going to try to get it done for you this week. It's all the county also. I can't tell the county -- you know, I can't drop this and tell them, give me the paper tomorrow. Sometimes it takes them two weeks, and it goes to another department. On this thing, it's like two -- I think two, three departments that look at it. So it goes from one department to two department till I get it back. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question for the county. MR. ODOM: Yes, ma'am. MS. CURLEY: How come the -- why didn't we hear this case, like, last year when it -- why does it take, like, 11 months? MR. ODOM: Well, that's a fair question. There has been -- communication's been great moving forward. There's been progress. They issued their after-the-fact permit, which is why -- one of the reasons why this is taking so along. There's a lot of to sift through for this carport. And I think, generally, the reason why we didn't hear it sooner is, number one, it's not health and safety and, number two, efforts have been consistent moving forward. There's a lot of rejections in there, and we kept thinking, okay, we're going to get it right this time, and then it fell through. So there's -- it passed its final inspection. There's just CO holds now that they're working through. And this is also in conjunction with the clearing case as well. So there's a lot to sift through with September 26, 2019 Page 52 many different reviewers. So they keep getting tripped up, but we've decided to give them a lot of time, and then -- hope that answers your question. MS. CURLEY: So what triggered it to come today? What if we had waited for it to come, like, next month? I mean, is there just some rule of thumb that you guys follow? MR. LETOURNEAU: Yeah. We look at every case that's going to be up for imposition. If we feel that there has been sufficient compliance efforts, we will hold off before we bring it to the Board. I think at this time we felt that probably they had stalled a little bit at this point, so we felt like we were going to bring it. MR. ORTEGA: Well, it states there's a vertical structure that was built. Is that what you're doing the after-the-fact or -- MR. BATISTA: Yes, sir. MR. ORTEGA: -- after-the-fact permit? MR. ODOM: Yes. MR. ORTEGA: And right now it's in permitting stages. It's been rejected. You're trying to sift through that. MR. ODOM: Correct. There are CO holds on it right now, one including stormwater, one including environmental, approval of plantings with a separate case, and they're also running into impervious issues now. So it's a lot to sift through, and clarification has been needed for the correction/rejections. And I believe on the 5th of September was the last meeting at 2800. So there's been a lot of effort moving forward, but after the fact it's been very difficult, I think, to correct this, so... MR. ORTEGA: When you say "after the fact," you mean permit after the fact? MR. ODOM: Yes, sir. MR. ORTEGA: Well, there's nothing to correct unless it's being September 26, 2019 Page 53 brought into compliance. But if it's the after the fact, that means it's already in compliance. MR. ODOM: I meant to say an after-the-fact permit, because this was all done without a permit at first, so now, you know, getting the permit CO'ed, they're running into problems. That's what's taking so long. CHAIRMAN KAUFMAN: Was this originally started under the same ownership? MR. ODOM: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: Then you can't do an after-the-fact permit; am I right? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: So I just mention this. MR. ORTEGA: You have to have a permit. CHAIRMAN KAUFMAN: I understand that. But if you're the one that did it, then you're the one who is not eligible for the after-the-fact permit. MR. ORTEGA: That is correct. The violator cannot apply for a permit by affidavit. So there have to be inspections in lieu of by engineer. MR. LETOURNEAU: I believe there's a little confusion here. An after-the-fact permit is something that the county charges when something's built and they don't get a permit for it originally. After-the-fact fees can be added on as a semi penalty for obtaining the permit later. I believe you're talking about a permit by affidavit. CHAIRMAN KAUFMAN: Right. You're right. MR. LETOURNEAU: Which is totally two different things. CHAIRMAN KAUFMAN: Okay. So you think you can get this done in two months; is that correct? MR. BATISTA: Yes, sir. Hopefully in a week. CHAIRMAN KAUFMAN: Okay. September 26, 2019 Page 54 MR. BATISTA: If everything is fine and it doesn't have to go to the county and through four or five people. I'm taking it to her right now. If she says, okay, I've got the survey already approved, everything, all I've got to do is write the numbers down on a piece of paper, give it to her -- because the lean shed, just so you know, it passed. The only thing, I can't get a CO until I get all this. All my inspections passed. MR. ORTEGA: With a condition. MR. BATISTA: With a condition to when I finish this, then they'll give me a CO of the whole thing. CHAIRMAN KAUFMAN: Somebody like to make a motion on an extension, a continuation, or to impose the fine? MS. CURLEY: I make a motion to extend this for 60 days. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Extend or continue? MR. LEFEBVRE: Extend the fines keep accruing, correct? CHAIRMAN KAUFMAN: I think the fines continue on a continuation. MS. BUCHILLON: Yes. MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: So are you sure you want an extension or a continuation? MS. CURLEY: Whatever Gerald wants. He seconded it. MR. LEFEBVRE: No. It's the one that makes the motion. MS. CURLEY: Then I'm fine with the way it is. We don't need to add any more to that amount, in my opinion. MR. LEFEBVRE: I'll keep my second. CHAIRMAN KAUFMAN: Okay. So that means that all these fines go away today. MS. CURLEY: Sure. I mean, we should have seen him in November, you know, and then he would have maybe had a little bit September 26, 2019 Page 55 more, you know -- CHAIRMAN KAUFMAN: Well, my personal belief is you continue it and, when it gets all resolved, then the respondent can come and ask for the fines to be abated. But to just, before it's in compliance, to -- you're, in essence, abating all the fines. To me that doesn't fly. MS. CURLEY: I just feel like it was -- you know, they gave them 337 days post his time that he was given, and -- MR. LETOURNEAU: Can I say something on that? MS. CURLEY: Give him, like, 60 days. CHAIRMAN KAUFMAN: Sure. MR. LETOURNEAU: That's a benefit to the respondent when we don't bring it in right away for an imposition. Because if we bring it right away, say we brought it in November and you guys imposed at that point, at that point it's going to be out of your hands and it's going to be into the BCC hands. Fines are going to continue to run, and there's no way that they're going to be able to come before you guys and deal with it like we are right now. That's why, if they're making compliance efforts, we try to keep it in-house. That way we can bring it before you guys and you can do what you're doing today. MR. ODOM: And I asked for that. That was me who said can we hold off. CHAIRMAN KAUFMAN: Okay. There's two ways to hold off. One is a continuation and one is an extension. An extension erases all the fines, and they do not continue. They start from today. MS. CURLEY: I see your -- I see your view. I get it. I just feel like it's -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- you held off but then at the ninth hour, you know, you change your mind. MR. LETOURNEAU: I don't think -- it wasn't really a ninth September 26, 2019 Page 56 hour. I looked at the case, and it appeared that they weren't making any progress. At that point, you know, if they're not moving towards compliance, Code Enforcement feels that it's -- at this point we need to think about imposition. MS. CURLEY: I know. So you had said that September 5th was the last activity on it. I don't think that's that long ago. That's 20 days ago. MR. LETOURNEAU: Well, I probably submitted it for imposition before that date right there. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So just to clarify, are we talking about an extension or a continuation? MR. LEFEBVRE: The motion and a second is an extension. MS. CURLEY: Yeah. MR. LEFEBVRE: And that's what's on the table. So, if we could, let's go to vote. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Those opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. One, two. Okay. Motion carries. Okay. MR. BATISTA: All right. Thank you very much. MR. ODOM: Thank you. MR. BATISTA: You all have a nice day. September 26, 2019 Page 57 MR. LEFEBVRE: So just a quick clarification. If they come into compliance, then we won't have to have them back in front of us, correct? MR. LETOURNEAU: We will, because there will be -- oh, no, there won't. If they come into compliance now, you have waived the outstanding fines at this point, I believe, so, yeah. MR. LEFEBVRE: Including any operational costs for today, correct? MR. LETOURNEAU: Yeah, including -- so, yeah, if they come into compliance within the next 60 days, you won't see this case again. MS. CURLEY: It's called de-bogging the system. MS. BUCHILLON: Next item on the agenda -- MR. LEFEBVRE: Yes. MS. BUCHILLON: -- under imposition of fines, No. 2, CESD20170010029. I'm sorry, No. 3, Ramiro Teran and Gerenarda Teran. MS. CURLEY: What number? MS. BUCHILLON: Number 3 under imposition of fines. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record? Can you state your name on the microphone for us? You can pull that down. There you go. MS. GERENARDA TERAN: My name is Gerenarda Teran. MS. AMY TERAN: And I am Amy Teran. CHAIRMAN KAUFMAN: Okay. MS. PULSE: For the record, Dee Pulse, Code Enforcement investigator. Okay. This is Collier County violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) September 26, 2019 Page 58 and 10.02.06(B)(1)(e). Location is 5671 Lancewood Way, Naples, Florida; Folio 38341560006. Buildings in the rear of the structure and no Collier County building permit obtained. Permit 2007051003 for a reroof did not receive a certificate of completion. Past orders: On March 22nd, 2018, the Code Enforcement Board issued a findings 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, OR5493, Page 3290, for more information. On August 23rd, 2018, the Code Enforcement Board granted an extension of time. See the attached order of the Board, OR5549, Page 956, for more information. On January 24th, 2019, the Code Enforcement Board granted an extension of time. See attached order of the Board, OR5603, Page 2094, for more information. The violation has been abated as of July 30th, 2019. Fines have accrued at the rate of $150 per day for the period of May 18th, 2019, to July 30th, 2019, 74 days, for a total fine amount of $11,100. Previously assessed operational costs of $59.42, $59.35, and $59.63 have been paid. Operational costs for today's hearing: $59.91. Total amount: $11,159.91. CHAIRMAN KAUFMAN: Okay. And you are here today to ask for... MS. AMY TERAN: A waive of the fees. CHAIRMAN KAUFMAN: Any motion from the Board? MR. LEFEBVRE: Just a question. Why did it take so long? It was a reroof. Why did it take so long to get into compliance? MS. AMY TERAN: So we did have three permits that are after September 26, 2019 Page 59 the fact that we did have to bring into compliance. The roof was, I believe, a problem that was opened, I believe, earlier in the 2000s, and it didn't come to our attention. So when we did have that problem brought to us, we did do our best of our extent to bring everything into compliance with all three of the permits. It took quite some times due to medical problems with family -- expensive. This is a lengthy and pricy progress (sic). We did bring it to our best of extent (sic) that we could and the timing. MS. CURLEY: Wasn't this, like, a roof that was not permitted before they owned it or, like, 10 or 20 years ago, and then they got caught up in having to fix this whole history? MS. PULSE: Yes, that's true. MR. LEFEBVRE: Make a motion to deny the county's request to impose the fines. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Fines are gone. MS. AMY TERAN: Thank you. MS. GERENARDA TERAN: Thank you. MS. CURLEY: Thank you. September 26, 2019 Page 60 MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 4, CESD20190003630, Jean R. Darce, Rosela Joseph, and Roger Angervil. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. DARCE: Jean Robert Darce. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: For the record -- CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. We're here for an imposition of fines today. The violation is of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06 (B)(1)(e). The location is at 47 Royal Cove Drive, Naples, Florida; the Folio is 7127192003. The description is there was an addition to a mobile home without first obtaining the required Collier County buildings permits. And the past orders of this case are on June 27th, 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, OR5652 and Page 841, for more information. The violation has been abated as of September 11th, 2019. The fines and costs to date are as follows: The fines have accrued at a rate of $150 per day for the period of -- from August 27th, 2019, to September 11th, 2019, 16 days, for a total fine amount of $2,400. Previously assessed operational costs of 59.56 have not been September 26, 2019 Page 61 paid. Operational costs for today's hearing is 59.28; for a total of $2,518.84. I would like to add something to this, going back to the previously assessed operational costs of 59.56, stating that they had not been paid. Mr. Darce was under the impression that he would be able to pay the costs here today at the hearing, so -- but we don't have any -- we don't have a receipt or anything to give him here today. So he's agreed to come down and pay the operational costs today after the hearing, and we were hoping that the Board might entertain that, so... CHAIRMAN KAUFMAN: Okay. We've done this in the past as long as they're paid today. If they're not paid today, then we have further remedies. MS. PATTERSON: Okay. Great. CHAIRMAN KAUFMAN: Anybody like to take a stab at a motion? MR. LEFEBVRE: I'd like to hear from the respondent. CHAIRMAN KAUFMAN: You're here to... MR. DARCE: To see if we can waive the fee for me. CHAIRMAN KAUFMAN: Okay. And you understand that the operational costs of $59.56 need to be paid today in order for us to consider waiving the fine? MR. DARCE: I'm good for that. CHAIRMAN KAUFMAN: Okay. That will be the best investment you made today, believe me. Okay. Anybody like to make a motion? MS. CURLEY: Motion to deny the county the fine of -- CHAIRMAN KAUFMAN: $2,518.84. MS. CURLEY: -- 2,518.84. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. DOINO: Second. September 26, 2019 Page 62 CHAIRMAN KAUFMAN: And we have a second. MR. LEFEBVRE: I want to clarify. It's denying the $2,400 plus today's operational costs. CHAIRMAN KAUFMAN: Of 59.28. MR. LEFEBVRE: But the operational costs of 59.56 have to be paid. CHAIRMAN KAUFMAN: That's correct. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Pay the fines today. MR. DARCE: Okay. Thank you, sir. CHAIRMAN KAUFMAN: Thank you. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Terri, how are you fingers? THE COURT REPORTER: I could use a break. CHAIRMAN KAUFMAN: Okay. We're going to take a 10-minute break. (A recess was had from 10:31 a.m. to 10:44 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to... MS. BUCHILLON: Next item on the agenda under imposition September 26, 2019 Page 63 of fines, No. 5, CESD20170011283, Karen M. McGrath. MS. McGRATH: Good morning. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. McGRATH: Angela McGrath. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: Karen McGrath is my legal wife, and we've been going through this dilemma for pretty close to a year and a half now -- CHAIRMAN KAUFMAN: Okay. MS. McGRATH: -- on a 288-square-foot house in Goodland Florida, so... CHAIRMAN KAUFMAN: Okay. Why don't you read through, and we'll go from there. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On May 24th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5519, Page 3631, for more information. On September 27th, 2018, the Code Enforcement Board granted the continuance. See the attached order of the Board, OR5558, Page 1057, for more information. The violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines accrued at the rate of $100 per day for a period from September 22nd, 2018, to September 26th, 2019, 370 days, for a total fine amount of $37,000. Fines continue to accrue. Previously assessed operational costs of $59.63 and $59.35 have September 26, 2019 Page 64 been paid. Operational costs for today's hearing: $59.63. Total amount: $37,059.63. CHAIRMAN KAUFMAN: Okay. The floor is yours. MS. McGRATH: I'm not really sure what to say, because you're kind of at the mercy of Collier County with all of this. We have to date $467,000 in this 288-square-foot house. I could have built a 3,000-square-foot home cheaper than this. So the problem has been every time they come back and tell us they need a piece of information -- as Jonathan Musse will agree, I have taken off work. I've done everything I could. I have supplied the information. The problem is every time that we go back and get one step ahead, they come back and tell us we need something else. So first they -- so I don't even know where to begin with all of this, because this thing has just been a mess. Now they're telling us -- we've had nine surveys on the property because they couldn't figure out -- the county couldn't figure out why there was a little piece of a jetty thing off in our dock, which happens to be a step to step on our boat. So we had to go back and we had to resolve that. Then they -- the county came back and said -- and this is John Kelly who has taken over as plan reviewer for this trying to get us our CO. So we went back to Marco Surveying, and they sent a letter back and they said, this is the ninth time we have done a survey for you. The survey goes to the break wall -- to the seawall and comes back, and that's where we determine where the survey is. So they, in a sense, wrote a letter to John Kelly saying they would not be back again. This is nine times, and they consider it harassment at that point. So we got the variance. We paid our $5,000 to the attorney for Collier County. We got the variance in progress, and then everybody September 26, 2019 Page 65 goes on vacation, and then nobody knows what's going on. Then they said, oh, we don't have a septic permit. Well, the septic permit was filed. They made us put a hoot system in, which takes up a third of our lot. And I was through this whole thing last time I was in. Then they came back and said, you don't have the proper square footage on your septic. So I had to go back to Land Perc and paid them another $750 to redo another drainfield to fit a 288-square-foot house. So the problem that we have is, number one, all of our inspections were satisfied, signed, but every single one of them except my site drainage said you need an engineer report. So then we go back to Martin from American Engineering. Now we have $23,000 and Martin reassessing and writing letters. So the county pretty much has double dipped. They've charged us for an inspection to come out. If they caught something from the beginning, then they should have told us. Now everything is signed off. Now they're coming back and saying that our drainage easement is off zero point one-tenth of an inch. So then on, just Friday, they sent an email saying that our little cart -- our little lean-to we have for our golf cart is intruding on a user lease agreement. So we said, all right. What do you want us to do? Well, you have to call Geno at stormwater protection something. I didn't know anything about it. They told me in the beginning don't worry about that. Worry about your rear variance, which we did. We paid to date $17,000 to have everything redone, not including in the beginning to raise the tiny house 7.8 feet, because it had to be an AE level nine-and-a-half feet above sea level. So my problem now is we have done everything that they've wanted us to do. Has it taken a long time? You haven't lived it like I've lived it. This has been a nightmare. I can't sell the property. I September 26, 2019 Page 66 can't do anything with it until this gets resolved. So, yes, the court costs are incurring. I'm asking for it to be waived because I've done everything I possibly could. Now they're saying to remove the lean-to where the golf cart is. So I said, well, I own the property next door. Take your two feet or whatever it is. I'll redo the plot. Take it. Put my property next door that I own on the area in question and take whatever feet you need from that and let's just be done with this. They said someone would contact me on Monday. I made several calls. Nobody's called back. But this has been the problem with Collier County the whole time. I have over 750 text messages, emails, and phone calls. No one calls you back. You have to go track people down. Nobody knows what their -- one person tells you one thing, another person tells you something else. You can verify, Jonathan, I've done everything in my power. I paid a ton of -- I couldn't even recoup money for that. I mean, this has been the biggest heartache I have ever had coming from a -- three generation of builders in my family. This has been a flippin' nightmare. And I don't know what to do. Take the few feet you need from my property next door. Redo the plot. I talked to an attorney. They said to do that. Someone else said, take the lean-to off; get rid of that. But if you take the lean-to off, then I run into another problem because the blower door test didn't pass. So I had to enclose the bottom part. So where do you start and where do you stop? The best solution with the attorneys from Bond & Bond said to re-plot my property next door that I have that I own free and clear, give you whatever feet you need for a drain easement, because you can't put the drain easement on 659 East Palm Avenue because you made me put a hoot system in for $30,000. So I can't use that part September 26, 2019 Page 67 because the hoot system's there. So the only thing to do is remove -- cut off half of the 288-square-foot house with a lean-to or re-plot the property next door. So I'm not sure what to do. No one's calling me back from stormwater. I sent an email saying, you know, I don't want anybody else on the property. They call -- they -- they don't even call. They just pop in out there, and then they write you a letter saying this is wrong and that's wrong when I specifically asked, can I be there? Can my brother be there, who is a licensed builder in Florida and Michigan and a licensed engineer? Never had a call back. They just walk on your property, throw notices up, then tell you they can't do anything. So I'm open for suggestions. I don't know what to do. CHAIRMAN KAUFMAN: Jonathan, have you been involved? MR. MUSSE: I've been monitoring, you know, the case, and Ms. McGrath has been battling back and forth with the county. She's trying to come into compliance. What she says, it is accurate. I did -- spoke with Renald Paul. He's the project coordinator on -- yesterday or the day before basically saying the exact situation with that lean-to that they have, is it encroaching on the property, which is why she can't get the -- move forward with the permit. And also, there -- we're confused. Allegedly, in the original permit, it wasn't described that the tiny house has been put in stilts, essentially. They -- to their knowledge, it was just still on the ground. So a modification has to be done to the permit if it wasn't on there originally, the application, and then the setback issue still has to be resolved in order for the permit to be finaled. MS. McGRATH: Jonathan, to correct you, the reason I had to spend $39,000 to put it on stilts was what the county wanted, because September 26, 2019 Page 68 it had to be above -- I'm in Zone AE, which has to be nine-and-a-half feet above sea level, the seawall. So I wouldn't have chose to put it on stilts. I was forced to put it on stilts. MR. MUSSE: I'm just telling you what Renald told me. MS. McGRATH: Right. But I'm just -- but Renald knows that because there's an engineer letter from American Engineering on Marco Island what they had would to redo -- everything structurally with the tiny house to make it come into code to follow Collier County's instructions. MR. ORTEGA: It seems like she fell into substantial improvement. That's why it triggered having to elevate the unit? MR. MUSSE: Correct. It just seems like every step she makes, you know, she's taking two steps back with the -- after it gets reviewed by the county, it gets failed, and there's other requirements. And she's making strides to correct these -- make these requirements, you know, get the permit approved. But, you know, like she said, she's having issues getting approval because she always had a speed bump. MS. McGRATH: They said we hadn't had a septic system, and the septic system was put in in 2017 by Shepard & Son, and here's the permit. And it's right on file, and it says right here on my permit card that everything has been signed. Everything has passed. Everything's been signed. All my letters from my engineer are right here. So I don't know what to say. MR. ORTEGA: Are we looking at a setback issue? Is that the final? Is that -- MR. MUSSE: Setback issue and possibly a modification to the permit plans. MR. ORTEGA: A revision. MR. MUSSE: Revision, yeah. So she was -- MS. McGRATH: What's the revision again? Is it for the stilts? September 26, 2019 Page 69 MR. MUSSE: Correct, from what I've been told. MS. McGRATH: Well, I think you were told wrong, because if you completely look at this permit -- and Jonathan's been a great help. I don't -- and Renald Paul. But if you look at this, it says on here that the stilts were approved. The concrete foundation was approved with the engineer letter. So that has been. MR. MUSSE: Okay. As long as the stilts have been approved, then it's just the encroachment issue. CHAIRMAN KAUFMAN: Well, for us -- I have no suggestions. The only thing that we can do is give you more time to resolve the situation. As far as the details of what needs to be permitted or changed or whatever, I think Renald will probably be the best person, as you mentioned, to look at that. MS. CURLEY: So I have a comment and a suggestion. So this is one of the reasons that we talk a little about the difference in the continuation and the extension. So we continued this when this came about for this woman, because I remember seeing her last year, and I always feel like, you know, the decision to do one or the other, you know, is to keep them on top of it. Well, this lady's building a house. So I feel like the continuance that we granted her only just, like, made it more stressful for her to see these fines accruing. And so I feel like this -- as in earlier today, this is a perfect example of how we can just do an extension of time. You know, just looking forward down the road, with -- you know, we're a board of peers here. So if we give this woman an extension of, like, six to eight months to keep sorting through her huge investment -- and she appears to be completely knowledgeable of what's going on -- then things can start fresh again for her and this isn't such a drag emotionally and a distraction for her. CHAIRMAN KAUFMAN: I'm sure the respondent has seen September 26, 2019 Page 70 what's happened here for almost every single case that we have. We have not imposed a fine today. I don't know that we've imposed a fine even last meeting. So whether it's an extension or a continuance, once it becomes in compliance, the fines have a tendency of disappearing, as you know. MS. CURLEY: Yeah, once she drives back from Goodland all the way up here and talks to us again and pays $56.89 again, and the county employee has to come here again. And this just seems like this is eventually going to get completed at a timeline which we don't know, nor does she, but we can only anticipate. So the best we can do is offer an extension for six to eight months, and then hopefully this all resolves itself, and we don't see anyone here again. She's not -- MS. McGRATH: Can I just say one thing? Had the county given us everything they needed at one time, we could have scratched it off the list. But when you go back when they tell you they need one thing, and then you put it through, and then you go back and they say, oh, you need this other thing, is what's been happening. So Jonathan probably has a solution. But after talking to an attorney, either the carport has to -- the lean-to has to come down. They said it encroached one-tenth of an inch -- or re-plot the next area. So I guess -- I don't know what is more feasible for us, as we have a ton of money in this. CHAIRMAN KAUFMAN: It's very concerning to me where you said that the county is not returning your calls. I can't make them do that. We can't tell the county what to do. But what we can do is provide you more time to get done what you need to get done. I don't know who your commissioner is, but I would take it up the line if need be if you're not getting any cooperation from anybody, but -- MS. McGRATH: I just got a message from Donna Fiala. She's September 26, 2019 Page 71 very aware of Goodland. She's very aware of the heartaches we all have suffered out there, and she understands our situation. So I think if I could get a little bit more time -- I know I'll get it resolved one way or another, but I'm at -- but to hold that over your head and have to think about that and go to bed every night after you already have so much in it, I would ask for an extension, not a continuation, please. MR. ORTEGA: I have a question. CHAIRMAN KAUFMAN: Yeah. MR. ORTEGA: This encroachment, a side yard encroachment? Rear encroachment? MR. MUSSE: Side. MR. ORTEGA: Side. And it's one -- less than one-tenth. MS. McGRATH: Well, they said zero point one-tenth of an inch. But now they just came back, just on Friday, and they sent an email saying that they think it is several feet. So that's why I'm saying, I just got this on Friday. Why didn't they know that in the beginning? It's been there from day one. Not from when Jonathan first came out there, because we had just had it set right before the hurricane. We didn't have time to do anything with it when the hurricane hit. So now we don't really know what it is, so that's why we're waiting for stormwater solutions or somebody to come out and tell us -- MR. ORTEGA: Are you trying to do this yourself, or did you hire -- MS. McGRATH: Well, now my brother is coming from Michigan. He's licensed in Michigan and Florida. He's a certified building contractor, and he's an engineer, and he's coming down next week to help us because he thinks this is just a nightmare. MR. ORTEGA: I think the comments you made about Collier, I find it hard to believe because I work with them every day. September 26, 2019 Page 72 Sometimes as an owner/builder, when you're trying to run these things and you don't have the information -- excuse me -- the experience or the knowledge, it tends to be a little bit troublesome. Before -- before doing anything to your adjacent lot, make sure you meet with planning -- it doesn't upset design standards so that you don't render a lot unbuildable in the future. Those are some of the things you might want to take a look at. But the reviewers at Collier County, from my experience and, of course, from all -- counties all over the state of Florida, they seemed to be very knowledgeable, very helpful. So I find it difficult to understand why you're not being helped. But I want you to know that when you apply as an owner/builder, this is what most people don't understand, you're applying is that you're a contractor with all the knowledge and experience necessary to perform all these activities. So maybe that may be part of the problem, the understanding. But, again, it doesn't seem to me what you're describing as difficult at all. So I'm having a hard time trying to -- MS. McGRATH: I can show you -- if I had time I could show you every -- you talk to Renald Paul. He knows I haven't gotten phone calls back. I've got hundreds of emails. I apologize for not getting back with you, quote-unquote. So that does happen. But, okay. So my question is, okay, so why didn't any of these inspectors, okay, from Collier County, and why didn't anybody from American Engineering, which we've paid thousands -- $26,000 to, why didn't the Marco Island Surveying, why didn't somebody -- they're all licensed, insured, bonded, supposed to be inspectors and know what they're doing. Why did they sign everything off? So maybe I'll take partial blame, but whoever came out to the site and signed these papers should be accountable for something. And if you didn't catch something in the beginning, that's one thing. September 26, 2019 Page 73 But when you don't catch 14 different things that you had to have on your house, and when you say go put flood vents in at $380 apiece, and I need six, does that show anything on here? Nothing. And when the site drainage guy comes out and tells me exactly where to put my gutter and my downspouts and my French drain, why didn't he say something? Why did he pass that? That's my frustration. MR. ORTEGA: I understand. MS. McGRATH: So I'll get it done. I promise I'll get it done. But I'm -- I just got that letter Friday, so I need a little bit more time. CHAIRMAN KAUFMAN: Okay. Would -- this is not -- this is not a case that we're hearing, that we're asking for a recommendation. This is a case where we can impose the fine, extend the time, or continue the case. That's what we can do. So I ask the Board, what's your pleasure? MR. ORTEGA: I make a motion to extend the time. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. How long? MR. ORTEGA: Based on where she's at, I would say at least six months. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. That's a motion. MR. ORTEGA: That's a motion. CHAIRMAN KAUFMAN: Okay. And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. September 26, 2019 Page 74 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you can sleep well tonight. MS. McGRATH: All right. Thank you so much. I'll do my best to get it done. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: The next item on the agenda, No. 7 under imposition of fines, CEROW20180004006, Luis Patino and Papadorelly LLC. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. PATINO: Luis Patino. CHAIRMAN KAUFMAN: Okay. Cristina? MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CEROW20180004006. Violations: The Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Location: 741 18th Ave Northwest, Naples, Florida; Folio No. 37591520004. Description: Dirt fill and culvert placed in county right-of-way without first obtaining the required Collier County right-of-way permits. Past orders: On July 26th, 2018, the Code Enforcement Board issued findings of facts, 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, OR5540, Page 2969, for more information. September 26, 2019 Page 75 The violation has been abated as of June 21st, 2019. Fines and costs to date are as follow: Fines have accrued at the rate of $250 per day for the period from October 25th, 2018, to June 21st, 2019, 240 days, for a total fine amount of $60,000. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing: $59.35. Total amount: $60,059.35. CHAIRMAN KAUFMAN: Okay. Sir. MR. PATINO: So this is a nightmare. So Papadorelly was a partner of mine, if you go back into what we spoke about last time. We bought, like, three properties. I had a partner with the CRC with Oasis Builders. We went in two ventures. I was the last one holding the bag. Had a big litigation with a business that I sold. Lost a lot of money there due to the fact that there was a lawsuit involved. I ended up -- we ended up walking away from it because he was in the wrong, but it still cost me an arm and a leg with lawyers defending myself to save my logo, my business, which I'm now back to, which is Oasis. Instead of Oasis Pools, it's now Oasis Renovation and Pools. So that was a whole mess there on that end. My partner from Port Charlotte with Oasis Builders, we -- with this one property that we purchased, we bought this lot that had came with permits, and everything was ready to build. It came with some old estimates. And the only thing we said is, hey, get these estimates out, get them revisited and, you know, get us new quotes, because this is 2017 we're building it. We bought them in 2016, and they're 2015 quotes. He doesn't do any of that. Everything gets submitted to the bank. They approved as we're going into the building aspect of things in Port Charlotte. The drywall was allotted for, like, let's say, 8,000. They're September 26, 2019 Page 76 asking for 12-. I'm coming out of pocket the extra 4-. And the whole story of that, it's just -- that's been the story for that property. I'm coming out of pocket, because he never did his due diligences in getting estimates on -- you know, for the new build for that year. So that going on, the property -- the builder loan accrues, and it's matured; it's due. I used all my properties as collateral, but I got this problem with this property on Wilson. Yes, we made a mistake by going into it and clearing a pathway to kind of offload a little bit of dirt that we can use in the future, since it's my property along with Papadorelly. That being said, I go forward, submit the permit for the culvert. We go through it. We pass the inspections. That put in place. Dealing with mitigation, nobody wants to touch mitigation because at this point I can't even build on the property due to all these other issues. Cost me my relationship. I'm a single dad of two dealing with child support right now; trying to figure that out with a lawyer. I still have my house. I'm picking up the pieces, reorganizing, moving forward. It's a mess. I mean, I can't say it in any other way. It's a mess. So I'm trying to get mitigation going. That's going to be something that would come up next month. We finally got somebody who's willing to work it. It's taken me two months, and I've only got 90 days -- two months to get somebody in there, because we must have made, like, seven or eight phone calls, three or four commitments, and two of those are the only ones that are -- so TLC fell through, like a week ago. We had to come and visit. MS. PEREZ: Can I just interrupt, really, for a second, Mr. -- this case is just simply for the right-of-way. MR. PATINO: Okay. MS. PEREZ: There's two separate cases on this property, and I September 26, 2019 Page 77 believe that he's going into details regarding the mitigation case. This case is just for the right-of-way. CHAIRMAN KAUFMAN: Let me see if I can summarize it. You had a problem, and you fixed it? MR. PATINO: Yes. CHAIRMAN KAUFMAN: Okay. I'm trying to keep this simple. Okay. So it's fixed. MR. PATINO: I'm trying to waive the fees, I guess. CHAIRMAN KAUFMAN: Okay. Would someone like to make a motion? MR. DOINO: Motion to abate. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the county's ability to fine. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. See, simplicity works. Have a nice day and good luck. MS. BUCHILLON: Next item on the agenda, we're back to hearings. CHAIRMAN KAUFMAN: Oh. MS. BUCHILLON: Number 2, CESD20180007557, Farid Uddin Ullah. September 26, 2019 Page 78 (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. You can present your case. MR. PITURA: Thank you. For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CESD20180007557 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06, Subsections (B)(1)(a) and (B)(1)(e). Description of violation: Two screened openings were closed in a cinderblock wall without the required permits. Located at 3633 Treasure Cove Court, Naples, Florida, 34114; Folio 27690008123. Service was given on July 18th, 2018. I would now like to present case evidence in the following exhibits: Three photos taken by Investigator Benjamin Plourd on May 30th, 2018, and four photos taken by myself on August 8th, 2019. CHAIRMAN KAUFMAN: Get a motion to accept the photos. MS. BOWMAN: Motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 26, 2019 Page 79 CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: On May 22nd, 2018, Investigator Benjamin Plourd had observed work being done on the exterior lanai. The owner had enclosed two screen openings with cinderblocks without the required permits. A permit of PRBD20180635762 was obtained of June 6th, 2018, with an expiration of March 19th, 2019. I had spoken to Mr. Ullah on a few occasions, and he was trying to make corrections to the permit, as it was in rejection status. Time was given to Mr. Ullah, as requested, for compliance. Presently, the permit has been abandoned, and I have not been able to make verbal contact with Mr. Ullah. Violation remains. CHAIRMAN KAUFMAN: Could you go back to that picture again? MR. LETOURNEAU: Yeah. I just want to point out what Tom's talking about is -- correct me if I'm wrong, Tom -- but there's a screen area right here. And the one wall right here and one wall right here were put in, correct? MR. PITURA: That's correct. MR. LETOURNEAU: And then we'll go back to that picture. As you can see, that's where the wall is extended out on the side of the screen porch. CHAIRMAN KAUFMAN: Oh, another picture. So part of the screen is there. The rest has been blocked out. MR. PITURA: No. The entire screen has been removed and blocked in with cinderblocks. CHAIRMAN KAUFMAN: Oh, right there, that wall? MR. PITURA: Right, the wall -- MR. LETOURNEAU: You can see here where there's a change in the stucco coloration. That's pretty much right -- and then they went that way with the blocks. CHAIRMAN KAUFMAN: And the respondent said what about September 26, 2019 Page 80 this? MR. PITURA: Excuse me? CHAIRMAN KAUFMAN: The respondent said I blocked it up? I'm applying for a permit? What? MR. PITURA: Correct. MR. LETOURNEAU: Yeah. They did apply for a permit, but it was in reject status. He never finished it, and now it's in voided status. MR. PITURA: It's abandoned. MR. LETOURNEAU: Abandoned. CHAIRMAN KAUFMAN: Is the house abandoned or just the permit? MR. LETOURNEAU: Just the permit. MR. PITURA: Just the permit. CHAIRMAN KAUFMAN: Okay. Does the Board want to entertain a motion that this is in violation? MR. LEFEBVRE: Make a motion that there's a violation that exists. MS. CURLEY: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) September 26, 2019 Page 81 CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. PITURA: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $56.56 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to keep or remove the alterations made to lanai within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is the house occupied? MR. PITURA: Yes. CHAIRMAN KAUFMAN: Is it occupied by the respondent? MR. PITURA: Yes. CHAIRMAN KAUFMAN: You've been unable to contact him? MR. PITURA: I tried to call him. I've been -- I've had contact with him on a number of occasions, but lately his phone is not accepting any more messages. I was there. I left some door hangers and some business cards. He has not responded back to me. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: I'd like to make one correction. I believe the operational costs are $59.21, not 56.56 that's shown on the screen September 26, 2019 Page 82 right here. MS. CURLEY: Is this in a homeowners association? MR. PITURA: Yeah, he does. The homeowners association will not approve of his work that's being done, so that was probably more the reason why he's abandoned the permit. There's no reason to move forward with the permit if the homeowners association is not going to approve it. CHAIRMAN KAUFMAN: Yeah. That's up to the homeowners association to take their action against him, not us, okay. And they're more severe than we are, believe me, so... MS. CURLEY: I'll fill in those blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sixty days or $250 a day. CHAIRMAN KAUFMAN: With the operational costs paid in 30 days? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Do we have a second on that? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 26, 2019 Page 83 Thank you very much. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Are you new, Tom? MR. PITURA: No. I've been here a while. CHAIRMAN KAUFMAN: You just have all -- a community that everybody obeys all the laws so we don't see you often. MR. LETOURNEAU: No. You'll be seeing a lot of him shortly. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: Next item on the agenda under hearings, No. 4 CESD20190006401, Johnson Pharisien. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: It's me again. CHAIRMAN KAUFMAN: Yes, John. We recognize you. Okay. Do you want to present the case? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Before you do, just so the record shows the respondent is not present. Okay. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CESD20190006401 dealing with vitalizations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), specifically an accessory structure (shed) on this property requires a permit. Located at 2617 Holly Avenue, Naples, Florida, 34112; Folio No. 5089064002. Service was given on July 11th, 2019. I would now like to present case evidence in the following exhibits: One aerial from Property Appraiser, one photo taken from -- by me on July 16th, 2019, and a copy of the building determination violation from the building official. CHAIRMAN KAUFMAN: Get a motion to accept the photo. September 26, 2019 Page 84 MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: On May -- I'm sorry. MR. LETOURNEAU: Go ahead. MR. JOHNSON: On May 28th, 2019, Code Enforcement received a complaint from the Naples Office of the Department of Children and Families, DCF, that people were living in a shed in the back of this property. My subsequent investigation showed that this accessory structure was built without any permitting. All attempts to contact the owner, Johnson Pharisien, have failed. I recently determined that the owner has been incarcerated in Collier County, so the violation remains. CHAIRMAN KAUFMAN: Can you point out there where this structure is. MR. JOHNSON: Yeah, it's right here. MR. LETOURNEAU: Is it right here, John? MR. JOHNSON: It's actually this, in this area here. Right here. That structure in the front is a new mobile home. That's a case that's being processed by our Contractor Licensing Division. It was never -- they never closed out the permit there, so we have other September 26, 2019 Page 85 issues on this lot. But here it is now. You can see in the rear on this picture. That's the one we're concerned with. I'm not able to gain legal access to the back there because nobody will let me back there. I have seen people coming and going from the back, but they really don't want to talk to me. CHAIRMAN KAUFMAN: Is this a safety health? MR. JOHNSON: I believe it could be. I haven't confirmed that there's children there, but I believe people are living there. CHAIRMAN KAUFMAN: That whole structure was not permitted? MR. LETOURNEAU: This one right here, the gray one. MR. JOHNSON: Correct. That was not permitted, and when -- there's a recent demo permit here for an old mobile home that was closed out, and I believe that was connected to the old mobile home based on the aerials. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion that a violation exists. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. September 26, 2019 Page 86 Do you have a suggestion for us, John? MR. JOHNSON: Yes. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structure in the rear yard within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. The respondent -- No. 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. Can I assume that there's water and electric in the structure? MR. JOHNSON: There is electric. I can't confirm water. CHAIRMAN KAUFMAN: Okay. Well, there's electric. This is a safety and health. No permits on that structure. I think we should treat it as a safety-and-health violation, which to me means a short time frame and a large fine, so... MR. JOHNSON: Correct. And also -- I mean, because it was reported by DCF, there could be kids involved. I haven't been able to confirm that, but there could be kids there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do you know if these people are allowed to be on this property, or are they squatting there? September 26, 2019 Page 87 MR. JOHNSON: The only time I've been -- when I speak to people there, they won't give me their name, they won't give me the contact information for the owner, which, like, now I found out he's in jail. There is a history here of illegal activities related to drugs. So it's a -- it's a bit of a mess. CHAIRMAN KAUFMAN: Okay. Someone like to fill in the blanks? MR. ORTEGA: I'll take a crack at it. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: That the respondent pay the operational costs of 59.21, that he abate the violation within 30 days of this hearing, and a fine of $300 per day. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Just as a side note, Jeff, wouldn't this be something that the Sheriff would be involved in considering? September 26, 2019 Page 88 MR. LETOURNEAU: They are involved, right? MR. JOHNSON: They are. Should I speak? CHAIRMAN KAUFMAN: Go ahead. MR. LETOURNEAU: Go ahead. MR. JOHNSON: With this ruling that you gave, I can now -- the Sheriff has to have probable cause to go back there for a criminal activity. I can't prove -- we don't know. But I can ask the Sheriff to assist me to go back there, and that's where I can bring them in. But they're aware of it. DCF's aware of it. So we're just trying to cover the legal side of this to get back there. CHAIRMAN KAUFMAN: Very good. Thank you. MS. BUCHILLON: Next item on the agenda, and the last case, under imposition of fines, No. 10, CENA20190004829, Ernest J. Valdastri. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Joe? MR. MUCHA: Good morning. Joe Mucha, Collier County Code Enforcement. Past orders: On June 27th, 2019, the Code Enforcement Board issued a finding of facts, 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, OR5642 -- 52, excuse me, Page 842, for more information. Violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate at $100 per day for the period from July 28th, 2019, to September 26th, 2019, 61 days, for a total fine amount of $6,100. Fines continue to accrue. Previously assessed operational costs of $59.63 have not been paid. September 26, 2019 Page 89 Operational costs for today's hearing: $59.28 for a total fine amount of $6,218.91. CHAIRMAN KAUFMAN: Have you had been in contact with the respondent? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Are we done, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Make a motion to -- MS. ELROD: Second. CHAIRMAN KAUFMAN: That's what you call the cart behind the -- and I agree. We're adjourned. September 26, 2019 ******* There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :33 a.m. CODE ENFORCEMENT BOARD eilli 411116411111-44111A - ALWAMilib 0 : ER afriFMAN, CHAIRMAN These minutes approved bythe Board on A�1as pp �b�2 � , presented ,,/' or as corrected . TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 90 September 26, 2019 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 26, 2019 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre ChloeBowman SueCurley RonDoino KathleenElrod HerminioOrtega ALSO PRESENT: Elena Gonzalez, Code Enforcement Specialist Helen Buchillon, Code Enforcement Jeff Letourneau, Manager of Investigations Jed R. Schneck, Attorney to the Board 9.A.3 Packet Pg. 305 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 26, 2019 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. 9.A.3 Packet Pg. 306 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE 1. CASE NO: CESD20180011460 OWNER: Carlos Valdes and Dulce Valdes OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition of a tiki hut without a Collier County building permit. FOLIO NO: 26081640007 PROPERTY 191 Smallwood Dr, Chokoloskee, FL ADDRESS: MOTION FOR EXTENSION OF TIME B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CESD20170018879 OWNER: Nancy Chaves and Vahe Ohanessian OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior and exterior alterations, window installation/removal, concrete block without required Collier County permits, inspections and certificate of completion. FOLIO NO: 62708560000 PROPERTY 635 94th Ave N, Naples, FL ADDRESS: 2. CASE NO: CESD20180007557 OWNER: Farid Uddin Ullah OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Exterior lanai walls blocked in where there was screens originally, 9.A.3 Packet Pg. 307 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) without first obtaining the required permits. FOLIO NO: 27690008123 PROPERTY 3633 Treasure Cove Court, Naples, FL ADDRESS: 3. CASE NO: CEAU20190007283 OWNER: Manes Moricette and Thelia Moricette OFFICER: Ryan Cathey VIOLATIONS: Florida Building 6th Edition (2017) Building, Chapter 1, part 2, Section 105.1. Unpermitted fence on the property. FOLIO NO: 25967801783 PROPERTY 14527 Abiaka Way, Naples, FL ADDRESS: 4. CASE NO: CESD20190006401 OWNER: Johnson Pharisien OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Per J. Walsh Building Determination, the existing rear structure requires a permit. Also, Permit # PRBD20180318305 – for the replacement of a mobile home has expired (Exp. Date 11/20/2018) without final inspections and the issuance of Certificate of Occupancy. FOLIO NO: 50890640002 PROPERTY 2617 Holly Avenue, Naples, FL ADDRESS: 5. CASE NO: CENA20180006273 OWNER: Witold Gruca and Jolanta Zoppa Gruca OFFICER: Arthur Ford VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter and outside storage consisting of but not limited to household items and furniture. FOLIO NO: 67284520006 PROPERTY 39 Cajeput Dr, Naples, FL ADDRESS: 6. CASE NO: CEV20190003764 OWNER: Frances M Smugorzewski Est c/o Juanita Bowersox OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 and Section 130-96(a). Unlicensed vehicles parked in the grass and a boat without a trailer parked in the front of this residence. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL ADDRESS: 9.A.3 Packet Pg. 308 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) 7. CASE NO: CEPM20190008861 OWNER: Frances M Smugorzewski Est c/o Juanita Bowersox OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-241(1). The boarded windows on this structure require a boarding permit. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL ADDRESS: 8. CASE NO: CENA20190003644 OWNER: Frances M Smugorzewski Est OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Witnessed debris and litter on this parcel. FOLIO NO: 50890320005 PROPERTY 2739 Holly Ave, Naples, FL 34112 ADDRESS: 9. CASE NO: CEPM20190001632 OWNER: TERRA NOSTRA INVESTMENTS INC OFFICER: Daniel Hamilton VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section(s) 22-228(1) and 22-240(1)(n)(1). Dilapidated dock in need of repair/maintenance. FOLIO NO: 01205840006 PROPERTY 8 Pelican Dr, Everglades City, FL ADDRESS: 10. CASE NO: CESD20190002990 OWNER: Lunel Napoleon OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition/structure added to the rear of the home without a permit. FOLIO NO: 77390001522 PROPERTY 13485 Koinonia Dr, Naples, FL ADDRESS: 11. CASE NO: CESD20190001769 OWNER: SA EQUITY GROUP LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(e). Structure(s) on the property without first obtaining Collier County Building Permit(s). FOLIO NO: 63864240001. 9.A.3 Packet Pg. 309 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) PROPERTY 114 New Market Rd E, Immokalee, FL ADDRESS: 12. CASE NO: CEN20190001795 OWNER: PEG NAPLES LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Sections 54-91, 54-92(b), 54-92(g)(5)(h) and 54- 92(g)(7). Amplified Sound Permit in violation. FOLIO NO: 38054160007 PROPERTY 2560 39th St SW, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20180006068 OWNER: Carmen Vasallo OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted flat-roofed aluminum storage shed, an unpermitted re-roof on a permitted frame storage shed, and two unpermitted canopies attached to the dwelling all in the rear yard of improved occupied residential property. FOLIO NO: 63852560007 PROPERTY 1013 New Market Rd W, Immokalee, FL ADDRESS: 2. CASE NO: CESD20170019893 OWNER: Grettel Gonzalez and Oscar Garcia OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). One vertical structure was constructed in the rear yard of the property without first obtaining all applicable Collier County Permits. FOLIO NO: 39963680004 PROPERTY 3765 37th Ave NE, Naples, FL ADDRESS: 3. CASE NO: CESD20170010029 OWNER: Ramiro Teran and Gerenarda Teran OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development ode 04-41, as amended, 9.A.3 Packet Pg. 310 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Buildings in rear of the structure and no Collier County Building Permit obtained. Permit 2007051003 for a re-roof did not receive a Certificate of Completion. FOLIO NO: 38341560006 PROPERTY 5671 Lancewood Way, Naples, FL ADDRESS: 4. CASE NO: CESD20190003630 OWNER: Jean R Darce, Rosela Joseph and Roger Angervil OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Addition(s) to mobile home without first obtaining required Collier County building permit(s). FOLIO NO: 71271920003 PROPERTY 47 Royal Cove Dr, Naples, FL ADDRESS: 5. CASE NO: CESD20170011238 OWNER: Caryn M McGrath OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 PROPERTY 659 Palm Ave, Goodland, FL ADDRESS: 6. CASE NO: CESD20140017065 OWNER: DAVIS CROSSINGS VIII LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Permit 2009120450 expired without inspections and certificate of completion/occupancy. FOLIO NO: 34690080008 PROPERTY 8770 Davis Blvd, Naples, FL ADDRESS: 7. CASE NO: CEROW20180004006 OWNER: Luis Patino and Papadorelly LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Dirt fill and culvert placed in the County Right-of-Way without first obtaining the required Collier County Right-of-Way Permit(s). FOLIO NO: 37591520004 PROPERTY 741 18th Ave NW, Naples, FL 9.A.3 Packet Pg. 311 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) ADDRESS: 8. CASE NO: CESD20180014394 OWNER: Daniel R Blake and Sally Sue Blake OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Occupying the mobile home without first completing all inspections and receiving the certificate of completion/occupancy. FOLIO NO: 81626360004 PROPERTY 271 Sugar Loaf Ln, Naples, FL ADDRESS: 9. CASE NO: CESD20190001770 OWNER: MORGAN STANLEY CAPITAL INC c/o C-111 ASSET MANAGEMENT LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.13(F). Failure to submit Annual PUD Monitoring Report. FOLIO NO: 30806000083 PROPERTY 8360 Sierra Meadows Blvd, Naples, FL ADDRESS: 10. CASE NO: CENA20190004829 OWNER: Ernest J Valdastri OFFICER: Thomas Pitura VIOLATIONS: Collier County Code of Laws and Ordinances, Sections 54-181 and 54-185(a) and Collier County Land Development Code 04- 41, as amended, Section 2.02.03. High grass in excess of 18 inches. Outside accumulation of trash and litter. Storing of construction materials consisting of, but not limited to, tools, metals, plastic containers, small appliances and items not specifically for residential use. FOLIO NO: 49532360004 PROPERTY 30 Creek Cir, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS 9.A.3 Packet Pg. 312 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE XIV.ADJOURN 9.A.3 Packet Pg. 313 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 2 CHAIRMAN KAUFMAN: Good morning, everybody I'd like to call the Code Enforcement Board to order. I suggest that everybody who has a cell phone, including yours truly, turns their ringer off, as I have just done. Okay. And the last two members to arrive were stuck in the elevator. Were any of you stuck in the elevator? MS. CURLEY: We're just kidding. MS. BOWMAN: I mean, I have excuses, if you'd like them, but I have a feeling you don't want to. CHAIRMAN KAUFMAN: Notice: The respondents may be limited to 20 minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so 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 that record. And, if we can get everybody to rise, we'll do the Pledge of Allegiance. The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Why don't we start out with the roll call. MS. BUCHILLON: Sure. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? 9.A.3 Packet Pg. 314 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 3 CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Mr. Ronald Doino? MR. DOINO: Here. MS. BUCHILLON: Ms. Chloe Bowman? MS. BOWMAN: Here. MS. BUCHILLON: Ms. Sue Curley? MS. CURLEY: Here. MS. BUCHILLON: Mr. Herminio Ortega? MR. ORTEGA: Here. CHAIRMAN KAUFMAN: Okay. And effective at this meeting, Chloe Bowman is now an official member of the Board. Congratulations. MS. BOWMAN: Thanks. CHAIRMAN KAUFMAN: So we have a full board here this morning. Next on the agenda is the agenda. If you'd like to see if we have any changes. MS. BUCHILLON: Yes, we do, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Okay. We have three stipulations. Number 12 from hearings, CEN20190001795, Peg Naples LLC. Number 3 under hearings, CEAU20190007283, Manes Moricette and Thelia Moricette. Number 10, under hearings, CESD20190002990, Lunel Napoleon. And now we'll go with withdrawn ones. CHAIRMAN KAUFMAN: Okay. 9.A.3 Packet Pg. 315 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 4 MS. BUCHILLON: Under public hearings, No. 5, CENA20180006273 has been withdrawn due to in compliance. Number 9 under hearings, CEPM20190001632, Terra Nostra Investments Inc., has been with withdrawn by Manager Jeff Letourneau. Number 11 under hearings, CESD20190001769, SA Equity Group LLC has been withdrawn due to a scrivener's error with the folio on the notice of violation. Under imposition of fines, No. 6, CESD20140017065, Davis Crossing LLC has been withdrawn per the director. Under imposition of fines, No. 8, CESD20180014394, Daniel R. Blake and Sally Sue Blake, has been withdrawn. They're in compliance. Number 9 under imposition of fines, CESD20190001770, Morgan Stanley Capital Inc., has been withdrawn. It's in compliance. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Go ahead. Can we get a motion from the Board to accept the agenda as modified. MR. DOINO: Motion to -- MS. ELROD: Motion -- second. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. BOWMAN: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. 9.A.3 Packet Pg. 316 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 5 CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Chris has another stip? MS. BUCHILLON: Mr. Kaufman -- no, we have another withdrawn one that I missed. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Under imposition of fines, No. 1, CESD20180006068, has been withdrawn due to medical reasons. CHAIRMAN KAUFMAN: Okay. Can we get another motion to amend the amended motion? MR. DOINO: Motion to amend. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Why don't we begin. MS. BUCHILLON: Ready to start. Okay. We're going to start under public hearings, motion for continuance, No. 1, CESD20180011460, Carlos Valdes and Dulce Valdes. The speakers were duly sworn and indicated in the affirmative.) 9.A.3 Packet Pg. 317 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 6 CHAIRMAN KAUFMAN: Good morning. Is there a letter on this, by the way, requesting this? MR. CATHEY: I believe I did send an email from the respondent. I don't have that with me, though. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Yeah, I don't have it either. CHAIRMAN KAUFMAN: I think in the future we should have that as part of our record. MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. Good morning. MS. VALDES: Good morning. CHAIRMAN KAUFMAN: Yes. Could you say your name on the microphone for us. MS. VALDES: Yes. Dulce Maria Valdes. CHAIRMAN KAUFMAN: Okay. And you're asking for a continuance? MS. VALDES: I am. CHAIRMAN KAUFMAN: Okay. Based on what? MS. VALDES: We're going through the process. We're trying to get the Growth Department, Mr. Mark Berman, to agree for us to be able to buy 25 feet in front of our business so we can go ahead and acquire the correct permits for the tiki. CHAIRMAN KAUFMAN: Okay. And that's part of the case. But you're requesting for a continuance? MS. VALDES: I am. CHAIRMAN KAUFMAN: Since I don't have the email, how long is the -- are they asking for, and what's been done that the Board should consider granting a continuance or an extension of time? MR. CATHEY: This case was originally heard back in February. They were granted six months until the end of August, 29th. 9.A.3 Packet Pg. 318 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 7 Right around the same time as that case was ending, another case was open for two other tiki huts on the property. That case was -- went to hearing on August 29th. They were granted six months for that case in particular. Both cases at this point are kind of interlinked. They have to work on purchasing this easement from the county, as I understand, in order to properly permit all their tiki huts. So, basically, they need more time to get all that straightened out before they can apply for the permits. CHAIRMAN KAUFMAN: Do you have any idea the length of time that is required? MR. CATHEY: I don't know right now. CHAIRMAN KAUFMAN: Do you have any idea? Have they told you? MS. VALDES: I have a little bit of an idea. CHAIRMAN KAUFMAN: Okay. MS. VALDES: I have Mr. Craig Woodward, an attorney, helping me in this matter. And Mr. Cameron Woodward just spoke to me last week and told me that Mr. Berman from the Growth Department mentioned that until we don't have absolutely everything that is required in the packet, the packet cannot be turned in for approval. So we're almost there. We just need a few letters from, like, LCEC and Comcast to be able to say that it would be okay. We don't want to make absolutely any changes in the front of the cafe. It's a parking lot. We want to keep it that way. We don't want to do anything. We just want to be able to apply for the permit. If it wasn't because this came up -- a neighbor, you know, mentioned it to me, she had done it previously. We would have already taken down the tikis. But we're going to try this route. We want to see if we can get approved to purchase the 25 feet, and if we do get approved, then we'll go ahead and try to put in for the permits. If we 9.A.3 Packet Pg. 319 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 8 don't get approved, then the tikis will go down. CHAIRMAN KAUFMAN: And let me try again. Do you have any idea of how long of time you need. In other words, you're asking to either extend or continue this for some period of time? MS. VALDES: Yes. MS. CURLEY: I have a question that might be able to help her a little bit more. MS. VALDES: Thank you. MS. CURLEY: Craig, Mr. Woodward, did he explain to you -- were you asking Verizon and the other vendor to vacate their easements that they have along that section of land? Is that a word that sounds familiar to you? MS. VALDES: Maybe that sounds right. Now, the stipulation will be that we're not going to do absolutely anything. MS. CURLEY: That doesn't matter. So that's a little bit of a corporate triangle there. MS. VALDES: It is. MS. CURLEY: So Mr. Woodward's going to have to spend a little bit of time contacting those two companies. MS. VALDES: He is. MS. CURLEY: Because those are old easements. MS. VALDES: That's right. MS. CURLEY: So she's going to need six months. MR. LEFEBVRE: The other case that was heard in August, was that heard here? MS. VALDES: Yes. MR. LEFEBVRE: It was, okay. So maybe we should extend it out for five months and that way they're in conjunction with -- both cases are in conjunction with each other. MS. VALDES: We can do that. 9.A.3 Packet Pg. 320 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 9 MR. LEFEBVRE: That might be best so she doesn't have to come back here, like last month, and then come back here this month. She can just come back if she has to -- MS. CURLEY: And there's no way you can combine those all into -- MR. LEFEBVRE: Not combine them, but at least the time frames are combined so she can come one time. CHAIRMAN KAUFMAN: Hold on a second. I want to ask Herminio. You're most familiar on the Board with how long it takes to do things. MR. ORTEGA: My colleague brought up an interesting point. Is this -- are they buying a piece of property? MS. VALDES: No. MR. ORTEGA: So it seems like they are vacating the easement. MS. VALDES: Well, yeah. What happened was back in 1983 -- CHAIRMAN KAUFMAN: Don't want to get into the case. MS. CURLEY: It's just the swale area from the road. CHAIRMAN KAUFMAN: I understand that. What I'm asking is how long on these cases does it typically take? MR. ORTEGA: I would give her six months or the five months so it's in conjunction with the next. CHAIRMAN KAUFMAN: Okay. MS. VALDES: Thank you. MR. ORTEGA: You probably won't be able to answer -- you can answer permitting, but we can't answer what it takes for a corporation to review this and look at this. But I think five months would be reasonable. And the reason you have to acquire the land is so you have the proper setbacks; is that correct? MS. VALDES: Correct; 25 feet. MR. LEFEBVRE: So I make a motion that we continue this 9.A.3 Packet Pg. 321 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 10 case for five months. CHAIRMAN KAUFMAN: Do you want to continue it, or do you want extend it? MR. LEFEBVRE: Continue it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So no fines? CHAIRMAN KAUFMAN: That's correct. MS. CURLEY: Yeah, I second that. MS. VALDES: Thank you. CHAIRMAN KAUFMAN: We have a motion and a second for a five-month continuation, if you pardon the expression. Any other discussion on the motion? MS. CURLEY: Just one piece of information. I'd like to -- if you have to come back here, will you please make sure you bring some better documentation? MS. VALDES: Yes. I didn't have much to provide you with. MS. CURLEY: But from your attorney about what he's doing and the status. That would be very helpful. MS. VALDES: Next time I'll bring him with me. MS. CURLEY: That could get expensive. Maybe just a letter. MS. VALDES: Okay. MR. LEFEBVRE: Or if you can get any documentation from the county -- MS. VALDES: Absolutely. MR. LEFEBVRE: -- or any correspondence with whatever entities you're working with. MS. VALDES: Hopefully by then I'll have something from Mr. Berman. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. 9.A.3 Packet Pg. 322 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 11 MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MS. VALDES: Thank you very much. CHAIRMAN KAUFMAN: Five months. MS. BUCHILLON: Next item on the agenda under stipulations, No. 12, CEN20190001795, Peg Naples LLC. CHAIRMAN KAUFMAN: On this case we have a person from the public who would like to speak on it, so we'll go from there. Could you state your name on the microphone for us. MR. WILLIAMS: Marcus Williams. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Do you want to read the stipulations into the record? MS. PULSE: Sure. For the record, Dee Pulse, Collier County Code Enforcement investigator. This stipulation was signed by Marcus Williams who has been approved by the owner to be his representative here. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by maintaining the amplified sound levels to be in compliance with Tables 1 and 2 of Section 9.A.3 Packet Pg. 323 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 12 54-92(b) within 24 hours of this hearing, or a fine of $250 per day will be imposed till the violation is abated; Number 3, must comply with the approved hours of amplified sound and operation as indicated on the issued amplified sound permit within 24 hours of this hearing, or a fine of $250 per 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; 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: Okay. I'd like to, before we take this up, hear from the person who -- Larry Lawrence. I have a slip for Larry Lawrence. The speaker was duly sworn and indicated in the affirmative.) MR. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. MR. LAWRENCE: I am a neighbor to this property that is Cracklin' Jack's, and we've been contending with this amplified music for years. And we'd like to see it turned down or completely comply with the code that they've asked for -- I mean, their amplified music permit, I'm sorry. That's about it. I mean, we've just been contending with it and asked them to turn it down, and it's been noncompliant for our request. So that's all I have. CHAIRMAN KAUFMAN: When does the music start? When does it stop? MR. LAWRENCE: It varies. In the past it's been starting about 9.A.3 Packet Pg. 324 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 13 somewhere between, I'd say, 6:00 and 7:00, maybe around 6:30 and run till, it varies, 9:00 to 10:30 at times. CHAIRMAN KAUFMAN: Okay. Have you been provided with the chart showing what the allowable sound level should be? MR. LAWRENCE: Yes, I have. CHAIRMAN KAUFMAN: Okay. And someone, I assume, has been out there to check the sound levels? MR. LAWRENCE: Yes. CHAIRMAN KAUFMAN: Okay. Are you satisfied with the agreement? MR. LAWRENCE: Yes, I am. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I have a question. So it says that this notice -- they were first noticed April 26th, and then it was -- still needed to be corrected by May 10th. But it said -- was there any change in the behavior, sir, in the neighbors? Sir? MR. LAWRENCE: I'm sorry. I didn't hear you. MS. CURLEY: That's okay. Has there been any change since this -- we got -- they were noticed on April 26th of this year. Has there been any change in their behavior since then, or do you think -- is it going to start to -- MR. LAWRENCE: In the last couple months they seem to have turned it down or completely stopped some of the amplified music. They do still carry on karaoke on Thursday night, which is pretty loud with the base and all. I've called on several occasions to ask them to turn the base down. Not concerned about this so much at the moment. But they have not seemed to want to comply with that when I've asked them to as a good neighbor. And in the last week or two, I'm not positive but I'm pretty sure the music is, for the karaoke has just about stopped or slowed down. 9.A.3 Packet Pg. 325 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 14 I don't know if they've turned it way down or completely stopped it. CHAIRMAN KAUFMAN: Maybe they got better singers. MS. CURLEY: So is this outside, Dee? MS. PULSE: Yes, it is. MS. CURLEY: So when do they renew the permit? Every year for this amplified -- MS. PULSE: No. The permit is good for -- as long as the business use stays the same the amplified sound permit is good, or if they're found in violation and then there's a repeat violation, it can be revoked at that time. MS. CURLEY: So there's no civil penalty, I noticed, on the stipulation, which we would normally do for a second offense. CHAIRMAN KAUFMAN: Okay. Well, we have the gentleman who made the complaint saying that it appears to be okay now, and if it's not, I'm sure you'll file another one. MR. LAWRENCE: I haven't noticed the karaoke in the last two Thursdays, I can tell you that. I have not tried to be monitor it or be overly concerned about it. The neighbor directly next door to them have indicated that they're still playing the music, but I do not hear it at my location. I'm about 500 feet back from the business, and they're about 80 feet back from the business. CHAIRMAN KAUFMAN: Can I assume the county's been out there with a noise meter? MS. PULSE: Yes, sir, I have. CHAIRMAN KAUFMAN: So you found them in violation. That's why we have this? MS. PULSE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. PULSE: And they're in violation of their allowable times on their stated -- that is on the amplified sound permit. They're to 9.A.3 Packet Pg. 326 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 15 have music from 3 p.m. to 7 p.m. only. CHAIRMAN KAUFMAN: Okay. Can you deliver that message back? MR. WILLIAMS: It's not a problem. CHAIRMAN KAUFMAN: Okay. We have a stipulation. Anybody want to make a motion on it? MR. LEFEBVRE: Make a motion to approve the stipulated agreement. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Thank you. MS. PULSE: Thank you. CHAIRMAN KAUFMAN: Next stipulation is No. 3. MS. BUCHILLON: Next item on the agenda is Stipulation No. 3, CEAU20190007283, Manes Moricette and Thelia Moricette. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us before you're sworn in. MS. MORICETTE: My name is Moricette, Manes. 9.A.3 Packet Pg. 327 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 16 CHAIRMAN KAUFMAN: And are you going to be the only one testifying or both? MS. MORICETTE: This is my daughter. CHAIRMAN KAUFMAN: Okay. MS. MORICETTE: I'm here to translate. CHAIRMAN KAUFMAN: Move the microphone over so we hear both of you. And your name is? MS. MORICETTE: I'm Christina, and I'm just here to translate. CHAIRMAN KAUFMAN: Okay. When Terri swears you in, she'll swear you in as a translator as well. So first we do the swearing in; then we do the translator. Take it away, Terri. The interpreter was sworn to truly and correctly translate English into Creole and Creole into English.) The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Would you like to read the stipulation in for the record. MR. CATHEY: Yes. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy within 90 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; and, 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, 9.A.3 Packet Pg. 328 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 17 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: When is the date on that, again, that it needs to be resolved by? MR. CATHEY: Ninety days. CHAIRMAN KAUFMAN: Ninety days; three months. Okay. You understand the agreement that you signed? THE INTERPRETER: Yes. CHAIRMAN KAUFMAN: And you'll be able to get this permitted within three months? MS. MORICETTE: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGA: I have one question. MR. CATHEY: Yes. MR. ORTEGA: Is there a pool involved in this or not? MR. CATHEY: A pool, no. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion from the Board? MS. ELROD: I'll make a motion to accept the stipulation as written. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? 9.A.3 Packet Pg. 329 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 18 No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have three months. Good luck. MS. MORICETTE: Thank you. MS. BUCHILLON: Next stipulation. CHAIRMAN KAUFMAN: Number 10. MS. BUCHILLON: Number 10, CESD20190002990, Lunel Napoleon. MR. LETOURNEAU: Having a little technical issue. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us, please. MR. EDMOND: Oliver Edmond. MR. NAPOLEON: My name is Lunel Napoleon. CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record for us? MR. CATHEY: Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion within 120 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; and, 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, 9.A.3 Packet Pg. 330 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 19 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. You understand the -- MR. NAPOLEON: Yes. CHAIRMAN KAUFMAN: And you'll be able to get this permitted? Has it been built? MR. EDMOND: It's been built, yeah. CHAIRMAN KAUFMAN: And you're just going to apply for a permit now, after-the-fact permit? MR. EDMOND: Well, we tried to apply for the permit, right, but it costs too much. But what we're trying to do is we're going to tear it down and then get a permit so we can tear it down, and then after that we're going to try to build it again properly, you know. CHAIRMAN KAUFMAN: Okay. And you have four months, basically, to do that. MR. EDMOND: Okay. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? MR. ORTEGA: There's no life-safety issues here? MR. CATHEY: No. CHAIRMAN KAUFMAN: Any motions from the Board? MR. DOINO: Make a motion to accept the stip. CHAIRMAN KAUFMAN: Okay. We have a motion to accept the stipulation. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. 9.A.3 Packet Pg. 331 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 20 MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Good luck. MR. EDMOND: Thank you. MS. BUCHILLON: Next item on the agenda under public hearings, D, hearings, 1, CESD20170018879, Nancy Chaves and Vahe Ohanessian. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. Could you state your name on the record for us, please. MR. SUTTER: Yeah, I'm Steven Sutter. CHAIRMAN KAUFMAN: And you are? MR. SUTTER: I was hired a week ago by these -- by Mr. Chavez to try and resolve this. I'm a contractor. I remodeled the house across the street from hers. I guess they started without a permit. They have a permit now, and they need it extended. They're rarely here. And I've got hundreds of pictures of the construction while it was under construction and their file and everything, and I want to try and get it resolved for them. CHAIRMAN KAUFMAN: Okay. We'll hear the case in a second. I just wanted to find out do we have permission from the owner for this gentleman to testify? MR. SUTTER: I have an email from her. CHAIRMAN KAUFMAN: Okay. Have you provided that to Art? MR. SUTTER: No. I showed it to her, but that was it. Do you want to see it? MR. FORD: It's not necessary. 9.A.3 Packet Pg. 332 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 21 MS. GONZALEZ: He just received it this morning, and I told him he could show it. CHAIRMAN KAUFMAN: Okay. You've seen it? MS. GONZALEZ: Yes. MR. LETOURNEAU: County has no objection for him to -- CHAIRMAN KAUFMAN: Okay. We'll take your word, both of you. Okay. Do you want present your case, please. MR. FORD: Good morning. For the record, Arthur Ford, Collier County Code Enforcement. This is in reference to Case No. CESD20170018879 dealing with violations of Collier County Land Development Code 04-41, as amended, Section 10.2.6 (B)(1)(a), interior and exterior alterations, window installation/removal, and concrete block without required Collier County permits, inspections, and certificate of completion. Located at 635 94th Avenue North, Naples, Florida, 34108; Folio 6270856000. Service was given December 11th, 2017. I would like to present case evidence in the following exhibit: Two photos taken by me on December 5th, 2017, and a violation determination by the chief building official. CHAIRMAN KAUFMAN: So far so good. MR. LEFEBVRE: We've got to make a motion to accept. CHAIRMAN KAUFMAN: Okay. Get a motion to accept? Has the respondent seen the photos? MR. FORD: I don't believe so. CHAIRMAN KAUFMAN: Okay. Why don't you show him. MR. FORD: For the record, I didn't realize we were going to have a respondent or someone representing them here. CHAIRMAN KAUFMAN: Okay. Do you have any objection to the pictures? 9.A.3 Packet Pg. 333 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 22 MR. SUTTER: No. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept. MR. LEFEBVRE: Make a motion to accept the pictures. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. FORD: On December 14th, 2017, Code Enforcement received a complaint of contractors working on Sundays and removing/installing windows. On December 5th, 2017, I made a site visit. No contractors on site. Photos taken of evidence of windows removed and replaced, exterior block installed, and wood framework stacked on the side of the house. While photographing the home, I could see through the windows that Sheetrock was removed from the walls exposing wiring and wood framing. I checked for permits. None on file for the address. On December 11th, 2017, I met with the chief building official who reviewed the case and determined that permits were required for the scope of work noted. A notice of violation was issued that same day along with a stop 9.A.3 Packet Pg. 334 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 23 work order. On December 14th, 2017, the property owner, Nancy Chaves, contacted me regarding the notice and the stop work order. I advised her of the violation and the need for required permits before work continues at the property. On April 23rd, 2018, Permit PRBD20180105693 was issued for the scope of work noted. Inspections of the work commenced on July 26th, 2019. I noted that the permit was due to expire on August 2nd, 2019. I called Ms. Chavez and left a message that the permit expires August 2nd and to schedule inspections or extend the permit. The permit expired on August 2nd, 2019, and to date the permit remains expired. CHAIRMAN KAUFMAN: Okay. This is before you were involved in the case? MR. SUTTER: Right; yes. CHAIRMAN KAUFMAN: Okay. So we need to find out whether a violation exists or not. So I'll be glad to take a motion from the Board. MR. LEFEBVRE: Let's hear from him. CHAIRMAN KAUFMAN: From who? MR. LEFEBVRE: Do you have any more information? MR. SUTTER: Everything he said's true, and they want me to get the permit extended and represent them for the inspections. We have a number of pictures and opened up a section of the wall and whatever else, you know, the county needs to see. I've been licensed in Naples 35 years, so I know what he needs to see. CHAIRMAN KAUFMAN: Okay. Well, the gentleman picked this up in the last couple weeks. MR. SUTTER: Eight days ago. CHAIRMAN KAUFMAN: Okay. So this thing was in violation prior to that. 9.A.3 Packet Pg. 335 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 24 MR. FORD: Correct. CHAIRMAN KAUFMAN: If that's correct, if the Board deems that. So I'm looking for a motion. MR. DOINO: Make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: And we have a second. All those of in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Now we get into what needs to be done, et cetera. Do you have a suggestion for us? MR. FORD: I do. Recommend that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days, and abate all violations by: One, obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the interior and exterior alterations, window installations, and removal of concrete block within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a 9.A.3 Packet Pg. 336 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 25 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 my question is: You've seen the scope of work that needs to be done. How long do you think this is going to take to -- MR. SUTTER: Forty-five days at the most. CHAIRMAN KAUFMAN: Forty-five days? MR. SUTTER: Yeah. CHAIRMAN KAUFMAN: Okay. And you will be the person who is going to be responsible for pulling the permit or extending the other permit? MR. SUTTER: Yeah. I'll extend the permit and schedule the inspections. I mean, it should be a couple of weeks. Usually the extension takes a day or two, but, you know, I don't know what they're going to do here, so I want a little bit of time. But we'll get on it right away. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. So the property doesn't look like this anymore? MR. SUTTER: No. It's completed. There's one or two walls that are left open where they can see the installation and whatnot, but the windows are stuccoed and done. MS. CURLEY: According to the permit that's recently expired by someone else? MR. SUTTER: Right. There's been some inspections. Just -- there's a couple outstanding inspections. MS. CURLEY: So, what, do you take over the permit and you 9.A.3 Packet Pg. 337 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 26 change contractors on that? MR. SUTTER: I may just have her extend it in her name and then just be there for inspections, because I think it's quicker and easier. MS. CURLEY: She's got an owner/builder permit for new windows? MR. SUTTER: Yeah. MS. CURLEY: I didn't think you could do that for windows. MR. SUTTER: They originally had a contractor, but then she changed it to -- I believe it's owner/builder. I don't know. I can research it, or I can change it, put the permit in my name. MR. ORTEGA: As long as the property's under her name, not an LLC, trust, or corp -- MS. CURLEY: For windows? She can't install windows as an owner/builder. MR. LEFEBVRE: Yes, you can. MR. LETOURNEAU: You can build anything as an owner/builder as long as you live at that property. MS. CURLEY: Well, she lives in Canada. MR. LETOURNEAU: Well, then she might have an issue then. MR. SUTTER: I mean, she lives here as well, so... CHAIRMAN KAUFMAN: Okay. Someone like to make a motion on this? MR. LEFEBVRE: I make a motion that within 90 days or a fine of $250 per day will be imposed, and the operational costs in the amount of 59.21 be paid within 30 days. CHAIRMAN KAUFMAN: Okay. Do we have a second on that motion? MS. ELROD: I'll second. CHAIRMAN KAUFMAN: We have a second. Do we have any discussion on that motion? 9.A.3 Packet Pg. 338 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 27 MS. CURLEY: I just have a question. Is the property cleaned up or does -- MR. FORD: It's cleaned up. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MS. CURLEY: I oppose. CHAIRMAN KAUFMAN: You oppose? MS. CURLEY: I do. CHAIRMAN KAUFMAN: Okay, good. It passes. Thank you. Thank you. MS. BUCHILLON: Next item on the agenda under hearings, No. 6, CEV20190003764, Frances M. Smugorzewski Estate. CHAIRMAN KAUFMAN: We also have a speaker from the public that wishes to speak, Greg Saunders. MR. JOHNSON: Good morning, Board. CHAIRMAN KAUFMAN: Good morning. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: And your name on the microphone. MR. SAUNDERS: Gregory Saunders. CHAIRMAN KAUFMAN: Okay. And you're from the public. So the first thing we're going to do is we're going to hear the case. The respondent is not here. So then we will come to you before we make our motions. Okay. Good morning. 9.A.3 Packet Pg. 339 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 28 MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEV20190003764 dealing with violations of Collier County Code of Laws and Ordinances, Chapter 130 Article III, Section 130-95 and Section 130-96(a), specifically unlicensed vehicles in the grass and a boat without a trailer parked in the front of this residence. Located at 2739 Holly Avenue, Naples, Florida, 34112; Folio No. 50890320005. Service was given on June 20th, 2019. I would now like to present case evidence in the following exhibits. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the exhibits. MR. DOINO: Motion to accept. CHAIRMAN KAUFMAN: Can we get a second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Respondent's not here to ask, so... MR. JOHNSON: If you want to do "view full screen," Mr. Letourneau, it will maximum what we're doing here. Up in the 9.A.3 Packet Pg. 340 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 29 top left, view full screen. CHAIRMAN KAUFMAN: It's my resident computer expert there. MR. LETOURNEAU: It's a work in progress right here. MR. JOHNSON: Okay. This is the aerial from the Property Appraiser. Just for the Board's information, this is up on Holly Avenue at the end of Bayshore. Everybody comfortable with where we are up there? Secondly, there are two photos taken by me September 23rd, 2019. You'll see this is a mobile home there on this property. As you have seen, this property has a number of vehicles that are parked in the front. The last known owner of this property died in 2003. A Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as a personal representative of this estate. All efforts to contact her have failed. Neighbors believe that she is currently incarcerated in Georgia; however, I have no proof of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming; however, you may want to hear from this representative now. CHAIRMAN KAUFMAN: Okay. MR. SAUNDERS: I first want to say that about a year ago I was in touch with Ms. Bowersox about acquiring and purchasing the parcel. She told me to take it; get my attorney to get it done. Then she went off the grid. What I did -- there was people that was squatting and doing horrific activity and drug activity out of there. So I worked with law enforcement and went over there for about three months, three, four o'clock in the morning, chasing people away. Got the swatters out. Cleaned up immensely. It was horrific. 9.A.3 Packet Pg. 341 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 30 Then, like I said, Ms. Bowersox fell off the grid. So my attorneys, who are working on this, have not been able to get it closed. Meanwhile, I was just needing an extension to get the vehicles and the boat and the rest of the stuff out of there. What happened was, there was a felony crime right before I took possession of the place, or was in the process of taking possession. So I was working with detects and police officers. There was a weapon that they tell me was hidden in the place. The reason why there's plywood up on the windows is because I fixed and re-glazed all the windows when I was working on purchasing the place. Whoever did the crime or associates pertaining to that broke back in through the windows to get the weapon, because I opened it up to let detects get in there to look for the weapon. They couldn't find it. So then I -- after fixing all the glass once, I decided to go ahead and put plywood on so they couldn't keep getting in there. I'm in the process now of having the glasses cut again, the window glass cut again, so I can re-glaze them in and remove the plywood. CHAIRMAN KAUFMAN: Has your attorney indicated that you would be able to purchase this property at some point in time? MR. SAUNDERS: Yes. CHAIRMAN KAUFMAN: Okay. Even if you can't find the owner? MR. SAUNDERS: Yes. Because -- because he has documentation about the purchase. We're just trying to get the last thing done, and he says he can handle it. CHAIRMAN KAUFMAN: So if -- to begin with, we need to find out whether a violation exists here or not, that's number one, and then what we would do going forward. So does anybody want to make a motion as to whether a violation exists? I see the truck in the 9.A.3 Packet Pg. 342 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 31 picture there. MR. JOHNSON: The boat is to the right of the truck as you see it. CHAIRMAN KAUFMAN: Right. MR. JOHNSON: And there's another vehicle on the left-hand side of the trailer that's under a cover. There's a motor scooter in front. MS. CURLEY: I'll make a motion a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: (No verbal response.) CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Do you have a suggestion for us, John? MR. JOHNSON: Yes, I do. The recommendation, that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining and fixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure or store said vehicles within a completely enclosed structure 9.A.3 Packet Pg. 343 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 32 and/or repair defects so vehicle is immediately operable or removing offending vehicles from residentially zoned area within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; Number 2, relocating all recreational vehicles -- this refers to the boat -- relocating all recreational vehicles to the rear yard or in a completely enclosed building or in a carport or on davits or cradles adjacent to waterways or remove offending vehicle from the residentially zoned property within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; 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: Do we have any idea who owns those vehicles? MR. JOHNSON: I have no idea who owns those vehicles. CHAIRMAN KAUFMAN: Okay. Do you have any idea who owns them? MR. SAUNDERS: Yes, I do, sir. I do. CHAIRMAN KAUFMAN: You own the vehicles that are there? MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: And you can get them removed, the boat removed -- MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: -- et cetera. 9.A.3 Packet Pg. 344 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 33 MR. SAUNDERS: Just yesterday evening I finally got confirmation on a place to store the boat, and I've just got to get the trailer and get it -- it fell over due to the rain, so I've got to get it jacked back up and get it on a trailer. CHAIRMAN KAUFMAN: Do we have any questions from the Board? MR. LEFEBVRE: Yeah. I have a question. At what stage are you in purchasing this property? You said there's one last thing. What's the last thing? MR. SAUNDERS: Just actually getting her to sign. MR. LEFEBVRE: Well, that's a big last thing. MR. SAUNDERS: Right. MS. BOWMAN: You have no idea where she is? MR. SAUNDERS: I actually did up till about four months ago and then, like I say, she just went off the grid. So my attorney is working on -- because there's also a brother. This was her mother and brother's place. They grew up in this house. There's a brother that's involved in it, too, and the reason why my attorney can get it handled is because the brother can sign as well. CHAIRMAN KAUFMAN: Okay. That's not our concern. That becomes your concern. Okay. Anybody like to make a motion on that? MS. CURLEY: I'll make a motion. I'll fill in the blanks for that. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: So I'll give the -- I'll give them 365 days or a fine of $100. And just as a -- just as a footnote, there's two more cases behind this -- MR. JOHNSON: Correct. MS. CURLEY: -- with similar things involving this, so -- and I know there's no second on this motion but, I mean, this is a really small, little tight-nit community out there, and I feel like what you've 9.A.3 Packet Pg. 345 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 34 done is, you know, something that most neighbors would never do, in spite of the fact that you have something to gain at the end. It's still very nice of you to work with law enforcement. CHAIRMAN KAUFMAN: Okay. You have a motion. Do we have a second? MS. BOWMAN: I'll second that. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. Any comment on the motion? MR. ORTEGA: Was the -- did I hear 365 days? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: You did. MS. CURLEY: Well, that way it leaves this open for a year so his attorney doesn't have to mess with liens or anything that may be in the case, and then if he purchases it in the meantime, this case remains open, and he can sort through all this a lot easier without, you know, coming back and -- yeah. MR. SAUNDERS: If I may say something, Board. CHAIRMAN KAUFMAN: Hold on a second. MR. SAUNDERS: Sorry. CHAIRMAN KAUFMAN: Go ahead, Gerald. MR. LEFEBVRE: This case is, in fact, brought upon the person here, the person of interest in purchasing the property. It's not based on the previous -- or the owner that's here. It's -- he just admitted that -- MS. CURLEY: He's not the owner. It's based on the -- MS. BOWMAN: He's not the owner. MR. LEFEBVRE: Whoa, whoa, whoa. CHAIRMAN KAUFMAN: Hold on. MR. LEFEBVRE: I'm speaking. In his testimony he stated that he -- it's his vehicles, his boat and everything. Not the owner. So he actually put this on, and you're going to give him 365 days to -- he's 9.A.3 Packet Pg. 346 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 35 going to have it removed. MS. CURLEY: I heard his testimony and, yes, that is my motion. CHAIRMAN KAUFMAN: Okay. You have your motion. You have your comment. I'll give you my comment. The gentleman said he can have that removed lickety split for a -- okay. So let's vote on the motion and see where we go. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: All those opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Opposed. MR. ORTEGA: Opposed. CHAIRMAN KAUFMAN: Show of hands opposed. MS. ELROD: (Raises hand.) CHAIRMAN KAUFMAN: (Raises hand.) MR. LEFEBVRE: (Raises hand.) MR. ORTEGA: (Raises hand.) CHAIRMAN KAUFMAN: One, two, three, four. Motion fails. MS. CURLEY: All the realtors don't like it. MS. BOWMAN: I'm a realtor. CHAIRMAN KAUFMAN: You're out of line. You're of line. You're out of line. I don't want to hear that comment again. Anybody else like to take a motion? MR. LEFEBVRE: I make a motion the operational costs in the amount of I think it was 59.21 -- CHAIRMAN KAUFMAN: That's correct. MR. JOHNSON: Yes, sir. 9.A.3 Packet Pg. 347 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 36 MR. LEFEBVRE: -- be paid within 30 days and that the respondent has 60 days to remove the items or a fine of $250 a day. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? MR. JOHNSON: Is that for both Items 1 and 2? CHAIRMAN KAUFMAN: This is just -- MR. LEFEBVRE: Well, yes, yes. It will be for both items. MR. JOHNSON: Okay. Thank you. MR. LEFEBVRE: Just for clarification. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SAUNDERS: Thank you. CHAIRMAN KAUFMAN: Okay. So on this one -- this isn't you. This is the person who is missing, if you will, needs to do that. And if you can remove the vehicles for that person, this all goes away within 60 days. Okay. MR. SUTTER: Thank you, sir. CHAIRMAN KAUFMAN: So is your next case on this? MR. JOHNSON: I would hope so. Is me again? 9.A.3 Packet Pg. 348 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 37 MS. BUCHILLON: Yes. We'll just go with the two cases that he has after. CHAIRMAN KAUFMAN: Do you want stay for the second case? MR. SAUNDERS: Yes, sir. CHAIRMAN KAUFMAN: Okay. The speakers were previously duly sworn and indicated in the affirmative.) MR. JOHNSON: Good morning. Good morning, for the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CEPM20190008861 dealing with a violation of Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22-241(1), specifically the boarded windows on the structure require a boarding permit. Located at 2739 Holly Avenue, Naples, 34112; Folio No. 50890320005. Service was given on June 20th, 2019. Now -- I would now like to present case evidence in the following exhibits: One aerial and one photo taken by me on September 23rd. CHAIRMAN KAUFMAN: Okay. Can we get a motion to accept the photos. MR. DOINO: Motion to accept. MR. LEFEBVRE: Has the respondent -- CHAIRMAN KAUFMAN: Respondent's not here. MR. LEFEBVRE: That's right. Sorry. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. 9.A.3 Packet Pg. 349 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 38 MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. JOHNSON: As you have seen -- oh, wait. I'm sorry. You haven't seen. MR. LETOURNEAU: A little deja vu here. MR. JOHNSON: You know the location, and now the picture, sir, please. The boarded windows, as you can see. So as you can see, this property has illegally boarded windows. Might as well go to my recommendation. CHAIRMAN KAUFMAN: Well -- MR. JOHNSON: Do you need the rest? CHAIRMAN KAUFMAN: -- we have to go through the process. MR. JOHNSON: It is well written. CHAIRMAN KAUFMAN: Any -- MR. JOHNSON: I'm sorry. CHAIRMAN KAUFMAN: Do you have anything else to say other than it has illegally boarded windows? MR. JOHNSON: The last known owner of this property, and so on, as I read in the last one, do I read that into the record? CHAIRMAN KAUFMAN: Yes. MR. JOHNSON: Last known owner of this property died in 2003. Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as the personal representative 9.A.3 Packet Pg. 350 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 39 of this estate. All efforts to contact her have failed. Neighbors believe she is currently incarcerated in Georgia, although I have no confirmation of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming from the owner. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Current. CHAIRMAN KAUFMAN: Sir, as the public. MR. SAUNDERS: I'm actually going to remove the plywood and re-glaze the windows a second time. CHAIRMAN KAUFMAN: Okay. It's obviously not your responsibility. You know that. You're a good neighbor. What can I say? Hopefully you'll own it soon, and this work won't be done in vain. MR. SAUNDERS: Right. CHAIRMAN KAUFMAN: Okay. Discussion or motions from the Board? MR. DOINO: Motion. MR. ORTEGA: Question. CHAIRMAN KAUFMAN: Question. MR. ORTEGA: This is a mobile home? MR. JOHNSON: Correct. MR. ORTEGA: On tires, wheels? MR. JOHNSON: No, it's not on wheels. It's on its piers, on its pilings. MR. ORTEGA: Okay. And I take it there's going to be a permit that's going to be applied for? MR. JOHNSON: The mobile home has already been permitted to be there. That's from years ago. 9.A.3 Packet Pg. 351 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 40 MR. ORTEGA: Glazing, the re-glazing. MR. SAUNDERS: I don't believe there's a permit required to re-glaze a window. MR. ORTEGA: A window? One window? MR. SAUNDERS: There's three of them, sir, but I'm saying -- MS. ELROD: He's not replacing the glass -- I mean the windows. He's only replacing the glass. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Your point was that this is not a motor vehicle; is that correct? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. I understand. MR. SAUNDERS: Right. MR. ORTEGA: So if a permit's not required, then a permit's not required, and he can do the work. That's where I was headed with this. CHAIRMAN KAUFMAN: So anybody like to take -- MR. DOINO: Motion that a violation exists. MR. LEFEBVRE: Second. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) 9.A.3 Packet Pg. 352 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 41 CHAIRMAN KAUFMAN: It carries unanimously. Now you can give us your suggestion. MR. JOHNSON: My recommendation, that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by obtaining an approved boarding certificate from the Code Enforcement Department and boarding the structure to the specifications set forth by the ordinance or removing the boards from the windows and replacing the windows within X number of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated. 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 violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question. MS. ELROD: How long do you think it will take you to re- glaze the windows? MR. SAUNDERS: About two weeks. CHAIRMAN KAUFMAN: Anybody want -- any other discussion on this, or a motion? MR. LEFEBVRE: In this particular case I know the boards need to be permitted, but if there's reoccurring break-ins on this house, it might be better to leave the boards up for a longer period so he can possibly work out -- CHAIRMAN KAUFMAN: I think you can structure your motion in that way. 9.A.3 Packet Pg. 353 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 42 MR. LEFEBVRE: Right, right. So what I would recommend in a motion is a fine of $150 a day and within 120 days the boards be removed, so it gives him plenty of time to leave the boards up and keep the house secure. MS. CURLEY: Could do 364. MR. LEFEBVRE: That's my motion. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a second. Any discussion on the motion? No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. So you have enough time. Hopefully your lawyer can get this all -- and these fines and whatnot are not on you. They are on the owner of the property. MR. LEFEBVRE: But they potentially -- MR. SAUNDERS: Could be -- CHAIRMAN KAUFMAN: Could be. MR. SAUNDERS: -- once I purchase it if they're on there, but I'm going to take care of the issues. 9.A.3 Packet Pg. 354 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 43 MS. ELROD: But we've left you enough time to leave the boards up until you handle it. MR. SAUNDERS: That's correct. CHAIRMAN KAUFMAN: Great. You can be my neighbor anytime. My grass needs to be cut. No. Thank you very much. MR. SAUNDERS: Thank you, sir. MS. CURLEY: We've got one more. CHAIRMAN KAUFMAN: We've got one more? MS. BUCHILLON: We've got one more case, yes. CHAIRMAN KAUFMAN: Which case number is this? MS. BUCHILLON: Number 8, CENA20190003644. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: Wait. I'm already sworn in, am I not? MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: It wears off. It wears off each case. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show the respondent's not present for this case as well. And present your case, please. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CENA20190003644 dealing with a violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, and Collier County Land Development Code 04-41, as amended, Section 2.02.03, specifically, there is illegal debris and litter on this property. Located at 2739 Holly Avenue, Naples, 34112; Folio No. 50890320005. Service was given on April 4th, 2019. I would now like to present case evidence in the following exhibits: The aerial from the Property Appraiser's site and two 9.A.3 Packet Pg. 355 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 44 photos taken by me on September 23rd, 2019. CHAIRMAN KAUFMAN: Motion to accept the photos. MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: And seconded. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: This is some of the debris. You see here the concrete and the construction debris. Can I have the next photo, please, sir. And I don't know what this -- well, that thing. I don't know what that is, but some type of appliance or trunk or something. There's some pipes. It's just miscellaneous. And, actually, it's quite a bit cleaner than it was when it first started, I'll be honest with you, so... As you have seen, this property has unauthorized litter -- THE COURT REPORTER: I'm sorry. Can you slow down just a bit? MR. JOHNSON: Huh? THE COURT REPORTER: You've been doing a speed contest. Can you slow down a little? MS. CURLEY: I've a question about the -- MR. JOHNSON: Am I winning? 9.A.3 Packet Pg. 356 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 45 CHAIRMAN KAUFMAN: Hold on. Hold on. Let him finish. What Terri's saying you're talking faster than Mark Strain. That's fast. MR. JOHNSON: He's my hero. As you have seen, this property has unauthorized debris and litter being stored outside. The last known owner of this property died in 2003. A Ms. Juanita Bowersox, last known address, Hastings, Nebraska, was appointed by the courts as the personal representative of this estate. All efforts to contact her have failed. Neighbors believe that she is currently incarcerated in Georgia; however, I have no proof of that. As property taxes have not been paid since 2014, I believe this property may now be abandoned, and no action for the abatement of code violations will be forthcoming from the owner. Recommendation? MS. CURLEY: Can you zoom up on the aerial picture. MR. JOHNSON: I'm sorry. MS. CURLEY: Would you please zoom up on the aerial picture. MR. JOHNSON: Sure. I'll have my assistant. Mr. Letourneau, could you zoom on the aerial, please. MR. LETOURNEAU: Hold on one second here. Do you have a -- we don't have an aerial -- MS. CURLEY: Oh. I was just wondering -- the first picture with the concrete. You saw the fence. Should we just assume the fence line is the property line? That concrete looks like it's in front of it by the road. MR. JOHNSON: You are correct. I don't know if the fence is the property line, though, but it's certainly part of the property in the right-of-way. That creates a responsibility as an improved lot. MS. CURLEY: What -- is that, like, DOT concrete, or what is 9.A.3 Packet Pg. 357 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 46 that? Is that like -- MR. SAUNDERS: It's a great question, and I don't know. It showed up there one day, literally. And they're big pieces of concrete. I have no idea. CHAIRMAN KAUFMAN: Okay. MR. SAUNDERS: The only thing that I want to say is, as crazy as this sounds, that place looks like Port Royal now compared to what it looked like; I promise you. CHAIRMAN KAUFMAN: Okay. Do you have any comments other than that? MR. SAUNDERS: No, sir. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Can you tell us, do you happen to know what that thing is in front of the tree? MR. SAUNDERS: Yes. That's a generator, ma'am. MS. CURLEY: Is it being used? MR. SAUNDERS: Not there, no. MS. CURLEY: Oh, like an enclosed generator? MR. SAUNDERS: That's a generator that would run a complete house of about 1,500 square foot under air. CHAIRMAN KAUFMAN: Okay. We'll be there tomorrow to pick it up. No. MS. CURLEY: Is that a violation, then, if that's his energy source -- if that's that property's energy source? I'm trying to -- MR. JOHNSON: If it's working -- it's not working. It's not working. It's not hooked up, right? MR. SAUNDERS: That's correct, sir. MR. JOHNSON: I would still say it's an illegal outside storage being there not being used. CHAIRMAN KAUFMAN: Okay. Does a violation exist? MS. ELROD: I make a motion a violation exists. 9.A.3 Packet Pg. 358 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 47 CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. JOHNSON: I do, sir. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 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 blank number of days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. The respondent must -- No. 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 9.A.3 Packet Pg. 359 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 48 Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Have you cleaned most of this up already? MR. SAUNDERS: (Nods head.) CHAIRMAN KAUFMAN: Okay. And whatever's left you have no problem getting rid of? MR. SAUNDERS: No, sir. I'll take care of it. CHAIRMAN KAUFMAN: Okay. Anybody like to fill in the blanks on that motion? MR. LEFEBVRE: Make a motion that 59.21 be paid within 30 days, ninety days to remove everything, or $100-a-day fine. CHAIRMAN KAUFMAN: We have a motion. Do we have a second? MS. ELROD: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. SAUNDERS: Board -- I want to say thank you, Board. Have a wonderful day. CHAIRMAN KAUFMAN: You, too. 9.A.3 Packet Pg. 360 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 49 MS. ELROD: Good luck. MR. SAUNDERS: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 2, CESD20170019893, Grettal Gonzalez and Oscar Garcia. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your names on the microphone for us, please. MR. BATISTA: My name is Hector Batista. MR. GARCIA: My name is Oscar Garcia. CHAIRMAN KAUFMAN: So I have Gonzalez and Garcia? MR. GARCIA: Right. CHAIRMAN KAUFMAN: So you're Garcia. MR. GARCIA: Oscar Garcia. MR. BATISTA: He's Garcia. CHAIRMAN KAUFMAN: Okay. Just wanted to know the cast of characters before we continue. Okay. MR. ODOM: Okay. Good morning. For the record, Michael Odom, Collier County Code Enforcement. This is an imposition of fines. Past orders: On July 26th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5540, Page 2963, for more information. The violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate of 250 per day -- correction -- per day for the period from October 25th, 2018, to September 26th, 2019 for 370 -- 337 days for 9.A.3 Packet Pg. 361 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 50 a total fine amount of $84,250. Fines continue to accrue. Previously assessed operational costs of $59.63 have been paid. Operational costs for today's hearing: $59.43. Total amount: $84,309.43. CHAIRMAN KAUFMAN: Okay. Sir? MR. BATISTA: Yes, sir. CHAIRMAN KAUFMAN: You have a violation that we're going to vote whether to impose the fine or not. This has been going on for over a year. Close to -- yeah, over a year. MR. BATISTA: The problem was it wasn't only one violation we had. It was the pool, the driveway. There's a lean shed on the back. And I've been working -- as you can see the file, everything the county asked me, everything's closed. The only thing right now that I'm working on with Michaelle Crowley, it's the square footage of the lime rock. The tree's been planted, the property's clean, all the trees are in. But it takes a lot of paperwork that sometimes we don't understand, and it goes back into the county, it takes, you know, their time for them to resolve this, send it back to me, you know. And that property we have, like, five surveys difference on what they want done. So I think last time, that was two weeks ago, right, that I went to see Michaelle Crowley? MR. ODOM: (Nods head.) MR. BATISTA: She gave me exactly what I needed to finish this thing up, and the size of the boat. And we've really been working at it very hard, sir. We just haven't been sitting down there for 300 -- like I said, it was, you know, the entrance, the pipe on the front, the pool, all these permits already been closed. The only thing that I need to work out is the square footage on this, which when I leave here today, I'm going to try to go to the county and see if that's what she wants, write it up, give it to her. 9.A.3 Packet Pg. 362 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 51 The shed's already been approved through the county. It's passed inspection. All I need is this so I can get my CO. CHAIRMAN KAUFMAN: So you're going to request that we continue this or extend this to some -- MR. BATISTA: Yes. Can you extend it at least -- I don't know. Give me -- let's put it this way: Give me two months. I'm going to try to get it done for you this week. It's all the county also. I can't tell the county -- you know, I can't drop this and tell them, give me the paper tomorrow. Sometimes it takes them two weeks, and it goes to another department. On this thing, it's like two -- I think two, three departments that look at it. So it goes from one department to two department till I get it back. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: I have a question for the county. MR. ODOM: Yes, ma'am. MS. CURLEY: How come the -- why didn't we hear this case, like, last year when it -- why does it take, like, 11 months? MR. ODOM: Well, that's a fair question. There has been -- communication's been great moving forward. There's been progress. They issued their after-the-fact permit, which is why -- one of the reasons why this is taking so along. There's a lot of to sift through for this carport. And I think, generally, the reason why we didn't hear it sooner is, number one, it's not health and safety and, number two, efforts have been consistent moving forward. There's a lot of rejections in there, and we kept thinking, okay, we're going to get it right this time, and then it fell through. So there's -- it passed its final inspection. There's just CO holds now that they're working through. And this is also in conjunction with the clearing case as well. So there's a lot to sift through with 9.A.3 Packet Pg. 363 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 52 many different reviewers. So they keep getting tripped up, but we've decided to give them a lot of time, and then -- hope that answers your question. MS. CURLEY: So what triggered it to come today? What if we had waited for it to come, like, next month? I mean, is there just some rule of thumb that you guys follow? MR. LETOURNEAU: Yeah. We look at every case that's going to be up for imposition. If we feel that there has been sufficient compliance efforts, we will hold off before we bring it to the Board. I think at this time we felt that probably they had stalled a little bit at this point, so we felt like we were going to bring it. MR. ORTEGA: Well, it states there's a vertical structure that was built. Is that what you're doing the after-the-fact or -- MR. BATISTA: Yes, sir. MR. ORTEGA: -- after-the-fact permit? MR. ODOM: Yes. MR. ORTEGA: And right now it's in permitting stages. It's been rejected. You're trying to sift through that. MR. ODOM: Correct. There are CO holds on it right now, one including stormwater, one including environmental, approval of plantings with a separate case, and they're also running into impervious issues now. So it's a lot to sift through, and clarification has been needed for the correction/rejections. And I believe on the 5th of September was the last meeting at 2800. So there's been a lot of effort moving forward, but after the fact it's been very difficult, I think, to correct this, so... MR. ORTEGA: When you say "after the fact," you mean permit after the fact? MR. ODOM: Yes, sir. MR. ORTEGA: Well, there's nothing to correct unless it's being 9.A.3 Packet Pg. 364 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 53 brought into compliance. But if it's the after the fact, that means it's already in compliance. MR. ODOM: I meant to say an after-the-fact permit, because this was all done without a permit at first, so now, you know, getting the permit CO'ed, they're running into problems. That's what's taking so long. CHAIRMAN KAUFMAN: Was this originally started under the same ownership? MR. ODOM: Yes, Mr. Chairman. CHAIRMAN KAUFMAN: Then you can't do an after-the-fact permit; am I right? MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: So I just mention this. MR. ORTEGA: You have to have a permit. CHAIRMAN KAUFMAN: I understand that. But if you're the one that did it, then you're the one who is not eligible for the after-the-fact permit. MR. ORTEGA: That is correct. The violator cannot apply for a permit by affidavit. So there have to be inspections in lieu of by engineer. MR. LETOURNEAU: I believe there's a little confusion here. An after-the-fact permit is something that the county charges when something's built and they don't get a permit for it originally. After-the-fact fees can be added on as a semi penalty for obtaining the permit later. I believe you're talking about a permit by affidavit. CHAIRMAN KAUFMAN: Right. You're right. MR. LETOURNEAU: Which is totally two different things. CHAIRMAN KAUFMAN: Okay. So you think you can get this done in two months; is that correct? MR. BATISTA: Yes, sir. Hopefully in a week. CHAIRMAN KAUFMAN: Okay. 9.A.3 Packet Pg. 365 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 54 MR. BATISTA: If everything is fine and it doesn't have to go to the county and through four or five people. I'm taking it to her right now. If she says, okay, I've got the survey already approved, everything, all I've got to do is write the numbers down on a piece of paper, give it to her -- because the lean shed, just so you know, it passed. The only thing, I can't get a CO until I get all this. All my inspections passed. MR. ORTEGA: With a condition. MR. BATISTA: With a condition to when I finish this, then they'll give me a CO of the whole thing. CHAIRMAN KAUFMAN: Somebody like to make a motion on an extension, a continuation, or to impose the fine? MS. CURLEY: I make a motion to extend this for 60 days. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: Extend or continue? MR. LEFEBVRE: Extend the fines keep accruing, correct? CHAIRMAN KAUFMAN: I think the fines continue on a continuation. MS. BUCHILLON: Yes. MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: So are you sure you want an extension or a continuation? MS. CURLEY: Whatever Gerald wants. He seconded it. MR. LEFEBVRE: No. It's the one that makes the motion. MS. CURLEY: Then I'm fine with the way it is. We don't need to add any more to that amount, in my opinion. MR. LEFEBVRE: I'll keep my second. CHAIRMAN KAUFMAN: Okay. So that means that all these fines go away today. MS. CURLEY: Sure. I mean, we should have seen him in November, you know, and then he would have maybe had a little bit 9.A.3 Packet Pg. 366 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 55 more, you know -- CHAIRMAN KAUFMAN: Well, my personal belief is you continue it and, when it gets all resolved, then the respondent can come and ask for the fines to be abated. But to just, before it's in compliance, to -- you're, in essence, abating all the fines. To me that doesn't fly. MS. CURLEY: I just feel like it was -- you know, they gave them 337 days post his time that he was given, and -- MR. LETOURNEAU: Can I say something on that? MS. CURLEY: Give him, like, 60 days. CHAIRMAN KAUFMAN: Sure. MR. LETOURNEAU: That's a benefit to the respondent when we don't bring it in right away for an imposition. Because if we bring it right away, say we brought it in November and you guys imposed at that point, at that point it's going to be out of your hands and it's going to be into the BCC hands. Fines are going to continue to run, and there's no way that they're going to be able to come before you guys and deal with it like we are right now. That's why, if they're making compliance efforts, we try to keep it in-house. That way we can bring it before you guys and you can do what you're doing today. MR. ODOM: And I asked for that. That was me who said can we hold off. CHAIRMAN KAUFMAN: Okay. There's two ways to hold off. One is a continuation and one is an extension. An extension erases all the fines, and they do not continue. They start from today. MS. CURLEY: I see your -- I see your view. I get it. I just feel like it's -- CHAIRMAN KAUFMAN: Okay. MS. CURLEY: -- you held off but then at the ninth hour, you know, you change your mind. MR. LETOURNEAU: I don't think -- it wasn't really a ninth 9.A.3 Packet Pg. 367 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 56 hour. I looked at the case, and it appeared that they weren't making any progress. At that point, you know, if they're not moving towards compliance, Code Enforcement feels that it's -- at this point we need to think about imposition. MS. CURLEY: I know. So you had said that September 5th was the last activity on it. I don't think that's that long ago. That's 20 days ago. MR. LETOURNEAU: Well, I probably submitted it for imposition before that date right there. MS. CURLEY: Okay. CHAIRMAN KAUFMAN: So just to clarify, are we talking about an extension or a continuation? MR. LEFEBVRE: The motion and a second is an extension. MS. CURLEY: Yeah. MR. LEFEBVRE: And that's what's on the table. So, if we could, let's go to vote. CHAIRMAN KAUFMAN: Okay. All those in favor? MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Those opposed? MS. ELROD: Aye. CHAIRMAN KAUFMAN: Aye. One, two. Okay. Motion carries. Okay. MR. BATISTA: All right. Thank you very much. MR. ODOM: Thank you. MR. BATISTA: You all have a nice day. 9.A.3 Packet Pg. 368 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 57 MR. LEFEBVRE: So just a quick clarification. If they come into compliance, then we won't have to have them back in front of us, correct? MR. LETOURNEAU: We will, because there will be -- oh, no, there won't. If they come into compliance now, you have waived the outstanding fines at this point, I believe, so, yeah. MR. LEFEBVRE: Including any operational costs for today, correct? MR. LETOURNEAU: Yeah, including -- so, yeah, if they come into compliance within the next 60 days, you won't see this case again. MS. CURLEY: It's called de-bogging the system. MS. BUCHILLON: Next item on the agenda -- MR. LEFEBVRE: Yes. MS. BUCHILLON: -- under imposition of fines, No. 2, CESD20170010029. I'm sorry, No. 3, Ramiro Teran and Gerenarda Teran. MS. CURLEY: What number? MS. BUCHILLON: Number 3 under imposition of fines. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Would you like to read this into the record? Can you state your name on the microphone for us? You can pull that down. There you go. MS. GERENARDA TERAN: My name is Gerenarda Teran. MS. AMY TERAN: And I am Amy Teran. CHAIRMAN KAUFMAN: Okay. MS. PULSE: For the record, Dee Pulse, Code Enforcement investigator. Okay. This is Collier County violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) 9.A.3 Packet Pg. 369 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 58 and 10.02.06(B)(1)(e). Location is 5671 Lancewood Way, Naples, Florida; Folio 38341560006. Buildings in the rear of the structure and no Collier County building permit obtained. Permit 2007051003 for a reroof did not receive a certificate of completion. Past orders: On March 22nd, 2018, the Code Enforcement Board issued a findings 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, OR5493, Page 3290, for more information. On August 23rd, 2018, the Code Enforcement Board granted an extension of time. See the attached order of the Board, OR5549, Page 956, for more information. On January 24th, 2019, the Code Enforcement Board granted an extension of time. See attached order of the Board, OR5603, Page 2094, for more information. The violation has been abated as of July 30th, 2019. Fines have accrued at the rate of $150 per day for the period of May 18th, 2019, to July 30th, 2019, 74 days, for a total fine amount of $11,100. Previously assessed operational costs of $59.42, $59.35, and $59.63 have been paid. Operational costs for today's hearing: $59.91. Total amount: $11,159.91. CHAIRMAN KAUFMAN: Okay. And you are here today to ask for... MS. AMY TERAN: A waive of the fees. CHAIRMAN KAUFMAN: Any motion from the Board? MR. LEFEBVRE: Just a question. Why did it take so long? It was a reroof. Why did it take so long to get into compliance? MS. AMY TERAN: So we did have three permits that are after 9.A.3 Packet Pg. 370 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 59 the fact that we did have to bring into compliance. The roof was, I believe, a problem that was opened, I believe, earlier in the 2000s, and it didn't come to our attention. So when we did have that problem brought to us, we did do our best of our extent to bring everything into compliance with all three of the permits. It took quite some times due to medical problems with family -- expensive. This is a lengthy and pricy progress (sic). We did bring it to our best of extent (sic) that we could and the timing. MS. CURLEY: Wasn't this, like, a roof that was not permitted before they owned it or, like, 10 or 20 years ago, and then they got caught up in having to fix this whole history? MS. PULSE: Yes, that's true. MR. LEFEBVRE: Make a motion to deny the county's request to impose the fines. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Fines are gone. MS. AMY TERAN: Thank you. MS. GERENARDA TERAN: Thank you. MS. CURLEY: Thank you. 9.A.3 Packet Pg. 371 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 60 MS. BUCHILLON: Next item on the agenda under imposition of fines, No. 4, CESD20190003630, Jean R. Darce, Rosela Joseph, and Roger Angervil. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. DARCE: Jean Robert Darce. CHAIRMAN KAUFMAN: Okay. MS. PATTERSON: For the record -- CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. For the record, Sherry Patterson, Collier County Code Enforcement. We're here for an imposition of fines today. The violation is of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06 B)(1)(e). The location is at 47 Royal Cove Drive, Naples, Florida; the Folio is 7127192003. The description is there was an addition to a mobile home without first obtaining the required Collier County buildings permits. And the past orders of this case are on June 27th, 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, OR5652 and Page 841, for more information. The violation has been abated as of September 11th, 2019. The fines and costs to date are as follows: The fines have accrued at a rate of $150 per day for the period of -- from August 27th, 2019, to September 11th, 2019, 16 days, for a total fine amount of $2,400. Previously assessed operational costs of 59.56 have not been 9.A.3 Packet Pg. 372 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 61 paid. Operational costs for today's hearing is 59.28; for a total of 2,518.84. I would like to add something to this, going back to the previously assessed operational costs of 59.56, stating that they had not been paid. Mr. Darce was under the impression that he would be able to pay the costs here today at the hearing, so -- but we don't have any -- we don't have a receipt or anything to give him here today. So he's agreed to come down and pay the operational costs today after the hearing, and we were hoping that the Board might entertain that, so... CHAIRMAN KAUFMAN: Okay. We've done this in the past as long as they're paid today. If they're not paid today, then we have further remedies. MS. PATTERSON: Okay. Great. CHAIRMAN KAUFMAN: Anybody like to take a stab at a motion? MR. LEFEBVRE: I'd like to hear from the respondent. CHAIRMAN KAUFMAN: You're here to... MR. DARCE: To see if we can waive the fee for me. CHAIRMAN KAUFMAN: Okay. And you understand that the operational costs of $59.56 need to be paid today in order for us to consider waiving the fine? MR. DARCE: I'm good for that. CHAIRMAN KAUFMAN: Okay. That will be the best investment you made today, believe me. Okay. Anybody like to make a motion? MS. CURLEY: Motion to deny the county the fine of -- CHAIRMAN KAUFMAN: $2,518.84. MS. CURLEY: -- 2,518.84. CHAIRMAN KAUFMAN: Okay. We have a motion. MR. DOINO: Second. 9.A.3 Packet Pg. 373 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 62 CHAIRMAN KAUFMAN: And we have a second. MR. LEFEBVRE: I want to clarify. It's denying the $2,400 plus today's operational costs. CHAIRMAN KAUFMAN: Of 59.28. MR. LEFEBVRE: But the operational costs of 59.56 have to be paid. CHAIRMAN KAUFMAN: That's correct. Okay. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Pay the fines today. MR. DARCE: Okay. Thank you, sir. CHAIRMAN KAUFMAN: Thank you. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Terri, how are you fingers? THE COURT REPORTER: I could use a break. CHAIRMAN KAUFMAN: Okay. We're going to take a 10-minute break. A recess was had from 10:31 a.m. to 10:44 a.m.) CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board back to order. Which brings us to... MS. BUCHILLON: Next item on the agenda under imposition 9.A.3 Packet Pg. 374 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 63 of fines, No. 5, CESD20170011283, Karen M. McGrath. MS. McGRATH: Good morning. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MS. McGRATH: Angela McGrath. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: Karen McGrath is my legal wife, and we've been going through this dilemma for pretty close to a year and a half now -- CHAIRMAN KAUFMAN: Okay. MS. McGRATH: -- on a 288-square-foot house in Goodland Florida, so... CHAIRMAN KAUFMAN: Okay. Why don't you read through, and we'll go from there. MR. MUSSE: Good morning. For the record, Investigator Jonathan Musse, Collier County Code Enforcement. Past orders: On May 24th, 2018, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5519, Page 3631, for more information. On September 27th, 2018, the Code Enforcement Board granted the continuance. See the attached order of the Board, OR5558, Page 1057, for more information. The violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines accrued at the rate of 100 per day for a period from September 22nd, 2018, to September 26th, 2019, 370 days, for a total fine amount of $37,000. Fines continue to accrue. Previously assessed operational costs of $59.63 and $59.35 have 9.A.3 Packet Pg. 375 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 64 been paid. Operational costs for today's hearing: $59.63. Total amount: $37,059.63. CHAIRMAN KAUFMAN: Okay. The floor is yours. MS. McGRATH: I'm not really sure what to say, because you're kind of at the mercy of Collier County with all of this. We have to date $467,000 in this 288-square-foot house. I could have built a 3,000-square-foot home cheaper than this. So the problem has been every time they come back and tell us they need a piece of information -- as Jonathan Musse will agree, I have taken off work. I've done everything I could. I have supplied the information. The problem is every time that we go back and get one step ahead, they come back and tell us we need something else. So first they -- so I don't even know where to begin with all of this, because this thing has just been a mess. Now they're telling us -- we've had nine surveys on the property because they couldn't figure out -- the county couldn't figure out why there was a little piece of a jetty thing off in our dock, which happens to be a step to step on our boat. So we had to go back and we had to resolve that. Then they -- the county came back and said -- and this is John Kelly who has taken over as plan reviewer for this trying to get us our CO. So we went back to Marco Surveying, and they sent a letter back and they said, this is the ninth time we have done a survey for you. The survey goes to the break wall -- to the seawall and comes back, and that's where we determine where the survey is. So they, in a sense, wrote a letter to John Kelly saying they would not be back again. This is nine times, and they consider it harassment at that point. So we got the variance. We paid our $5,000 to the attorney for Collier County. We got the variance in progress, and then everybody 9.A.3 Packet Pg. 376 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 65 goes on vacation, and then nobody knows what's going on. Then they said, oh, we don't have a septic permit. Well, the septic permit was filed. They made us put a hoot system in, which takes up a third of our lot. And I was through this whole thing last time I was in. Then they came back and said, you don't have the proper square footage on your septic. So I had to go back to Land Perc and paid them another $750 to redo another drainfield to fit a 288-square-foot house. So the problem that we have is, number one, all of our inspections were satisfied, signed, but every single one of them except my site drainage said you need an engineer report. So then we go back to Martin from American Engineering. Now we have 23,000 and Martin reassessing and writing letters. So the county pretty much has double dipped. They've charged us for an inspection to come out. If they caught something from the beginning, then they should have told us. Now everything is signed off. Now they're coming back and saying that our drainage easement is off zero point one-tenth of an inch. So then on, just Friday, they sent an email saying that our little cart -- our little lean-to we have for our golf cart is intruding on a user lease agreement. So we said, all right. What do you want us to do? Well, you have to call Geno at stormwater protection something. I didn't know anything about it. They told me in the beginning don't worry about that. Worry about your rear variance, which we did. We paid to date 17,000 to have everything redone, not including in the beginning to raise the tiny house 7.8 feet, because it had to be an AE level nine-and-a-half feet above sea level. So my problem now is we have done everything that they've wanted us to do. Has it taken a long time? You haven't lived it like I've lived it. This has been a nightmare. I can't sell the property. I 9.A.3 Packet Pg. 377 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 66 can't do anything with it until this gets resolved. So, yes, the court costs are incurring. I'm asking for it to be waived because I've done everything I possibly could. Now they're saying to remove the lean-to where the golf cart is. So I said, well, I own the property next door. Take your two feet or whatever it is. I'll redo the plot. Take it. Put my property next door that I own on the area in question and take whatever feet you need from that and let's just be done with this. They said someone would contact me on Monday. I made several calls. Nobody's called back. But this has been the problem with Collier County the whole time. I have over 750 text messages, emails, and phone calls. No one calls you back. You have to go track people down. Nobody knows what their -- one person tells you one thing, another person tells you something else. You can verify, Jonathan, I've done everything in my power. I paid a ton of -- I couldn't even recoup money for that. I mean, this has been the biggest heartache I have ever had coming from a -- three generation of builders in my family. This has been a flippin' nightmare. And I don't know what to do. Take the few feet you need from my property next door. Redo the plot. I talked to an attorney. They said to do that. Someone else said, take the lean-to off; get rid of that. But if you take the lean-to off, then I run into another problem because the blower door test didn't pass. So I had to enclose the bottom part. So where do you start and where do you stop? The best solution with the attorneys from Bond & Bond said to re-plot my property next door that I have that I own free and clear, give you whatever feet you need for a drain easement, because you can't put the drain easement on 659 East Palm Avenue because you made me put a hoot system in for $30,000. So I can't use that part 9.A.3 Packet Pg. 378 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 67 because the hoot system's there. So the only thing to do is remove -- cut off half of the 288-square-foot house with a lean-to or re-plot the property next door. So I'm not sure what to do. No one's calling me back from stormwater. I sent an email saying, you know, I don't want anybody else on the property. They call -- they -- they don't even call. They just pop in out there, and then they write you a letter saying this is wrong and that's wrong when I specifically asked, can I be there? Can my brother be there, who is a licensed builder in Florida and Michigan and a licensed engineer? Never had a call back. They just walk on your property, throw notices up, then tell you they can't do anything. So I'm open for suggestions. I don't know what to do. CHAIRMAN KAUFMAN: Jonathan, have you been involved? MR. MUSSE: I've been monitoring, you know, the case, and Ms. McGrath has been battling back and forth with the county. She's trying to come into compliance. What she says, it is accurate. I did -- spoke with Renald Paul. He's the project coordinator on -- yesterday or the day before basically saying the exact situation with that lean-to that they have, is it encroaching on the property, which is why she can't get the -- move forward with the permit. And also, there -- we're confused. Allegedly, in the original permit, it wasn't described that the tiny house has been put in stilts, essentially. They -- to their knowledge, it was just still on the ground. So a modification has to be done to the permit if it wasn't on there originally, the application, and then the setback issue still has to be resolved in order for the permit to be finaled. MS. McGRATH: Jonathan, to correct you, the reason I had to spend $39,000 to put it on stilts was what the county wanted, because 9.A.3 Packet Pg. 379 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 68 it had to be above -- I'm in Zone AE, which has to be nine-and-a-half feet above sea level, the seawall. So I wouldn't have chose to put it on stilts. I was forced to put it on stilts. MR. MUSSE: I'm just telling you what Renald told me. MS. McGRATH: Right. But I'm just -- but Renald knows that because there's an engineer letter from American Engineering on Marco Island what they had would to redo -- everything structurally with the tiny house to make it come into code to follow Collier County's instructions. MR. ORTEGA: It seems like she fell into substantial improvement. That's why it triggered having to elevate the unit? MR. MUSSE: Correct. It just seems like every step she makes, you know, she's taking two steps back with the -- after it gets reviewed by the county, it gets failed, and there's other requirements. And she's making strides to correct these -- make these requirements, you know, get the permit approved. But, you know, like she said, she's having issues getting approval because she always had a speed bump. MS. McGRATH: They said we hadn't had a septic system, and the septic system was put in in 2017 by Shepard & Son, and here's the permit. And it's right on file, and it says right here on my permit card that everything has been signed. Everything has passed. Everything's been signed. All my letters from my engineer are right here. So I don't know what to say. MR. ORTEGA: Are we looking at a setback issue? Is that the final? Is that -- MR. MUSSE: Setback issue and possibly a modification to the permit plans. MR. ORTEGA: A revision. MR. MUSSE: Revision, yeah. So she was -- MS. McGRATH: What's the revision again? Is it for the stilts? 9.A.3 Packet Pg. 380 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 69 MR. MUSSE: Correct, from what I've been told. MS. McGRATH: Well, I think you were told wrong, because if you completely look at this permit -- and Jonathan's been a great help. I don't -- and Renald Paul. But if you look at this, it says on here that the stilts were approved. The concrete foundation was approved with the engineer letter. So that has been. MR. MUSSE: Okay. As long as the stilts have been approved, then it's just the encroachment issue. CHAIRMAN KAUFMAN: Well, for us -- I have no suggestions. The only thing that we can do is give you more time to resolve the situation. As far as the details of what needs to be permitted or changed or whatever, I think Renald will probably be the best person, as you mentioned, to look at that. MS. CURLEY: So I have a comment and a suggestion. So this is one of the reasons that we talk a little about the difference in the continuation and the extension. So we continued this when this came about for this woman, because I remember seeing her last year, and I always feel like, you know, the decision to do one or the other, you know, is to keep them on top of it. Well, this lady's building a house. So I feel like the continuance that we granted her only just, like, made it more stressful for her to see these fines accruing. And so I feel like this -- as in earlier today, this is a perfect example of how we can just do an extension of time. You know, just looking forward down the road, with -- you know, we're a board of peers here. So if we give this woman an extension of, like, six to eight months to keep sorting through her huge investment -- and she appears to be completely knowledgeable of what's going on -- then things can start fresh again for her and this isn't such a drag emotionally and a distraction for her. CHAIRMAN KAUFMAN: I'm sure the respondent has seen 9.A.3 Packet Pg. 381 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 70 what's happened here for almost every single case that we have. We have not imposed a fine today. I don't know that we've imposed a fine even last meeting. So whether it's an extension or a continuance, once it becomes in compliance, the fines have a tendency of disappearing, as you know. MS. CURLEY: Yeah, once she drives back from Goodland all the way up here and talks to us again and pays $56.89 again, and the county employee has to come here again. And this just seems like this is eventually going to get completed at a timeline which we don't know, nor does she, but we can only anticipate. So the best we can do is offer an extension for six to eight months, and then hopefully this all resolves itself, and we don't see anyone here again. She's not -- MS. McGRATH: Can I just say one thing? Had the county given us everything they needed at one time, we could have scratched it off the list. But when you go back when they tell you they need one thing, and then you put it through, and then you go back and they say, oh, you need this other thing, is what's been happening. So Jonathan probably has a solution. But after talking to an attorney, either the carport has to -- the lean-to has to come down. They said it encroached one-tenth of an inch -- or re-plot the next area. So I guess -- I don't know what is more feasible for us, as we have a ton of money in this. CHAIRMAN KAUFMAN: It's very concerning to me where you said that the county is not returning your calls. I can't make them do that. We can't tell the county what to do. But what we can do is provide you more time to get done what you need to get done. I don't know who your commissioner is, but I would take it up the line if need be if you're not getting any cooperation from anybody, but -- MS. McGRATH: I just got a message from Donna Fiala. She's 9.A.3 Packet Pg. 382 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 71 very aware of Goodland. She's very aware of the heartaches we all have suffered out there, and she understands our situation. So I think if I could get a little bit more time -- I know I'll get it resolved one way or another, but I'm at -- but to hold that over your head and have to think about that and go to bed every night after you already have so much in it, I would ask for an extension, not a continuation, please. MR. ORTEGA: I have a question. CHAIRMAN KAUFMAN: Yeah. MR. ORTEGA: This encroachment, a side yard encroachment? Rear encroachment? MR. MUSSE: Side. MR. ORTEGA: Side. And it's one -- less than one-tenth. MS. McGRATH: Well, they said zero point one-tenth of an inch. But now they just came back, just on Friday, and they sent an email saying that they think it is several feet. So that's why I'm saying, I just got this on Friday. Why didn't they know that in the beginning? It's been there from day one. Not from when Jonathan first came out there, because we had just had it set right before the hurricane. We didn't have time to do anything with it when the hurricane hit. So now we don't really know what it is, so that's why we're waiting for stormwater solutions or somebody to come out and tell us -- MR. ORTEGA: Are you trying to do this yourself, or did you hire -- MS. McGRATH: Well, now my brother is coming from Michigan. He's licensed in Michigan and Florida. He's a certified building contractor, and he's an engineer, and he's coming down next week to help us because he thinks this is just a nightmare. MR. ORTEGA: I think the comments you made about Collier, I find it hard to believe because I work with them every day. 9.A.3 Packet Pg. 383 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 72 Sometimes as an owner/builder, when you're trying to run these things and you don't have the information -- excuse me -- the experience or the knowledge, it tends to be a little bit troublesome. Before -- before doing anything to your adjacent lot, make sure you meet with planning -- it doesn't upset design standards so that you don't render a lot unbuildable in the future. Those are some of the things you might want to take a look at. But the reviewers at Collier County, from my experience and, of course, from all -- counties all over the state of Florida, they seemed to be very knowledgeable, very helpful. So I find it difficult to understand why you're not being helped. But I want you to know that when you apply as an owner/builder, this is what most people don't understand, you're applying is that you're a contractor with all the knowledge and experience necessary to perform all these activities. So maybe that may be part of the problem, the understanding. But, again, it doesn't seem to me what you're describing as difficult at all. So I'm having a hard time trying to -- MS. McGRATH: I can show you -- if I had time I could show you every -- you talk to Renald Paul. He knows I haven't gotten phone calls back. I've got hundreds of emails. I apologize for not getting back with you, quote-unquote. So that does happen. But, okay. So my question is, okay, so why didn't any of these inspectors, okay, from Collier County, and why didn't anybody from American Engineering, which we've paid thousands -- $26,000 to, why didn't the Marco Island Surveying, why didn't somebody -- they're all licensed, insured, bonded, supposed to be inspectors and know what they're doing. Why did they sign everything off? So maybe I'll take partial blame, but whoever came out to the site and signed these papers should be accountable for something. And if you didn't catch something in the beginning, that's one thing. 9.A.3 Packet Pg. 384 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 73 But when you don't catch 14 different things that you had to have on your house, and when you say go put flood vents in at $380 apiece, and I need six, does that show anything on here? Nothing. And when the site drainage guy comes out and tells me exactly where to put my gutter and my downspouts and my French drain, why didn't he say something? Why did he pass that? That's my frustration. MR. ORTEGA: I understand. MS. McGRATH: So I'll get it done. I promise I'll get it done. But I'm -- I just got that letter Friday, so I need a little bit more time. CHAIRMAN KAUFMAN: Okay. Would -- this is not -- this is not a case that we're hearing, that we're asking for a recommendation. This is a case where we can impose the fine, extend the time, or continue the case. That's what we can do. So I ask the Board, what's your pleasure? MR. ORTEGA: I make a motion to extend the time. MS. CURLEY: Second. CHAIRMAN KAUFMAN: Okay. How long? MR. ORTEGA: Based on where she's at, I would say at least six months. MS. CURLEY: I'll second that. CHAIRMAN KAUFMAN: Okay. That's a motion. MR. ORTEGA: That's a motion. CHAIRMAN KAUFMAN: Okay. And we have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. 9.A.3 Packet Pg. 385 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 74 MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. So you can sleep well tonight. MS. McGRATH: All right. Thank you so much. I'll do my best to get it done. Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: The next item on the agenda, No. 7 under imposition of fines, CEROW20180004006, Luis Patino and Papadorelly LLC. The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Can you state your name on the microphone for us. MR. PATINO: Luis Patino. CHAIRMAN KAUFMAN: Okay. Cristina? MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CEROW20180004006. Violations: The Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Location: 741 18th Ave Northwest, Naples, Florida; Folio No. 37591520004. Description: Dirt fill and culvert placed in county right-of-way without first obtaining the required Collier County right-of-way permits. Past orders: On July 26th, 2018, the Code Enforcement Board issued findings of facts, 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, OR5540, Page 2969, for more information. 9.A.3 Packet Pg. 386 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 75 The violation has been abated as of June 21st, 2019. Fines and costs to date are as follow: Fines have accrued at the rate of $250 per day for the period from October 25th, 2018, to June 21st, 2019, 240 days, for a total fine amount of $60,000. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing: $59.35. Total amount: $60,059.35. CHAIRMAN KAUFMAN: Okay. Sir. MR. PATINO: So this is a nightmare. So Papadorelly was a partner of mine, if you go back into what we spoke about last time. We bought, like, three properties. I had a partner with the CRC with Oasis Builders. We went in two ventures. I was the last one holding the bag. Had a big litigation with a business that I sold. Lost a lot of money there due to the fact that there was a lawsuit involved. I ended up -- we ended up walking away from it because he was in the wrong, but it still cost me an arm and a leg with lawyers defending myself to save my logo, my business, which I'm now back to, which is Oasis. Instead of Oasis Pools, it's now Oasis Renovation and Pools. So that was a whole mess there on that end. My partner from Port Charlotte with Oasis Builders, we -- with this one property that we purchased, we bought this lot that had came with permits, and everything was ready to build. It came with some old estimates. And the only thing we said is, hey, get these estimates out, get them revisited and, you know, get us new quotes, because this is 2017 we're building it. We bought them in 2016, and they're 2015 quotes. He doesn't do any of that. Everything gets submitted to the bank. They approved as we're going into the building aspect of things in Port Charlotte. The drywall was allotted for, like, let's say, 8,000. They're 9.A.3 Packet Pg. 387 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 76 asking for 12-. I'm coming out of pocket the extra 4-. And the whole story of that, it's just -- that's been the story for that property. I'm coming out of pocket, because he never did his due diligences in getting estimates on -- you know, for the new build for that year. So that going on, the property -- the builder loan accrues, and it's matured; it's due. I used all my properties as collateral, but I got this problem with this property on Wilson. Yes, we made a mistake by going into it and clearing a pathway to kind of offload a little bit of dirt that we can use in the future, since it's my property along with Papadorelly. That being said, I go forward, submit the permit for the culvert. We go through it. We pass the inspections. That put in place. Dealing with mitigation, nobody wants to touch mitigation because at this point I can't even build on the property due to all these other issues. Cost me my relationship. I'm a single dad of two dealing with child support right now; trying to figure that out with a lawyer. I still have my house. I'm picking up the pieces, reorganizing, moving forward. It's a mess. I mean, I can't say it in any other way. It's a mess. So I'm trying to get mitigation going. That's going to be something that would come up next month. We finally got somebody who's willing to work it. It's taken me two months, and I've only got 90 days -- two months to get somebody in there, because we must have made, like, seven or eight phone calls, three or four commitments, and two of those are the only ones that are -- so TLC fell through, like a week ago. We had to come and visit. MS. PEREZ: Can I just interrupt, really, for a second, Mr. -- this case is just simply for the right-of-way. MR. PATINO: Okay. MS. PEREZ: There's two separate cases on this property, and I 9.A.3 Packet Pg. 388 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 77 believe that he's going into details regarding the mitigation case. This case is just for the right-of-way. CHAIRMAN KAUFMAN: Let me see if I can summarize it. You had a problem, and you fixed it? MR. PATINO: Yes. CHAIRMAN KAUFMAN: Okay. I'm trying to keep this simple. Okay. So it's fixed. MR. PATINO: I'm trying to waive the fees, I guess. CHAIRMAN KAUFMAN: Okay. Would someone like to make a motion? MR. DOINO: Motion to abate. MS. CURLEY: Second. CHAIRMAN KAUFMAN: We have a motion and a second to deny the county's ability to fine. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. See, simplicity works. Have a nice day and good luck. MS. BUCHILLON: Next item on the agenda, we're back to hearings. CHAIRMAN KAUFMAN: Oh. MS. BUCHILLON: Number 2, CESD20180007557, Farid Uddin Ullah. 9.A.3 Packet Pg. 389 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 78 The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Good morning. MR. PITURA: Good morning. CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. You can present your case. MR. PITURA: Thank you. For the record, Thomas Pitura, Collier County Code Enforcement. This is in reference to Case No. CESD20180007557 dealing with violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06, Subsections (B)(1)(a) and (B)(1)(e). Description of violation: Two screened openings were closed in a cinderblock wall without the required permits. Located at 3633 Treasure Cove Court, Naples, Florida, 34114; Folio 27690008123. Service was given on July 18th, 2018. I would now like to present case evidence in the following exhibits: Three photos taken by Investigator Benjamin Plourd on May 30th, 2018, and four photos taken by myself on August 8th, 2019. CHAIRMAN KAUFMAN: Get a motion to accept the photos. MS. BOWMAN: Motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) 9.A.3 Packet Pg. 390 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 79 CHAIRMAN KAUFMAN: It carries unanimously. MR. PITURA: On May 22nd, 2018, Investigator Benjamin Plourd had observed work being done on the exterior lanai. The owner had enclosed two screen openings with cinderblocks without the required permits. A permit of PRBD20180635762 was obtained of June 6th, 2018, with an expiration of March 19th, 2019. I had spoken to Mr. Ullah on a few occasions, and he was trying to make corrections to the permit, as it was in rejection status. Time was given to Mr. Ullah, as requested, for compliance. Presently, the permit has been abandoned, and I have not been able to make verbal contact with Mr. Ullah. Violation remains. CHAIRMAN KAUFMAN: Could you go back to that picture again? MR. LETOURNEAU: Yeah. I just want to point out what Tom's talking about is -- correct me if I'm wrong, Tom -- but there's a screen area right here. And the one wall right here and one wall right here were put in, correct? MR. PITURA: That's correct. MR. LETOURNEAU: And then we'll go back to that picture. As you can see, that's where the wall is extended out on the side of the screen porch. CHAIRMAN KAUFMAN: Oh, another picture. So part of the screen is there. The rest has been blocked out. MR. PITURA: No. The entire screen has been removed and blocked in with cinderblocks. CHAIRMAN KAUFMAN: Oh, right there, that wall? MR. PITURA: Right, the wall -- MR. LETOURNEAU: You can see here where there's a change in the stucco coloration. That's pretty much right -- and then they went that way with the blocks. CHAIRMAN KAUFMAN: And the respondent said what about 9.A.3 Packet Pg. 391 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 80 this? MR. PITURA: Excuse me? CHAIRMAN KAUFMAN: The respondent said I blocked it up? I'm applying for a permit? What? MR. PITURA: Correct. MR. LETOURNEAU: Yeah. They did apply for a permit, but it was in reject status. He never finished it, and now it's in voided status. MR. PITURA: It's abandoned. MR. LETOURNEAU: Abandoned. CHAIRMAN KAUFMAN: Is the house abandoned or just the permit? MR. LETOURNEAU: Just the permit. MR. PITURA: Just the permit. CHAIRMAN KAUFMAN: Okay. Does the Board want to entertain a motion that this is in violation? MR. LEFEBVRE: Make a motion that there's a violation that exists. MS. CURLEY: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) 9.A.3 Packet Pg. 392 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 81 CHAIRMAN KAUFMAN: It carries unanimously. Do you have a suggestion for us? MR. PITURA: I do. That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $56.56 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy to keep or remove the alterations made to lanai within X amount of days of this hearing, or a fine of X amount of dollars per day will be imposed until the violation is abated; Two, the respondent must notify the code enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Is the house occupied? MR. PITURA: Yes. CHAIRMAN KAUFMAN: Is it occupied by the respondent? MR. PITURA: Yes. CHAIRMAN KAUFMAN: You've been unable to contact him? MR. PITURA: I tried to call him. I've been -- I've had contact with him on a number of occasions, but lately his phone is not accepting any more messages. I was there. I left some door hangers and some business cards. He has not responded back to me. CHAIRMAN KAUFMAN: Okay. Jeff? MR. LETOURNEAU: I'd like to make one correction. I believe the operational costs are $59.21, not 56.56 that's shown on the screen 9.A.3 Packet Pg. 393 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 82 right here. MS. CURLEY: Is this in a homeowners association? MR. PITURA: Yeah, he does. The homeowners association will not approve of his work that's being done, so that was probably more the reason why he's abandoned the permit. There's no reason to move forward with the permit if the homeowners association is not going to approve it. CHAIRMAN KAUFMAN: Yeah. That's up to the homeowners association to take their action against him, not us, okay. And they're more severe than we are, believe me, so... MS. CURLEY: I'll fill in those blanks. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Sixty days or $250 a day. CHAIRMAN KAUFMAN: With the operational costs paid in 30 days? MS. CURLEY: Yes. CHAIRMAN KAUFMAN: Okay. Do we have a second on that? MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. 9.A.3 Packet Pg. 394 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 83 Thank you very much. MR. PITURA: Thank you. CHAIRMAN KAUFMAN: Are you new, Tom? MR. PITURA: No. I've been here a while. CHAIRMAN KAUFMAN: You just have all -- a community that everybody obeys all the laws so we don't see you often. MR. LETOURNEAU: No. You'll be seeing a lot of him shortly. CHAIRMAN KAUFMAN: Okay. Helen? MS. BUCHILLON: Next item on the agenda under hearings, No. 4 CESD20190006401, Johnson Pharisien. The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: It's me again. CHAIRMAN KAUFMAN: Yes, John. We recognize you. Okay. Do you want to present the case? MR. JOHNSON: Yes, sir. CHAIRMAN KAUFMAN: Before you do, just so the record shows the respondent is not present. Okay. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. This is in reference to Case No. CESD20190006401 dealing with vitalizations of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), specifically an accessory structure (shed) on this property requires a permit. Located at 2617 Holly Avenue, Naples, Florida, 34112; Folio No. 5089064002. Service was given on July 11th, 2019. I would now like to present case evidence in the following exhibits: One aerial from Property Appraiser, one photo taken from -- by me on July 16th, 2019, and a copy of the building determination violation from the building official. CHAIRMAN KAUFMAN: Get a motion to accept the photo. 9.A.3 Packet Pg. 395 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 84 MR. DOINO: Motion to accept. MS. ELROD: Second. CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: On May -- I'm sorry. MR. LETOURNEAU: Go ahead. MR. JOHNSON: On May 28th, 2019, Code Enforcement received a complaint from the Naples Office of the Department of Children and Families, DCF, that people were living in a shed in the back of this property. My subsequent investigation showed that this accessory structure was built without any permitting. All attempts to contact the owner, Johnson Pharisien, have failed. I recently determined that the owner has been incarcerated in Collier County, so the violation remains. CHAIRMAN KAUFMAN: Can you point out there where this structure is. MR. JOHNSON: Yeah, it's right here. MR. LETOURNEAU: Is it right here, John? MR. JOHNSON: It's actually this, in this area here. Right here. That structure in the front is a new mobile home. That's a case that's being processed by our Contractor Licensing Division. It was never -- they never closed out the permit there, so we have other 9.A.3 Packet Pg. 396 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 85 issues on this lot. But here it is now. You can see in the rear on this picture. That's the one we're concerned with. I'm not able to gain legal access to the back there because nobody will let me back there. I have seen people coming and going from the back, but they really don't want to talk to me. CHAIRMAN KAUFMAN: Is this a safety health? MR. JOHNSON: I believe it could be. I haven't confirmed that there's children there, but I believe people are living there. CHAIRMAN KAUFMAN: That whole structure was not permitted? MR. LETOURNEAU: This one right here, the gray one. MR. JOHNSON: Correct. That was not permitted, and when -- there's a recent demo permit here for an old mobile home that was closed out, and I believe that was connected to the old mobile home based on the aerials. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion that a violation exists. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. 9.A.3 Packet Pg. 397 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 86 Do you have a suggestion for us, John? MR. JOHNSON: Yes. The recommendation is that the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted structure in the rear yard within blank days of this hearing or a fine of blank dollars per day will be imposed until the violation is abated. The respondent -- No. 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. Can I assume that there's water and electric in the structure? MR. JOHNSON: There is electric. I can't confirm water. CHAIRMAN KAUFMAN: Okay. Well, there's electric. This is a safety and health. No permits on that structure. I think we should treat it as a safety-and-health violation, which to me means a short time frame and a large fine, so... MR. JOHNSON: Correct. And also -- I mean, because it was reported by DCF, there could be kids involved. I haven't been able to confirm that, but there could be kids there. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: Do you know if these people are allowed to be on this property, or are they squatting there? 9.A.3 Packet Pg. 398 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 87 MR. JOHNSON: The only time I've been -- when I speak to people there, they won't give me their name, they won't give me the contact information for the owner, which, like, now I found out he's in jail. There is a history here of illegal activities related to drugs. So it's a -- it's a bit of a mess. CHAIRMAN KAUFMAN: Okay. Someone like to fill in the blanks? MR. ORTEGA: I'll take a crack at it. CHAIRMAN KAUFMAN: Go ahead. MR. ORTEGA: That the respondent pay the operational costs of 59.21, that he abate the violation within 30 days of this hearing, and a fine of $300 per day. MR. DOINO: Second. CHAIRMAN KAUFMAN: Okay. Any comments on the motion? No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. JOHNSON: Thank you. CHAIRMAN KAUFMAN: Just as a side note, Jeff, wouldn't this be something that the Sheriff would be involved in considering? 9.A.3 Packet Pg. 399 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 88 MR. LETOURNEAU: They are involved, right? MR. JOHNSON: They are. Should I speak? CHAIRMAN KAUFMAN: Go ahead. MR. LETOURNEAU: Go ahead. MR. JOHNSON: With this ruling that you gave, I can now -- the Sheriff has to have probable cause to go back there for a criminal activity. I can't prove -- we don't know. But I can ask the Sheriff to assist me to go back there, and that's where I can bring them in. But they're aware of it. DCF's aware of it. So we're just trying to cover the legal side of this to get back there. CHAIRMAN KAUFMAN: Very good. Thank you. MS. BUCHILLON: Next item on the agenda, and the last case, under imposition of fines, No. 10, CENA20190004829, Ernest J. Valdastri. The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. Joe? MR. MUCHA: Good morning. Joe Mucha, Collier County Code Enforcement. Past orders: On June 27th, 2019, the Code Enforcement Board issued a finding of facts, 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, OR5642 -- 52, excuse me, Page 842, for more information. Violation has not been abated as of September 26th, 2019. Fines and costs to date are as follows: Fines have accrued at a rate at 100 per day for the period from July 28th, 2019, to September 26th, 2019, 61 days, for a total fine amount of $6,100. Fines continue to accrue. Previously assessed operational costs of $59.63 have not been paid. 9.A.3 Packet Pg. 400 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 Page 89 Operational costs for today's hearing: $59.28 for a total fine amount of $6,218.91. CHAIRMAN KAUFMAN: Have you had been in contact with the respondent? MR. MUCHA: No, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Make a motion to impose. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to impose. All those in favor? MS. ELROD: Aye. MS. BOWMAN: Aye. MS. CURLEY: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Are we done, Helen? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Make a motion to -- MS. ELROD: Second. CHAIRMAN KAUFMAN: That's what you call the cart behind the -- and I agree. We're adjourned. 9.A.3 Packet Pg. 401 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019) September 26, 2019 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :33 a.m. CODE ENFORCEMENT BOARD eilli 411116411111- 44111A - ALWAMilib 0 : ER afriFMAN, CHAIRMAN These minutes approved bythe Board on A 1asppb2 , presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. Page 90 9.A.3 Packet Pg. 402 Attachment: CEB Minutes 09262019 (10761 : Code Enforcement Advisory Board September 26, 2019)